reglab/housing_qa huggingface dataset:
TX Agric Code § 63.126 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 63 - Commercial Fertilizer|Subchapter G. Enforcement; Remedies|Section 63.126. Prosecutions

Sec. 63.126.  PROSECUTIONS.  Each district attorney, criminal district attorney, or county attorney to whom the service reports a violation of this chapter shall cause appropriate proceedings to be instituted and prosecuted in the proper court without delay in the manner provided by law.|Acts 1981, 67th Leg., p. 1148, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Sec. 63.125 and amended by Acts 1983, 68th Leg., p. 1853, ch. 349, art. 1, Sec. 9, eff. Sept. 1, 1983.|
TX Agric Code § 63.127 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 63 - Commercial Fertilizer|Subchapter G. Enforcement; Remedies|Section 63.127. Venue for Civil and Criminal Actions

Sec. 63.127.  VENUE FOR CIVIL AND CRIMINAL ACTIONS.  Except as provided by Section 63.125 of this chapter, venue for a civil action or criminal prosecution under this chapter is in the county in which the commercial fertilizer is located at the time the alleged violation is discovered by or made known to the service.|Added by Acts 1983, 68th Leg., p. 1853, ch. 349, art. 1, Sec. 9, eff. Sept. 1, 1983.|
TX Agric Code § 63.128 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 63 - Commercial Fertilizer|Subchapter G. Enforcement; Remedies|Section 63.128. Appeal of Administrative Order or Ruling

Sec. 63.128.  APPEAL OF ADMINISTRATIVE ORDER OR RULING.  (a)  A person at interest who is aggrieved by an order or ruling of the service may appeal the order or ruling in the manner provided for contested cases under Chapter 2001, Government Code.(b)  Appeal under this section is by trial de novo.|Acts 1981, 67th Leg., p. 1148, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Sec. 63.126 and amended by Acts 1983, 68th Leg., p. 1853, ch. 349, art. 1, Sec. 9, eff. Sept. 1, 1983.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.|
TX Agric Code § 63.141 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 63 - Commercial Fertilizer|Subchapter H. Penalties|Section 63.141. General Penalty

Sec. 63.141.  GENERAL PENALTY.  (a)  A person commits an offense if the person violates a provision of this chapter.(b)  An offense under this section is a Class C misdemeanor unless it is shown that the person has previously committed an offense under this subchapter, in which event it is a Class B misdemeanor.|Acts 1981, 67th Leg., p. 1149, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1856, ch. 349, art. 1, Sec. 10, eff. Sept. 1, 1983.|
TX Agric Code § 63.142 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 63 - Commercial Fertilizer|Subchapter H. Penalties|Section 63.142. Distribution of Misbranded Fertilizer

Sec. 63.142.  DISTRIBUTION OF MISBRANDED FERTILIZER.  (a)  A person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute commercial fertilizer that:(1)  carries a false or misleading statement on, attached to, or accompanying the container;(2)  makes a false or misleading statement concerning its agricultural value on the container or in any advertising matter accompanying or associated with it;(3)  is of a composition, quantity, or quality that is below or is different from that which it is represented to be on its label;(4)  has a container that is made, formed, or filled in a manner that is misleading;  or(5)  purports to be or is represented as a commercial fertilizer for which a definition of identity and a standard have been prescribed by rule, but does not conform to the definition or standard.(b)  An offense under this section is a Class C misdemeanor unless it is shown that the person has been previously convicted of an offense under this subchapter, in which event it is a Class B misdemeanor.|Acts 1981, 67th Leg., p. 1149, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1856, ch. 349, art. 1, Sec. 10, eff. Sept. 1, 1983.|
TX Agric Code § 63.143 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 63 - Commercial Fertilizer|Subchapter H. Penalties|Section 63.143. Distribution of Adulterated Fertilizer

Sec. 63.143.  DISTRIBUTION OF ADULTERATED FERTILIZER.  (a)  A person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute a commercial fertilizer that:(1)  has been damaged in a manner that reduces its value;(2)  has damage or an inferiority that has been concealed;(3)  has added to it a substance that increases its bulk or weight, reduces its quality or strength, or makes it appear better or of greater value than it is;(4)  has had an ingredient omitted or extracted, in whole or in part;  or(5)  contains or bears a poisonous or deleterious substance that may render it injurious to plants under ordinary conditions of use.(b)  An offense under this section is a Class C misdemeanor unless it is shown that the person has previously been convicted of an offense under this subchapter, in which event it is a Class B misdemeanor.|Acts 1981, 67th Leg., p. 1149, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 1856, ch. 349, art. 1, Sec. 10, eff. Sept. 1, 1983.|
TX Agric Code § 63.144 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 63 - Commercial Fertilizer|Subchapter H. Penalties|Section 63.144. Distribution of Commercial Fertilizer Without Registration, Labeling, or Payment of Inspection Fee

Sec. 63.144.  DISTRIBUTION OF COMMERCIAL FERTILIZER WITHOUT REGISTRATION, LABELING, OR PAYMENT OF INSPECTION FEE.  (a)  A person commits an offense if the person distributes, conspires to distribute, or causes another person to distribute commercial fertilizer:(1)  that is required to be registered but is not registered in accordance with Subchapter C of this chapter;(2)  that is not labeled in accordance with Subchapter D of this chapter;  or(3)  for which an inspection fee has not been paid in accordance with Subchapter E of this chapter.(b)  An offense under this section is a Class C misdemeanor unless it is shown that the person has previously been convicted of an offense under this subchapter, in which event it is a Class B misdemeanor.|Added by Acts 1983, 68th Leg., p. 1856, art. 1, ch. 349, Sec. 10, eff. Sept. 1, 1983.|
TX Agric Code § 63.145 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 63 - Commercial Fertilizer|Subchapter H. Penalties|Section 63.145. Refusal of Inspection or Sampling

Sec. 63.145.  REFUSAL OF INSPECTION OR SAMPLING.  (a)  A person commits an offense if the person refuses, conspires to refuse, or causes another person to refuse to permit entry, inspection, sampling, or the examination and copying of invoices or transportation records under Subchapter F of this chapter.(b)  An offense under this section is a Class C misdemeanor unless it is shown that the person has previously been convicted of an offense under this subchapter, in which event it is a Class B misdemeanor.|Added by Acts 1983, 68th Leg., p. 1856, ch. 349, art. 1, Sec. 10, eff. Sept. 1, 1983.|
TX Agric Code § 63.146 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 63 - Commercial Fertilizer|Subchapter H. Penalties|Section 63.146. Refusal to Pay Inspection Fee or Submit Records

Sec. 63.146.  REFUSAL TO PAY INSPECTION FEE OR SUBMIT RECORDS.  (a)  A person commits an offense if the person refuses, conspires to refuse, or causes another person to refuse to make records available, furnish reports, permit the examination of records, or pay an inspection fee in accordance with Subchapter E of this chapter.(b)  An offense under this section is a Class C misdemeanor unless it is shown that the person has previously been convicted of an offense under this subchapter, in which event it is a Class B misdemeanor.|Added by Acts 1983, 68th Leg., p. 1856, ch. 349, art. 1, Sec. 10, eff. Sept. 1, 1983.|
TX Agric Code § 63.151 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 63 - Commercial Fertilizer|Subchapter I. Ammonium Nitrate|Section 63.151. Definitions

Sec. 63.151.  DEFINITIONS.  In this subchapter:(1)  "Ammonium nitrate" means ammonium salt of nitric acid that contains more than 33 percent nitrogen, one-half of which is the 50 ammonium form and one-half of which is the nitrate form.(2)  "Ammonium nitrate material" means solid fertilizer that includes ammonium nitrate as a component, if the fertilizer's nitrogen content derived from the ammonium nitrate is at least 28 percent of the fertilizer by weight.(3)  "Ammonium nitrate storage facility" means a facility that stores ammonium nitrate material or ammonium nitrate to be used in ammonium nitrate material and includes the premises on which a facility is located.(4)  "Fire marshal" means the state fire marshal or a local fire marshal, fire chief, or volunteer fire chief having jurisdiction over the area in which an ammonium nitrate storage facility is located.(5)  "Operator" means the person who controls the day-to-day operations of an ammonium nitrate storage facility.|Added by Acts 2007, 80th Leg., R.S., Ch. 483 (H.B. 2546), Sec. 1, eff. September 1, 2007.Amended by: Acts 2015, 84th Leg., R.S., Ch. 515 (H.B. 942), Sec. 1, eff. June 16, 2015.|
TX Agric Code § 63.152 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 63 - Commercial Fertilizer|Subchapter I. Ammonium Nitrate|Section 63.152. Registration Required

Sec. 63.152.  REGISTRATION REQUIRED.  (a)  A person may not produce, store, transfer, offer for sale, or sell ammonium nitrate or ammonium nitrate material unless the person holds a certificate of registration issued by the service under this subchapter.(b)  An application for a registration submitted by an applicant who owns an ammonium nitrate facility must be:(1)  submitted on a form prescribed by the service that includes:(A)  the name, address, and telephone number of each ammonium nitrate facility owned by the applicant; and(B)  the name of the person designated by the applicant as the point of contact for each facility owned by the applicant; and(2)  accompanied by a fee in an amount sufficient to cover the service's costs to administer this subchapter.(c)  A person who engages in the sale of ammonium nitrate or ammonium nitrate material must display the person's registration in conspicuous public view in the person's place of business.|Added by Acts 2007, 80th Leg., R.S., Ch. 483 (H.B. 2546), Sec. 1, eff. September 1, 2007.Amended by: Acts 2009, 81st Leg., R.S., Ch. 120 (H.B. 2527), Sec. 2, eff. September 1, 2009.|
TX Agric Code § 63.153 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 63 - Commercial Fertilizer|Subchapter I. Ammonium Nitrate|Section 63.153. Security Requirements

Sec. 63.153.  SECURITY REQUIREMENTS.  A person who engages in the sale of ammonium nitrate or ammonium nitrate material shall take steps to secure the ammonium nitrate or ammonium nitrate material stored at the person's facility against vandalism, theft, or other unauthorized access, including:(1)  ensuring that a storage facility is fenced or otherwise enclosed and locked when unattended;(2)  inspecting a storage facility daily for signs of vandalism and to verify its structural integrity; and(3)  establishing and maintaining ongoing inventory control procedures for the ammonium nitrate or ammonium nitrate material.|Added by Acts 2007, 80th Leg., R.S., Ch. 483 (H.B. 2546), Sec. 1, eff. September 1, 2007.|
TX Agric Code § 63.154 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 63 - Commercial Fertilizer|Subchapter I. Ammonium Nitrate|Section 63.154. Sale of Ammonium Nitrate

Sec. 63.154.  SALE OF AMMONIUM NITRATE.  (a)  Before completing a sale of ammonium nitrate or ammonium nitrate material, a person that engages in those sales shall:(1)  require the person making the purchase to:(A)  display a driver's license or other form of identification containing the person's photograph;(B)  provide the other personal information required by Subdivision (2); and(C)  sign for the purchase; and(2)  make a record of the sale, including:(A)  the name of the person making the purchase;(B)  the date of the purchase;(C)  the purchaser's address, date of birth, and phone number;(D)  the form of identification the purchaser presented;(E)  whether the purchase is being made on behalf of another person; and(F)  the amount and brand name of the ammonium nitrate or ammonium nitrate material purchased.(b)  The service shall:(1)  adopt rules allowing a person to refuse to sell ammonium nitrate or ammonium nitrate material based on the season or the location of the sale; and(2)  distribute forms to each person registered under this subchapter to be used to record the information required under Subsection (a).|Added by Acts 2007, 80th Leg., R.S., Ch. 483 (H.B. 2546), Sec. 1, eff. September 1, 2007.|
TX Agric Code § 63.155 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 63 - Commercial Fertilizer|Subchapter I. Ammonium Nitrate|Section 63.155. Maintenance of Records

Sec. 63.155.  MAINTENANCE OF RECORDS.  A person who offers to sell or sells ammonium nitrate or ammonium nitrate material shall maintain each record made under Section 63.154 until at least the second anniversary of the date the record is made and shall make each record only available on request by:(1)  the Office of the Texas State Chemist;(2)  the Department of Public Safety; or(3)  a law enforcement agency of the United States.|Added by Acts 2007, 80th Leg., R.S., Ch. 483 (H.B. 2546), Sec. 1, eff. September 1, 2007.|
TX Agric Code § 63.156 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 63 - Commercial Fertilizer|Subchapter I. Ammonium Nitrate|Section 63.156. Suspension of Registration

Sec. 63.156.  SUSPENSION OF REGISTRATION.  If the service finds that a person registered under this subchapter offered to sell or sold ammonium nitrate or ammonium nitrate material in violation of this subchapter or a rule adopted under this subchapter, the service may:(1)  suspend a person's registration for a period of 90 days for a first violation; and(2)  suspend a person's registration for a period of at least 90 days or revoke the person's registration for a second or subsequent violation.|Added by Acts 2007, 80th Leg., R.S., Ch. 483 (H.B. 2546), Sec. 1, eff. September 1, 2007.|
TX Agric Code § 63.157 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle A - Seed and Fertilizer|Chapter 63 - Commercial Fertilizer|Subchapter I. Ammonium Nitrate|Section 63.157. Criminal Penalty

Sec. 63.157.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person:(1)  tampers with ammonium nitrate or ammonium nitrate material stored on the property of another; or(2)  presents false identification to purchase ammonium nitrate or ammonium nitrate material.(b)  A person commits an offense if the person purchases ammonium nitrate or ammonium nitrate material with the intent to manufacture an explosive device.(c)  A person commits an offense if the person offers to sell or sells ammonium nitrate or ammonium nitrate material and does not hold a registration issued under this subchapter.(d)  An offense under Subsection (a) or (c) is a Class A misdemeanor.(e)  An offense under Subsection (b) is a felony of the third degree.(f)  It is an exception to the application of Subsection (b) that the person holds a permit or license issued under 18 U.S.C. Section 843.(g)  If conduct constituting an offense under this section is also an offense under another law, the actor may be prosecuted under this section, the other law, or both.|Added by Acts 2007, 80th Leg., R.S., Ch. 483 (H.B. 2546), Sec. 1, eff. September 1, 2007.|
TX Agric Code § 71.001 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter A. Inspections; Quarantines; Control and Eradication Zones|Section 71.001. Quarantines Against Out-of-State Diseases and Pests

Sec. 71.001.  QUARANTINES AGAINST OUT-OF-STATE DISEASES AND PESTS.  If the department determines that a dangerous insect pest or plant disease new to and not widely distributed in this state exists in any area outside the state, the department shall establish a quarantine against the infested area at the boundaries of the state or in other areas within the state.|Acts 1981, 67th Leg., p. 1151, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 71.002 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter A. Inspections; Quarantines; Control and Eradication Zones|Section 71.002. Quarantines Against In-State Diseases and Pests

Sec. 71.002.  QUARANTINES AGAINST IN-STATE DISEASES AND PESTS.  If the department determines that a dangerous insect pest or plant disease not widely distributed in this state exists within an area of the state, the department shall quarantine the infested area.|Acts 1981, 67th Leg., p. 1151, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 71.003 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter A. Inspections; Quarantines; Control and Eradication Zones|Section 71.003. Quarantines Around Pest-Free Areas

Sec. 71.003.  QUARANTINES AROUND PEST-FREE AREAS.  (a)  If the department determines that an insect pest or plant disease of general distribution in this state does not exist in an area, the department may declare the area pest-free and quarantine surrounding areas.(b)  Venue for a case arising under this section is in a county contained in the pest-free area.|Acts 1981, 67th Leg., p. 1151, ch. 388, Sec. 1, eff. Sept. 1, 1981.|
TX Agric Code § 71.004 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter A. Inspections; Quarantines; Control and Eradication Zones|Section 71.004. Emergency Quarantines

Sec. 71.004.  EMERGENCY QUARANTINES.  (a)  The department may establish an emergency quarantine without notice and public hearing if the department determines that a public emergency exists in which there is the likelihood of introduction or dissemination of an insect pest or plant disease that is dangerous to the interests of horticulture and agriculture in this state.(b)  The department may establish the emergency quarantine at the boundaries of the state or in other areas within the state.(c)  The emergency quarantine and rules adopted in order to prevent the introduction or spread of the pest or disease are effective immediately on establishment or adoption.(d)  An emergency quarantine shall be established in accordance with the provisions related to emergency rulemaking in Chapter 2001, Government Code.|Acts 1981, 67th Leg., p. 1151, ch. 388, Sec. 1, eff. Sept. 1, 1981.Amended by: Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 9.15, eff. September 1, 2009.|
TX Agric Code § 71.005 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter A. Inspections; Quarantines; Control and Eradication Zones|Section 71.005. Movement of Plants From Quarantined Area

Sec. 71.005.  MOVEMENT OF PLANTS FROM QUARANTINED AREA.  (a)  Except as provided by Subsection (b) of this section, the department shall prevent the movement, from a quarantined area into an unquarantined area or pest-free area, of any plant, plant product, or substance capable of disseminating the pest or disease that is the basis for the quarantine or is not found in the pest-free area.(b)  A plant, plant product, or substance prohibited from movement by a quarantine established under Section 71.001, 71.002, or 71.004 of this code may be moved into an unquarantined area if moved under safeguards considered by the department to be adequate to prevent the introduction or spread of the pest or disease into the state or an unquarantined area.(c)  The department may charge a fee, as provided by department rule, for an inspection required for the movement of plants into or out of a quarantined area.|Acts 1981, 67th Leg., p. 1152, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 9.07, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 419, Sec. 2.26, eff. Sept. 1, 1995.|
TX Agric Code § 71.006 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 71 - General Control|Subchapter A. Inspections; Quarantines; Control and Eradication Zones|Section 71.006. Hearing

Sec. 71.006.  HEARING.  (a)  Before quarantining an area under Section 71.001, 71.002, or 71.003 of this code, the chief entomologist of the department and, if appointed, one or more other persons appointed by the commissioner, shall hold a public hearing in a convenient and accessible place in order to investigate the pest or disease and determine if the pest or disease is a menace to a valuable plant or plant product.  The persons conducting the hearing shall take the constitutional oath of office and may administer oaths to take testimony.(b)  The persons conducting the hearing shall record the proceedings and make a written report to the department with findings, and reasons supporting the findings as to:(1)  whether the pest or disease is a menace to an agricultural or horticultural crop;(2)  whether a quarantine is necessary or desirable;  and(3)  if a quarantine is necessary or desirable, the best known means of controlling or exterminating the pest or disease.(c)  Following receipt of the report under Subsection (b) of this section, the department may establish the quarantine and adopt rules as necessary to the protection of the agricultural or horticultural interests of this state.|Acts 1981, 67th Leg., p. 1152, ch. 388, Sec. 1, eff. Sept. 1, 1981.|