reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation › Section 80.012. Contracting

Sec. 80.012.  CONTRACTING.  (a)  For a purchase of goods and services under this chapter, the corporation may purchase goods and services that provide the best value for the corporation.
(b)  In determining the best value for the corporation, the purchase price and whether the goods or services meet specifications are the most important considerations.  However, the corporation may consider other relevant factors, including:
(1)  the quality and reliability of the goods and services;
(2)  the delivery terms;
(3)  indicators of probable vendor performance under the contract, including:
(A)  past vendor performance;
(B)  the vendor's financial resources and ability to perform;
(C)  the vendor's experience or demonstrated capability and responsibility; and
(D)  the vendor's ability to provide reliable maintenance agreements and support;
(4)  the cost of any employee training associated with a purchase; and
(5)  other factors relevant to determining the best value for the corporation in the context of a particular purchase.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation › Section 80.013. Board Member Compensation

Sec. 80.013.  BOARD MEMBER COMPENSATION.  Board members serve without compensation but are entitled to reimbursement for reasonable and necessary expenses incurred in the discharge of their duties.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation › Section 80.014. Discontinuation of Program and Corporation and Disposition of Funds on Discontinuance

Sec. 80.014.  DISCONTINUATION OF PROGRAM AND CORPORATION AND DISPOSITION OF FUNDS ON DISCONTINUANCE.  (a)  On the determination by the corporation that the pest suppression program has been completed in all pest management zones established under this chapter, the corporation shall provide notice of the completion to the commissioner along with a request for discontinuance of the control and suppression program and collection of the assessment.  Any request under this subsection must include documentation supporting the fact that pests are no longer a threat to the state's citrus industry and a plan for discontinuance of the program and assessment.
(b)  The commissioner shall determine whether or not the further suppression of pests is necessary in the pest management zones and approve or disapprove discontinuance of the corporation and the plan for dissolution.
(c)  On completion of the dissolution, the corporation shall file a final report with the commissioner, including a financial report, and submit all remaining funds into the trust of the commissioner.  Final books of the corporation shall be filed with the commissioner and are subject to audit by the department.
(d)  The commissioner shall pay from the corporation's remaining funds all of the corporation's outstanding obligations.
(e)  Funds remaining after payment under Subsection (d) shall be returned to contributing citrus producers on a pro rata basis.
(f)  If 30 percent or more of the citrus producers eligible to vote within a zone participating in the program present to the commissioner a petition calling for a referendum of the qualified voters on the proposition of discontinuing the program, the commissioner shall conduct a referendum for that purpose.
(g)  The commissioner shall give notice of the referendum, the referendum shall be conducted, and the results shall be declared in the manner provided by law for the original referendum and election, with any necessary exceptions provided by rule of the commissioner.
(h)  The commissioner shall conduct the referendum before the 90th day after the date the petition was filed, except that a referendum may not be held before the second anniversary of any other referendum in the pest management zone pertaining to establishing or discontinuing the pest management zone.
(i)  Approval of the proposition requires the same vote as required in a referendum under Section 80.016(g).  If the proposition is approved, the suppression program is abolished and the pest management zone ceases to exist on payment of all debts of the pest management zone.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 29 (S.B. 1749), Sec. 6, eff. September 1, 2015.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation › Section 80.015. Assessment Referenda

Sec. 80.015.  ASSESSMENT REFERENDA.  (a)  The commissioner shall propose the assessment needed in each pest management zone to ensure the stability of the citrus industry by suppressing the public nuisance caused by pests.
(b)  The commissioner shall propose in a referendum the:
(1)  maximum assessment to be paid by citrus producers in the pest management zone; and
(2)  time for which the assessment will be made.
(c)  With the commissioner's approval, the corporation may make an assessment in a pest management zone at a level less than the assessment approved by the referendum.
(d)  The commissioner shall conduct an assessment referendum under the procedures provided by Section 80.016.
(e)  If an assessment referendum is approved, the corporation may collect the assessment.
(f)  An assessment levied on citrus producers in a pest management zone may be applied only to:
(1)  pest control in that zone;
(2)  the corporation's operating costs, including payments on debt incurred for a corporation activity, except that the funds of one zone may not be used to pay another zone's bank loans or debts; and
(3)  the conducting of other programs consistent with the declaration of policy stated in Section 80.001.
(g)  The assessment shall be adequate and necessary to achieve the goals of this chapter.  The amount of the assessment shall be determined by criteria established by the commissioner, including:
(1)  the extent of infestation;
(2)  the amount of acreage planted;
(3)  historical efforts to suppress;
(4)  the growing season;
(5)  epidemiology;
(6)  historical weather conditions; and
(7)  the costs and financing of the program.
(h)  The commissioner shall give notice of and hold a public hearing in the pest management zone regarding the proposed assessment referendum.  Before the referendum, the commissioner shall review and approve:
(1)  the amount of the assessment;
(2)  the basis for the assessment;
(3)  the time for payment of the assessment;
(4)  the method of allocation of the assessment among citrus producers;
(5)  the restructuring and repayment schedule for any preexisting debt; and
(6)  the amount of debt to be incurred in the pest management zone.
(i)  The commissioner shall on a zone-by-zone basis set the date on which assessments are due and payable.
(j)  Each year, the commissioner shall review and approve the corporation's operating budget.
(k)  The corporation shall prepare and mail billing statements to each citrus producer subject to the assessment that state the amount due and the due date.  The assessments shall be sent to the corporation.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 5.02, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 29 (S.B. 1749), Sec. 7, eff. September 1, 2015.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation › Section 80.016. Conduct of Board Elections and Referenda; Balloting

Sec. 80.016.  CONDUCT OF BOARD ELECTIONS AND REFERENDA; BALLOTING.  (a)  The commissioner shall conduct a referendum or board election authorized under this chapter.
(b)  The corporation shall bear all expenses incurred in conducting a referendum or board election.
(c)  The commissioner shall adopt rules for voting in board elections and referenda to establish pest management zones.  Rules adopted under this subsection must include provisions for determining:
(1)  who is a citrus producer eligible to vote in an election or referendum;
(2)  whether a board member is elected by a plurality or a majority of the votes cast; and
(3)  the area from which each board member is elected.
(d)  A citrus producer in a proposed or established pest management zone is entitled to:
(1)  vote in a referendum concerning the pest management zone; and
(2)  elect board members to represent the pest management zone.
(e)  An eligible citrus producer may vote only once in a referendum or board election.
(f)  Ballots in a referendum or board election shall be mailed directly to a central location, as determined by the commissioner.  A citrus producer eligible to vote in a referendum or board election who has not received a ballot from the commissioner, corporation, or another source shall be offered the option of requesting a ballot by mail or obtaining a ballot at the office of the Texas AgriLife Extension Service or a government office distributing ballots in a county in the proposed or established zone in which the referendum or board election is conducted.
(g)  A referendum is approved if:
(1)  at least two-thirds of those voting vote in favor of the referendum; or
(2)  those voting in favor of the referendum cultivate more than 50 percent, as determined by the commissioner, of the citrus acreage in the relevant pest management zone.
(h)  If a referendum under this chapter is not approved, the commissioner may conduct another referendum.  A referendum under this subsection may not be held before the first anniversary of the date on which the previous referendum on the same issue was held.
(i)  A public hearing regarding the proposed suppression program, including information regarding regulations to be promulgated by the commissioner, may be held by the commissioner in each of several locations in each pest management zone.
(j)  Individual voter information, including an individual's vote in a referendum or board election conducted under this section, is confidential and is not subject to disclosure under Chapter 552, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 5.03, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 29 (S.B. 1749), Sec. 8, eff. September 1, 2015.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation › Section 80.018. Exemption From Assessment Penalties

Sec. 80.018.  EXEMPTION FROM ASSESSMENT PENALTIES.  (a)  The commissioner by rule shall adopt criteria to exempt from payment of an assessment penalty under Section 80.017 a citrus producer for whom payment would impose an undue financial burden.
(b)  A citrus producer is not eligible for an exemption under this section for a year in which the amount computed by subtracting the assessments and penalties due under this chapter from the citrus producer's net income subject to federal income taxation in the previous year is greater than $15,000.
(c)  A citrus producer who applies for an exemption under this section must use a form prescribed by the commissioner.  A citrus producer must file a separate application form for each year for which the citrus producer claims an exemption.
(d)  The commissioner may establish a payment plan for a citrus producer applying for an exemption under this section.
(e)  The commissioner shall promptly notify an applicant of the determination regarding the applicant's request for an exemption.
(f)  If an exemption under this section is denied, assessments and penalties for the year for which the application is made are due on the later of:
(1)  the date on which they would be due in the absence of an application for exemption; or
(2)  30 days after the date the applicant receives notice of the denial.
(g)  In addition to the authority provided under Subsections (a)-(f), the commissioner may reduce or waive an assessment penalty as appropriate and necessary.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation › Section 80.019. Entry of Premises; Suppression Activities; Inspections

Sec. 80.019.  ENTRY OF PREMISES; SUPPRESSION ACTIVITIES; INSPECTIONS.  The department, the corporation, or a designated representative of either entity may enter citrus groves or other premises to carry out the purposes of this chapter, which include the treatment and monitoring of growing citrus or other host plants.  The department, the corporation, or a designated representative of either entity may inspect groves or premises in this state for the purpose of determining whether the property is infested with pests.  An inspection must be conducted during reasonable daylight hours.  The department shall give notice by publication of the planned schedule of dates for entry by the department, the corporation, or a designated representative of either entity, to the owner or occupant of the groves or premises to carry out the purposes of this chapter, including treatment, monitoring, or inspection functions.  The department shall publish notice of the planned schedule to enter the groves or premises in a newspaper of general circulation in the pest management zone not less than once a week for two weeks immediately before the scheduled dates of entry.  In addition to the notice published by the department, the corporation shall post notice of the planned schedule to enter groves or premises to carry out the purposes of this chapter at the county courthouse of each county in the pest management zone not later than the 15th day before the planned dates of entry.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 29 (S.B. 1749), Sec. 9, eff. September 1, 2015.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation › Section 80.020. Authority to Prohibit Planting of Citrus and Require Participation in Suppression Program

Sec. 80.020.  AUTHORITY TO PROHIBIT PLANTING OF CITRUS AND REQUIRE PARTICIPATION IN SUPPRESSION PROGRAM.  (a)  The commissioner may adopt reasonable rules regarding areas where citrus may not be planted in a pest management zone if there is reason to believe planting will jeopardize the success of the program or present a hazard to public health or safety.
(b)  The commissioner may adopt rules requiring all growers of citrus in a pest management zone to participate in a pest suppression program and growers of commercial citrus to participate in pest and disease management programs that include cost sharing as required by the rules.
(c)  Notice of a prohibition or requirement shall be given by publication for one day each week for three successive weeks in a newspaper having general circulation in the affected area.
(d)  The commissioner may adopt a reasonable schedule of penalty fees to be assessed against growers in a designated pest management zone who do not meet the requirements of the rules issued by the commissioner relating to reporting of acreage and participation in cost sharing.  A penalty fee may not exceed $50 per acre.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 29 (S.B. 1749), Sec. 10, eff. September 1, 2015.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation › Section 80.021. Authority for Destruction or Treatment of Citrus in Pest Management Zones; Compensation Payable

Sec. 80.021.  AUTHORITY FOR DESTRUCTION OR TREATMENT OF CITRUS IN PEST MANAGEMENT ZONES; COMPENSATION PAYABLE.  The department may destroy or treat, and establish procedures for the purchase and destruction of, citrus plants or hosts in pest management zones if the department determines the action is necessary to carry out the purposes of this chapter.  The department is not liable to the owner or lessee for the destruction of or injury to any citrus that was planted in a pest management zone after the date notice is published as required by this chapter.  The corporation is liable for the destruction of citrus if the citrus was planted in a pest management zone before the date that notice is published.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation › Section 80.022. Authority to Adopt Rules

Sec. 80.022.  AUTHORITY TO ADOPT RULES.  (a)  The commissioner shall adopt rules to protect individuals, livestock, wildlife, and honeybee colonies on any premises in a pest management zone on which citrus plants are being grown that have been or are being treated to control or suppress pests.
(b)  Rules adopted under this section shall establish the criteria by which the corporation develops its procedures and methods of treatment, which shall:
(1)  establish a methodology for determining when pest population levels have reached economic significance or when disease is present;
(2)  establish an effective treatment regimen that seeks to provide the least possible risk to workers, the public, and the environment;
(3)  minimize the effects of the use of pesticides on long-term control methods, including but not limited to the effect a particular pesticide may have on biological controls;
(4)  establish methods for monitoring pests;
(5)  establish methods for verifying pesticide use reduction; and
(6)  consider the acute and chronic toxicity of particular pesticides and the quantity of particular pesticides needed.  Pest management zone treatment plans may take into account the potential for the use of smaller quantities of more toxic substances to result in fewer health and environmental risks than larger quantities of less toxic substances.
(c)  The commissioner may adopt other reasonable rules necessary to carry out the purposes of this chapter.  All rules issued under this chapter must be adopted and published in accordance with the laws of this state.
(d)  An advisory committee may be established to assist the commissioner in the development of rules under this section.  The advisory committee may be composed of:
(1)  three citrus producers from the commercial citrus growing area of the state, appointed by the commissioner;
(2)  three entomologists with knowledge of the principles of integrated pest management, at least one of whom has special knowledge of nonchemical or biological pest control, appointed by the commissioner;
(3)  two individuals with experience representing the general interests of the environment, appointed by the chair of the Texas Commission on Environmental Quality;
(4)  an environmental engineer with expert knowledge of ground and surface water protection from contamination, appointed by the chair of the Texas Commission on Environmental Quality; and
(5)  a toxicologist, appointed by the commissioner of state health services.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 29 (S.B. 1749), Sec. 11, eff. September 1, 2015.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation › Section 80.023. Reports

Sec. 80.023.  REPORTS.  Each person in an active pest management zone growing citrus in this state shall furnish to the corporation on forms supplied by the corporation information that the corporation requires concerning the size and location of all commercial citrus orchards and of noncommercial citrus grown for ornamental or other purposes.  The corporation may provide an incentive for early and timely reporting.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation › Section 80.024. Documenting Regulated Articles

Sec. 80.024.  DOCUMENTING REGULATED ARTICLES.  To implement this chapter, the department may issue or authorize issuance of:
(1)  a certificate that indicates that a regulated article is not infested with pests; and
(2)  a permit that provides for the movement of a regulated article to a restricted destination for limited handling, use, or processing.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 29 (S.B. 1749), Sec. 12, eff. September 1, 2015.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation › Section 80.025. Cooperative Programs Authorized

Sec. 80.025.  COOPERATIVE PROGRAMS AUTHORIZED.  (a)  The corporation may carry out programs to destroy and manage pests in this state by cooperating through written agreements, as approved by the commissioner, with:
(1)  an agency of the federal government;
(2)  a state agency;
(3)  an appropriate agency of a foreign country contiguous to the affected area to the extent allowed by federal law;
(4)  a person who is engaged in growing, processing, marketing, or handling citrus;
(5)  a group of persons in this state involved in similar programs to carry out the purposes of this chapter; or
(6)  an appropriate state agency of another state contiguous to the affected area, to the extent allowed by federal law, the law of the contiguous state, and the law of this state.
(b)  An agreement entered into under this section may provide for cost sharing and for division of duties and responsibilities under this chapter and may include other provisions to carry out the purposes of this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 29 (S.B. 1749), Sec. 13, eff. September 1, 2015.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation › Section 80.026. Organic Citrus Producers

Sec. 80.026.  ORGANIC CITRUS PRODUCERS.  (a)  The commissioner shall develop rules and procedures to:
(1)  protect the eligibility of organic citrus producers to be certified by the commissioner;
(2)  ensure that organic and transitional certifications by the commissioner continue to meet national certification standards in order for organic citrus to maintain international marketability; and
(3)  in all events maintain the effectiveness of the pest suppression program and disease management administered under this chapter.
(b)  The board may not treat or require treatment of organic citrus groves with chemicals that are not approved for use on certified organic citrus.  Rules adopted under Subsection (a) may provide indemnity for the organic citrus producers for reasonable losses that result from a prohibition of production of organic citrus or from any requirement of destruction of organic citrus.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 29 (S.B. 1749), Sec. 14, eff. September 1, 2015.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation › Section 80.027. Penalties

Sec. 80.027.  PENALTIES.  (a)  A person who violates this chapter or a rule adopted under this chapter or who alters, forges, counterfeits, or uses without authority a certificate, permit, or other document issued under this chapter or under a rule adopted under this chapter commits an offense.
(b)  An offense under this section is a Class C misdemeanor.
(c)  If the commissioner determines that a violation of this chapter or a rule adopted under this chapter has occurred, the commissioner may request that the attorney general or the county or district attorney of the county in which the alleged violation occurred or is occurring file suit for civil, injunctive, or other appropriate relief.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation › Section 80.028. Dissolution Provision

Sec. 80.028.  DISSOLUTION PROVISION.  (a)   The commissioner may order the dissolution of the corporation at any time the commissioner determines that the purposes of this chapter have been fulfilled or that the corporation is inoperative and abandoned.  Dissolution shall be conducted in accordance with Section 80.014.
(b)  If the corporation or the suppression program is discontinued for any reason, assessments approved, levied, or otherwise collectible on the date of discontinuance remain valid as necessary to pay the financial obligations of the corporation.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 7.01, eff. June 17, 2011.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation › Section 80.029. Annual Report

Sec. 80.029.  ANNUAL REPORT.  The board shall issue to the commissioner and the appropriate oversight committee in the house of representatives an annual report detailing its efforts to carry out the purposes of this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation › Section 80.030. Exemption From Taxation

Sec. 80.030.  EXEMPTION FROM TAXATION.  All payments, contributions, funds, and assessments received or held by the corporation under this chapter are exempt from state or local taxation, levies, sales, and any other process and are unassignable.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation › Section 80.031. Use of Bio-Intensive Controls

Sec. 80.031.  USE OF BIO-INTENSIVE CONTROLS.  (a)  The commissioner shall develop and adopt rules to allow a citrus producer in a suppression program to use biological, botanical, or other nonsynthetic pest control methods.  In developing rules, the commissioner shall consider:
(1)  scientific studies and field trials of the effectiveness of a proposed alternative control method;
(2)  the feasibility of using a proposed alternative control technique within a particular region;
(3)  the degree of monitoring necessary to establish the success of the use of a proposed alternative control; and
(4)  methods to prevent the use of substances that would impede the use of alternative controls and the promotion of beneficial insect populations.
(b)  A citrus producer that chooses to use an alternative method of control as provided in Subsection (a) shall notify the board.  The board and the citrus producer shall coordinate their actions to prevent the use of substances that would impede the use of alternative controls and the promotion of beneficial insect populations.
(c)  The citrus producer shall pay any additional cost of bio-intensive control in addition to any assessment.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation › Section 80.032. Venue

Sec. 80.032.  VENUE.  Venue for an action arising out of this chapter in which the corporation is a party is in Travis County.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle C - Grading, Packing, and Inspecting Horticultural Products › Chapter 91 - General Grades and Packs of Fruits and Vegetables › Subchapter A. General Provisions › Section 91.001. Department to Administer

Sec. 91.001.  DEPARTMENT TO ADMINISTER.  (a)  The department shall administer this chapter and adopt rules necessary for its enforcement.
(b)  The department may employ an assistant commissioner and other personnel to supervise the operation of an inspection service to carry out a cooperative agreement under Section 91.005 of this code.
Acts 1981, 67th Leg., p. 1220, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1993, 73rd Leg., ch. 323, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle C - Grading, Packing, and Inspecting Horticultural Products › Chapter 91 - General Grades and Packs of Fruits and Vegetables › Subchapter A. General Provisions › Section 91.002. Compliance With Standards

Sec. 91.002.  COMPLIANCE WITH STANDARDS.  Grades and packs of fruits and vegetables must meet the standards established by this chapter.
Acts 1981, 67th Leg., p. 1221, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle C - Grading, Packing, and Inspecting Horticultural Products › Chapter 91 - General Grades and Packs of Fruits and Vegetables › Subchapter A. General Provisions › Section 91.003. Inspection Service

Sec. 91.003.  INSPECTION SERVICE.  (a)  To carry out a cooperative agreement entered into under Section 91.005 of this code, the department may supervise the operation of a joint state-federal inspection service. The terms of the cooperative agreement govern the operation of the inspection service, appointment of inspectors, and manner of conducting inspections, however no provision of the inspection service agreement may be in violation of state law.
(b)  An individual appointed as an inspector or to work in another capacity with an inspection service under Subsection (a) of this section is performing work for the state under the supervision of the department and is a member of the employee class of the Employees Retirement System of Texas under Section 812.003, Government Code.
Acts 1981, 67th Leg., p. 1221, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1993, 73rd Leg., ch. 323, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle C - Grading, Packing, and Inspecting Horticultural Products › Chapter 91 - General Grades and Packs of Fruits and Vegetables › Subchapter A. General Provisions › Section 91.004. Certificate of Inspection

Sec. 91.004.  CERTIFICATE OF INSPECTION.  (a)  The department shall furnish certificates of inspection or other forms to evidence that an official inspection has been made.  The department may issue a joint state-federal inspection certificate for an inspection conducted under a cooperative agreement entered into under Section 91.005 of this code.
(b)  A certificate of inspection issued under this section is prima facie evidence of the grade, classification, pack, or other standard requirements of the fruits, nuts, or vegetables as of the time of inspection.
Acts 1981, 67th Leg., p. 1221, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1993, 73rd Leg., ch. 323, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle C - Grading, Packing, and Inspecting Horticultural Products › Chapter 91 - General Grades and Packs of Fruits and Vegetables › Subchapter A. General Provisions › Section 91.005. Cooperative Agreements

Sec. 91.005.  COOPERATIVE AGREEMENTS.  (a)  The department may enter into cooperative agreements with the United States Department of Agriculture, or with any Texas firm, corporation, or association to carry out shipping point and receiving market inspections under the Agricultural Marketing Act of 1946 (7 U.S.C. Section 1621 et seq.).  An agreement also may provide for the certification of grades of fruits, nuts, and vegetables under this chapter.
(b)  The department also may enter into cooperative agreements with the United States Department of Agriculture or with federal administrative committees established by the United States Department of Agriculture under the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. Section 671 et seq.) to administer and enforce marketing orders and programs.
(c)  In addition to the grades established by this chapter, the department may adopt the United States standards for the fruits, nuts, and vegetables grown in this state by entering into a cooperative agreement with the United States Department of Agriculture under the Agricultural Marketing Act of 1946 (7 U.S.C. Section 1621 et seq.), or the department may adopt rules concerning the grades, grading, or regulation of fruits, nuts, and vegetables.
Acts 1981, 67th Leg., p. 1221, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1993, 73rd Leg., ch. 323, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle C - Grading, Packing, and Inspecting Horticultural Products › Chapter 91 - General Grades and Packs of Fruits and Vegetables › Subchapter A. General Provisions › Section 91.0051. Funding of a Cooperative Inspection

Sec. 91.0051.  FUNDING OF A COOPERATIVE INSPECTION.  (a)  The legislature may not appropriate funds for the operation of an inspection service organized to carry out a cooperative agreement under this chapter.  The legislature may appropriate funds necessary for the department to employ personnel to supervise an inspection service.
(b)  Inspection activities conducted under a cooperative agreement under this chapter shall be self-financing.  The department shall charge fees to a person who receives inspection services under a cooperative agreement.
(c)  The department shall set fees at amounts that are approximately equal to the cost of providing inspection services.
(d)  Notwithstanding any other provision of law, the department shall hold and disburse the fees collected under this chapter under the terms of the cooperative agreement governing the inspection activities for which the fees were collected.
Added by Acts 1993, 73rd Leg., ch. 323, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle C - Grading, Packing, and Inspecting Horticultural Products › Chapter 91 - General Grades and Packs of Fruits and Vegetables › Subchapter A. General Provisions › Section 91.006. Culls

Sec. 91.006.  CULLS.  (a)  Fruits and vegetables that are too small, ill-shaped, or poor in general quality to meet the standards of this chapter for any other grade are culls.
(b)  A person may not ship culls unless the culls are marked "culls" and placed in a separate consignment from other fruits and vegetables.
Acts 1981, 67th Leg., p. 1221, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle C - Grading, Packing, and Inspecting Horticultural Products › Chapter 91 - General Grades and Packs of Fruits and Vegetables › Subchapter A. General Provisions › Section 91.007. Package Markings

Sec. 91.007.  PACKAGE MARKINGS.  A package of fruits or vegetables for which a grade is established under this chapter that is offered for sale or prepared for shipment shall be plainly marked with:
(1)  the grade of the fruit or vegetable;  and
(2)  the name and post office address of the shipper.
Acts 1981, 67th Leg., p. 1221, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle C - Grading, Packing, and Inspecting Horticultural Products › Chapter 91 - General Grades and Packs of Fruits and Vegetables › Subchapter A. General Provisions › Section 91.008. Penalty

Sec. 91.008.  PENALTY.  (a)  A person commits an offense if, as a grower, shipper's agent, packer, or representative of a transportation company, the person:
(1)  refuses to allow an inspection under this chapter of fruits or vegetables that are packed or ready for shipment;  or
(2)  violates a provision of this chapter.
(b)  An offense under this section is a Class C misdemeanor.
Acts 1981, 67th Leg., p. 1222, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 107, eff. Sept. 1, 1989.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle C - Grading, Packing, and Inspecting Horticultural Products › Chapter 91 - General Grades and Packs of Fruits and Vegetables › Subchapter A. General Provisions › Section 91.009. Coordination of Produce Safety

Sec. 91.009.  COORDINATION OF PRODUCE SAFETY.  (a)  The department is the lead agency for the administration, implementation, and enforcement of, and education and training relating to, the United States Food and Drug Administration Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption (21 C.F.R. Part 112) or any successor federal produce safety rule or standard.
(a-1)  The department shall assist the fresh fruit and vegetable industries with produce safety issues and may provide assistance to federal agencies in their implementation of guidelines relating to sound agricultural practices.
(b)  The department shall coordinate and plan training and awareness programs for producers and packers of fresh fruits and vegetables. A program under this subsection must inform and educate producers and packers regarding:
(1)  sound agricultural practices;
(2)  proper produce handling procedures;
(3)  the prevention of accidental or deliberately planned outbreaks of disease; and
(4)  the enhancement of overall produce safety.
(c)  The department shall coordinate the planning and implementation of programs required by Subsection (b) with:
(1)  colleges and universities in this state;
(2)  the Texas A&M AgriLife Extension Service;
(3)  Texas A&M AgriLife Research;
(4)  the Department of State Health Services;
(5)  private industry; and
(6)  nongovernmental organizations.
(c-1)  The department may enter into a cooperative agreement, interagency agreement, grant agreement, or memorandum of understanding with a federal or state agency for the administration, implementation, or enforcement of this section.
(d)  The department may adopt rules to administer, implement, and enforce this section. In the development of rules under this section, the department may consider relevant state, federal, or national standards and may consult with federal or state agencies.
Added by Acts 2009, 81st Leg., R.S., Ch. 184 (H.B. 1908), Sec. 2, eff. May 27, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 896 (H.B. 3227), Sec. 2, eff. June 15, 2017.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle C - Grading, Packing, and Inspecting Horticultural Products › Chapter 91 - General Grades and Packs of Fruits and Vegetables › Subchapter B. Container Standards › Section 91.021. Compliance With Standards

Sec. 91.021.  COMPLIANCE WITH STANDARDS.  Containers used for the shipment of fruits or vegetables must meet the minimum standards established by this subchapter.
Acts 1981, 67th Leg., p. 1222, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle C - Grading, Packing, and Inspecting Horticultural Products › Chapter 91 - General Grades and Packs of Fruits and Vegetables › Subchapter B. Container Standards › Section 91.022. Bushel Basket

Sec. 91.022.  BUSHEL BASKET.  A bushel basket must contain at least 2,150.4 cubic inches in the basket proper, regardless of the construction of the lid.
Acts 1981, 67th Leg., p. 1222, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle C - Grading, Packing, and Inspecting Horticultural Products › Chapter 91 - General Grades and Packs of Fruits and Vegetables › Subchapter B. Container Standards › Section 91.023. Four-Basket Crate

Sec. 91.023.  FOUR-BASKET CRATE.  (a)  Each basket in a four-basket crate must be 5 by 8 inches at the bottom, 6 by 10 inches at the top, and 4 inches deep, must contain at least 201.6 cubic inches, and must hold at least three quarts dry measure.
(b)  The heads of the crate must be 4-1/2 by 11 inches at the bottom, 13 inches long at the top, and at least 7/16 of an inch thick.
(c)  The veneer or boards on the bottom, sides, and top must be at least 4-1/2, 4, and 5-1/2 inches wide, respectively, at least 1/7 of an inch thick, and 22 inches long.
(d)  Crates and baskets must be made of good quality, substantial material.  Both crates and baskets must be strong enough to withstand the usual strain of transportation and handling.
Acts 1981, 67th Leg., p. 1222, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle C - Grading, Packing, and Inspecting Horticultural Products › Chapter 91 - General Grades and Packs of Fruits and Vegetables › Subchapter B. Container Standards › Section 91.024. Six-Basket Crate

Sec. 91.024.  SIX-BASKET CRATE.  Each basket in a six-basket crate must contain at least 268.8 cubic inches.
Acts 1981, 67th Leg., p. 1222, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle C - Grading, Packing, and Inspecting Horticultural Products › Chapter 91 - General Grades and Packs of Fruits and Vegetables › Subchapter B. Container Standards › Section 91.025. Folding Onion Crate

Sec. 91.025.  FOLDING ONION CRATE.  A folding onion crate must be at least 19-5/8 inches long, 11-3/16 inches wide, and 9-3/16 inches deep, as measured on the inside, and must contain at least 2,154.4 cubic inches.
Acts 1981, 67th Leg., p. 1222, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle C - Grading, Packing, and Inspecting Horticultural Products › Chapter 91 - General Grades and Packs of Fruits and Vegetables › Subchapter B. Container Standards › Section 91.026. Berry Box or Crate

Sec. 91.026.  BERRY BOX OR CRATE.  (a)  A quart berry box or crate must hold at least 24 quart baskets, each of which must contain at least 67.2 cubic inches dry measure.
(b)  A pint berry box or crate must hold at least 24 pint baskets, each of which must contain at least 33.6 cubic inches dry measure.
Acts 1981, 67th Leg., p. 1222, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle C - Grading, Packing, and Inspecting Horticultural Products › Chapter 91 - General Grades and Packs of Fruits and Vegetables › Subchapter C. Peach Grades and Packs › Section 91.041. Grades

Sec. 91.041.  GRADES.  The standard peach grades are fancy, choice or No. 1, and No. 2.
Acts 1981, 67th Leg., p. 1223, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle C - Grading, Packing, and Inspecting Horticultural Products › Chapter 91 - General Grades and Packs of Fruits and Vegetables › Subchapter C. Peach Grades and Packs › Section 91.042. Fancy Grade

Sec. 91.042.  FANCY GRADE.  (a)  Fancy peaches:
(1)  are medium to large in size;
(2)  have good color for the variety;  and
(3)  are firm and sound, or are properly mature for shipment to a distant market.
(b)  Fancy peaches shall be carefully picked and closely packed in bushel baskets or in four-basket or six-basket crates.
Acts 1981, 67th Leg., p. 1223, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle C - Grading, Packing, and Inspecting Horticultural Products › Chapter 91 - General Grades and Packs of Fruits and Vegetables › Subchapter C. Peach Grades and Packs › Section 91.043. Choice or No

Sec. 91.043.  CHOICE OR NO. 1 GRADE.  (a)  Choice or No. 1 Grade peaches are:
(1)  average in size and color for the variety;
(2)  sound and firm, or properly mature for shipment to a distant market;  and
(3)  practically free of blemishes.
(b)  Choice or No. 1 Grade peaches shall be carefully picked and closely packed in bushel baskets or in four-basket or six-basket crates.
Acts 1981, 67th Leg., p. 1223, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle C - Grading, Packing, and Inspecting Horticultural Products › Chapter 91 - General Grades and Packs of Fruits and Vegetables › Subchapter C. Peach Grades and Packs › Section 91.044. No

Sec. 91.044.  NO. 2 GRADE.  Number 2 Grade peaches are all peaches that are not good enough for No. 1 Grade but are sound, suitable for market, and appropriate for reasonably distant shipment.  A No. 2 Grade peach may have slight defects, including:
(1)  small size;
(2)  a slightly uneven surface;
(3)  green color;  or
(4)  ripeness.
Acts 1981, 67th Leg., p. 1223, ch. 388, Sec. 1, eff. Sept. 1, 1981.