reglab/housing_qa huggingface dataset:
TX Agric Code § 62.005 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 62 - Seed and Plant Certification|Section 62.005. Licensing of Producers of Foundation, Registered, or Certified Seed

Sec. 62.005.  LICENSING OF PRODUCERS OF FOUNDATION, REGISTERED, OR CERTIFIED SEED.(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)   his or her facilities meet board requirements for producing and maintaining seed or plants for the certification generations desired; and(2)  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.(b)  The board may adopt rules governing the production and handling by licensed producers of certified classes of seed and plants to ensure the maintenance of genetic purity and identity.(c)  A license to produce Foundation, Registered, or Certified seed or plants is not transferable and is permanent unless revoked as provided in this chapter.  A person licensed as a producer of Foundation, Registered, or Certified seed or plants is eligible to produce certified seed or plants, as provided in the license, of the class for which he or she is licensed or of any lower class of certified seed or plants, as determined by the board.(d)  An application for licensing as a Foundation, Registered, or Certified producer of seed or plants must be accompanied by a fee, as provided by department rule.|Acts 1981, 67th Leg., p. 1135, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 40, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 419, Sec. 2.23, eff. Sept. 1, 1995.Amended by: Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 18, eff. September 1, 2021.|
TX Agric Code § 62.006 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 62 - Seed and Plant Certification|Section 62.006. Registration of Plant Breeders

Sec. 62.006.  REGISTRATION OF PLANT BREEDERS.  (a)  A person engaging in the development, maintenance, or production of seed or plants for which standards of genetic purity and identity have been established by the board may apply to the board for registration as a plant breeder.  The applicant shall apply on forms prescribed by the board and shall include with the application a registration fee, as determined by the board.  To be registered as a plant breeder, a person must satisfy the board that the person is skilled in the science of plant breeding.  The board may require skill to be shown by evidence of accomplishments in the field and may require an oral or written examination in the subject.(b)  A certificate of registration is not transferable and is permanent unless revoked as provided in this chapter.|Acts 1981, 67th Leg., p. 1135, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 2.24, eff. Sept. 1, 1995.|
TX Agric Code § 62.0065 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 62 - Seed and Plant Certification|Section 62.0065. Notice and Analysis of Examination Results

Sec. 62.0065.  NOTICE AND ANALYSIS OF EXAMINATION RESULTS.  (a)  Not later than the 30th day after the date on which a licensing or registration examination is administered under this chapter, the board shall notify each examinee of the results of the examination.  However, if an examination is graded or reviewed by a national testing service, the board shall notify examinees of the results of the examination not later than the 14th day after the date on which the board receives the results from the testing service.  If the notice of examination results graded or reviewed by a national testing service will be delayed for longer than 90 days after the examination date, the board shall notify the examinee of the reason for the delay before the 90th day.  The board may require a testing service to notify examinees of the results of an examination.(b)  If requested in writing by a person who fails a licensing or registration examination administered under this chapter, the board shall furnish the person with an analysis of the person's performance on the examination.|Added by Acts 1989, 71st Leg., ch. 230, Sec. 41, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 1.19, eff. Sept. 1, 1995.|
TX Agric Code § 62.008 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 62 - Seed and Plant Certification|Section 62.008. Certification of Seed and Plants

Sec. 62.008.  CERTIFICATION OF SEED AND PLANTS.  (a)  The department is the certifying agency in Texas for the certification of seed and plants.  The department shall employ a sufficient number of inspectors to carry out the inspection provisions of this chapter.  Inspectors must meet qualifications set by the board.(b)  A person who is licensed as a Foundation, Registered, or Certified seed or plant producer or who is registered as a plant breeder is eligible to have seed or plants of an eligible class and variety certified by the department.  On request by a licensed producer or a registered plant breeder to have seed or plants certified, the department shall inspect the producer's or registrant's fields, facilities, and seed or plants.  Inspection may include tests approved by the board and carried out by inspectors under the authority of the department.(c)  After inspection, if the department determines that the production of seed or plants has met the standards and rules prescribed by the board, it shall cause to be attached to each container of the product a label identifying the seed or plant and the certified class and including other information required by statute or by rule of the board.  The department shall prescribe the format of the label.(d)  The department shall fix and collect a fee for the issuance of a certification label in an amount necessary to cover the costs of inspection and labels.|Acts 1981, 67th Leg., p. 1137, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 2001, 77th Leg., ch. 52, Sec. 9, eff. May 7, 2001.|
TX Agric Code § 62.009 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 62 - Seed and Plant Certification|Section 62.009. Seed and Plants From Outside the State

Sec. 62.009.  SEED AND PLANTS FROM OUTSIDE THE STATE.  (a)  The department may adopt rules, including testing requirements and standards, which must be met before seed or plants represented to be of a certified class may be shipped into the state for distribution in the state.  The rules adopted shall be designed to ensure buyers in the state of having available certified seed and plants of known origin, genetic purity, and identity and shall correspond to appropriate rules used in certifying seed and plants produced in Texas.(b)  The department may require inspections of seed and plants represented to be of a certified class and shipped into the state for distribution in the state and may collect fees to cover costs of inspection, as determined by the department.  The department may require inspection fee payment before distribution in the state.(c)  A person may not distribute in this state seed or plants represented to be of a certified class and shipped into the state for distribution in the state, unless the person has first complied with any rules, including testing requirements, adopted by the department for seed or plants shipped into the state.(d)  A person may not sell or offer for sale in this state seed or plants represented to be of a certified class and shipped into the state for distribution in the state, unless the seed or plants have been certified by an official certifying agency in the state, province, or country of origin or have been certified by the department.(e)  Seed or plants shipped into the state for distribution in the state which are represented to be of a certified class and which are found by the department after investigation to violate the requirements of this section are restricted from distribution.  In addition, the department may order the seed or plants in violation confiscated and retained under general supervision of the department.  An owner or consignee of restricted or confiscated seed or plants may appeal the order by filing an appeal within 10 days of the order.  Appeal is in the county court of the county where the seed or plants are restricted or were confiscated.  The appeal in county court is by trial de novo.  If no appeal is filed as provided in this section or if after an appeal in county court, the department's action is not reversed, the department may destroy confiscated seed or plants.|Acts 1981, 67th Leg., p. 1137, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 62.010 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 62 - Seed and Plant Certification|Section 62.010. Revocation, Modification, or Suspension of Registration or License

Sec. 62.010.  REVOCATION, MODIFICATION, OR SUSPENSION OF REGISTRATION OR LICENSE.  (a)  The department shall revoke, modify, or suspend the registration or license of a registered plant breeder or licensed producer of Foundation, Registered, or Certified seed or plants, place on probation a person whose registration or license has been suspended, or reprimand a registrant or licensee if the person makes exaggerated claims for products, fails to observe any rule governing the maintenance and production of a certified class of seed or plants that he or she is registered or licensed to produce or maintain, or violates another requirement of this chapter or a rule adopted by the board or the department under this chapter.(b)  If a suspension of a license or registration is probated, the department may require the person to:(1)  report regularly to the department on matters that are the basis of the probation;(2)  limit practice to the areas prescribed by the department;  or(3)  continue or renew professional education until the person attains a degree of skill satisfactory to the department in those areas that are the basis of the probation.(c)  If the department revokes a registration or license, the department shall order the cancellation and withdrawal of all appropriate certification labels previously issued for the seed or plants.(d)  If the department proposes to revoke, modify, or suspend a person's registration or license, the person is entitled to a hearing conducted under Section 12.032.  The board shall prescribe procedures by which all decisions of the department to revoke, modify, or suspend a registration or license issued under this chapter are appealable to the board.|Acts 1981, 67th Leg., p. 1138, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 42, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 419, Sec. 3.09, eff. Sept. 1, 1995.|
TX Agric Code § 62.011 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 62 - Seed and Plant Certification|Section 62.011. Penalties

Sec. 62.011.  PENALTIES.  (a)  A person commits an offense if the person:(1)  sells or offers for sale in this state seed or plants with labeling or packaging accompanying the seed or plants using the terms "from officially inspected fields," "state inspected," "approved seed," "approved plants," "approved sods," "approved trees," "inspected fields," "foundation seed," "certified plants," or terms having the same meaning, unless the seed or plants have been certified as Foundation, Registered, or Certified seed or plants;(2)  represents himself or herself to be a registered plant breeder or licensed producer of Foundation, Registered, or Certified seed or plants unless he or she has been registered or licensed under this chapter;(3)  sells or offers for sale in this state Foundation, Registered, or Certified seed or plants that are not in compliance with this chapter or with the rules adopted under this chapter;(4)  sells or offers for sale seed or plants represented to be certified in explicit oral or written statements or by misleading oral or written statements if the seed or plants have not been certified or have not been certified as being of the class of which they are represented;(5)  violates Section 62.007(c) of this code;  or(6)  violates Section 62.009(c), (d), or (e) of this code.(b)  An offense under Subsection (a)(1), (a)(2), (a)(5), or (a)(6) of this section is a Class C misdemeanor.(c)  An offense under Subsection (a)(3) or (a)(4) of this section is a Class B misdemeanor.|Acts 1981, 67th Leg., p. 1138, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 43, eff. Sept. 1, 1989.|
TX Agric Code § 64.001 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 64 - Arbitration of Seed Performance Disputes|Section 64.001. Applicability

Sec. 64.001.  APPLICABILITY.  This chapter applies only to claims or counterclaims due to the failure of seed purchased in a seed bag or package that contains or has attached the notice required by Section 64.003 of this code.|Added by Acts 1989, 71st Leg., ch. 604, Sec. 1, eff. Jan. 1, 1990.  Amended by Acts 1993, 73rd Leg., ch. 598, Sec. 1, eff. Sept. 1, 1993.|
TX Agric Code § 64.002 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 64 - Arbitration of Seed Performance Disputes|Section 64.002. Requirement of Arbitration

Sec. 64.002.  REQUIREMENT OF ARBITRATION.  (a)  When a purchaser of seed designed for planting claims to have been damaged by the failure of the seed to produce or perform as represented by warranty or by the label required to be attached to the seed under this subtitle or as a result of negligence, the purchaser must submit the claim to arbitration as provided by this chapter not later than the 10th day after the date on which the purchaser discovered or reasonably should have discovered the defect as a prerequisite to the exercise of the purchaser's right to maintain a legal action against the labeler or any other seller of the seed.(b)  Any period of limitations that applies to the claim shall be tolled until the 11th day after the date of filing with the commissioner of the report of arbitration by the board of arbitration.(c)  A claim of damages due to the failure of the seed as described by Subsection (a) of this section may not be asserted as a counterclaim or defense in any action brought by a seller against a purchaser until the purchaser has submitted a claim to arbitration.(d)  When the court in which an action has been filed by a seller of seed described by Subsection (c) of this section receives from the purchaser a copy of the purchaser's complaint filed in arbitration, accompanied by a written notice of intention to use the claim as a counterclaim or defense in the action, the seller's action shall be stayed.  Any period of limitations that applies to the claim is suspended until the 11th day after the date of filing with the commissioner of the report of arbitration by the board of arbitration.|Added by Acts 1989, 71st Leg., ch. 604, Sec. 1, eff. Jan. 1, 1990.  Amended by Acts 1993, 73rd Leg., ch. 598, Sec. 2, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 543, Sec. 1, eff. Sept. 1, 2003.|
TX Agric Code § 64.003 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 64 - Arbitration of Seed Performance Disputes|Section 64.003. Notice of Arbitration Requirement

Sec. 64.003.  NOTICE OF ARBITRATION REQUIREMENT.  (a)  Conspicuous language calling attention to the requirement for arbitration under this chapter shall be included on the analysis label required under this subtitle  or otherwise attached to the seed bag or package.(b)  The required notice shall read substantially as follows:NOTICE OF REQUIRED ARBITRATIONUnder the seed laws of Texas, arbitration is required as a precondition of maintaining certain legal actions, counterclaims, or defenses against a seller of seed.  Information about this requirement may be obtained from the state commissioner of agriculture.|Added by Acts 1989, 71st Leg., ch. 604, Sec. 1, eff. Jan. 1, 1990.  Amended by Acts 1993, 73rd Leg., ch. 598, Sec. 3, eff. Sept. 1, 1993.|
TX Agric Code § 64.004 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 64 - Arbitration of Seed Performance Disputes|Section 64.004. Effect of Arbitration

Sec. 64.004.  EFFECT OF ARBITRATION.  In any litigation involving a complaint that has been the subject of arbitration under this chapter, any party may introduce the report of arbitration as evidence of the facts found in the report, and the court may give such weight to the arbitration board's findings of fact, conclusions of law, and recommendations as to damages and costs as the court determines advisable.  The court may also take into account any findings of the board of arbitration with respect to the failure of any party to cooperate in the arbitration proceedings, including the arbitration board's ability to determine the facts of the case.|Added by Acts 1989, 71st Leg., ch. 604, Sec. 1, eff. Jan. 1, 1990.  Amended by Acts 2003, 78th Leg., ch. 543, Sec. 2, eff. Sept. 1, 2003.|
TX Agric Code § 64.005 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 64 - Arbitration of Seed Performance Disputes|Section 64.005. Arbitration Board

Sec. 64.005.  ARBITRATION BOARD.  (a)  The State Seed and Plant Board, as constituted under Section 62.002 of this code, is the board of arbitration for complaints filed under this chapter.(b)  As a board of arbitration, the State Seed and Plant Board shall conduct arbitration as provided by this chapter.  The arbitration board may be called into session by the commissioner or the chairman of the State Seed and Plant Board to consider matters referred to the arbitration board by the commissioner or the chairman.(c)  The State Seed and Plant Board shall also be given the authority to hire an outside arbitrator who is not an employee of the Department of Agriculture or a member of the arbitration board.|Added by Acts 1989, 71st Leg., ch. 604, Sec. 1, eff. Jan. 1, 1990.|
TX Agric Code § 64.006 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 64 - Arbitration of Seed Performance Disputes|Section 64.006. Arbitration Procedures

Sec. 64.006.  ARBITRATION PROCEDURES.  (a)  A purchaser may begin arbitration by filing with the commissioner a sworn complaint and a filing fee, as provided by department rule.  The purchaser shall send a copy of the complaint to the seller by certified mail.(b)  Not later than the 15th day after the date the seller receives a copy of the complaint, the seller shall file with the commissioner an answer to the complaint and send a copy of the answer to the purchaser by certified mail.(c)  The commissioner shall refer the complaint and the answer to the arbitration board for investigation, findings, and recommendations.(d)  On referral of the complaint for investigation, the arbitration board shall make a prompt and full investigation of the matters complained of and report its findings and recommendations to the commissioner not later than the 60th day after the date of the referral, or before a later date determined by the parties.(e)  The report of the arbitration board shall include findings of fact, conclusions of law, and recommendations as to costs, if any.  If there is a cost, the commissioner shall assess the cost of arbitration against any party found responsible.(f)  In the course of its investigation, the arbitration board or any of its members may:(1)  examine the purchaser and the seller on all matters that the arbitration board considers relevant;(2)  grow to production a representative sample of the seed through the facilities of the commissioner or a designated university under the commissioner's supervision;  or(3)  hold informal hearings at the time and place the chairman of the State Seed and Plant Board directs, with reasonable notice to all parties.(g)  The arbitration board may delegate all or any part of any investigation to one or more of its members.  Any delegated investigation shall be summarized in writing and considered by the arbitration board in its report.(h)  The arbitration board shall consider any field inspection or other data submitted by either party in its report and recommendation.(i)  The members of the arbitration board serve without compensation but are entitled to reimbursement for expenses incurred in the performance of their duties in the amounts provided by the General Appropriations Act.(j)  After the arbitration board has filed a report of arbitration, the commissioner shall promptly transmit the report by certified mail to all parties.|Added by Acts 1989, 71st Leg., ch. 604, Sec. 1, eff. Jan. 1, 1990.  Amended by Acts 1993, 73rd Leg., ch. 598, Sec. 4, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 419, Sec. 2.25, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 543, Sec. 3, eff. Sept. 1, 2003.|
TX Agric Code § 64.0065 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 64 - Arbitration of Seed Performance Disputes|Section 64.0065. Effect of Noncompliance

Sec. 64.0065.  EFFECT OF NONCOMPLIANCE.  The arbitration board may dismiss a purchaser's claim to arbitration if the purchaser fails to submit the claim within the period prescribed by Section 64.002(a).|Added by Acts 2003, 78th Leg., ch. 543, Sec. 4, eff. Sept. 1, 2003.|
TX Agric Code § 64.007 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 64 - Arbitration of Seed Performance Disputes|Section 64.007. Department Rules

Sec. 64.007.  DEPARTMENT RULES.  The department may adopt rules necessary to carry out the purposes of this chapter.|Added by Acts 1989, 71st Leg., ch. 604, Sec. 1, eff. Jan. 1, 1990.|
TX Agric Code § 73.001 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 73 - Citrus Diseases and Pests|Section 73.001. Definition

Sec. 73.001.  DEFINITION.  In this chapter, "nursery product" has the meaning assigned by Section 71.041 of this code.|Acts 1981, 67th Leg., p. 1171, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 73.002 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 73 - Citrus Diseases and Pests|Section 73.002. Policy

Sec. 73.002.  POLICY.  The state recognizes that the citrus industry is a valuable asset and that citrus fruit and trees are highly susceptible to the ravages of insects, pests, and plant diseases.  The state shall use all constitutional measures to protect this industry from destruction by pests and diseases.|Acts 1981, 67th Leg., p. 1171, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 67, eff. Sept. 1, 1989.|