reglab/housing_qa huggingface dataset:
TX Agric Code § 61.014 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed|Section 61.014. Stop-Sale Order

Sec. 61.014.  STOP-SALE ORDER.  (a)  If the department has reason to believe that agricultural or vegetable seed is in violation of any provision of this chapter, the department may issue and enforce a written or printed order to stop the sale of the seed.  The department shall present the order to the owner or custodian of the lot of seed.  The person who receives the order may not sell the seed until the seed is discharged by a court under Subsection (b) of this section or until the department finds that the seed is in compliance with this chapter.(b)  The owner or custodian of seed prohibited from sale by an order of the department is entitled to sue in a court of competent jurisdiction where the seed is found for a judgment as to the justification of the order and for the discharge of the seed in accordance with the findings of the court.(c)  This section does not limit the right of the department to proceed as authorized by another section of this chapter.|Acts 1981, 67th Leg., p. 1131, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 61.015 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed|Section 61.015. Seizure of Seed Not in Compliance

Sec. 61.015.  SEIZURE OF SEED NOT IN COMPLIANCE.  (a)  The department may sue in a court of competent jurisdiction in the area in which the seed is located for the seizure of any lot of agricultural or vegetable seed that is not in compliance with this chapter.(b)  If the court finds that the seed is not in compliance with this chapter, the court may condemn the seed.  Condemned seed shall be denatured, processed, destroyed, relabeled, or otherwise disposed of in accordance with the law of this state.(c)  The court may not condemn the seed unless the owner or custodian of the seed is given the opportunity to apply to the court for the release of the seed or for permission to condition or relabel the seed to bring it into compliance with this chapter.|Acts 1981, 67th Leg., p. 1131, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 61.016 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed|Section 61.016. Exceptions

Sec. 61.016.  EXCEPTIONS.  (a)  Sections 61.001, 61.003-61.005, and 61.008 of this code do not apply to:(1)  seed or grain not intended for sowing purposes;(2)  seed in storage for cleaning or conditioning, if the label or other records pertaining to the seed bear the phrase "seed for conditioning";  or(3)  seed being transported or consigned to a seed cleaning or conditioning establishment for cleaning or conditioning, if the invoice or labeling accompanying the seed bears the phrase "seed for conditioning."(b)  The exceptions provided by Subsection (a) of this section do not affect the criminal liability of a person for false or misleading labeling or advertising of unclean seed under Section 61.018 of this code.(c)  This chapter does not prevent one farmer from selling to another farmer seed grown on his or her own farm without having the seed tested or labeled as required by this chapter if the seed:(1)  is not advertised in the public communications media outside the vendor's home county;(2)  is not sold or offered or exposed for sale by an individual or organization for the farmer;  and(3)  is not shipped by a common carrier.|Acts 1981, 67th Leg., p. 1132, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 61.017 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed|Section 61.017. Prosecutions

Sec. 61.017.  PROSECUTIONS.  (a)  If the department has reason to believe that a person has violated any provision of this chapter, the department shall conduct a private hearing on the alleged violation, giving the accused the opportunity to appear and, either in person or by agent or attorney, present evidence.  After the hearing, or without a hearing if the accused or the agent or attorney of the accused fails or refuses to appear, the department may file with the appropriate district or county attorney the evidence of the violation or take other steps necessary to institute the prosecution of the violation.  Venue for the prosecution is in the area in which the violation occurred.(b)  The county or district attorney or the attorney general, as applicable, shall institute proceedings at once against the person charged with the violation, if in his or her judgment the information submitted warrants the action.(c)  After judgment by a court in any case arising under this chapter, the department may publish any information pertinent to the issuance of the judgment in any media that it considers appropriate.|Acts 1981, 67th Leg., p. 1132, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 61.018 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed|Section 61.018. Penalties

Sec. 61.018.  PENALTIES.  (a)  A person commits an offense if the person sells or offers, exposes, or transports for sale agricultural or vegetable seed within this state that:(1)  has not been tested for germination in accordance with Section 61.009 of this code;(2)  is not labeled in accordance with Section 61.004, 61.005, or 61.006 of this code, as applicable;(3)  has false or misleading labeling;(4)  is represented by a false or misleading advertisement;(5)  contains noxious weed seeds in excess of the limitations per pound, allowing for tolerances, prescribed under Section 61.008 of this code;(6)  has labeling or advertising subject to this chapter that represents the seed to be certified in violation of Section 61.007 of this code;  or(7)  is labeled by variety name in violation of Section 61.007(b) of this code.(b)  A person commits an offense if the person:(1)  detaches, alters, defaces, or destroys any label provided for in this chapter or the rules adopted under this chapter;(2)  alters or substitutes seed in a manner that may defeat the purposes of this chapter;(3)  disseminates a false or misleading advertisement concerning agricultural or vegetable seed;(4)  fails to comply with a stop-sale order issued under Section 61.014 of this code;(5)  hinders or obstructs an authorized person in the performance of duties under this chapter;(6)  uses the word "type" in violation of Section 61.004(b) of this code;  or(7)  violates any other provision of this chapter.(c)  An offense under this section is a Class C misdemeanor.(d)  If a person is prosecuted under this section for selling or offering or exposing for sale in this state agricultural or vegetable seed that is incorrectly labeled or represented as to kind, variety, type, treatment, or origin and that cannot be identified by examination, it is a defense to prosecution that the defendant obtained an invoice or grower's declaration giving kind, kind and variety, or kind and type, treatment, and origin, if required.|Acts 1981, 67th Leg., p. 1132, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 39, eff. Sept. 1, 1989.|
TX Agric Code § 61.019 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 61 - Inspection, Labeling, and Sale of Agricultural and Vegetable Seed|Section 61.019. Local Regulation of Seed Prohibited

Sec. 61.019.  LOCAL REGULATION OF SEED PROHIBITED.  (a)  Notwithstanding any other law and except as provided by Subsection (c), a political subdivision may not adopt an order, ordinance, or other measure that regulates agricultural seed, vegetable seed, weed seed, or any other seed in any manner, including planting seed or cultivating plants grown from seed.(b)  An order, ordinance, or other measure adopted by a political subdivision that violates Subsection (a) is void.(c)  A political subdivision may take any action otherwise prohibited by this section to:(1)  comply with any federal or state requirements;(2)  avoid a federal or state penalty or fine;(3)  attain or maintain compliance with federal or state environmental standards, including state water quality standards; or(4)  implement a:(A)  water conservation plan;(B)  drought contingency plan; or(C)  voluntary program as part of a conservation water management strategy included in the applicable regional water plan or state water plan.(d)  Nothing in this section preempts or otherwise limits the authority of any county or municipality to adopt and enforce zoning regulations, fire codes, building codes, storm water regulations, nuisance regulations as authorized by Section 342.004, Health and Safety Code, or waste disposal restrictions.|Added by Acts 2017, 85th Leg., R.S., Ch. 736 (S.B. 1172), Sec. 1, eff. September 1, 2017.|
TX Agric Code § 62.001 (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 62.001. Definitions

Sec. 62.001.  DEFINITIONS.  In this chapter:(1)  "Board" means the State Seed and Plant Board.(2)  The term "certified seed" or "certified plant" means a seed or plant that has been determined by a seed or plant certifying agency to meet agency rules and standards as to genetic purity and identity.(3)  "Plant" includes plant parts.|Acts 1981, 67th Leg., p. 1134, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 62.002 (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 62.002. State Seed and Plant Board

Sec. 62.002.  STATE SEED AND PLANT BOARD.(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.(b)  An individual appointed from a state university 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.(c)  A member whose employment is terminated with the agency or department from which the member was appointed or who ceases to be engaged in the business or professional activity that the member was appointed to represent vacates membership on the board.(d)  The commissioner shall designate a member of the board as the chairman to serve in that capacity at the pleasure of the commissioner.  The board annually shall elect a vice-chairman and secretary.  The board shall meet at times and places determined by the chairman.(e)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.|Acts 1981, 67th Leg., p. 1134, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 479, Sec. 185, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 729, Sec. 14, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 311, Sec. 1, eff. Aug. 28, 1989;  Acts 1995, 74th Leg., ch. 419, Sec. 1.17, eff. Sept. 1, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 4.04, eff. September 1, 2009.Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 17, eff. September 1, 2021.|
TX Agric Code § 62.0021 (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 62.0021. Meetings by Telephone Conference Call

Sec. 62.0021.  MEETINGS BY TELEPHONE CONFERENCE CALL.  (a)  Notwithstanding Chapter 551, Government Code, the board may hold an open or closed meeting by telephone conference call if immediate action is required and the convening at one location of a quorum of the board is inconvenient for any member of the board.(b)  The meeting is subject to the notice requirements applicable to other meetings.(c)  The notice of the meeting must specify as the location of the meeting the location where meetings of the board are usually held.(d)  Each part of the meeting that is required to be open to the public shall be audible to the public at the location specified in the notice of the meeting as the location of the meeting and shall be tape-recorded.  The tape recording shall be made available to the public.|Added by Acts 1993, 73rd Leg., ch. 74, Sec. 1, eff. May 5, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(78), eff. Sept. 1, 1995.|
TX Agric Code § 62.0022 (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 62.0022. Board Conflict of Interest

Sec. 62.0022.  BOARD CONFLICT OF INTEREST.  (a)  An officer, employee, or paid consultant of a Texas trade association in the field of agriculture may not be a member of the board.(b)  A person who is the spouse of an officer, manager, or paid consultant of a Texas trade association in the field of agriculture may not be a member of the board.(c)  For the purposes of this section, a Texas trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.(d)  A person may not serve as a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.|Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.18, eff. Sept. 1, 1995.|
TX Agric Code § 62.0023 (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 62.0023. Removal of Board Member

Sec. 62.0023.  REMOVAL OF BOARD MEMBER.  (a)  It is a ground for removal from the board if a member:(1)  does not have at the time of appointment the qualifications required by Section 62.002;(2)  does not maintain during service on the board the qualifications required by Section 62.002;(3)  violates a prohibition established by Section 62.0022;(4)  cannot because of illness or disability discharge the member's duties for a substantial part of the term for which the member is appointed;  or(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the board.(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 506, Sec. 4.09(1), eff. September 1, 2009.|Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.18, eff. Sept. 1, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 4.09(1), eff. September 1, 2009.|
TX Agric Code § 62.0024 (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 62.0024. Standards of Conduct

Sec. 62.0024.  STANDARDS OF CONDUCT.  The commissioner or the commissioner's designee shall provide to members of the board, as often as necessary, information regarding their qualification for office under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.|Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.18, eff. Sept. 1, 1995.|
TX Agric Code § 62.0025 (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 62.0025. Board Meetings; Administrative Procedure

Sec. 62.0025.  BOARD MEETINGS;  ADMINISTRATIVE PROCEDURE.  (a)  The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.(b)  The board is subject to Chapter 551, Government Code, and Chapter 2001, Government Code.|Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.18, eff. Sept. 1, 1995.|
TX Agric Code § 62.0026 (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 62.0026. Separation of Responsibilities

Sec. 62.0026.  SEPARATION OF RESPONSIBILITIES.  The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the commissioner and the staff of the department.|Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.18, eff. Sept. 1, 1995.|
TX Agric Code § 62.0027 (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 62.0027. Board Member Training

Sec. 62.0027.  BOARD MEMBER TRAINING.  (a)  Before a member of the board may assume the member's duties, the member must complete at least one course of the training program established under this section.(b)  A training program established under this section shall provide information to the member regarding:(1)  Chapter 64, this chapter, and the enabling legislation that created the board;(2)  the programs operated by the board;(3)  the role and functions of the board;(4)  the rules of the board with an emphasis on the rules that relate to disciplinary and investigatory authority;(5)  the requirements of:(A)  Chapter 551, Government Code;(B)  Chapter 552, Government Code;  and(C)  Chapter 2001, Government Code;(6)  the requirements of the conflict of interest laws and other laws relating to public officials;  and(7)  any applicable ethics policies adopted by the department or the Texas Ethics Commission.|Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.18, eff. Sept. 1, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 4.05, eff. September 1, 2009.|
TX Agric Code § 62.003 (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 62.003. Classes of Certified Seed

Sec. 62.003.  CLASSES OF CERTIFIED SEED.  (a)  The four classes of certified seed and plants are Breeder, Foundation, Registered, and Certified.(b)  A Breeder seed or Breeder plant is directly controlled by the originating or sponsoring person or the person's designee and is the primary source for the production of seed and plants of the other classes.(c)  A Foundation seed or Foundation plant is the progeny of Breeder or Foundation seed or plants and is produced and handled under the procedures established, in accordance with federal requirements, by a seed or plant certifying agency for the Foundation class of seed or plants for the purpose of maintaining genetic purity and identity.(d)  A Registered seed or Registered plant is the progeny of Breeder or Foundation seed or plants and is produced and handled under procedures established, in accordance with federal requirements, by a seed or plant certifying agency for the Registered class of seed or plants for the purpose of maintaining genetic purity and identity.(e)  A Certified seed or Certified plant is the progeny of Breeder, Foundation, or Registered seed or plants, except as otherwise provided by federal law, and is produced and handled under procedures established, in accordance with federal requirements, by a seed or plant certifying agency for the Certified class of seed or plants for the purpose of maintaining genetic purity and identity.|Acts 1981, 67th Leg., p. 1134, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 62.004 (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 62.004. Eligibility for and Standards of Certification

Sec. 62.004.  ELIGIBILITY FOR AND STANDARDS OF CERTIFICATION.  (a)  The board may establish, not inconsistent with federal law, the eligibility of various kinds and varieties of seed and plants for genetic purity and identity certification and the procedures for that certification.(b)  The board may establish standards of genetic purity and identity, not inconsistent with federal law, for classes of certified seed and plants for which the board determines that standards are desirable.  In establishing the standards, the board may consider all factors affecting the quality of seed and plants.(c)  The board shall report to the department the kinds and varieties of seed and plants eligible for certification and the standards adopted for certification eligibility.|Acts 1981, 67th Leg., p. 1135, ch. 388, Sec. 1, eff. Sept. 1, 1981.|