reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.0203. Negotiated Rulemaking and Alternative Dispute Resolution

Sec. 12.0203.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION.  (a)  The commissioner shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of department rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the department's jurisdiction.
(b)  The department's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The commissioner shall designate a trained person to:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures, as implemented by the department.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 8.03, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.0204. Advisory Committees

Sec. 12.0204.  ADVISORY COMMITTEES.  (a)  The department by rule may establish advisory committees to make recommendations to the department on programs, rules, and policies administered by the department.
(b)  In establishing an advisory committee under this section, the department shall adopt rules, including rules regarding:
(1)  the purpose, role, responsibility, goals, and duration of the committee;
(2)  the size of and quorum requirement for the committee;
(3)  qualifications for committee membership;
(4)  appointment procedures for members;
(5)  terms of service for members;
(6)  training requirements for members;
(7)  policies to avoid conflicts of interest by committee members;
(8)  a periodic review process to evaluate the continuing need for the committee; and
(9)  policies to ensure the committee does not violate any provisions of Chapter 551, Government Code, applicable to the department or the committee.
Added by Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.0205. Coordination of Consumer Protection Enforcement With Office of Attorney General

Sec. 12.0205.  COORDINATION OF CONSUMER PROTECTION ENFORCEMENT WITH OFFICE OF ATTORNEY GENERAL.  (a)  The department and the office of the attorney general shall enter into a memorandum of understanding to coordinate the enforcement of consumer protection programs.
(b)  The memorandum of understanding shall require the department to communicate with the consumer protection division of the office of the attorney general to identify and avoid potential duplication of effort before taking final disciplinary or enforcement action related to consumer protection.
Added by Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.021. Fee for Phytosanitation Inspection; Issuance of Certificate

Sec. 12.021.  FEE FOR PHYTOSANITATION INSPECTION;  ISSUANCE OF CERTIFICATE.  The department shall collect an inspection fee, as provided by department rule, for a phytosanitation inspection required by foreign countries or other states for agricultural products, processed products, or equipment exported from this state.  The department may issue a phytosanitary certificate on completion of the inspection.
Added by Acts 1985, 69th Leg., ch. 239, Sec. 58, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 2.03, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 52, Sec. 4, eff. May 7, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.022. Authority to Solicit and Accept Gifts, Grants, and Donations

Sec. 12.022.  AUTHORITY TO SOLICIT AND ACCEPT GIFTS, GRANTS, AND DONATIONS.  The department may solicit and accept gifts, grants, and donations of money, services, or property from any person.  Money received by the department under this section may be expended or distributed for any public purpose related to the department's duties.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 11, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 9.02, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.023. Expiration of Registration or Licenses

Sec. 12.023.  EXPIRATION OF REGISTRATION OR LICENSES.  The department by rule shall adopt a system under which registrations or licenses required by the department, including licenses issued under Chapter 1951, Occupations Code, expire on various dates during the year.  The department may increase or decrease the term of an initial or renewal license or registration so that all licenses held by a person or a group of license holders expire on the same date.  For the period in which the registration or license expiration date is changed, registration or license fees shall be prorated on a monthly basis so that each registrant or licensee pays only that portion of the fee that is allocable to the number of months during which the registration or license is valid.  On the next renewal of the registration or license, the total renewal fee is payable.
Added by Acts 1985, 69th Leg., ch. 664, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Sec. 12.021 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(1), eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 12, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 419, Sec. 1.05, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 6.02, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.024. Late Renewal of License or Registration

Sec. 12.024.  LATE RENEWAL OF LICENSE OR REGISTRATION.  (a)  A person who is otherwise eligible to renew a license or registration may renew an unexpired license or registration by paying the required renewal fee to the department before the expiration date of the license or registration.  A person whose license or registration has expired may not engage in activities that require a license or registration until the license or registration has been renewed under the provisions of this section.
(b)  If the person's license or registration has been expired for 90 days or less, the person may renew the license or registration by paying to the department 1-1/2 times the required renewal fee.
(c)  If the person's license or registration has been expired for longer than 90 days but less than one year, the person may renew the license or registration by paying to the department two times the required renewal fee.
(d)  If the person's license or registration has been expired for one year or longer, the person may not renew the license or registration.  The person may obtain a new license or registration by submitting to reexamination, if applicable, and complying with the requirements and procedures for obtaining an original license or registration.
(e)  If the person was licensed or registered in this state, moved to another state, and is currently licensed or registered and has been in practice in the other state for the two years preceding application, the person may renew an expired license or registration without reexamination, if required.  The person must pay to the department a fee that is equal to two times the required renewal fee for the license or registration.
(f)  At least 30 days before the expiration of a person's license or registration, the department shall attempt to send notice of the impending license or registration expiration to the person at the license holder's or registrant's last known e-mail or physical address according to the records of the department.
(g)  The department by rule shall set fees required by this section.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 13, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 419, Sec. 2, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 650, Sec. 3, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 1016, Sec. 10, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 419, Sec. 2.04, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 2.01, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.025. Program Accessibility Plan

Sec. 12.025.  PROGRAM ACCESSIBILITY PLAN.  The department shall comply with federal and state laws related to program and facility accessibility.  The commissioner shall also prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the department's programs and services.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 14, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 1.06, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.026. Public Interest Information

Sec. 12.026.  PUBLIC INTEREST INFORMATION.  (a)  The department shall prepare information of public interest describing the functions of the department and the department's procedures by which complaints are filed with and resolved by the department.  The department shall make the information available to the public and appropriate state agencies.
(b)  The department by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the department for the purpose of directing complaints to the department.  The department may provide for that notification:
(1)  on each registration form, application, or written contract for services of an individual or entity regulated by the department;
(2)  on a sign prominently displayed in the place of business of each individual or entity regulated by the department;  or
(3)  in a bill for service provided by an individual or entity regulated by the department.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 56(2), eff. September 1, 2021.
(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 56(2), eff. September 1, 2021.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 15, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 1.07, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 5, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 56(2), eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.02601. Complaints

Sec. 12.02601.  COMPLAINTS.  (a)  The department shall maintain a system to promptly and efficiently act on complaints filed with the department.  The department shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.
(b)  The department shall make information available describing its procedures for complaint investigation and resolution.
(c)  The department shall periodically notify the complaint parties of the status of the complaint until final disposition unless the notice would jeopardize an investigation.
Added by Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.0261. Administrative Procedure

Sec. 12.0261.  ADMINISTRATIVE PROCEDURE.  The department is subject to Chapter 2001, Government Code.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.08, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.027. Economic Development Program

Sec. 12.027.  ECONOMIC DEVELOPMENT PROGRAM.  (a)  The department shall maintain an economic development program for rural areas in this state.
(b)  In administering the program, the department shall:
(1)  promote economic growth in rural areas;
(2)  identify potential opportunities for business in rural areas and assist rural communities in maximizing those opportunities;
(3)  work with rural communities to identify economic development needs and direct those communities to persons who can address and assist in meeting those needs;
(4)  encourage communication between organizations, industries, and regions to improve economic and community development services to rural areas;
(5)  coordinate meetings with public and private entities to distribute information beneficial to rural areas;
(6)  enter into a memorandum of agreement to work cooperatively with the Texas Economic Development and Tourism Office, the Texas A&M AgriLife Extension Service, and other entities the department deems appropriate to further program objectives; and
(7)  perform any other functions necessary to carry out the program.
(c)  The department may employ personnel to carry out the program.
(d)  The department by rule may charge a membership fee to a participant in the program.
(e)  The department may adopt rules as necessary to administer the program, including rules regarding the use of any state or federally registered trademarks, certification marks, or service marks of the department.
(f)  The department may revoke a participant's certificate of registration or license issued under the program if the participant fails to comply with a rule adopted by the department.
(g)  In addition to the department's authority under Subsection (a), the department may request, accept, and use any gift, grant, loan, donation, aid, appropriation, guaranty, allocation, subsidy, or contribution of any item of value to further an economic development program in this state.
Added by Acts 2001, 77th Leg., ch. 15, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 69 (S.B. 1086), Sec. 1, eff. May 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1197 (S.B. 1214), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.0271. Rural Economic Development and Investment Program

Sec. 12.0271.  RURAL ECONOMIC DEVELOPMENT AND INVESTMENT PROGRAM.  (a)  From funds appropriated for that purpose, the commissioner shall establish and administer a financial assistance program to encourage private economic development in rural areas.  Financial assistance under the program may be provided only to:
(1)  a county with a population of not more than 75,000;
(2)  a municipality with a population of not more than 50,000; or
(3)  an economic development corporation or community development financial institution that primarily represents a county or municipality described by this subsection.
(b)  Financial assistance under Subsection (a) may be used only for a project relating to:
(1)  the acquisition or development of land, easements, or rights-of-way;
(2)  attracting new private enterprises to the county or municipality, including:
(A)  manufacturing facilities;
(B)  freight storage facilities;
(C)  distribution warehouse centers; and
(D)  other nonretail private enterprises;
(3)  the construction, extension, or other improvement of:
(A)  water or waste disposal facilities; or
(B)  transportation infrastructure; or
(4)  any other activity relating to private economic development that the commissioner determines will encourage economic and infrastructure development in a rural area.
(c)  To further a purpose described by Subsection (b), the commissioner may provide financial assistance to an eligible county, municipality, community development financial institution, or economic development corporation by:
(1)  extending credit by direct loan, based on the credit of the county, municipality, community development financial institution, or economic development corporation;
(2)  providing a credit enhancement;
(3)  effectively lowering interest rates;
(4)  financing a purchase or lease agreement in connection with an economic or infrastructure development project; or
(5)  providing methods of leveraging money from sources other than this state that are related to the project for which the assistance is provided.
(d)  A county, municipality, community development financial institution, or economic development corporation that receives funds under Subsection (c) shall segregate the funds from other funds under the control of the county, municipality, or economic development corporation and use the funds only for a purpose described by this section.  Any funds disbursed through the program must be repaid on terms determined by the department.
(e)  The department shall adopt rules necessary to implement this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 8.04, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.0272. Texas Economic Development Fund

Sec. 12.0272.  TEXAS ECONOMIC DEVELOPMENT FUND.  (a)  The Texas economic development fund is a fund in the state treasury. The fund consists of:
(1)  all interest, income, revenue, and other assets associated with economic development programs established using money allocated and paid to the department under the August 15, 2011, allocation agreement between the department and the United States Department of the Treasury, as amended, to implement the State Small Business Credit Initiative Act of 2010 (12 U.S.C. Section 5701 et seq.);
(2)  all money, deposits, distributions, dividends, earnings, gain, income, interest, proceeds, profits, program income, rents, returns of capital, returns on investments, royalties, revenue, or yields received or realized by the department as a result of an investment made by or on behalf of the department pursuant to the August 15, 2011, allocation agreement between the department and the United States Department of the Treasury, as amended;
(3)  gifts, loans, donations, aid, appropriations, guaranties, allocations, subsidies, grants, or contributions received under Sections 12.022 and 12.027(g);
(4)  interest and income earned on the investment of money in the fund; and
(5)  other money required by law to be deposited in the fund.
(b)  Money in the Texas economic development fund is dedicated to and may be appropriated only to the department for the purposes of administering, continuing, implementing, or maintaining:
(1)  an economic development program originally established as part of the department's implementation of the State Small Business Credit Initiative; and
(2)  one or more of the department's economic development programs:
(A)  established to encourage the export of Texas agricultural products or products manufactured in rural Texas; or
(B)  established through an agreement with a federal agency, foreign governmental entity, local governmental entity, nonprofit organization, private entity, public university, or state governmental entity to encourage rural economic development in this state.
(c)  The Texas economic development fund is exempt from Section 403.095, Government Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1197 (S.B. 1214), Sec. 2, eff. June 14, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 459 (H.B. 2004), Sec. 1, eff. June 9, 2017.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.0273. Limitations on Loans and Grants From Texas Economic Development Fund

Sec. 12.0273.  LIMITATIONS ON LOANS AND GRANTS FROM TEXAS ECONOMIC DEVELOPMENT FUND.  (a)  The department may use money in the Texas economic development fund only to make loans and grants in the manner provided by this section for the purposes provided by Section 12.0272(b).
(b)  The recipient of a grant using money from the fund must provide matching funds in an amount equal to 25 percent of the amount of the grant.
(c)  The term of a loan made using money from the fund may not exceed 20 years. A loan must require monthly payments of principal and interest beginning not later than the 90th day after the date the loan is made.
(d)  The department shall administer the fund as a perpetual source of financing for loans and grants under this section. The department shall use payments of principal and interest to make additional loans and grants.
(e)  The cumulative amount of loans and grants to any person using money from the fund may not exceed $1 million.
(f)  The department shall retain in the fund in the state treasury an amount of money equal to at least 25 percent of the amount of money in the fund on January 1, 2017.
(g)  Not later than December 1 of each even-numbered year, the department shall submit a report on the status of the fund, including loans and grants made using money from the fund, to the governor, lieutenant governor, speaker of the house of representatives, and chairs of the house and senate committees with primary jurisdiction over the department.
Added by Acts 2017, 85th Leg., R.S., Ch. 459 (H.B. 2004), Sec. 2, eff. June 9, 2017.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.028. Competitive Bidding or Advertising

Sec. 12.028.  COMPETITIVE BIDDING OR ADVERTISING.  (a)  The department may not adopt rules restricting competitive bidding or advertising by a person regulated by the department except to prohibit false, misleading, or deceptive practices by the person.
(b)  The department may not include in its rules to prohibit false, misleading, or deceptive practices by a person regulated by the department a rule that:
(1)  restricts the use of any medium for advertising;
(2)  restricts the person's personal appearance or use of the person's voice in an advertisement;
(3)  relates to the size or duration of an advertisement by the person;  or
(4)  restricts the person's advertisement under a trade name.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 17, eff. Sept. 1, 1989.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.029. Minority and Female-Owned Business Contracts

Sec. 12.029.  MINORITY AND FEMALE-OWNED BUSINESS CONTRACTS.  (a)  The department shall establish by rule policies to encourage minority and female-owned small businesses to bid for contract and open market purchases of the department and to assist those businesses in that bidding. The department shall review the policies periodically to correct any deficiencies in the policies.
(b)  The department annually shall determine the number, types, and value of contracts awarded to minority and female-owned small businesses in the year preceding the determination and the ratio of the number and the value of those contracts to the number and the value of all contracts awarded by the department in that year.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(2), eff. June 17, 2011.
(d)  In this section, "minority and female-owned small business" means a business enterprise:
(1)  that is independently owned and operated, that was formed for the purpose of making a profit, and that has fewer than 100 employees and less than $1 million in annual gross receipts;  and
(2)  that is controlled by one or more socially and economically disadvantaged persons who own at least 51 percent of the business enterprise and are socially disadvantaged because of their identification as members of certain groups, including women, black Americans, Mexican Americans and other Americans of Hispanic origin, Asian Americans, and American Indians.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 18, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.79, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(2), eff. June 17, 2011.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.031. Advertising, Publications, and Fees

Sec. 12.031.  ADVERTISING, PUBLICATIONS, AND FEES.  (a)  The department may provide or sell information, including books, magazines, photographs, prints, and bulletins, to the public concerning agriculture, horticulture, or related industries.
(a-1)  In order to market and promote agricultural and other products grown, processed, or produced in this state, the department may create, distribute, and provide informational materials to the public in any type of media format.
(b)  In order to recover the costs of administering activities under Sections 12.002, 12.0175, 46.0095, 47.052, and 50B.001, the department may sell advertising and assess and collect fees, revenues, and royalties on department-owned content, information, or materials described by Subsections (a) and (a-1), including the department's state or federally registered certification marks, service marks, and trademarks.
(c)  The department may enter into agreements with private entities and local, state, federal, or foreign governmental entities for publication of information concerning agriculture, horticulture, or related industries.
(c-1)  The department may collect an event fee or a royalty for the marketing and promotional activities authorized by:
(1)  this chapter;
(2)  Chapter 46;
(3)  Chapter 47; or
(4)  Chapter 50B.
(d)  Money received under this section shall be deposited in the State Treasury and may be appropriated only to the department for the department's activities or programs relating to the marketing and promotion of agriculture, horticulture, and other industries that grow, process, or produce products in this state.
Added by Acts 1993, 73rd Leg., ch. 226, Sec. 1, eff. Aug. 30, 1993.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 69 (S.B. 1086), Sec. 2, eff. May 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 69 (S.B. 1086), Sec. 3, eff. May 17, 2011.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.032. Cooperation With State Office of Administrative Hearings

Sec. 12.032.  COOPERATION WITH STATE OFFICE OF ADMINISTRATIVE HEARINGS.  (a)  The commissioner and the chief administrative law judge of the State Office of Administrative Hearings by rule shall adopt a memorandum of understanding under which the State Office of Administrative Hearings conducts hearings for the department under this code.  The memorandum of understanding shall require the chief administrative law judge, the department, and the commissioner to cooperate in connection with the hearings under this code and may authorize the State Office of Administrative Hearings to perform any administrative act, including giving of notice, that is required to be performed by the department or the commissioner under this code.  The memorandum of understanding shall also require that hearings under this section be held at a location agreed upon by the State Office of Administrative Hearings and the department.
(b)  For a hearing conducted by the State Office of Administrative Hearings under this code, the department and the commissioner retain the authority to decide whether the administrative law judge conducting the hearing for the State Office of Administrative Hearings shall:
(1)  enter the final decision in the case after completion of the hearing;  or
(2)  propose a decision to the department or the commissioner for final consideration.
(c)  Any provision of this code that provides that the department or the commissioner take an action at a hearing means:
(1)  that the department or the commissioner shall take the action after the receipt of a proposal for decision from the State Office of Administrative Hearings regarding the hearing conducted by that office;  or
(2)  if so directed by the department or the commissioner, the State Office of Administrative Hearings shall enter the final decision in the case after completion of the hearing.
(d)  The department shall prescribe rules of procedure for any cases not heard by the State Office of Administrative Hearings.
(e)  The department by interagency contract shall reimburse the State Office of Administrative Hearings for the costs incurred in conducting administrative hearings for the department.  The department may pay an hourly fee for the costs of conducting these hearings or a fixed annual fee negotiated biennially by the department and the State Office of Administrative Hearings to coincide with the department's legislative appropriations request.
(f)  This section does not apply to hearings held under Chapter 103.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 3.01, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.033. Multiple Licenses

Sec. 12.033.  MULTIPLE LICENSES.  (a)  In this section:
(1)  "Component license" means a license issued by the department that is consolidated under this section.
(2)  "Grocer" means a person whose business consists primarily of the retail sale of food for human consumption.
(b)  A grocer who holds more than one type of license issued by the department may obtain from the department a single consolidated license.  A consolidated license authorizes each of the activities of the component licenses.
(c)  The department by rule shall implement a program for the issuance of a consolidated license under this section.  The rules shall include provisions for:
(1)  a fee schedule for the consolidated license that considers:
(A)  the cost of operating each component license program;  and
(B)  the economic efficiency gained by the department through the operation of a consolidated license program;
(2)  the suspension or revocation of a consolidated license for a violation of a rule or statute authorizing one of the component licenses;
(3)  the combination of all inspections required for the component licenses into a single inspection;  and
(4)  any other provision the department determines is necessary to implement this section.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 8.01, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.034. Refund or Waiver of Fees

Sec. 12.034.  REFUND OR WAIVER OF FEES.  The department by rule may provide for:
(1)  the full or partial refund of a fee collected by the department;
(2)  the waiver of a licensing, registration, or certification fee collected by the department, including any related late fee;  and
(3)  the waiver of an inspection fee.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 2.05, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 196, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.035. Notice to Examinee

Sec. 12.035.  NOTICE TO EXAMINEE.  Not later than the 30th day after the date on which a licensing or registration examination is administered under this code, the department shall notify each examinee of the results of the examination.  However, if an examination is graded or reviewed by a national testing service, the department shall notify examinees of the results of the examination not later than the 14th day after the date on which the department receives the results from the testing service.  If the notice of examination results graded or reviewed by a national testing service will be delayed for longer than 90 days after the examination date, the department shall notify the examinee of the reason for the delay before the 90th day.  The department may require a testing service to notify examinees of the results of an examination.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.09, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.036. Licensing Out-of-State Applicants

Sec. 12.036.  LICENSING OUT-OF-STATE APPLICANTS.  The department may waive any prerequisite to obtaining a license or registration for an applicant after reviewing the applicant's credentials and determining that the applicant holds a valid license from another state that has license or registration requirements substantially equivalent to those of this state.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.09, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.037. Continuing Education

Sec. 12.037.  CONTINUING EDUCATION.  The department may recognize, prepare, or administer continuing education programs for its license holders.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.09, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.038. Office of Rural Affairs

Sec. 12.038.  OFFICE OF RURAL AFFAIRS.  (a)  The department shall establish and maintain an Office of Rural Affairs.  The office shall be headed by a rural affairs director.  To be eligible to serve as the rural affairs director, a person must have demonstrated a strong commitment to and involvement in economic development activities in rural areas.
(b)  The Office of Rural Affairs shall:
(1)  develop a rural resource guide and provide the information to rural areas through print and electronic media and through use of the Texas Business and Community Economic Development Clearinghouse;
(2)  provide information to state agencies on the effects of proposed policies or actions that affect rural areas;
(3)  cosponsor meetings, to the extent practical, in cooperation with public and private educational institutions to disseminate information beneficial to rural areas;
(4)  identify potential opportunities for businesses in rural areas and assist these businesses to maximize those opportunities;
(5)  conduct an analysis of the available federal, state, and local government and rural economic development business outreach and data services in rural areas of this state by examining the availability of:
(A)  computerized economic development databases that provide data for existing and prospective businesses and communities in rural areas of this state;  and
(B)  business information outreach service offices or centers that provide comprehensive technical assistance, research, consulting services, training, and other services to businesses in rural areas;  and
(6)  perform any other functions necessary to carry out the purposes of this section.
(c)  In administering this section, the department may:
(1)  employ and set the compensation of personnel to carry out the Office of Rural Affairs' functions under this section;  and
(2)  consult with:
(A)  experts and authorities in the fields of rural development, economic development, and community development;
(B)  individuals with regulatory, legal, economic, or financial expertise, including members of the academic community;  and
(C)  individuals who represent the public interest.
(d)  Each state agency must, on request, furnish the Office of Rural Affairs with reports and other information necessary to enable the Office of Rural Affairs to carry out the purposes of this section.
(e)  The Office of Rural Affairs may accept gifts, grants, and donations from sources other than the state for the purpose of performing specific projects, studies, or procedures or to provide assistance to rural areas.
(f)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(3), eff. June 17, 2011.
Renumbered from Government Code Sec. 481.0067 by Acts 2001, 77th Leg., ch. 1437, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(3), eff. June 17, 2011.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.041. School Breakfast and Lunch Program

Sec. 12.041.  SCHOOL BREAKFAST AND LUNCH PROGRAM.  (a)  The department, the Texas Education Agency, and the Health and Human Services Commission shall ensure that applicable information maintained by each entity is used on at least a quarterly basis to identify children who are categorically eligible for free meals under the national free or reduced-price breakfast and lunch program.  In complying with this subsection, the department, agency, and commission shall use information that corresponds to the months of the year in which enrollment in the food stamp program is customarily higher than average.
(b)  The department shall determine the feasibility of establishing a process under which school districts verify student eligibility for the national free or reduced-price breakfast and lunch program through a direct verification process that uses information maintained under the food stamp and Medicaid programs, as authorized by 42 U.S.C. Section 1758(b)(3), as amended by Section 105(a) of the Child Nutrition and WIC Reauthorization Act of 2004 (Pub. L. No. 108-265), and 7 C.F.R. Sections 245.6a(a)(1) and (3) and 245.6a(b)(3).  If the department determines the process described by this subsection is feasible, the department may implement the process.
Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 1.19, eff. May 31, 2006.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.046. Texas Rural Investment Fund

Sec. 12.046.  TEXAS RURAL INVESTMENT FUND.  (a)  In this section:
(1)  "Fund" means the Texas Rural Investment Fund.
(2)  "Rural community" means a municipality with a population of less than 50,000 or a county with a population of less than 200,000.
(b)  The fund is a dedicated account in the general revenue fund and consists of:
(1)  appropriations of money to the fund by the legislature;
(2)  gifts, grants, including federal grants, and other donations received for the fund; and
(3)  interest earned on the investment of money in the fund.
(b-1)  The department shall administer the fund and select recipients of grants and loans from the fund.
(c)  The fund may be used by the department only to:
(1)  pay for grants or loans to public or private entities for projects in rural communities that have strong local support, provide positive return on the state's investment, and stimulate one or more of the following:
(A)  local entrepreneurship;
(B)  job creation or retention;
(C)  new capital investment;
(D)  strategic economic development planning;
(E)  individual economic and community development leadership training;
(F)  housing development; or
(G)  innovative workforce education; and
(2)  administer the grant and loan program under this section.
(d)  In awarding a grant or loan of money from the fund for a project, the department shall consider:
(1)  the project's effect on job creation and wages;
(2)  the financial strength of the applicant;
(3)  the applicant's business history;
(4)  an analysis of the relevant business sector;
(5)  whether there is public or private sector financial support for the project; and
(6)  whether there is local support for the project.
(e)  The fund is exempt from the application of Sections 403.095 and 404.071, Government Code.
(f)  The department may accept grants, gifts, or donations from any source that are made for the purposes of this section.  Money received under this subsection shall be deposited in the fund.
(g)  The department shall adopt rules to administer this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 9.04, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.047. Use of Technology

Sec. 12.047.  USE OF TECHNOLOGY.  The commissioner shall implement a policy requiring the department to use appropriate technological solutions to improve the department's ability to perform its functions.  The policy must ensure that the public is able to interact with the department on the Internet.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 8.05, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.048. Obtaining Criminal History Record Information

Sec. 12.048.  OBTAINING CRIMINAL HISTORY RECORD INFORMATION.  (a)  The department is authorized to obtain from the Department of Public Safety criminal history record information maintained by the Department of Public Safety that relates to a person who:
(1)  applies for a license issued by the department;
(2)  holds a license issued by the department;
(3)  requests a determination of eligibility for a license issued by the department; or
(4)  is an employee, volunteer, or intern of the department, or an applicant to be an employee, volunteer, or intern of the department.
(b)  In addition to the information the department is authorized to obtain under Sections 411.122 and 411.1405, Government Code, and this section, the department is authorized to request and obtain criminal history record information through the Federal Bureau of Investigation as provided by Section 411.087, Government Code.
(c)  Information provided to the department under this section and Chapter 411, Government Code, is confidential, is not subject to disclosure under Chapter 552, Government Code, and may not be disclosed to any person other than as required by a court order.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 9.05, eff. September 1, 2009.
For expiration of this section, see Subsection (l).
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.051. Farmer Mental Health and Suicide Prevention Program

Sec. 12.051.  FARMER MENTAL HEALTH AND SUICIDE PREVENTION PROGRAM.  (a)  The department shall establish a farmer mental health and suicide prevention program to raise awareness among farmers of issues relating to mental health and suicide prevention.
(b)  As part of the program, the department shall:
(1)  promote suicide prevention among farmers through a public awareness campaign;
(2)  provide a toll-free telephone hotline for farmer mental health assistance;
(3)  develop a mental wellness plan for farmers affected by a disaster; and
(4)  coordinate suicide prevention activities with other state agencies, including the Department of State Health Services.
Added by Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 8, eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12A - General Licensing Provisions › Subchapter A. Powers and Duties of Department Related to Licensing › Section 12A.001. Applicability of Provisions

Sec. 12A.001.  APPLICABILITY OF PROVISIONS.  The general licensing, regulatory, and enforcement provisions of Chapter 12 and this chapter apply to licensing and regulatory programs administered by the department under any law.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 6.03, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12A - General Licensing Provisions › Subchapter A. Powers and Duties of Department Related to Licensing › Section 12A.002. Cease and Desist Order

Sec. 12A.002.  CEASE AND DESIST ORDER.  (a)  If it appears to the commissioner that a person who is not licensed by the department is violating a statute or rule that requires the person to hold a license issued by the department or a statute or rule relating to an activity regulated by the department, the commissioner after notice and opportunity for a hearing may issue a cease and desist order prohibiting the person from engaging in the activity.
(b)  A violation of an order under this section constitutes grounds for imposing an administrative penalty.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 6.03, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12A - General Licensing Provisions › Subchapter A. Powers and Duties of Department Related to Licensing › Section 12A.003. Risk-Based Inspections

Sec. 12A.003.  RISK-BASED INSPECTIONS.  For each person licensed or regulated by the department that the department may inspect:
(1)  the department may conduct additional inspections based on a schedule of risk-based inspections using the following criteria:
(A)  the type and nature of the person;
(B)  whether there has been a prior violation by the person;
(C)  the inspection history of the person;
(D)  any history of complaints involving the person; and
(E)  any other risk-based factor identified by the department; and
(2)  the department may waive any inspection requirement under law if an emergency arises or to accommodate complaint investigation or risk-based inspection schedules.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 6.03, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12A - General Licensing Provisions › Subchapter A. Powers and Duties of Department Related to Licensing › Section 12A.004. Inspection and Enforcement Strategic Plan

Sec. 12A.004.  INSPECTION AND ENFORCEMENT STRATEGIC PLAN.  (a)  The department shall develop and publish an annual plan for each state fiscal year to use the inspection and enforcement resources of the department strategically to ensure public safety and protect agriculture and consumers in this state.
(b)  The department shall seek input from stakeholders when developing each annual plan.
(c)  The department shall collect and maintain information that accurately shows the department's inspection and enforcement activities.  Each annual plan must include a report of the information collected by the department that shows the department's inspection and enforcement activities over time.
(d)  The information described by Subsection (c) must include data regarding violations of statutes or department rules, including:
(1)  the number, type, and severity of:
(A)  violations the department found to have occurred;
(B)  violations the department referred for enforcement to the section of the department responsible for enforcement; and
(C)  violations for which the department imposed a penalty or took other enforcement action;
(2)  the number of major violations for which the department imposed a penalty or took other enforcement action; and
(3)  the number of repeat major violations, categorized by license type, if applicable.
(e)  The department shall publish each annual plan on the department's Internet website not later than July 1 of the year preceding the state fiscal year in which the department implements the plan.
Added by Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 9, eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12A - General Licensing Provisions › Subchapter A. Powers and Duties of Department Related to Licensing › Section 12A.005. Criminal History Evaluation

Sec. 12A.005.  CRIMINAL HISTORY EVALUATION.  The department shall perform the duties of a licensing authority under Chapter 53, Occupations Code, for each license issued by the department under this code or other law, including issuing guidelines under Section 53.025, Occupations Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 9, eff. September 1, 2021.