S.B. No. 703

	AN ACT
	relating to the continuation and functions of the Department of
	Agriculture, the Prescribed Burning Board, and the Texas Boll
	Weevil Eradication Foundation and the abolishment of the Early
	Childhood Health and Nutrition Interagency Council.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 11.003, Agriculture Code, is amended to
	read as follows:
	Sec. 11.003.  SUNSET PROVISION. The Department of
	Agriculture is subject to Chapter 325, Government Code (Texas
	Sunset Act). Unless continued in existence as provided by that
	chapter, the department is abolished September 1, 2033 [2021].
	SECTION 2.  Section 12.0175, Agriculture Code, is amended to
	read as follows:
	Sec. 12.0175.  "GO-TEXAN" [GROWN OR PRODUCED IN TEXAS]
	PROGRAM. (a) The department by rule shall [may] establish the
	"GO-TEXAN" program [programs] to promote and encourage the
	development and expansion of markets for Texas [market]
	agricultural products and other products grown, processed, or
	produced in the state.
	(b)  The department may charge a membership fee, as provided
	by department rule, for each participant in the "GO-TEXAN" [a]
	program.
	(c)  The department shall [may] adopt rules necessary to
	administer the "GO-TEXAN" [a] program established under this
	section, including rules:
	(1)  governing the use of any registered logo of the
	department;
	(2)  providing membership eligibility requirements and
	grounds for denial of membership;
	(3)  establishing membership categories or tiers; and
	(4)  specifying membership benefits.
	(d)  The department may revoke or cancel a certificate of
	registration or license issued under the "GO-TEXAN" [a] program
	established under this section if a participant fails to comply
	with a rule adopted by the department.
	(e)  In this section, "Texas agricultural product" means an
	agricultural, apicultural, horticultural, silvicultural,
	viticultural, or vegetable product, either in its natural or
	processed state, that has been produced, processed, or otherwise
	had value added to the product in this state, including:
	(1)  feed for use by livestock or poultry;
	(2)  fish or other aquatic species;
	(3)  livestock, a livestock product, or a livestock
	by-product;
	(4)  planting seed;
	(5)  poultry, a poultry product, or a poultry
	by-product; or
	(6)  wildlife processed for food or by-products.
	SECTION 3.  Chapter 12, Agriculture Code, is amended by
	adding Section 12.0204 to read as follows:
	Sec. 12.0204.  ADVISORY COMMITTEES. (a) The department by
	rule may establish advisory committees to make recommendations to
	the department on programs, rules, and policies administered by the
	department.
	(b)  In establishing an advisory committee under this
	section, the department shall adopt rules, including rules
	regarding:
	(1)  the purpose, role, responsibility, goals, and
	duration of the committee;
	(2)  the size of and quorum requirement for the
	committee;
	(3)  qualifications for committee membership;
	(4)  appointment procedures for members;
	(5)  terms of service for members;
	(6)  training requirements for members;
	(7)  policies to avoid conflicts of interest by
	committee members;
	(8)  a periodic review process to evaluate the
	continuing need for the committee; and
	(9)  policies to ensure the committee does not violate
	any provisions of Chapter 551, Government Code, applicable to the
	department or the committee.
	SECTION 4.  Chapter 12, Agriculture Code, is amended by
	adding Section 12.0205 to read as follows:
	Sec. 12.0205.  COORDINATION OF CONSUMER PROTECTION
	ENFORCEMENT WITH OFFICE OF ATTORNEY GENERAL. (a) The department
	and the office of the attorney general shall enter into a memorandum
	of understanding to coordinate the enforcement of consumer
	protection programs.
	(b)  The memorandum of understanding shall require the
	department to communicate with the consumer protection division of
	the office of the attorney general to identify and avoid potential
	duplication of effort before taking final disciplinary or
	enforcement action related to consumer protection.
	SECTION 5.  The heading to Section 12.026, Agriculture Code,
	is amended to read as follows:
	Sec. 12.026.  PUBLIC INTEREST INFORMATION[; COMPLAINTS].
	SECTION 6.  Chapter 12, Agriculture Code, is amended by
	adding Section 12.02601 to read as follows:
	Sec. 12.02601.  COMPLAINTS. (a) The department shall
	maintain a system to promptly and efficiently act on complaints
	filed with the department. The department shall maintain
	information about parties to the complaint, the subject matter of
	the complaint, a summary of the results of the review or
	investigation of the complaint, and its disposition.
	(b)  The department shall make information available
	describing its procedures for complaint investigation and
	resolution.
	(c)  The department shall periodically notify the complaint
	parties of the status of the complaint until final disposition
	unless the notice would jeopardize an investigation.
	SECTION 7.  Sections 12.042(a), (b), (c), (e), and (i),
	Agriculture Code, are amended to read as follows:
	(a)  The department shall establish a home-delivered meal
	grant program to benefit homebound elderly persons and persons with
	disabilities [disabled people] in this state. The program must be
	designed to help defray the costs of providing home-delivered meals
	that are not fully funded by the Health and Human [Department of
	Aging and Disability] Services Commission or an area agency on
	aging.
	(b)  From funds appropriated for that purpose, the
	department shall make grants to qualifying organizations that
	provide home-delivered meals to [the] homebound elderly persons and
	persons with disabilities [disabled]. The department may use not
	more than five percent of those appropriated funds for the
	administration of the grant program.
	(c)  An organization applying to the department for a grant
	under this section must:
	(1)  be a governmental agency or a nonprofit private
	organization that is exempt from taxation under Section 501(a),
	Internal Revenue Code of 1986, as an organization described by
	Section 501(c)(3) of that code, that is a direct provider of
	home-delivered meals to [the] elderly persons or persons with
	disabilities in this state;
	(2)  if it is a nonprofit private organization, have a
	volunteer board of directors;
	(3)  practice nondiscrimination;
	(4)  have an accounting system or fiscal agent approved
	by the county in which it provides meals;
	(5)  have a system to prevent the duplication of
	services to the organization's clients; and
	(6)  agree to use funds received under this section
	only to supplement and extend existing services related directly to
	home-delivered meal services.
	(e)  The department shall require an organization seeking a
	grant to file an application in a form approved by the department.
	The application must be [notarized and] signed or electronically
	acknowledged by the organization's executive director [and board
	chair, if applicable], be postmarked or electronically submitted
	not later than November 1, and must include:
	(1)  the organization's name and address;
	(2)  the names and titles of the organization's
	executive director and board chair, if applicable;
	(3)  the name of the county in relation to which the
	organization is applying;
	(4)  the number of residents at least 60 years of age
	who reside in that county, according to the most recent federal
	decennial census;
	(5)  the amount of the grant awarded by that county as
	required by Subsection (d);
	(6)  the number of meals the organization delivered to
	elderly persons or [disabled] persons with disabilities in that
	county during the preceding state fiscal year that were not fully
	funded [for] by the Health and Human [Department of Aging and
	Disability] Services Commission or an area agency on aging;
	(7)  appropriate documentation demonstrating that the
	organization:
	(A)  is a qualifying governmental agency or
	nonprofit private organization;
	(B)  has been awarded a grant by the county in
	relation to which the organization is applying, as required by
	Subsection (d); and
	(C)  has delivered the number of meals reported
	under Subdivision (6);
	(8)  the organization's most recent financial statement
	or audited financial report; and
	(9)  a list of the organization's board and officers.
	(i)  Not later than February 1 of each year, the department
	shall make a grant to each qualifying organization that has
	submitted an approved application under this section. Subject to
	Subsections (d) and (h), the department shall make grants in an
	amount equal to one dollar for each meal that the organization
	delivered to homebound elderly persons or [disabled] persons with
	disabilities in the county in the preceding state fiscal year that
	was not fully funded [for] by the Health and Human [Department of
	Aging and Disability] Services Commission or an area agency on
	aging. If more than one qualifying organization delivers meals in a
	county, the department shall reduce the grants proportionally to
	each qualifying organization in that county so that the total
	amount of the grants to the organizations does not exceed the amount
	described by Subsection (h).
	SECTION 8.  Chapter 12, Agriculture Code, is amended by
	adding Section 12.051 to read as follows:
	Sec. 12.051.  FARMER MENTAL HEALTH AND SUICIDE PREVENTION
	PROGRAM. (a)  The department shall establish a farmer mental health
	and suicide prevention program to raise awareness among farmers of
	issues relating to mental health and suicide prevention.
	(b)  As part of the program, the department shall:
	(1)  promote suicide prevention among farmers through a
	public awareness campaign;
	(2)  provide a toll-free telephone hotline for farmer
	mental health assistance;
	(3)  develop a mental wellness plan for farmers
	affected by a disaster; and
	(4)  coordinate suicide prevention activities with
	other state agencies, including the Department of State Health
	Services.
	SECTION 9.  Subchapter A, Chapter 12A, Agriculture Code, is
	amended by adding Sections 12A.004 and 12A.005 to read as follows:
	Sec. 12A.004.  INSPECTION AND ENFORCEMENT STRATEGIC PLAN.
	(a) The department shall develop and publish an annual plan for
	each state fiscal year to use the inspection and enforcement
	resources of the department strategically to ensure public safety
	and protect agriculture and consumers in this state.
	(b)  The department shall seek input from stakeholders when
	developing each annual plan.
	(c)  The department shall collect and maintain information
	that accurately shows the department's inspection and enforcement
	activities. Each annual plan must include a report of the
	information collected by the department that shows the department's
	inspection and enforcement activities over time.
	(d)  The information described by Subsection (c) must
	include data regarding violations of statutes or department rules,
	including:
	(1)  the number, type, and severity of:
	(A)  violations the department found to have
	occurred;
	(B)  violations the department referred for
	enforcement to the section of the department responsible for
	enforcement; and
	(C)  violations for which the department imposed a
	penalty or took other enforcement action;
	(2)  the number of major violations for which the
	department imposed a penalty or took other enforcement action; and
	(3)  the number of repeat major violations, categorized
	by license type, if applicable.
	(e)  The department shall publish each annual plan on the
	department's Internet website not later than July 1 of the year
	preceding the state fiscal year in which the department implements
	the plan.
	Sec. 12A.005.  CRIMINAL HISTORY EVALUATION. The department
	shall perform the duties of a licensing authority under Chapter 53,
	Occupations Code, for each license issued by the department under
	this code or other law, including issuing guidelines under Section
	53.025, Occupations Code.
	SECTION 10.  Section 19.005, Agriculture Code, is reenacted
	and amended to read as follows:
	Sec. 19.005.  ADVISORY COUNCIL. (a) The commissioner shall
	appoint the advisory council. The advisory council is composed of
	seven members, including:
	(1)  one member representing the department;
	(2)  one member representing The Texas A&M
	University-Kingsville Citrus Center at Weslaco;
	(3)  two members representing the citrus nursery
	industry;
	(4)  two members representing citrus growers; and
	(5)  one member having specialized knowledge in citrus
	diseases and pests.
	(b)  A member serves a two-year term and may be reappointed.
	(c)  Members of the advisory council are not eligible for
	reimbursement of expenses arising from service on the advisory
	council.
	(d)  Chapter 2110, Government Code, does not apply to the
	duration of the advisory council.
	SECTION 11.  Section 41.154, Agriculture Code, is amended to
	read as follows:
	Sec. 41.154.  ANNUAL REPORT. The council shall deliver to
	the commissioner [and the appropriate oversight committee in the
	senate and house of representatives] an annual report giving
	details of its efforts to carry out the purposes of this subchapter.
	SECTION 12.  Section 45.005(c), Agriculture Code, is amended
	to read as follows:
	(c)  The program may undertake agricultural research and
	development projects of mutual benefit that are located in Texas,
	Israel, or any other location considered advisable by the
	department [or suggested by the advisory committee].
	SECTION 13.  Section 46.005, Agriculture Code, is amended to
	read as follows:
	Sec. 46.005.  DEPARTMENT POWERS AND DUTIES. The department
	shall administer the "Go Texan" Partner Program. The duties of the
	department in administering the program include:
	(1)  developing procedures for acceptance and
	administration of funds received to administer the program,
	including appropriations, gifts, license plate revenue, and
	matching funds;
	(2)  developing application and selection procedures
	including procedures for soliciting and accepting applications
	[and screening applications for review by the "Go Texan" Partner
	Program Advisory Board];
	(3)  developing a general promotional campaign for
	Texas agricultural products and advertising campaigns for specific
	Texas agricultural products based on project requests submitted by
	successful applicants;
	(4)  developing advertising programs and promotional
	materials for use by program participants and establishing
	guidelines on advertising activities by participants;
	(5)  contracting with media representatives for the
	purpose of dispersing promotional materials; and
	(6)  receiving matching funds from program
	participants and donations or grants from any source, and
	establishing internal reporting requirements for use of funds.
	SECTION 14.  Section 46.011, Agriculture Code, is amended to
	read as follows:
	Sec. 46.011.  CRITERIA FOR ALLOCATION OF FUNDS. The
	department shall by rule [and with the advice of the board]
	establish criteria for allocation of funds to participant projects.
	Rules adopted under this section must include:
	(1)  the factors to be considered in evaluating
	projects; and
	(2)  a maximum funding amount for each project.
	SECTION 15.  Section 47.052(b), Agriculture Code, is amended
	to read as follows:
	(b)  The commissioner[, in consultation with the advisory
	committee established under Section 47.053,] shall adopt rules as
	necessary to implement the program.
	SECTION 16.  Section 50B.0025, Agriculture Code, is amended
	to read as follows:
	Sec. 50B.0025.  ANNUAL PLAN AND BUDGET. Not later than
	November 1 of each year, the commissioner shall prepare for the
	current fiscal year:
	(1)  a [the] schedule and plan of action designed to
	implement and further the objectives of this chapter and Chapter
	110, Alcoholic Beverage Code; and
	(2)  a budget and prioritized spending plan for
	expenditures of the wine industry development fund [described by
	Section 50B.002(g), considering the recommendations of the
	committee under that section and following them to the extent the
	commissioner considers appropriate].
	SECTION 17.  Sections 62.002(a) and (b), Agriculture Code,
	are amended to read as follows:
	(a)  The State Seed and Plant Board is an agency of the state.
	The board is composed of:
	(1)  one individual, appointed by the president of
	Texas A&M University, from the Soils and Crop Sciences Department,
	Texas Agricultural Experiment Station, Texas A&M University;
	(2)  one individual, appointed by the president of
	Texas Tech University, from the Department of Plant and Soil
	Sciences, Texas Tech University;
	(3)  one individual, appointed by the commissioner,
	licensed as a Texas Foundation, Registered, or Certified seed or
	plant producer who is not employed by a public institution;
	(4)  one individual, appointed by the commissioner, who
	sells Texas Foundation, Registered, or Certified seed or plants;
	and
	(5)  one individual, appointed by the commissioner,
	actively engaged in farming but not a producer or seller of Texas
	Foundation, Registered, or Certified seed or plants[; and
	[(6)  the head of the seed division of the department].
	(b)  An individual appointed from a state university [or the
	department] serves on the board as an ex officio member. A member
	serves for a term of two years and until a successor has qualified.
	Members serve without compensation but are entitled to
	reimbursement by the state for actual expenses incurred in the
	performance of their duties.
	SECTION 18.  Section 62.005(a), Agriculture Code, is amended
	to read as follows:
	(a)  A person who wants to produce a certified class of seed
	or plant for which the board has established standards of genetic
	purity and identity may apply to the board for licensing as a
	Foundation, Registered, or Certified producer of seed or plants.
	To be licensed as a producer, a person must satisfy the board that:
	(1)  [he or she is of good character and has a
	reputation for honesty;
	[(2)]  his or her facilities meet board requirements
	for producing and maintaining seed or plants for the certification
	generations desired; and
	(2) [(3)]  he or she has met any other board
	requirements as to knowledge of the production or maintenance of
	seed or plants for the certification generations for which he or she
	applies to be licensed.
	SECTION 19.  Section 74.0031(d), Agriculture Code, is
	amended to read as follows:
	(d)  The department shall set a cotton stalk destruction
	deadline for each pest management zone, with consideration given to
	the recommendations of the foundation [and the applicable
	administrative committee submitted under Subsection (b)].
	SECTION 20.  Sections 74.0032(b) and (c), Agriculture Code,
	are amended to read as follows:
	(b)  If adverse weather conditions or other good cause
	exists, the Texas Boll Weevil Eradication Foundation
	[administrative committee that governs the applicable pest
	management zone] may request that the department grant an extension
	of the cotton stalk destruction deadline for any specified part of
	the pest management zone or for the entire pest management zone. A
	request under this subsection must be made within the period
	specified by department rule. A field is not subject to a hostable
	cotton fee if the department grants an extension of the deadline.
	The Texas Boll Weevil Eradication Foundation shall submit to the
	department an estimate of the amount by which an extension under
	this subsection will increase the cost of administering the boll
	weevil eradication program.
	(c)  If the Texas Boll Weevil Eradication Foundation
	[applicable administrative committee] does not request an
	extension, or if the department denies a request for an extension of
	the cotton stalk destruction deadline for a specified part of a pest
	management zone, a cotton grower may apply for an individual
	extension of the deadline. A request under this subsection must be
	made within the period specified by department rule.
	SECTION 21.  Section 74.004(a), Agriculture Code, is amended
	to read as follows:
	(a)  The [On petition of the administrative committee of a
	pest management zone, the] department may establish regulated
	areas, dates, and appropriate methods of destruction of stalks,
	other parts, and products of host plants for cotton pests,
	including requirements for destruction of foliage, fruiting
	structures, and root systems of host plants after the harvest
	deadline.
	SECTION 22.  Section 74.0041, Agriculture Code, is amended
	to read as follows:
	Sec. 74.0041.  REGULATION OF PLANTING DATES. The [On
	petition of the administrative committee of a pest management zone,
	the] department may establish uniform planting dates for host
	plants.
	SECTION 23.  Subchapter D, Chapter 74, Agriculture Code, is
	amended by adding Section 74.1091 to read as follows:
	Sec. 74.1091.  SEPARATION OF RESPONSIBILITIES. The board
	shall develop and implement policies that clearly separate the
	policy-making responsibilities of the board and the management
	responsibilities of the chief executive officer and staff of the
	foundation.
	SECTION 24.  Section 74.127(a), Agriculture Code, is amended
	to read as follows:
	(a)  The board of directors of the official cotton growers'
	boll weevil eradication foundation is subject to Chapter 325,
	Government Code (Texas Sunset Act). Unless continued in existence
	as provided by that chapter, the board is abolished [and this
	subchapter expires] September 1, 2033 [2021].
	SECTION 25.  Subchapter D, Chapter 74, Agriculture Code, is
	amended by adding Section 74.132 to read as follows:
	Sec. 74.132.  COMPLAINTS. (a)  The foundation shall
	maintain a system to promptly and efficiently act on complaints
	filed with the foundation. The foundation shall maintain
	information about parties to the complaint, the subject matter of
	the complaint, a summary of the results of the review or
	investigation of the complaint, and its disposition.
	(b)  The foundation shall make information available
	describing its procedures for complaint investigation and
	resolution.
	(c)  The foundation shall periodically notify the complaint
	parties of the status of the complaint until final disposition
	unless the notice would jeopardize an investigation.
	SECTION 26.  Section 122.201(a), Agriculture Code, is
	amended to read as follows:
	(a)  A license holder shall harvest the plants from a plot
	not later than the 30th [20th] day after the date a preharvest
	sample is collected under Section 122.154 unless field conditions
	delay harvesting or the department authorizes the license holder to
	delay harvesting. This subsection does not prohibit the license
	holder from harvesting the plants immediately after the preharvest
	sample is collected.
	SECTION 27.  The heading to Section 134.002, Agriculture
	Code, is amended to read as follows:
	Sec. 134.002.  SUPPORT OF AQUACULTURE [PROGRAM].
	SECTION 28.  Section 134.004, Agriculture Code, is amended
	to read as follows:
	Sec. 134.004.  CONTRACTS.  The department, the Texas
	[Natural Resource Conservation] Commission on Environmental
	Quality, the Texas Animal Health Commission, and the Parks and
	Wildlife Department may contract with state, federal, or private
	entities for assistance in carrying out the purposes of this
	chapter.
	SECTION 29.  The heading to Subchapter B, Chapter 134,
	Agriculture Code, is amended to read as follows:
	SUBCHAPTER B. AQUACULTURE REQUIREMENTS [LICENSE]
	SECTION 30.  Section 134.013, Agriculture Code, is amended
	to read as follows:
	Sec. 134.013.  ADDITIONAL REQUIREMENTS FOR SHRIMP
	PRODUCTION WITHIN THE COASTAL ZONE.  (a)  A commercial aquaculture
	facility located within the coastal zone and engaged in the
	production of shrimp must:
	(1)  [must] obtain a site-specific wastewater
	discharge permit from the Texas [Natural Resource Conservation]
	Commission on Environmental Quality before the facility may
	discharge wastewater if the facility will discharge wastewater or
	another substance into waters in the state;
	(2)  [must] provide the report described in Subsection
	(b) to the Texas Commission on Environmental Quality [and is
	subject to the review described in Section 134.031(c) if the
	aquaculture facility applies for a site-specific discharge
	permit];
	(3)  [must] obtain an amendment to its site-specific
	discharge permit from the Texas [Natural Resource Conservation]
	Commission on Environmental Quality before the facility may
	increase the amount of discharge or change the nature of the
	discharge above levels allowed by the wastewater discharge permit
	issued by the Texas [Natural Resource Conservation] Commission on
	Environmental Quality, except as otherwise provided by Section
	26.0191, Water Code; and
	(4)  [must] provide the report described by Subsection
	(b) [and is subject to the review described in Section 134.031(c)]
	before the facility may increase the amount of discharge, or change
	the nature of the discharge above levels allowed by the wastewater
	discharge permit issued by the Texas [Natural Resource
	Conservation] Commission on Environmental Quality, except as
	otherwise provided by Section 26.0191, Water Code.
	(b)  Before issuing a permit [license] to a new aquaculture
	facility designed for the commercial production of shrimp that will
	discharge wastewater into waters in the state within the coastal
	zone, the Texas Commission on Environmental Quality [department]
	shall require the applicant to provide a report describing the
	existing environmental conditions at the proposed site, including
	aquatic habitat and the conditions of the waters in the state into
	which a discharge is proposed. The report must provide an
	assessment of any potential impacts of wastewater discharges on
	sensitive aquatic habitats in the area of the proposed site,
	significant impacts related to the construction or operation of the
	facility, and any mitigation actions proposed by the applicant.
	(c)  The applicant must provide the report required under
	Subsection (b) to the [Texas Natural Resource Conservation
	Commission and the] Parks and Wildlife Department. The Texas
	[Natural Resource Conservation] Commission on Environmental
	Quality may not issue a wastewater discharge permit to a new
	aquaculture facility designed for the commercial production of
	shrimp and located within the coastal zone without consideration of
	the report described by Subsection (b).
	(d)  In coordination with [the department and] the Parks and
	Wildlife Department, the Texas [Natural Resource Conservation]
	Commission on Environmental Quality shall establish guidelines
	relating to the report required by Subsection (b) that:
	(1)  give public notice as to what the reporting
	requirements include; and
	(2)  minimize duplication of reporting requirements
	and other requirements related to the application for a wastewater
	discharge permit.
	SECTION 31.  Section 134.016(a), Agriculture Code, is
	amended to read as follows:
	(a)  The operator [holder] of a commercial [an] aquaculture
	facility [license] shall maintain a record of sales of cultured
	species for at least [a period of time of not less than] one year.
	The record is open for inspection by designated employees of the
	Parks and Wildlife Department [and the department] during normal
	business hours.
	SECTION 32.  Section 134.017, Agriculture Code, is amended
	to read as follows:
	Sec. 134.017.  CULTURE AND SALE OF CULTURED SPECIES.
	Cultured species of any kind, size, or number may be raised,
	possessed, transported, and sold anywhere, at any time, to any
	person, for any purpose by the operator [holder] of a commercial
	[an] aquaculture facility [license] unless prohibited by the Parks
	and Wildlife Code or regulation.
	SECTION 33.  Section 134.018, Agriculture Code, is amended
	to read as follows:
	Sec. 134.018.  [LICENSE NOT REQUIRED FOR] SALE OF CERTAIN
	FISH.  (a)  This section applies to [An aquaculture license is not
	required for] the sale of fish:
	(1)  that are not on the Parks and Wildlife Department's
	list of exotic fish, shellfish, and aquatic plants;
	(2)  collected from a private facility on private land
	by a person who operates a commercial [holds an] aquaculture
	facility [license];
	(3)  by the owner of the private facility from which the
	fish were collected;
	(4)  to manage the fish population in the private
	facility; and
	(5)  to a person who operates a commercial [holds an]
	aquaculture facility [license].
	(b)  Not later than the 30th day after the sale of fish under
	this section, a [the] buyer who operates a commercial [holds an]
	aquaculture facility [license] shall submit a copy of the invoice
	for the sale to the Parks and Wildlife Department. The seller and
	the buyer shall maintain a record of the sale for not less than one
	year. The record must contain at least:
	(1)  the invoice number;
	(2)  the date of the sale;
	(3)  the name and address of the seller;
	(4)  the physical location of the facility from which
	the fish were collected;
	(5)  the buyer's name and[,] address[,] and the name and
	address of the buyer's commercial aquaculture facility [license
	number of the buyer]; and
	(6)  the number of fish sold.
	(c)  Sections 66.020 and 66.111, Parks and Wildlife Code, do
	not apply to a sale under this section.
	SECTION 34.  Section 134.023(b), Agriculture Code, is
	amended to read as follows:
	(b)  A person who violates Section [134.019 or] 134.020
	commits an offense that is a Class B misdemeanor.
	SECTION 35.  Sections 134.031(a), (b), (c), (d), (e), (f),
	and (g), Agriculture Code, are amended to read as follows:
	(a)  The [department, the] Texas [Natural Resource
	Conservation] Commission on Environmental Quality[,] and the Parks
	and Wildlife Department shall enter into a memorandum of
	understanding for the regulation of matters related to aquaculture.
	(b)  The Texas [Natural Resource Conservation] Commission on
	Environmental Quality, after receiving an application for a
	wastewater discharge authorization from an aquaculture facility,
	shall provide a copy of the application to the [department and the]
	Parks and Wildlife Department.
	(c)  The [department, the] Texas [Natural Resource
	Conservation] Commission on Environmental Quality[,] and the Parks
	and Wildlife Department shall [each appoint one member of a
	three-member application review committee to review the wastewater
	discharge authorization application to] ensure that the proposed
	discharge will not adversely affect a bay, an estuary, or other
	waters in the state.
	(d)  The Parks and Wildlife Department, in consultation with
	the Texas [Natural Resource Conservation] Commission on
	Environmental Quality, may establish general guidelines that
	identify sensitive aquatic habitat within the coastal zone. The
	general guidelines must include factors such as the presence of sea
	grass beds, depth of receiving waters, and amount of tidal
	exchange.
	(e)  If the Parks and Wildlife Department establishes the
	guidelines described in Subsection (d), the Parks and Wildlife
	Department must provide the guidelines to the Texas [Natural
	Resource Conservation] Commission on Environmental Quality [and
	the department].
	(f)  If the Parks and Wildlife Department has established the
	guidelines described in Subsection (d), the Texas [Natural Resource
	Conservation] Commission on Environmental Quality must consider
	the guidelines when reviewing wastewater discharge authorization
	applications for new aquaculture facilities located within the
	coastal zone, or expansion of existing facilities located within
	the coastal zone if the expansion will increase the amount of
	discharge, or change the nature of the discharge, above levels
	allowed by the wastewater discharge permit.
	(g)  In developing the guidelines under Subsection (d)
	applicable to aquaculture facilities engaged in the production of
	shrimp in the coastal zone, the Parks and Wildlife Department, in
	consultation with the Texas [Natural Resource Conservation]
	Commission on Environmental Quality, shall consider the best
	management practices that the facilities developed under the
	direction of the Texas [Natural Resource Conservation] Commission
	on Environmental Quality.
	SECTION 36.  Section 110.002(b), Alcoholic Beverage Code, is
	amended to read as follows:
	(b)  The commissioner[, in consultation with the advisory
	committee established under Section 50B.002, Agriculture Code,]
	shall adopt rules as necessary to implement the program.
	SECTION 37.  Section 153.046, Natural Resources Code, is
	amended to read as follows:
	Sec. 153.046.  DUTIES. The board by rule shall establish:
	(1)  [establish] standards for prescribed burning;
	(2)  [develop] a comprehensive training curriculum for
	certified and insured prescribed burn managers;
	(3)  [establish] standards for certification,
	recertification, and training for certified and insured prescribed
	burn managers;
	(4)  [establish] minimum education and professional
	requirements for instructors for the approved curriculum; and
	(5)  [establish] insurance requirements for certified
	and insured prescribed burn managers in amounts not less than those
	required by Section 153.082.
	SECTION 38.  Section 153.048, Natural Resources Code, is
	amended by adding Subsection (f) to read as follows:
	(f)  The board may waive any prerequisite to obtaining
	certification for an applicant after reviewing the applicant's
	credentials and determining that the applicant holds a valid
	certification from another state that has certification
	requirements substantially equivalent to those of this state.
	SECTION 39.  Subchapter B, Chapter 153, Natural Resources
	Code, is amended by adding Section 153.049 to read as follows:
	Sec. 153.049.  CRIMINAL HISTORY EVALUATION.  The board shall
	perform the duties of a licensing authority under Chapter 53,
	Occupations Code, for each certification issued by the board under
	this chapter or other law, including issuing guidelines under
	Section 53.025, Occupations Code.
	SECTION 40.  Section 153.101, Natural Resources Code, is
	amended to read as follows:
	Sec. 153.101.  COMPLAINTS.  The department shall receive and
	process complaints concerning certified and insured prescribed
	burn managers in the manner described by Sections [Section] 12.026
	and 12.02601, Agriculture Code, and rules adopted under those
	sections [that section].
	SECTION 41.  Section 153.102(b), Natural Resources Code, is
	amended to read as follows:
	(b)  The board [department] by rule shall adopt a schedule of
	the disciplinary sanctions that the department shall [may] impose
	under this chapter. In adopting the schedule of sanctions, the
	board [department] shall ensure that the severity of the sanction
	imposed is appropriate to the type of violation or conduct that is
	the basis for disciplinary action.
	SECTION 42.  Section 43.551, Parks and Wildlife Code, is
	amended to read as follows:
	Sec. 43.551.  PERMIT FOR THE TAKING OF BROOD STOCK BY
	COMMERCIAL AQUACULTURE FACILITIES [FISH FARMERS]. The department
	may issue a permit to an operator of a commercial aquaculture
	facility as defined by Section 134.001, Agriculture Code, [a
	licensed fish farmer] that authorizes the operator [fish farmer] to
	take a specified quantity of fish brood stock from specified public
	water.
	SECTION 43.  Section 43.553(a), Parks and Wildlife Code, is
	amended to read as follows:
	(a)  A [The] permit under this subchapter may allow the
	operator of a commercial aquaculture facility [fish farmer] to take
	a specified quantity of fish brood stock reasonably necessary for
	the operation of the aquaculture facility [fish farm] but limited
	to the extent necessary to protect the availability of fish in
	public water.
	SECTION 44.  Section 43.554, Parks and Wildlife Code, is
	amended to read as follows:
	Sec. 43.554.  FEES. The commission shall charge the
	operator of a commercial aquaculture facility [a fish farmer] a fee
	equal to the value of the fish authorized to be taken under this
	subchapter.
	SECTION 45.  Section 47.009(c), Parks and Wildlife Code, is
	amended to read as follows:
	(c)  An operator of [A person who has an aquaculture license
	for] a Texas commercial aquaculture facility as defined by [under]
	Section 134.001 [134.011], Agriculture Code, is not required to
	obtain or possess a wholesale fish dealer's license if the
	operator's [person's] business activities with regard to the sale
	of aquatic products involve aquatic products raised on the
	operator's commercial [person's] aquaculture facility only.
	SECTION 46.  Section 47.0091, Parks and Wildlife Code, is
	amended to read as follows:
	Sec. 47.0091.  PURCHASE OF AQUATIC PRODUCTS BY WHOLESALE
	FISH DEALERS. No wholesale fish dealer may purchase for resale or
	receive for sale, barter, exchange, or any other commercial purpose
	any aquatic product from any person or entity in this state unless
	the dealer [he] purchases the product from the operator of a
	commercial aquaculture facility as defined by Section 134.001,
	Agriculture Code, or the holder of:
	(1)  a general commercial fisherman's license;
	(2)  a commercial oyster fisherman's license;
	(3)  a commercial oyster boat license;
	(4)  a wholesale fish dealer's license;
	(5)  [a fish farmer's license;
	[(6)]  a commercial shrimp boat license;
	(6) [(7)]  a commercial oyster boat captain's license;
	(7) [(8)]  a commercial shrimp boat captain's license;
	(8) [(9)]  a commercial crab fisherman's license;
	(9) [(10)]  a commercial finfish fisherman's license;
	(10) [(11)]  a commercial gulf shrimp unloading
	license; or
	(11) [(12)]  a cultivated oyster mariculture permit.
	SECTION 47.  Section 47.010(b), Parks and Wildlife Code, is
	amended to read as follows:
	(b)  A resident who operates a [holds a fish farm] vehicle
	used to transport cultured species from a private facility, as
	those terms are defined by [license under] Section 134.001
	[134.012], Agriculture Code, and sells cultured species from the
	vehicle is not required to obtain a license for the vehicle under
	this section if the vehicle is used with regard to the sale or
	transportation of only aquatic products raised on a [licensed]
	Texas commercial aquaculture facility belonging to the operator
	[owner] of the vehicle.
	SECTION 48.  Section 47.011(c), Parks and Wildlife Code, is
	amended to read as follows:
	(c)  An operator of [A person with an aquaculture license
	for] a Texas commercial aquaculture facility as defined by [under]
	Section 134.001 [134.011], Agriculture Code, is not required to
	obtain or possess a retail fish dealer's license if the operator's
	[person's] business activities with regard to the sale of aquatic
	products involve aquatic products raised on the operator's
	commercial [person's] aquaculture facility only.
	SECTION 49.  Section 47.0111, Parks and Wildlife Code, is
	amended to read as follows:
	Sec. 47.0111.  PURCHASE OF AQUATIC PRODUCTS BY RETAIL FISH
	DEALERS. No retail fish dealer may purchase for resale or receive
	for sale, barter, exchange, or any other commercial purposes any
	aquatic products from any person or entity in this state unless the
	dealer [he] purchases the product from the operator of a commercial
	aquaculture facility as defined by Section 134.001, Agriculture
	Code, or the holder of:
	(1)  a wholesale fish dealer's license; or
	(2)  a general commercial fisherman's license, a
	commercial shrimp boat license, a commercial shrimp boat captain's
	license, a commercial gulf shrimp unloading license, a commercial
	crab fisherman's license, or a commercial finfish fisherman's
	license when the retail fish dealer has given written notification
	to the director or the director's [his] designee of the dealer's
	intent to purchase aquatic products from the holder of a general
	commercial fisherman's license, a commercial shrimp boat license, a
	commercial shrimp boat captain's license, a commercial crab
	fisherman's license, or a commercial finfish fisherman's license[;
	or
	[(3)  a fish farmer's license].
	SECTION 50.  Section 47.012, Parks and Wildlife Code, is
	amended to read as follows:
	Sec. 47.012.  PURCHASE OF AQUATIC PRODUCTS BY RESTAURANT
	OWNER, OPERATOR, OR EMPLOYEE. No restaurant owner, operator, or
	employee may purchase for consumption by the restaurant's patrons
	on the restaurant's premises any aquatic product from any person or
	entity in this state unless the person purchases the aquatic
	product from the operator of a commercial aquaculture facility as
	defined by Section 134.001, Agriculture Code, or the holder of:
	(1)  a wholesale fish dealer's license;
	(2)  a general commercial fisherman's license;
	(3)  [a fish farmer's license;
	[(4)]  a commercial shrimp boat license;
	(4) [(5)]  a commercial shrimp boat captain's license;
	(5) [(6)]  a commercial crab fisherman's license;
	(6) [(7)]  a commercial finfish fisherman's license; or
	(7) [(8)]  a commercial gulf shrimp unloading license.
	SECTION 51.  Section 47.013(c), Parks and Wildlife Code, is
	amended to read as follows:
	(c)  A resident who operates [owns] a vehicle used to
	transport cultured species from a private facility, as those terms
	are defined by [licensed under] Section 134.001 [134.012],
	Agriculture Code, and sells cultured species from the vehicle is
	not required to obtain a license for the vehicle under this section
	when the vehicle is used with regard to the sale or transportation
	of only aquatic products raised on a [licensed] Texas commercial
	aquaculture facility belonging to the operator [owner] of the
	vehicle.
	SECTION 52.  Section 47.014(c), Parks and Wildlife Code, is
	amended to read as follows:
	(c)  An operator of [A person who has an aquaculture license
	for] a Texas commercial aquaculture facility as defined by [under]
	Section 134.001 [134.011], Agriculture Code, is not required to
	obtain or possess a bait dealer's license if the operator's
	[person's] business activities with regard to the sale of aquatic
	products for bait involve only aquatic products raised on the
	operator's commercial [person's] aquaculture facility.
	SECTION 53.  Sections 66.007(d) and (f), Parks and Wildlife
	Code, are amended to read as follows:
	(d)  An operator of a commercial aquaculture facility as
	defined by Section 134.001, Agriculture Code, [A fish farmer] may
	import, possess, or sell harmful or potentially harmful exotic fish
	species as provided by Section 134.020, Agriculture Code.
	(f)  An operator of a commercial aquaculture facility as
	defined by Section 134.001, Agriculture Code, [A fish farmer] may
	not import, possess, propagate, or transport exotic shellfish
	unless the operator [fish farmer] furnishes evidence required by
	the department showing that the shellfish are free of disease.
	SECTION 54.  Section 66.020(b), Parks and Wildlife Code, is
	amended to read as follows:
	(b)  This section applies to the possession, transportation,
	sale, or purchase of any fish described by Subsection (a) [of this
	section] without regard to where the fish was taken, caught, or
	raised, but does not apply to:
	(1)  the transportation or possession of fish taken,
	caught, or raised outside this state and transported by common
	carrier without being unloaded from outside this state to a point of
	delivery outside this state;
	(2)  fish raised by being continuously fed a prepared
	feed and sold by an operator of a Texas commercial aquaculture
	facility, [licensed Texas fish farmer if marked and identified] as
	defined by Section 134.001 [required under Chapter 134],
	Agriculture Code; or
	(3)  the lawful importation by the holder of a Texas
	finfish import license into this state from another state or
	foreign country of farm-raised red drum, bass of the genus
	Micropterus, crappie, flathead catfish, striped bass, white bass,
	or a hybrid of any of those fish that have been continuously fed a
	prepared feed as a primary food source or lawfully taken, caught, or
	raised blue marlin, jewfish, longbill spearfish, muskellunge,
	northern pike, sailfish, sauger, snook, spotted sea trout, tarpon,
	walleye, white marlin, yellow bass, or a hybrid of any of those
	fish, if the fish are transported or sold when not alive and are
	tagged, invoiced, packaged, and labeled under regulations of the
	commission and if the license holder complies with any requirements
	the commission may establish by proclamation that the fish enter
	the stream of commerce for sale in this state in a condition
	allowing ready identification of the species, including a
	requirement that the fish come into the state with the head and tail
	intact and tagged and a requirement that an invoice accompany all
	imported fish regulated by this section through each sales
	transaction, including transactions at the place of the final sale
	to the consumer.
	SECTION 55.  Section 66.111(b), Parks and Wildlife Code, is
	amended to read as follows:
	(b)  Subsection (a) [of this section] does not apply to:
	(1)  a fish, other than a bass of the genus Micropterus,
	reared in private water by an operator of a commercial aquaculture
	facility, as defined by Section 134.001, Agriculture Code [under a
	fish farmer's license];
	(2)  a fish possessed legally outside this state and
	transported into this state;
	(3)  bass of the genus Micropterus reared in private
	water by an operator of a commercial aquaculture facility, as
	defined by Section 134.001, Agriculture Code, [under a fish
	farmer's license] and marketed for the purpose of stocking the
	water of this state;
	(4)  nongame fish regulated under Chapter 67 of this
	code; or
	(5)  channel catfish of more than 14 inches in length or
	blue catfish of more than 14 inches in length taken from the public
	fresh water of Angelina, Bowie, Camp, Cass, Chambers, Franklin,
	Freestone, Gregg, Hardin, Harris, Harrison, Jasper, Jefferson,
	Lamar, Leon, Liberty, Madison, Marion, Montgomery, Morris,
	Nacogdoches, Navarro, Newton, Orange, Panola, Polk, Red River,
	Sabine, San Augustine, San Jacinto, Shelby, Titus, Trinity, Tyler,
	Upshur, or Walker County, the public fresh water of the Neches or
	Trinity River in Houston County, the public fresh water of the
	Colorado River in Bastrop, Colorado, Fayette, Matagorda, or Wharton
	County, or the public fresh water of Falcon Lake in Starr or Zapata
	County.
	SECTION 56.  The following provisions are repealed:
	(1)  Section 12.0178, Agriculture Code;
	(2)  Sections 12.026(c) and (d), Agriculture Code;
	(3)  Sections 15.006, 45.009, and 46.010, Agriculture
	Code;
	(4)  Section 47.051(1), Agriculture Code;
	(5)  Sections 47.053, 49.006, and 50B.002, Agriculture
	Code;
	(6)  Sections 74.003(d), 74.0031(a), 74.120(d), and
	102.167(e), Agriculture Code;
	(7)  Section 134.003, Agriculture Code;
	(8)  Section 134.005(b), Agriculture Code;
	(9)  Sections 134.006, 134.011, 134.012, 134.014,
	134.015, and 134.019, Agriculture Code;
	(10)  Chapter 42, Agriculture Code;
	(11)  Subchapter P, Chapter 487, Government Code;
	(12)  Subchapter R, Chapter 487, Government Code; and
	(13)  Chapter 116, Health and Safety Code.
	SECTION 57.  (a) On the effective date of this Act, a
	license issued under former Section 134.011 or 134.012, Agriculture
	Code, expires.
	(b)  As soon as practicable after the effective date of this
	Act, the Department of Agriculture shall repeal all rules relating
	to a license issued under former Section 134.011 or 134.012,
	Agriculture Code.
	(c)  The repeal by this Act of Sections 134.011 and 134.012,
	Agriculture Code, does not affect the validity of a proceeding
	pending before a court or other governmental entity on the
	effective date of this Act.
	SECTION 58.  Not later than December 31, 2022, the Texas
	Department of Agriculture, in consultation with the standing Sunset
	Advisory Commission, shall study and report its findings on the
	purpose and objectives of the GO TEXAN program, and prepare a report
	with any findings and recommendations to improve efficiency,
	fairness, accountability, effectiveness, stakeholder engagement,
	and public information as outlined by the Sunset Staff Report with
	Commission Decisions, as reported to the 87th Legislature. This
	report shall make recommendations to the program's processes,
	eliminate inefficiencies, including any necessary statutory or
	legislative changes specific to the oversight and regulation of the
	GO TEXAN program. In conducting the study, the department, in
	partnership with the Sunset Commission, may consult with any
	interested organizations, associations, and stakeholders. The
	department shall submit the report to each standing Sunset
	Commission member, including the Sunset Advisory Commission,
	Speaker of the House, Lieutenant Governor, and the Office of the
	Governor.
	SECTION 59.  Not later than January 1, 2022, the
	commissioner of agriculture shall appoint the members of the citrus
	budwood advisory council under Section 19.005, Agriculture Code, as
	reenacted and amended by this Act. The advisory council is
	re-created on the date the commissioner of agriculture makes the
	appointments required by this section, notwithstanding any
	previous abolishment under Section 2110.008, Government Code.
	SECTION 60.  The changes in law made by this Act apply only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect when the offense was committed, and
	the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense occurred
	before that date.
	SECTION 61.  This Act takes effect September 1, 2021.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 703 passed the Senate on
	April 19, 2021, by the following vote: Yeas 31, Nays 0; and that
	the Senate concurred in House amendments on May 29, 2021, by the
	following vote: Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 703 passed the House, with
	amendments, on May 23, 2021, by the following vote: Yeas 144,
	Nays 1, one present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor