reglab/housing_qa huggingface dataset:
TX Agric Code § 122.356 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle F - Hemp|Chapter 122 - Cultivation of Hemp|Subchapter H. Transportation Requirements|Section 122.356. Documentation and Other Shipping Requirements

Sec. 122.356.  DOCUMENTATION AND OTHER SHIPPING REQUIREMENTS.  (a)  A person may not transport hemp plant material in this state unless the hemp:(1)  is produced in compliance with:(A)  a state or tribal plan approved by the United States Department of Agriculture under 7 U.S.C. Section 1639p; or(B)  a plan established under 7 U.S.C. Section 1639q if the hemp was cultivated in an area where that plan applies; and(2)  is accompanied by:(A)  a shipping certificate or cargo manifest issued under Section 122.055 if the hemp originated in this state; or(B)  documentation containing the name and address of the place where the hemp was cultivated and a statement that the hemp was produced in compliance with 7 U.S.C. Chapter 38, Subchapter VII, if the hemp originated outside this state.(b)  A person transporting hemp plant material in this state:(1)  may not concurrently transport any cargo that is not hemp plant material; and(2)  shall furnish the documentation required by this section to the department or any peace officer on request.|Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.|
TX Agric Code § 122.357 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle F - Hemp|Chapter 122 - Cultivation of Hemp|Subchapter H. Transportation Requirements|Section 122.357. Agricultural Pests and Diseases

Sec. 122.357.  AGRICULTURAL PESTS AND DISEASES.  A person may not transport in this state hemp that contains an agricultural pest or disease as provided by department rule.|Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.|
TX Agric Code § 122.358 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle F - Hemp|Chapter 122 - Cultivation of Hemp|Subchapter H. Transportation Requirements|Section 122.358. Powers and Duties of Peace Officers

Sec. 122.358.  POWERS AND DUTIES OF PEACE OFFICERS.  (a) A peace officer may inspect and collect a reasonably sized sample of any material from the plant Cannabis sativa L. found in a vehicle to determine the delta-9 tetrahydrocannabinol concentration of the plant material. Unless a peace officer has probable cause to believe the plant material is marihuana, the peace officer may not:(1)  seize the plant material; or(2)  arrest the person transporting the plant material.(b)  A peace officer may detain any hemp being transported in this state until the person transporting the hemp provides the documentation required by Section 122.356. The peace officer shall immediately release the hemp to the person if the person produces documentation required by that section.(c)  If a peace officer has probable cause to believe that a person transporting hemp in this state is also transporting marihuana or a controlled substance, as defined by Section 481.002, Health and Safety Code, or any other illegal substance under state or federal law, the peace officer may seize and impound the hemp along with the controlled or illegal substance.(d)  This subchapter does not limit or restrict a peace officer from enforcing to the fullest extent the laws of this state regulating marihuana and controlled substances, as defined by Section 481.002, Health and Safety Code.|Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.|
TX Agric Code § 122.359 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle F - Hemp|Chapter 122 - Cultivation of Hemp|Subchapter H. Transportation Requirements|Section 122.359. Civil Penalty

Sec. 122.359.  CIVIL PENALTY.  (a) A person who violates Section 122.356 is liable to this state for a civil penalty in an amount not to exceed $500 for each violation.(b)  The attorney general or any district or county attorney may bring an action to recover the civil penalty.(c)  A civil penalty collected under this section must be deposited in the hemp transportation account under Section 122.355.|Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.|
TX Agric Code § 122.360 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle F - Hemp|Chapter 122 - Cultivation of Hemp|Subchapter H. Transportation Requirements|Section 122.360. Criminal Offense

Sec. 122.360.  CRIMINAL OFFENSE.  (a) A person commits an offense if the person violates Section 122.356.(b)  An offense under this section is a misdemeanor punishable by a fine of not more than $1,000.|Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.|
TX Agric Code § 122.401 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle F - Hemp|Chapter 122 - Cultivation of Hemp|Subchapter I. Enforcement; Penalties|Section 122.401. Penalty Schedule

Sec. 122.401.  PENALTY SCHEDULE.  (a)  The department by rule shall adopt a schedule of sanctions and penalties for violations of this chapter and rules adopted under this chapter that does not conflict with 7 U.S.C. Section 1639p(e).(b)  A penalty collected under this chapter other than a civil penalty collected under Subchapter H must be deposited in the state hemp production account under Section 122.003.|Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.|
TX Agric Code § 122.402 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle F - Hemp|Chapter 122 - Cultivation of Hemp|Subchapter I. Enforcement; Penalties|Section 122.402. Administrative Penalty

Sec. 122.402.  ADMINISTRATIVE PENALTY.  Except as provided by Section 122.403 and to the extent permitted under 7 U.S.C. Section 1639p(e), the department may impose an administrative penalty or other administrative sanction for a violation of this chapter or a rule or order adopted under this chapter, including a penalty or sanction under Section 12.020 or 12.0201.|Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.|
TX Agric Code § 122.403 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle F - Hemp|Chapter 122 - Cultivation of Hemp|Subchapter I. Enforcement; Penalties|Section 122.403. Negligent Violations by License Holder

Sec. 122.403.  NEGLIGENT VIOLATIONS BY LICENSE HOLDER.  (a)  If the department determines that a license holder negligently violated this chapter or a rule adopted under this chapter, the department shall enforce the violation in the manner provided by 7 U.S.C. Section 1639p(e).(b)  A license holder described by Subsection (a) is not subject to a civil, criminal, or administrative enforcement action other than an enforcement action provided by this chapter.(c)  A license holder who violates this chapter by cultivating plants described by Section 122.202(b)(2):(1)  must comply with an enhanced testing protocol developed by the department;(2)  shall pay a fee in the amount of $500 for each violation to cover the department's costs of administering the enhanced testing protocol; and(3)  shall be included on a list maintained by the department of license holders with negligent violations, which is public information for purposes of Chapter 552, Government Code.(d)  A person who negligently violates this chapter three times in any five-year period may not cultivate, process, or otherwise produce hemp in this state before the fifth anniversary of the date of the third violation.  The department shall include each person subject to this subsection on a list of banned producers, which is public information for purposes of Chapter 552, Government Code.|Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.|
TX Agric Code § 122.404 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle F - Hemp|Chapter 122 - Cultivation of Hemp|Subchapter I. Enforcement; Penalties|Section 122.404. Other Violations by License Holder

Sec. 122.404.  OTHER VIOLATIONS BY LICENSE HOLDER.  If the department suspects or determines that a license holder violated this chapter or a rule adopted under this chapter with a culpable mental state greater than negligence, the department shall immediately report the license holder to:(1)  the United States attorney general; and(2)  the attorney general of this state, who may:(A)  investigate the violation;(B)  institute proceedings for injunctive or other appropriate relief on behalf of the department; or(C)  report the matter to the Department of Public Safety and any other appropriate law enforcement agency.|Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.|
TX Agric Code § 128.001 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle H - Horticultural Liens|Chapter 128 - Agricultural Chemical and Seed Liens|Subchapter A. General Provisions|Section 128.001. Definitions

Sec. 128.001.  DEFINITIONS.  In this chapter:(1)  "Agricultural chemical" includes fertilizer material as defined under Section 63.001, pesticides as defined under Section 76.001, plant regulators as defined under Section 76.001, lime, plant and soil amendments, plant food, herbicides, and chemical compounds that are applied to crops or to land used for growing crops.(2)  "Agricultural seed" has the meaning assigned under Section 61.001.(3)  "Labor" means labor or services performed in the application, delivery, or preparation of an agricultural chemical or agricultural seed.(4)  "Reasonable or agreed charges" means:(A)  any agreed price for agricultural chemicals, agricultural seeds, or labor sold or provided to a lien debtor at the lien debtor's request;  or(B)  the reasonable value of agricultural chemicals, agricultural seeds, or labor, as of the date of application, delivery, or preparation, if there is not an agreed price or an agreed method for determining price.|Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.|
TX Agric Code § 128.002 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle H - Horticultural Liens|Chapter 128 - Agricultural Chemical and Seed Liens|Subchapter A. General Provisions|Section 128.002. Proceeds

Sec. 128.002.  PROCEEDS.  (a)  For the purposes of this chapter, proceeds are the amounts received by a lien debtor, before a deduction for taxes, fees, or assessments or a deduction made under a court order, from the sale of:(1)  the crop that existed at the time of application on the land of the agricultural chemical sold by the lien claimant or applied, delivered, or prepared by the lien claimant;(2)  the first crop produced on the land after the agricultural chemical sold by the lien claimant or applied, delivered, or prepared by the lien claimant was applied, if crops did not exist on the land at the time the agricultural chemical was applied;  or(3)  the crop produced from the agricultural seed supplied by the lien claimant or applied, delivered, or prepared by the lien claimant.(b)  For the purposes of this chapter, the following are not included as proceeds:(1)  amounts due or owing to a cooperative association under Chapter 51 or 52;  or(2)  amounts retained by a cooperative association under Chapter 51 or 52.|Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.|
TX Agric Code § 128.006 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle H - Horticultural Liens|Chapter 128 - Agricultural Chemical and Seed Liens|Subchapter B. Agricultural Chemical and Seed Lien|Section 128.006. Notice Before Purchase; Required Notice Before Claiming Lien

Sec. 128.006.  NOTICE BEFORE PURCHASE;  REQUIRED NOTICE BEFORE CLAIMING LIEN.  (a)  A person claiming a lien under this chapter must have provided notice of the provisions of this chapter, before purchase, either generally to purchasers of agricultural chemicals, agricultural seeds, or labor as part of the lien claimant's normal business practices or specifically to the lien debtor.  Notice provided under this subsection must read, to the extent applicable, substantially as follows:  "The sale of agricultural chemicals or agricultural seed on credit and the provision of labor related to agricultural chemicals or agricultural seed is subject to Chapter 128, Agriculture Code.  Failure to pay the agreed or reasonable charges for the chemicals, seed, or labor may result in the attachment of a lien to the proceeds of the agricultural products produced with the aid of the chemicals, seed, or labor."  A potential lien claimant may satisfy the requirements of this subsection:(1)  by printing or stamping the notice on credit applications filled out by purchasers;  and(2)  for future purchases by purchasers who are not notified on the credit application, by printing or stamping the notice on an invoice or on a statement sent by separate cover.(b)  Before a person may claim a lien under this chapter, the person must send to the debtor by certified mail written notice that states:(1)  that the payment of the reasonable or agreed charges is more than 30 days overdue;(2)  the amount that is overdue;(3)  that the debtor has the following three alternatives:(A)  to allow the lien to be filed;(B)  to enter into an agreement granting a security interest in the proceeds described by Section 128.002 under the Business & Commerce Code;  or(C)  to pay the reasonable or agreed charges;  and(4)  in at least 10-point type, that:(A)  the debtor has until the 10th day after the date on which the notice is received to select an alternative under Subdivision (3), notify the claimant of the alternative selected, and satisfy all the requirements of the selected alternative;  and(B)  the claimant may file the notice of claim of lien at any time after the 10th day after the date on which the debtor receives the notice if the debtor does not comply with the requirements of Paragraph (A).|Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.|
TX Agric Code § 128.007 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle H - Horticultural Liens|Chapter 128 - Agricultural Chemical and Seed Liens|Subchapter B. Agricultural Chemical and Seed Lien|Section 128.007. Attachment of Lien

Sec. 128.007.  ATTACHMENT OF LIEN.  (a)  A lien established under this chapter attaches to the proceeds described by Section 128.002.(b)  A lien established under this chapter attaches on the first day agricultural chemicals, labor, or both are furnished to the lien debtor.  A lien that has attached under this section is removed if the lien claimant does not satisfy the notice and filing requirements of this chapter.|Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 292, Sec. 1, eff. Sept. 1, 1997.|
TX Agric Code § 128.008 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle H - Horticultural Liens|Chapter 128 - Agricultural Chemical and Seed Liens|Subchapter B. Agricultural Chemical and Seed Lien|Section 128.008. Amount of Lien

Sec. 128.008.  AMOUNT OF LIEN.  The amount of a lien under this chapter is equal to the sum of:(1)  the amount of the unpaid reasonable or agreed charges for:(A)  agricultural chemicals, labor, or both, as appropriate, furnished within the 180-day period immediately preceding the day the notice of claim of lien is filed with the secretary of state as provided by this chapter;  and(B)  agricultural seeds, labor, or both, as appropriate, furnished within the 180-day period immediately preceding the day the notice of claim of lien is filed with the secretary of state as provided by this chapter;  and(2)  the filing fees for the lien as provided by this chapter.|Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 292, Sec. 2, eff. Sept. 1, 1997.|
TX Agric Code § 128.009 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle H - Horticultural Liens|Chapter 128 - Agricultural Chemical and Seed Liens|Subchapter B. Agricultural Chemical and Seed Lien|Section 128.009. Person Entitled to File; Exception

Sec. 128.009.  PERSON ENTITLED TO FILE;  EXCEPTION.  (a)  Except as provided by Subsection (b) or by Section 128.047, a person who provides an agricultural chemical, agricultural seed, or labor may file a notice of claim of lien as provided by this chapter.(b)  A claimant may not file a notice of claim of lien if the settlement of a dispute between the claimant and the debtor has been submitted to the department and is pending.|Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 292, Sec. 3, eff. Sept. 1, 1997.|
TX Agric Code § 128.010 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle H - Horticultural Liens|Chapter 128 - Agricultural Chemical and Seed Liens|Subchapter B. Agricultural Chemical and Seed Lien|Section 128.010. Perfection of Lien

Sec. 128.010.  PERFECTION OF LIEN.  A lien created under this chapter is perfected on the filing of a notice of claim of lien with the secretary of state as provided by this chapter.|Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.|
TX Agric Code § 128.011 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle H - Horticultural Liens|Chapter 128 - Agricultural Chemical and Seed Liens|Subchapter B. Agricultural Chemical and Seed Lien|Section 128.011. Duration of Notice of Claim of Lien

Sec. 128.011.  DURATION OF NOTICE OF CLAIM OF LIEN.  (a)  Except as otherwise provided by this chapter, the notice of claim of lien is effective, and a new notice of claim of lien is not required to maintain the lien, as long as the person who provides the agricultural chemical, agricultural seed, or labor either:(1)  remains unpaid for the amount secured by the lien;  or(2)  continues to provide an agricultural chemical, agricultural seed, or labor on a regular basis to the lien debtor.(b)  For purposes of this section, providing an agricultural chemical, agricultural seed, or labor is not considered to be made on a regular basis if a period of more than 45 days elapses between applications, deliveries, or preparations.|Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.|
TX Agric Code § 128.012 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle H - Horticultural Liens|Chapter 128 - Agricultural Chemical and Seed Liens|Subchapter B. Agricultural Chemical and Seed Lien|Section 128.012. Procedures for Settlement of Disputes

Sec. 128.012.  PROCEDURES FOR SETTLEMENT OF DISPUTES.  (a)  The commissioner of agriculture by rule shall establish a procedure to settle a dispute between a claimant supplying agricultural chemicals or labor in the application, delivery, or preparation of agricultural chemicals and a debtor.  The procedures must provide:(1)  a time requirement for submitting the dispute to the department;(2)  a time requirement within which a notice of the dispute must be submitted to each party;  and(3)  a process for evaluating the dispute.(b)  Each party to the dispute is equally liable for the reasonable costs incurred by the department in carrying out this section.|Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.|
TX Agric Code § 128.013 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle H - Horticultural Liens|Chapter 128 - Agricultural Chemical and Seed Liens|Subchapter B. Agricultural Chemical and Seed Lien|Section 128.013. Contents of Notice of Claim of Lien

Sec. 128.013.  CONTENTS OF NOTICE OF CLAIM OF LIEN.  The notice of claim of lien must include:(1)  the name and address of the lien claimant;(2)  the name and address of the lien debtor;(3)  the location of the property to which the agricultural chemical, agricultural seed, or labor was provided;(4)  a statement that the payment of the reasonable or agreed charges is more than 30 days overdue;(5)  the amount that is overdue;(6)  a statement, signed under penalty of perjury, that:(A)  the lien claimant provided notice of the provisions of this chapter, before purchase, either generally to purchasers of agricultural chemicals, agricultural seeds, or labor as part of the lien claimant's normal business practices or specifically to the lien debtor, in the manner required by Section 128.006(a);(B)  the lien claimant sent to the lien debtor the notice required by Section 128.006(b);(C)  more than 10 days have elapsed since the date on which the notice was received by the lien debtor;  and(D)  the lien debtor has not complied with the requirements of an alternative set out by Section 128.006(b);  and(7)  a statement that the lien claimant has an agricultural chemical or agricultural seed lien under this chapter.|Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.|
TX Agric Code § 128.014 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle H - Horticultural Liens|Chapter 128 - Agricultural Chemical and Seed Liens|Subchapter B. Agricultural Chemical and Seed Lien|Section 128.014. Signature

Sec. 128.014.  SIGNATURE.  The notice of claim of lien shall be signed by the lien claimant or by a person authorized to sign documents of a similar kind on behalf of the claimant.|Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.|
TX Agric Code § 128.015 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle H - Horticultural Liens|Chapter 128 - Agricultural Chemical and Seed Liens|Subchapter B. Agricultural Chemical and Seed Lien|Section 128.015. Form

Sec. 128.015.  FORM.  (a)  The notice of claim of lien must be filed on a form that satisfies the requirements of a financing statement under Sections 9.502-9.504, Business & Commerce Code, except that:(1)  the lien claimant may be identified either as a lien claimant or as a secured party;(2)  the form must be signed by the lien claimant and is not required to be signed by the lien debtor;  and(3)  in the space for the description of the collateral, the information specified in Sections 128.013(3), (4), (5), and (7) must be entered.(b)  A separately signed statement containing the information specified in Section 128.013(6) shall be attached to the form required under Subsection (a).|Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 414, Sec. 2.01, eff. July 1, 2001.|