This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  H.B. No. 1494
 
 
 
 
AN ACT
  relating to certain regulatory programs administered by the
  Department of Agriculture; providing penalties; imposing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  ADMINISTRATIVE PENALTIES
         SECTION 1.01.  Section 12.020, Agriculture Code, is amended
  by amending Subsections (g), (h), (i), (j), (k), and (o) and adding
  Subsection (j-1) to read as follows:
         (g)  Not later than the 20th day after the date on which
  notice is received, the person charged shall [may] accept the
  determination of the department made under Subsection (e) [of this
  section], including the recommended penalty, or make a written
  request for a hearing on the determination.
         (h)  If the person charged with the violation accepts the
  determination of the department or fails to timely respond to the
  notice, the commissioner shall issue an order approving the
  determination and ordering the payment of the recommended penalty.
         (i)  If the person charged requests a hearing [or fails to
  timely respond to the notice], the department shall set a hearing
  and give notice of the hearing. The hearing shall be conducted
  under Section 12.032. The administrative law judge shall make
  findings of fact and conclusions of law and promptly issue to the
  commissioner a proposal for decision as to the occurrence of the
  violation, including a recommendation as to the amount of the
  proposed penalty if a penalty is warranted. Based on the findings
  of fact, conclusions of law, and recommendations of the judge, the
  commissioner by order may find a violation has occurred and may
  assess a penalty or may find that no violation has occurred.
         (j)  The department shall give notice of the commissioner's
  order under Subsection (h) or (i) to the person charged. The notice
  shall include:
               (1)  the findings of fact and conclusions of law
  separately stated;
               (2)  the amount of the penalty ordered, if any;
               (3)  a statement of the right of the person charged to
  judicial review of the commissioner's order, if any; and
               (4)  other information required by law.
         (j-1)  Not later than the 30th day after the date notice is
  provided under Subsection (j), a person ordered to pay a penalty
  under Subsection (h) shall pay the penalty.
         (k)  Within the 30-day period immediately following the day
  on which the order under Subsection (i) becomes final under Section
  2001.144, Government Code, the person charged with the penalty
  shall:
               (1)  pay the penalty in full;
               (2)  pay the amount of the penalty and file a petition
  for judicial review contesting the occurrence of the violation, the
  amount of the penalty, or both the occurrence of the violation and
  the amount of the penalty; or
               (3)  without paying the amount of the penalty, file a
  petition for judicial review contesting the occurrence of the
  violation, the amount of the penalty, or both the occurrence of the
  violation and the amount of the penalty.
         (o)  Judicial review of the order of the commissioner under
  Subsection (i):
               (1)  is instituted by filing a petition as provided by
  Subchapter G, Chapter 2001, Government Code; and
               (2)  is under the substantial evidence rule.
         SECTION 1.02.  The changes in law made by this article to
  Section 12.020, Agriculture Code, apply only to a violation
  committed on or after the effective date of this Act. A violation
  committed before the effective date of this Act is governed by the
  law in effect on the date the violation was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, a violation was committed before the effective date
  of this Act if any element of the violation occurred before that
  date.
  ARTICLE 2. NOTICE REGARDING RENEWAL OF LICENSE OR REGISTRATION
         SECTION 2.01.  Section 12.024(f), Agriculture Code, is
  amended to read as follows:
         (f)  At least 30 days before the expiration of a person's
  license or registration, the department shall attempt to send
  [written] notice of the impending license or registration
  expiration to the person at the license holder's or registrant's
  last known e-mail or physical address according to the records of
  the department.
  ARTICLE 3. REGULATION OF WEIGHTS AND MEASURES
         SECTION 3.01.  Section 13.001(a), Agriculture Code, is
  amended to read as follows:
         (a)  In this chapter:
               (1)  "Commercial weighing or measuring device" means a
  weighing or measuring device used in a commercial transaction
  ["Weight or measure of a commodity" means the weight or measure of a
  commodity as determined by a weighing or measuring device].
               (2)  "Operator" or "user" means a person in possession
  or control of a weighing or measuring device.
               (3)  "Sell" includes barter or exchange.
               (4) [(3)]  "Weighing or measuring device" means[:
                     [(A)]  a scale[;] or
                     [(B)]  a mechanical or electronic device used to
  dispense or deliver a commodity by weight, volume, flow rate, or
  other measure or to compute the charge for a service.
               (5)  "Weight or measure of a commodity" means the
  weight or measure of a commodity as determined by a weighing or
  measuring device.
         SECTION 3.02.  Section 13.007, Agriculture Code, is amended
  by amending Subsection (a) and adding Subsection (e) to read as
  follows:
         (a)  A person who violates Subchapter B or C [this chapter]
  or a rule adopted under Subchapter B or C [this chapter] is liable
  to the state for a civil penalty not to exceed $500 for each
  violation. Each day a violation continues may be considered a
  separate violation for purposes of a civil penalty assessment.
         (e)  The department and the attorney general may each recover
  reasonable expenses incurred in obtaining injunctive relief and
  civil penalties under this section, including investigative costs,
  court costs, reasonable attorney's fees, witness fees, and
  deposition expenses. The expenses recovered by the department may
  be appropriated only to the department for the administration and
  enforcement of this chapter. The expenses recovered by the
  attorney general may be appropriated only to the attorney general.
         SECTION 3.03.  Section 13.021(b), Agriculture Code, is
  amended to read as follows:
         (b)  The department may adopt rules for the purpose of
  administering this subchapter and bringing about uniformity
  between the standards established under this subchapter and the
  standards established by federal law. [A person who violates a rule
  adopted under this subsection commits an offense.]
         SECTION 3.04.  Section 13.024, Agriculture Code, is amended
  by amending Subsection (b) and adding Subsection (d) to read as
  follows:
         (b)  [The barrel consists of 31-1/2 gallons. A hogshead
  consists of two barrels.] Except as provided by Subsections 
  [Subsection] (c) and (d), [of this section] all other measures of
  capacity for liquids are derived from the gallon by continual
  division by two, making half gallons, quarts, pints, half pints,
  and gills.
         (d)  For purposes of the retail sale of motor fuel only, the
  liquid gallon contains 231 cubic inches without adjustment based on
  the temperature of the liquid.
         SECTION 3.05.  Section 13.027(b), Agriculture Code, is
  amended to read as follows:
         (b)  A person violates this chapter [commits an offense] if
  the person fails or refuses to comply with the rules adopted under
  this section.
         SECTION 3.06.  Section 13.031(f), Agriculture Code, is
  amended to read as follows:
         (f)  A person violates this chapter [commits an offense] if,
  in violation of this section, the person sells a liquid commodity by
  other than liquid measure or a commodity that is not liquid by a
  measure other than length, weight, or numerical count.
         SECTION 3.07.  Section 13.033, Agriculture Code, is amended
  to read as follows:
         Sec. 13.033.  SALE OF MILK OR CREAM IN NONSTANDARD
  CONTAINER. A person violates this chapter [commits an offense] if
  the person sells or keeps, offers, or exposes for sale milk or cream
  in bottles or other containers of a capacity other than one of the
  standard liquid measures provided for by Section 13.024 [of this
  code].
         SECTION 3.08.  Section 13.034(d), Agriculture Code, is
  amended to read as follows:
         (d)  A person violates this chapter [commits an offense] if,
  in violation of this section, the person sells or keeps, offers, or
  exposes for sale cheese, meat, or a meat food product by a measure
  other than standard net weight.
         SECTION 3.09.  Section 13.035(b), Agriculture Code, is
  amended to read as follows:
         (b)  A person violates this chapter [commits an offense] if
  the person:
               (1)  misrepresents the price of a commodity, item, or
  service sold or offered or exposed for sale; or
               (2)  represents the price or the quantity of a
  commodity, item, or service sold or offered or exposed for sale in a
  manner intended or tending to mislead or deceive an actual or
  prospective customer.
         SECTION 3.10.  Section 13.036, Agriculture Code, is amended
  to read as follows:
         Sec. 13.036.  FALSE REPRESENTATION OF COMMODITY QUANTITY. A
  person violates this chapter [commits an offense] if the person or
  the person's servant or agent:
               (1)  sells or offers or exposes for sale a quantity of a
  commodity or service that is less than the quantity the person
  represents; or
               (2)  as a buyer furnishing the weight or measure of a
  commodity or service by which the amount of the commodity or service
  is determined, takes or attempts to take more than the quantity the
  person represents.
         SECTION 3.11.  Section 13.037(a), Agriculture Code, is
  amended to read as follows:
         (a)  A person commits an offense if the person or the
  person's servant or agent knowingly uses an incorrect weighing or
  measuring device in:
               (1)  buying or selling a commodity;
               (2)  computing a charge for services rendered on the
  basis of weight or measure; or
               (3)  determining the weight or measure of a commodity,
  if a charge is made for the determination.
         SECTION 3.12.  Section 13.038, Agriculture Code, is amended
  to read as follows:
         Sec. 13.038.  SALE OF COMMODITY IN VIOLATION OF SUBCHAPTER.
  A person violates this chapter [commits an offense] if the person or
  the person's servant or agent sells or keeps, offers, or exposes for
  sale a commodity in violation of this subchapter.
         SECTION 3.13.  Section 13.040, Agriculture Code, is amended
  to read as follows:
         Sec. 13.040.  STOP-SALE ORDER. (a) If the department has
  reason to believe that a commodity is being sold or kept, offered,
  or exposed for sale in violation of [Section 13.030, 13.031,
  13.032, 13.033, 13.034, 13.035, 13.036, or 13.037 of] this chapter
  or that a commodity or service is being sold or offered for sale by
  or through the use of a weighing or measuring device that is in
  violation of this chapter [code], the department may issue and
  enforce a written or printed order to stop the sale of the commodity
  or service. The department shall present the order to the owner or
  custodian of the commodity or seller of the service. The person
  receiving the order may not sell the commodity or provide the
  service until discharged by a court under Subsection (b) [of this
  section] or until the commissioner finds that the commodity or
  weighing or measuring device is in compliance with this chapter
  [the applicable section].
         (b)  The owner or custodian of a commodity or a person
  selling or offering for sale a service prohibited from sale by an
  order of the department is entitled to sue in a court of competent
  jurisdiction where the commodity is found or the service is being
  sold or offered for sale for a judgment as to the justification of
  the order and for the discharge of the commodity or service in
  accordance with the findings of the court.
         (c)  This section does not limit the right of the department
  to proceed as authorized by other sections of this code
  [subchapter].
         SECTION 3.14.  Section 13.041, Agriculture Code, is amended
  to read as follows:
         Sec. 13.041.  PENALTIES; DEFENSE. (a) An offense under
  Section [13.021, 13.027, 13.029, or each of Sections] 13.030,
  13.032, 13.037, or [through] 13.039 [of this code] is a Class C
  misdemeanor.
         (b)  It is a defense to prosecution or to the imposition of a
  civil or administrative penalty for a violation of [under] Sections
  13.030-13.038 [of this code] that a discrepancy between the actual
  weight or volume at the time of sale to a consumer and the weight
  marked on the container or a discrepancy between the fill of a
  container and the capacity of the container is due to unavoidable
  leakage, shrinkage, evaporation, waste, or causes beyond the
  control of the seller acting in good faith.
         SECTION 3.15.  Subchapter C, Chapter 13, Agriculture Code,
  is amended by adding Section 13.1001 to read as follows:
         Sec. 13.1001.  AUTHORITY TO INSPECT. (a)  If the department
  has reason to believe that a weighing or measuring device is being
  used for a commercial transaction and the device is not registered
  with the department, the department may inspect the device and the
  records of the owner, operator, or user of the device that relate to
  use of the device to determine whether the device is in compliance
  with this chapter.
         (b)  The department has reason to believe a weighing or
  measuring device is being used for a commercial transaction if:
               (1)  the weighing or measuring device is found in close
  proximity to commodities being sold or offered for sale by weight or
  measure and the device appears to be under the control or in the
  possession of the person selling the commodities or offering the
  commodities for sale; or
               (2)  other available evidence is sufficient for a
  prudent person to believe that the weighing or measuring device is
  being used for a commercial transaction.
         SECTION 3.16.  Section 13.101, Agriculture Code, is amended
  to read as follows:
         Sec. 13.101.  [REQUIRED] INSPECTION OF DEVICES. (a) Unless
  a commercial weighing or measuring device is exempt from the
  application of this section by department rule, a commercial
  weighing or measuring device shall be inspected and tested for
  correctness by the department at [At] least once every four years,
  or more often as required by the department, [a weighing or
  measuring device shall be inspected and tested for correctness by
  the department] if it:
               (1)  is kept for sale, sold, or used by a proprietor,
  agent, lessee, or employee in proving the weight or measure,
  including the size, quantity, extent, or area, of any item; or
               (2)  is purchased, offered, or submitted by a
  proprietor, agent, lessee, or employee for sale, hire, or award.
         (b)  The department may [shall], to the extent necessary to
  ensure compliance with the official standards, implement
  risk-based inspections, respond to complaints, and, as a term of
  probation, require or perform additional inspection and testing of
  commercial weighing or measuring devices.
         (c)  A person who uses or keeps for use, or has or offers for
  sale, a commercial weighing or measuring device is responsible for
  having the device inspected and tested as required by this section,
  department rule, or department order imposing a term of probation.
         (d)  [Unless the department requires an additional
  inspection, a weighing or measuring device that is inspected and
  found correct by the department may be kept for use, used, kept or
  offered for sale, or sold without further testing.
         [(e)]  The department may inspect and test a commercial
  weighing or measuring device less frequently than required by
  Subsection (a):
               (1)  to accommodate complaint-based and risk-based
  inspection schedules; or
               (2)  in response to an emergency or a limitation in
  department funding.
         SECTION 3.17.  Section 13.1011, Agriculture Code, is amended
  to read as follows:
         Sec. 13.1011.  REQUIRED REGISTRATION. (a) Unless a
  commercial weighing or measuring device is exempt from the
  application of this section by department rule, a [A] person who
  owns or operates a commercial weighing or measuring device [for a
  commercial transaction] shall register the device [annually] with
  the department before using the device for a commercial
  transaction.
         (b)  An application for a device registration must:
               (1)  be submitted to the department on a form
  prescribed by the department;
               (2)  be accompanied by any other document or form
  required by the department; and
               (3)  include the registration fee required under
  Section 13.1151.  [The department shall establish a system of
  annual registration and may provide for staggered year-round
  registration.]
         (c)  A registration under this section is valid for one year
  unless a different period is established by department rule. The
  registration must be renewed at or before the end of each
  registration period and the application for renewal must include
  the renewal fee required by department rule.
         (d)  If a person fails to register or renew a registration as
  required by this section and pay the fee required under Section
  13.1151, the department may assess a late fee against the person,
  prohibit the operation of the weighing or measuring device, or both
  assess the fee and prohibit the operation of the device.
         [(d)     The department shall adopt rules for the
  administration of this section and Section 13.1151 of this code.]
         SECTION 3.18.  Section 13.111, Agriculture Code, is amended
  to read as follows:
         Sec. 13.111.  REPAIR OR DESTRUCTION OF INCORRECT COMMERCIAL
  WEIGHING OR MEASURING DEVICES. (a) If, in the judgment of the
  department, a commercial weighing or measuring device found to be
  incorrect is not capable of being repaired, the department may
  condemn, seize, and destroy the device.
         (b)  If, in the judgment of the department, an incorrect
  commercial weighing or measuring device is capable of being
  repaired, the department shall place on the device a tag or other
  mark with the words "Out of Order."  The owner or user of the
  commercial weighing or measuring device may [have it repaired
  within 30 days, but may] not use [or dispose of] it until it is
  reinspected and released for use by the department or inspected and
  released for use in any other manner authorized by department rule.
         (c)  The owner, operator, or user of a commercial weighing or
  measuring device may not destroy, replace, or otherwise dispose of
  a device declared to be incorrect or condemned under this section
  except as provided by department rule.
         SECTION 3.19.  Section 13.113, Agriculture Code, is amended
  by amending Subsections (a), (d), and (e) and adding Subsections
  (f), (g), and (h) to read as follows:
         (a)  The standards of weights and measures maintained by the
  department [received from the United States] and certified by the
  National Institute of Standards and Technology or a metrology
  laboratory certified by the National Institute of Standards and
  Technology are the state's standards by which all state and local
  standards of weights and measures are tried, authenticated, proved,
  and certified.
         (d)  At the request of a city, the department shall furnish
  the city with copies of the state's standards or test and approve
  other standards acquired by the city.  The city shall reimburse the
  state for the actual cost of the standards furnished, plus the costs
  of freight and certification.  All standards furnished to or tested
  for a city shall be true and correct and[,] certified by the
  department[, and stamped with the letter "C"].  The copies used by a
  city may be of any suitable material or construction that the city
  requests, subject to approval by the department.
         (e)  The department, or a metrology laboratory certified by
  the National Institute of Standards and Technology and approved by
  the department, shall inspect and correct the standards used by a
  department inspector, other department employee, or individual or
  business licensed by the department to perform device maintenance
  activities under Subchapter I [private maintenance, repairs, or
  calibration of weighing or measuring devices at least once every
  year].
         (f)  The department may adopt rules to regulate the frequency
  and place of inspection and correction of the standards used by an
  individual or business licensed by the department to perform device
  maintenance activities under Subchapter I.
         (g)  The department may inspect any standard used by an
  individual or business licensed by the department to perform device
  maintenance activities described by Subchapter I if the department
  has reason to believe a standard is no longer in compliance with
  this chapter.
         (h)  The department shall keep a record of the inspection and
  character of standards [weights and measures] inspected under this
  section [subsection].
         SECTION 3.20.  Section 13.114, Agriculture Code, is amended
  to read as follows:
         Sec. 13.114.  TOLERANCES. [(a)] The department shall
  establish specifications and tolerances [and specifications] for
  commercial weighing or measuring devices used in this state.  The
  specifications and tolerances [and specifications] shall be
  similar to those recommended by the National Institute of Standards
  and Technology.
         [(b)     A person commits an offense if the person fails or
  refuses to comply with the tolerances and specifications
  established under this section.]
         SECTION 3.21.  Section 13.115(a), Agriculture Code, is
  amended to read as follows:
         (a)  The department may [shall] collect a fee [in accordance
  with this section] for each test of a weighing or measuring device
  required by this subchapter or performed on request of the owner.
         SECTION 3.22.  Section 13.117, Agriculture Code, is amended
  to read as follows:
         Sec. 13.117.  REFUSING TO ALLOW TEST OF WEIGHING OR
  MEASURING DEVICE. A person commits an offense if the person
  [neglects or] refuses to allow a weighing or measuring device under
  the person's control or in the person's possession to be inspected,
  tested, or examined by the department, and the inspection, test, or
  examination is required or authorized by this chapter.
         SECTION 3.23.  Section 13.119, Agriculture Code, is amended
  to read as follows:
         Sec. 13.119.  REMOVAL OF REGISTRATION TAG. A person commits
  an offense if the person removes or obliterates a tag or device
  placed or required by the department to be placed on a weighing or
  measuring device under this chapter.
         SECTION 3.24.  Section 13.120(b), Agriculture Code, is
  amended to read as follows:
         (b)  A person commits an offense if the person or the
  person's servant or agent knowingly:
               (1)  offers or exposes for sale, hire, or award or sells
  an incorrect weighing or measuring device;
               (2)  possesses an incorrect weighing or measuring
  device; or
               (3)  sells, offers for sale, uses, or possesses for the
  purpose of sale or use a device or instrument to be used to falsify
  or intended to falsify a weight or measure.
         SECTION 3.25.  Section 13.122, Agriculture Code, is amended
  to read as follows:
         Sec. 13.122.  PENALTIES. An offense under [Section 13.114
  or] each of Sections 13.117 [13.116] through 13.121 is a Class C
  misdemeanor.
         SECTION 3.26.  Chapter 13, Agriculture Code, is amended by
  adding Subchapter I to read as follows:
  SUBCHAPTER I.  LICENSING OF SERVICE TECHNICIANS AND SERVICE
  COMPANIES
         Sec. 13.451.  DEFINITIONS. In this subchapter:
               (1)  "License holder" means a person who holds a
  service company license or a service technician license.
               (2)  "Service company" means a person who holds a
  service company license issued by the department under this
  subchapter.
               (3)  "Service technician" means an individual who holds
  a service technician license issued by the department under this
  subchapter.
         Sec. 13.452.  DEVICE MAINTENANCE ACTIVITIES. A person
  performs device maintenance activities if the person or the
  person's employee:
               (1)  places a commercial weighing or measuring device
  in service;
               (2)  installs, calibrates, or repairs a commercial
  weighing or measuring device; or
               (3)  removes an out-of-order tag, stop-sale order,
  security seal, lock, condemnation notice, or other form of use
  prohibition placed on a weighing or measuring device by the
  department.
         Sec. 13.453.  POWERS AND DUTIES OF DEPARTMENT. (a) To
  verify compliance with licensing requirements, trade practices,
  department rules, and this chapter, the department may periodically
  or in response to a complaint or previous violation inspect an
  applicant's or license holder's:
               (1)  facilities;
               (2)  inspecting and testing equipment and procedures;
               (3)  repair and calibration equipment, standards, and
  procedures;
               (4)  transportation equipment; and
               (5)  invoices, work orders, and other records related
  to device maintenance activities.
         (b)  The department may periodically or in response to a
  complaint or previous violation monitor and inspect or test
  weighing or measuring devices that have been inspected and tested
  by a license holder and any standards used by the license holder
  during an inspection or test.
         (c)  The department by rule may adopt additional
  requirements for the issuance of a license and for the denial of an
  application for a license or renewal of a license. Rules adopted by
  the department under this subsection must be designed to protect
  the public health, safety, and welfare and the proper inspection,
  testing, and operation of commercial weighing or measuring devices.
         (d)  The department may adopt other rules necessary for the
  regulation of device maintenance activities, for the proper
  operation of commercial weighing or measuring devices, and to
  protect the health, safety, and welfare of the public and license
  holders.
         (e)  The department may specify the date, time, and place for
  any inspection authorized by this section.
         Sec. 13.454.  EXEMPTIONS FROM LICENSE REQUIREMENTS. (a)  A
  person is not required to hold a license issued under this
  subchapter if the person:
               (1)  is a department employee who is performing device
  maintenance activities in the scope of the person's duties for the
  department;
               (2)  is the owner or operator of a commercial weighing
  or measuring device or an employee of the owner or operator of a
  commercial weighing or measuring device and the person:
                     (A)  completely removes the commercial weighing
  or measuring device from the location at which the device was
  installed, including a device subject to an out-of-order tag,
  stop-sale order, security seal, lock, condemnation notice, or other
  item placed on the device by the department to prohibit use of the
  device; and
                     (B)  notifies the department of the device's
  removal not later than the 10th day after the date the device was
  removed in the manner provided by department rule; or
               (3)  performs device maintenance activities only on a
  device that is:
                     (A)  exempt from the registration requirements of
  Section 13.1011 under department rules;
                     (B)  exempt from the inspection requirements of
  Section 13.101 under department rules; and
                     (C)  not required to be inspected by other
  department rules.
         (b)  The department is not required to hold a license issued
  under this subchapter.
         Sec. 13.455.  SERVICE TECHNICIAN LICENSE REQUIRED. Unless
  the individual is exempt from the licensing requirement, an
  individual may not perform or offer to perform device maintenance
  activities unless the individual holds a service technician license
  issued by the department under this subchapter.
         Sec. 13.456.  SERVICE COMPANY LICENSE REQUIRED. (a)  Unless
  the person is exempt from the license requirement, a person may not
  employ an individual who performs or offers to perform device
  maintenance activities unless the person holds a service company
  license issued by the department under this subchapter.
         (b)  Unless the individual is exempt from the licensing
  requirement, an individual may not perform or offer to perform
  device maintenance activities as a sole proprietor unless the
  individual holds a service technician license and a service company
  license issued by the department under this subchapter.
         Sec. 13.457.  APPLICATION FOR LICENSE. An applicant for a
  license under this subchapter must submit to the department:
               (1)  an application form prescribed by the department;
               (2)  any other documents required by the department;
  and
               (3)  a fee in an amount set by the department.
         Sec. 13.458.  SERVICE TECHNICIAN LICENSE REQUIREMENTS. (a)  
  The department shall issue a license to each qualified applicant
  who applies for a service technician license.
         (b)  The department by rule may require an applicant for the
  issuance or renewal of a service technician license to meet one or
  more of the following requirements:
               (1)  provide to the department proof that the applicant
  has completed an academic, trade, or professional course of
  instruction approved by the department;
               (2)  pass a written test; or
               (3)  pass a practical skills test.
         Sec. 13.459.  SERVICE COMPANY LICENSE REQUIREMENTS. (a) The
  department shall issue a license to each qualified applicant who
  applies for a service company license.
         (b)  An applicant for the issuance or renewal of a license
  under this section must:
               (1)  submit to the department a certificate of
  insurance evidencing that the applicant has an insurance policy
  that meets the requirements of Section 13.460 effective for the
  period for which the license is to be issued or renewed; and
               (2)  meet any other requirements provided by department
  rule.
         Sec. 13.460.  INSURANCE POLICY REQUIRED FOR SERVICE COMPANY.
  A service company shall maintain at all times while the service
  company performs device maintenance activities a current effective
  operations liability insurance policy issued by an insurance
  company authorized to do business in this state or by a surplus
  lines insurer that meets the requirements of Chapter 981, Insurance
  Code, and rules adopted by the commissioner of insurance in an
  amount set by the department and based on the type of licensed
  activities to be performed.
         Sec. 13.461.  TERM OF LICENSE. A license issued under this
  subchapter is valid for one year unless a different term is
  established by department rule.
         Sec. 13.462.  LICENSE RENEWAL. A person licensed under this
  subchapter must periodically renew the person's license.  The
  license expires unless the license holder submits an application
  for renewal accompanied by the renewal fee set by the department or
  by the late fee set by the department and meets the requirements for
  renewal.
         Sec. 13.463.  PRACTICE BY LICENSE HOLDER. (a)  A license
  holder shall perform device maintenance activities in compliance
  with department rules.
         (b)  A license holder may use only equipment approved by the
  department, as provided by department rules, when performing device
  maintenance activities.
         Sec. 13.464.  CRIMINAL PENALTY. (a) A person commits an
  offense if the person violates Section 13.455 or 13.456 or causes
  another person to violate Section 13.455 or 13.456.
         (b)  An offense under Subsection (a) is a Class B
  misdemeanor, unless the person has been previously convicted of an
  offense under this section, in which case the offense is a Class A
  misdemeanor.
         SECTION 3.27.  The following provisions of the Agriculture
  Code are repealed:
               (1)  Section 13.1012; and
               (2)  Section 13.115(g).
         SECTION 3.28.  (a) The following provisions of the
  Agriculture Code are repealed:
               (1)  Subchapter F, Chapter 13;
               (2)  Subchapter G, Chapter 13; and
               (3)  Subchapter H, Chapter 13.
         (b)  This section takes effect March 1, 2014.
         SECTION 3.29.  The changes in law made by this article to
  Sections 13.007, 13.021, 13.027, 13.031, 13.033, 13.034, 13.035,
  13.036, 13.037, 13.038, 13.041, 13.114, 13.117, 13.119, 13.120,
  13.122, 13.308, 13.358, and 13.407, Agriculture Code, apply only to
  an offense or violation committed on or after the effective date of
  the relevant change in law. An offense or violation committed
  before the effective date of the change in law is governed by the
  law in effect on the date the offense or violation was committed,
  and the former law is continued in effect for that purpose.  For
  purposes of this section, an offense or violation was committed
  before the effective date of the change in law if any element of the
  offense or violation occurred before that date.
         SECTION 3.30.  Not later than December 1, 2013, the
  Department of Agriculture shall adopt rules necessary to implement
  Subchapter I, Chapter 13, Agriculture Code, as added by this
  article.
         SECTION 3.31.  Not later than January 1, 2014, the
  Department of Agriculture shall begin accepting applications for
  and issuing service technician licenses and service company
  licenses under Sections 13.458 and 13.459, Agriculture Code, as
  added by this article.
         SECTION 3.32.  Sections 13.455, 13.456, and 13.464,
  Agriculture Code, as added by this article, take effect March 1,
  2014.
  ARTICLE 4.  NOTICE OF COMMODITY PRODUCERS BOARD ELECTIONS
         SECTION 4.01.  Section 41.023(b), Agriculture Code, is
  amended to read as follows:
         (b)  The commissioner by rule shall prescribe the manner for
  providing public notice under Subsection (a) [of this section shall
  be published in one or more newspapers published and distributed
  within the boundaries described in the petition. The notice shall
  be published for not less than once a week for three consecutive
  weeks, beginning at least 60 days before the date of the election.
  In addition, at least 60 days before the date of the election the
  certified organization shall give direct written notice to each
  county agent in any county within the boundaries described in the
  petition].
         SECTION 4.02.  The change in law made by this article to
  Section 41.023(b), Agriculture Code, applies only to an election
  ordered on or after the effective date of this Act. An election
  ordered before the effective date of this Act is governed by the law
  in effect when the election was ordered, and the former law is
  continued in effect for that purpose.
  ARTICLE 5.  REGULATION OF CITRUS PEST AND DISEASE MANAGEMENT
         SECTION 5.01.  Section 80.003(6), Agriculture Code, is
  amended to read as follows:
               (6)  "Citrus producer" means a person who grows citrus
  and receives or intends to receive income from the sale of citrus.  
  The term includes an individual who as owner, landlord, tenant, or
  sharecropper is entitled to share in the citrus grown and available
  for marketing from a farm or to share in the proceeds from the sale
  of the citrus from the farm. The term includes a person who owns
  land that is primarily used to grow citrus and that is appraised
  based on agricultural use under Chapter 23, Tax Code, regardless of
  whether the person receives income from the sale of citrus, and
  there is an irrebuttable presumption that the person intends to
  receive income from the sale of citrus.
         SECTION 5.02.  Section 80.015(b), Agriculture Code, is
  amended to read as follows:
         (b)  The commissioner shall propose in a referendum the:
               (1)  maximum assessment to be paid by citrus producers
  [having production] in the pest management zone; and
               (2)  time for which the assessment will be made.
         SECTION 5.03.  Section 80.016(d), Agriculture Code, is
  amended to read as follows:
         (d)  A citrus producer [having citrus production] in a
  proposed or established pest management zone is entitled to:
               (1)  vote in a referendum concerning the pest
  management zone; and
               (2)  elect board members to represent the pest
  management zone.
         SECTION 5.04.  The changes in law made by this article to
  Sections 80.015(b) and 80.016(d), Agriculture Code, apply only to
  an election ordered on or after the effective date of this Act.  An
  election ordered before the effective date of this Act is governed
  by the law in effect when the election was ordered, and the former
  law is continued in effect for that purpose.
  ARTICLE 6.  DISPOSITION OF LIVESTOCK EXPORT FACILITIES
         SECTION 6.01.  Section 2166.003, Government Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  This chapter and Chapter 2175 do not apply to the
  disposition, sale, or transfer of a pen, shed, or ancillary
  building constructed by and for the Department of Agriculture for
  the processing of livestock before export.
  ARTICLE 7.  EFFECTIVE DATE
         SECTION 7
  .01.  Except as otherwise provided by this Act,
  this Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1494 was passed by the House on April
  26, 2013, by the following vote:  Yeas 130, Nays 10, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1494 on May 21, 2013, by the following vote:  Yeas 120, Nays 27,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1494 was passed by the Senate, with
  amendments, on May 17, 2013, by the following vote:  Yeas 28, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor