Bill Text: TX SB703 | 2021-2022 | 87th Legislature | Comm Sub


Bill Title: 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.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced) 2021-04-13 - Committee report printed and distributed [SB703 Detail]

Download: Texas-2021-SB703-Comm_Sub.html
 
 
  By: Buckingham, et al.  S.B. No. 703
         (In the Senate - Filed February 25, 2021; March 11, 2021,
  read first time and referred to Committee on Water, Agriculture &
  Rural Affairs; April 13, 2021, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 8, Nays 0;
  April 13, 2021, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 703 By:  Perry
 
 
A BILL TO BE ENTITLED
 
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.  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 9.  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 10.  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 11.  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 12.  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 13.  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 14.  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 15.  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 16.  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 17.  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 18.  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 19.  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 20.  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 21.  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 22.  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 23.  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 24.  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 25.  The heading to Section 134.002, Agriculture
  Code, is amended to read as follows:
         Sec. 134.002.  SUPPORT OF AQUACULTURE [PROGRAM].
         SECTION 26.  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 27.  The heading to Subchapter B, Chapter 134,
  Agriculture Code, is amended to read as follows:
  SUBCHAPTER B. AQUACULTURE REQUIREMENTS [LICENSE]
         SECTION 28.  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 29.  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 30.  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 31.  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 32.  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 33.  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 34.  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 35.  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 36.  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 37.  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 38.  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 39.  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 40.  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 41.  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 42.  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 43.  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 44.  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 45.  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 46.  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 47.  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 48.  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 49.  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 50.  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 51.  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 52.  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 53.  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 54.  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 55.  (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 56.  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 57.  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 58.  This Act takes effect September 1, 2021.
 
  * * * * *
feedback