H.B. No. 3227

	AN ACT
	relating to the administration and enforcement of produce safety
	standards by the Department of Agriculture; authorizing an
	administrative penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 12.020(c), Agriculture Code, is amended
	to read as follows:
	(c)  The provisions of law subject to this section and the
	applicable penalty amounts are as follows:
	Provision Amount of Penalty
	Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
	Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
	Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
	and 134 not more than $5,000
	Subchapters A, B, and C, Chapter 71 not more than $5,000
	Chapter 14 not more than $10,000
	Chapter 1951, Occupations Code not more than $5,000
	Chapter 153, Natural Resources
	Code not more than $5,000
	Section 91.009 not more than $5,000.
	SECTION 2.  Section 91.009, Agriculture Code, is amended to
	read as follows:
	Sec. 91.009.  COORDINATION OF PRODUCE [FOOD] SAFETY. (a)
	The department is the lead agency for the administration,
	implementation, and enforcement of, and education and training
	relating to, the United States Food and Drug Administration
	Standards for the Growing, Harvesting, Packing, and Holding of
	Produce for Human Consumption (21 C.F.R. Part 112) or any successor
	federal produce safety rule or standard.
	(a-1)  The department [and] shall assist the fresh fruit and
	vegetable industries with produce [food] safety issues and may
	provide assistance to federal agencies in their implementation of
	[voluntary] guidelines relating to sound agricultural practices.
	(b)  The department shall coordinate and[,] plan[, and
	approve] training and awareness programs for producers and packers
	of fresh fruits and vegetables. A program under this subsection
	must inform and educate producers and packers regarding:
	(1)  sound agricultural practices;
	(2)  proper produce [food] handling procedures;
	(3)  the prevention of accidental or deliberately
	planned outbreaks of disease; and
	(4)  the enhancement of overall produce [food] safety.
	(c)  The department shall coordinate the planning and
	implementation of programs required by Subsection (b) with:
	(1)  colleges and universities in this state;
	(2)  the Texas A&M AgriLife Extension Service;
	(3)  Texas A&M AgriLife Research;
	(4)  the Department of State Health Services; [and]
	(5)  private industry; and
	(6)  nongovernmental organizations.
	(c-1)  The department may enter into a cooperative
	agreement, interagency agreement, grant agreement, or memorandum
	of understanding with a federal or state agency for the
	administration, implementation, or enforcement of this section.
	(d)  The department may adopt rules to administer,
	implement, and enforce this section. In the development of rules
	under this section [for the certification of approved food safety
	curriculum or training], the department may consider relevant
	state, federal, or national standards and may [shall] consult [and
	coordinate] with federal or state agencies [the Department of State
	Health Services].
	SECTION 3.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2017.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 3227 was passed by the House on May 6,
	2017, by the following vote:  Yeas 118, Nays 26, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 3227 was passed by the Senate on May
	19, 2017, by the following vote:  Yeas 26, Nays 5.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor