reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 6 - PROGRAMS AND SERVICES FOR ABUSED PERSONS (§§ 71-6-101 — 71-6-307) › Part 2 - FAMILY VIOLENCE SHELTERS AND CHILD ABUSE PREVENTION SERVICES (§§ 71-6-201 — 71-6-208) › Section 71-6-202 - Part definitions

As used in this part, unless the context requires otherwise:
(1)
"Child abuse prevention services" means those services designed to prevent the occurrence of child abuse and neglect. They may include, but are not limited to:
(A)
Services relating to prevention of child abuse, such as counseling, self-help groups, hot lines and other related services; and
(B)
Community and direct education services on child abuse awareness and prevention and related topics, such as parenting, coping with family stress, child development and prenatal care;
(2)
"Family or household member" means those persons who customarily reside in the household and who are in need of temporary shelter because their lives or welfare are in danger;
(3)
"Family violence" means causing or attempting to cause bodily injury to a family or household member or placing a family or household member in fear of imminent physical harm by threat of force, regardless of age or mental functioning;
(4)
"Shelter" means a place where family violence victims and their children can seek temporary refuge twenty-four (24) hours a day and seven (7) days a week, including a program that develops and manages a system under which private homes or commercial lodgings are used as refuge for family violence victims and their children; and
(5)
"Shelter services" means counseling for family violence victims, counseling for perpetrators, advocacy for family violence victims, referral of family violence victims to other community resources, community education regarding prevention of family violence and rehabilitation of perpetrators.
Acts 1984, ch. 930, § 2; 1986, ch. 605, § 1; T.C.A., § 14-33-102.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 6 - PROGRAMS AND SERVICES FOR ABUSED PERSONS (§§ 71-6-101 — 71-6-307) › Part 2 - FAMILY VIOLENCE SHELTERS AND CHILD ABUSE PREVENTION SERVICES (§§ 71-6-201 — 71-6-208) › Section 71-6-204 - Incorporation, taxation and reporting prerequisites for receiving funds

To receive funds under this part, organizations shall:
(1)
Be incorporated as a not-for-profit corporation, and be tax-exempt under § 501 of the Internal Revenue Code (
26 U.S.C. § 501
); and
(2)
Comply with §§
37-1-403
and
37-1-605
by reporting cases of suspected child abuse or neglect or child sexual abuse to the department of children's services and comply with §
71-6-103
by reporting suspected cases of adult abuse, sexual abuse, neglect or exploitation to the department of human services.
Acts 1984, ch. 930, § 4; T.C.A., § 14-33-104; Acts 1996, ch. 1079, § 183.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 6 - PROGRAMS AND SERVICES FOR ABUSED PERSONS (§§ 71-6-101 — 71-6-307) › Part 2 - FAMILY VIOLENCE SHELTERS AND CHILD ABUSE PREVENTION SERVICES (§§ 71-6-201 — 71-6-208) › Section 71-6-205 - Prerequisites to receiving funds for shelters or shelter services

To receive funds under this part for family violence shelter services or shelters, or both, all applicants shall show that they have provided shelter services for at least six (6) months prior to the application for funds under this part, and that the funds provided under this part will enable them to establish or maintain a shelter for victims of family violence within a defined timetable, in addition to any other services provided as described in the standards promulgated under §
71-6-203(7)
.
Acts 1984, ch. 930, § 5; T.C.A., § 14-33-105.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 6 - PROGRAMS AND SERVICES FOR ABUSED PERSONS (§§ 71-6-101 — 71-6-307) › Part 2 - FAMILY VIOLENCE SHELTERS AND CHILD ABUSE PREVENTION SERVICES (§§ 71-6-201 — 71-6-208) › Section 71-6-206 - Prerequisites to receiving funds for child abuse prevention services

To receive funds under this part for child abuse prevention services, all applicants shall show that the funds provided under this part will enable them to provide some of the following services:
(1)
Counseling for the prevention of child abuse;
(2)
Child abuse prevention self-help groups;
(3)
Child abuse prevention hot lines;
(4)
Community and direct education services on child abuse awareness; and
(5)
Prevention and related topics, such as parenting, coping with family stress, child development and prenatal care.
Acts 1984, ch. 930, § 6; T.C.A., § 14-33-106.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 6 - PROGRAMS AND SERVICES FOR ABUSED PERSONS (§§ 71-6-101 — 71-6-307) › Part 2 - FAMILY VIOLENCE SHELTERS AND CHILD ABUSE PREVENTION SERVICES (§§ 71-6-201 — 71-6-208) › Section 71-6-207 - Legislative intent

It is the legislative intent that in providing services to family violence victims that shelter services be provided to male children twelve (12) to eighteen (18) years of age to the maximum extent feasible.
Acts 1984, ch. 930, § 8; T.C.A., § 14-33-107.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 6 - PROGRAMS AND SERVICES FOR ABUSED PERSONS (§§ 71-6-101 — 71-6-307) › Part 2 - FAMILY VIOLENCE SHELTERS AND CHILD ABUSE PREVENTION SERVICES (§§ 71-6-201 — 71-6-208) › Section 71-6-208 - Shelter locations privileged - Service of papers or process

(a)
No person can be compelled to provide testimony or documentary evidence in a criminal, civil or administrative proceeding that would identify the address or location of a shelter.
(b)
In any proceeding involving a shelter or a person staying at a shelter, the sheriff, constable or other person serving any legal papers or process shall serve any such legal papers or process by contacting the shelter by telephone and making arrangements for service of the papers or process on the shelter or the person staying at the shelter.
Acts 1993, ch. 484, § 3; 2001, ch. 198, § 1.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 6 - PROGRAMS AND SERVICES FOR ABUSED PERSONS (§§ 71-6-101 — 71-6-307) › Part 3 - SEXUAL ASSAULT PROGRAM SERVICES (§§ 71-6-301 — 71-6-307) › Section 71-6-301 - Program established

There is established a program for the establishment and funding of sexual assault program services to be administered by the department of finance and administration.
Acts 2003, ch. 304, § 2.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 6 - PROGRAMS AND SERVICES FOR ABUSED PERSONS (§§ 71-6-101 — 71-6-307) › Part 3 - SEXUAL ASSAULT PROGRAM SERVICES (§§ 71-6-301 — 71-6-307) › Section 71-6-302 - Part definitions

As used in this part, unless the context requires otherwise:
(1)
"Department" means the department of finance and administration;
(2)
"Sexual assault" includes victims of any of the sexual offenses set out in §
40-24-108(b)(2)
;
(3)
"Sexual assault crisis intervention" includes, but is not limited to:
(A)
A 24-hour hotline for victims of sexual assault staffed by a trained person;
(B)
Counseling for sexual assault victims and their families and friends;
(C)
Accompaniment of victims of sexual assault to courts, hospitals, district attorneys generals' offices, law enforcement, or victim/witness coordinators offices;
(D)
Information and referrals for victims of sexual assault;
(E)
Advocacy with law enforcement, criminal justice, medical, mental health, school, and other related systems on behalf of sexual assault victims; and
(F)
Educational programs for allied professionals and the general public on sexual assault;
(4)
"Sexual assault program" means a program that provides sexual assault program services; and
(5)
"Sexual assault program services" means free sexual assault crisis intervention provided by a community-based program to persons who have been victims of a sexual assault and to their families and friends.
Acts 2003, ch. 304, § 2.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 6 - PROGRAMS AND SERVICES FOR ABUSED PERSONS (§§ 71-6-101 — 71-6-307) › Part 3 - SEXUAL ASSAULT PROGRAM SERVICES (§§ 71-6-301 — 71-6-307) › Section 71-6-304 - Prerequisites to receiving funds

To receive funds under this part, organizations shall:
(1)
Be incorporated as a not-for-profit corporation, and be tax-exempt under § 501 of the Internal Revenue Code (
26 U.S.C. § 501
); and
(2)
Comply with §§
37-1-403
and
37-1-605
by reporting cases of suspected child abuse and neglect or child sexual abuse to the department of children's services and comply with §
71-6-103
by reporting suspected cases of adult abuse, sexual abuse, neglect, or exploitation to the department of human services.
Acts 2003 , ch. 304, § 2.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 6 - PROGRAMS AND SERVICES FOR ABUSED PERSONS (§§ 71-6-101 — 71-6-307) › Part 3 - SEXUAL ASSAULT PROGRAM SERVICES (§§ 71-6-301 — 71-6-307) › Section 71-6-305 - Prerequisites for sexual assault programs

To receive funds under this part for sexual assault program services, all applicants shall show that they have provided sexual assault program services for at least six (6) months prior to the application for funds under this part.
Acts 2003, ch. 304, § 2.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 6 - PROGRAMS AND SERVICES FOR ABUSED PERSONS (§§ 71-6-101 — 71-6-307) › Part 3 - SEXUAL ASSAULT PROGRAM SERVICES (§§ 71-6-301 — 71-6-307) › Section 71-6-306 - Necessary expenses of advisory committee

A portion of the funds generated from the additional fine imposed upon persons convicted of sexual offenses pursuant to §
40-24-108
shall be used to pay the necessary expenses for any meetings of the advisory committee established by this part.
Acts 2003, ch. 304, § 2.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 6 - PROGRAMS AND SERVICES FOR ABUSED PERSONS (§§ 71-6-101 — 71-6-307) › Part 3 - SEXUAL ASSAULT PROGRAM SERVICES (§§ 71-6-301 — 71-6-307) › Section 71-6-307 - Equal distribution of funds

Funds distributed under this part shall be distributed as equally as possible to serve all geographic areas of the state.
Acts 2003, ch. 304, § 2.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 7 - TENNESSEE RARE DISEASE ADVISORY COUNCIL (§§ 71-7-101 — 71-7-103) › Section 71-7-101 - Tennessee rare disease advisory council

There is established the Tennessee rare disease advisory council, referred to in this chapter as the "advisory council", to advise the TennCare prescription drug utilization review committee referred to in this chapter as the "DUR", the TennCare pharmacy advisory committee referred to in this chapter as the "PAC", and other public and private agencies in this state in providing services for persons diagnosed with rare diseases.
Added by 2020 Tenn. Acts, ch. 645, s 1, eff. 7/1/2020.
2023 Tennessee Code › Title 71 - WELFARE (§§ 71-1-101 — 71-7-103) › Chapter 7 - TENNESSEE RARE DISEASE ADVISORY COUNCIL (§§ 71-7-101 — 71-7-103) › Section 71-7-103 - Rare disease advisory council recommendations - Use of information - Input of advisory council

(a)
(1)
The Tennessee rare disease advisory council shall advise the DUR, the PAC, and other state entities in their review of products or medications for the treatment of rare and orphan diseases, and drugs or biological products within the emerging fields of personalized medicine and non-inheritable gene editing therapeutics.
(2)
(A)
All advisory council recommendations must be presented in writing to members of the PAC and DUR and explained to members of the PAC and DUR by representatives of the advisory council during their public meetings.
(B)
The advisory council has no authority on any matter relating to TennCare, nor may it require the DUR or PAC to follow its recommendations.
(b)
The DUR and PAC shall consider information submitted to them by the advisory council on rare diseases and personalized medicine when making recommendations or determinations regarding:
(1)
Beneficiary access to drugs and biological products for rare diseases, as defined in the federal Orphan Drug Act of 1983 (
21 U.S.C. §§ 360aa
-
360ff-1
);
(2)
Drugs and biological products that are approved by the United States food and drug administration; and
(3)
The emerging fields of personalized medicine and non-inheritable gene-editing therapeutics.
(c)
The DUR and PAC shall seek the input of the advisory council on rare diseases and personalized medicine to address topics for consultation under this chapter, including, but not limited to:
(1)
Rare diseases;
(2)
The severity of rare diseases;
(3)
The unmet medical needs associated with rare diseases;
(4)
The impact of particular coverage, cost-sharing, tiering, utilization management, prior authorization, medication therapy management, or other medicaid policies on access to rare disease therapies;
(5)
An assessment of the benefits and risks of therapies to treat rare diseases;
(6)
The impact of coverage, cost-sharing, tiering, utilization management, prior authorization, medication therapy management, or other medicaid policies on patients' adherence to the treatment regimen prescribed or otherwise recommended by their physicians;
(7)
Whether beneficiaries who need treatment from or a consultation with a rare disease specialist have adequate access and, if not, what factors are causing the limited access; and
(8)
The demographics and the clinical description of patient populations.
(d)
Nothing in this chapter requires the advisory council, the DUR, or the PAC to consult with a person on any matter or requires those entities to meet with any specific expert or stakeholder.
Added by 2020 Tenn. Acts, ch. 645, s 1, eff. 7/1/2020.
2023 Texas Statutes › Agriculture Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.001. Purpose of Code

Sec. 1.001.  PURPOSE OF CODE.  (a)  This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in Chapter 448, Acts of the 58th Legislature, Regular Session, 1963 (Article 5429b-1, Vernon's Texas Civil Statutes).  The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive change.
(b)  Consistent with the objectives of the statutory revision program, the purpose of this code is to make the agriculture law more accessible and understandable, by:
(1)  rearranging the statutes into a more logical order;
(2)  employing a format and numbering system designed to facilitate citation of the law and to accommodate future expansion of the law;
(3)  eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions;  and
(4)  restating the law in modern American English to the greatest extent possible.
Acts 1981, 67th Leg., p. 1015, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.002. Construction of Code

Sec. 1.002.  CONSTRUCTION OF CODE.  The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise expressly provided by this code.
Acts 1981, 67th Leg., p. 1015, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 479, Sec. 66, eff. Sept. 1, 1985.
2023 Texas Statutes › Agriculture Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.003. Definitions

Sec. 1.003.  DEFINITIONS.  In this code:
(1)  "Commissioner" means the commissioner of agriculture.
(2)  "Department" means the Department of Agriculture.
(3)  "Livestock" means cattle, horses, mules, asses, sheep, goats, llamas, alpacas, exotic livestock, including elk and elk hybrids, and hogs, unless otherwise defined.
Acts 1981, 67th Leg., p. 1015, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 2003, 78th Leg., ch. 604, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1094 (H.B. 3300), Sec. 1, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 165 (H.B. 375), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Agriculture Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.004. Preemption

Sec. 1.004.  PREEMPTION.  Unless expressly authorized by another statute, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is occupied by a provision of this code.  An ordinance, order, or rule that violates this section is void, unenforceable, and inconsistent with this code.
Added by Acts 2023, 88th Leg., R.S., Ch. 899 (H.B. 2127), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Agriculture Code › Title 1 - General Provisions › Chapter 2 - State Agricultural Policy › Section 2.001. Definitions

Sec. 2.001.  DEFINITIONS.  In this chapter, "agriculture" means:
(1)  the cultivation of the soil to produce crops;
(2)  horticulture, floriculture, or viticulture;
(3)  forestry;  or
(4)  the raising or keeping of livestock or poultry.
Added by Acts 1999, 76th Leg., ch. 301, Sec. 2, eff. May 29, 1999.
2023 Texas Statutes › Agriculture Code › Title 1 - General Provisions › Chapter 2 - State Agricultural Policy › Section 2.002. Findings

Sec. 2.002.  FINDINGS.  The legislature finds that:
(1)  agriculture has been a critical element in the economic, cultural, and historical development of this state;
(2)  the impact of agriculture in this state is declining, due to urbanization, economic changes, and changes in agriculture;
(3)  the effects of those changes are not limited to rural areas and the agricultural community but affect citizens throughout the state, including those in urban areas;
(4)  agriculture is a vital component of a diversified state economy and creates numerous businesses and job opportunities;
(5)  agriculture is directly and substantially affected by factors beyond the control of the industry, including adverse weather conditions and changes in world commodity markets;
(6)  agriculture renews the natural resources of this state through the annual production of crops and livestock;  and
(7)  to ensure that agriculture remains a vital force in this state, the state must assess the condition of agriculture and the role of state government and develop an agricultural policy to guide governmental actions.
Added by Acts 1999, 76th Leg., ch. 301, Sec. 2, eff. May 29, 1999.
2023 Texas Statutes › Agriculture Code › Title 1 - General Provisions › Chapter 2 - State Agricultural Policy › Section 2.005. Policy: Bison

Sec. 2.005.  POLICY:  BISON.  The agricultural policy of this state must recognize that bison:
(1)  are wild animals indigenous to this state;
(2)  are distinct from cattle, livestock, exotic livestock, and game animals;  and
(3)  may be raised and used for:
(A)  commercial purposes;  or
(B)  the purpose of preserving the bison species.
Added by Acts 2003, 78th Leg., ch. 41, Sec. 1, eff. May 15, 2003.
2023 Texas Statutes › Agriculture Code › Title 1 - General Provisions › Chapter 2 - State Agricultural Policy › Section 2.006. Policy: Protection of State From Certain Pests and Diseases

Sec. 2.006.  POLICY:  PROTECTION OF STATE FROM CERTAIN PESTS AND DISEASES.  (a)  The agricultural policy of this state must recognize that it is of paramount importance to protect this state and the agriculture industry in this state against the intentional or unintentional introduction or dissemination of damaging plant and animal pests and diseases.
(b)  The department, with the assistance of the Texas Animal Health Commission, shall pursue a policy of ensuring that the borders of this state are secure from shipments of potentially dangerous plant and animal pests and diseases.
Added by Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Agriculture Code › Title 1 - General Provisions › Chapter 2 - State Agricultural Policy › Section 2.007. Policy: Aquaculture

Sec. 2.007.  POLICY: AQUACULTURE.  (a)  In this section, "aquaculture" has the meaning assigned by Section 134.001.
(b)  The agricultural policy of this state must recognize that aquaculture is a type of agriculture and must be awarded the same rights, privileges, and protections as any other type of agricultural operation.
Added by Acts 2023, 88th Leg., R.S., Ch. 711 (H.B. 2271), Sec. 1, eff. June 12, 2023.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 11 - Administration › Section 11.001. Department; Commissioner

Sec. 11.001.  DEPARTMENT;  COMMISSIONER.  The Department of Agriculture is under the direction of the commissioner of agriculture, who is responsible for exercising the powers and performing the duties assigned to the department by this code or other law.
Acts 1981, 67th Leg., p. 1016, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 11 - Administration › Section 11.003. Sunset Provision

Sec. 11.003.  SUNSET PROVISION.  The Department of Agriculture is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the department is abolished September 1, 2035.
Acts 1981, 67th Leg., p. 1016, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 479, Sec. 183, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 729, Sec. 8, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 230, Sec. 1, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 2.01, eff. Nov. 12, 1991;  Acts 1995, 74th Leg., ch. 419, Sec. 9.01, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1227 (H.B. 1116), Sec. 3.01, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 928 (H.B. 3249), Sec. 2.01, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 8.01, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 1, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 3.01, eff. June 18, 2023.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 11 - Administration › Section 11.004. Election and Term of Commissioner

Sec. 11.004.  ELECTION AND TERM OF COMMISSIONER.  The commissioner is elected for a term of four years.
Acts 1981, 67th Leg., p. 1016, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 11 - Administration › Section 11.005. Qualifications

Sec. 11.005.  QUALIFICATIONS.  (a)  To be eligible for election as commissioner or appointment to fill a vacancy in the office of commissioner, a person must:
(1)  have been engaged, for at least five of the 10 years preceding the year in which the person is elected or appointed to the person's initial term, in the business of agriculture;
(2)  have worked, for the five-year period preceding the calendar year in which the person is elected or appointed to the person's initial term, for a state or federal agency in a position directly related to agriculture;
(3)  have owned or operated, for at least five of the 10 years preceding the year in which the person is elected or appointed to the person's initial term, farm, ranch, or timber land that qualifies for agricultural use appraisal under Subchapter C, Chapter 23, Tax Code, and be participating, in the calendar year in which the person is elected or appointed to the person's initial term, in a farm program administered by the federal Agricultural Stabilization and Conservation Service; or
(4)  have worked, for at least five years at any time before the calendar year in which the person is elected or appointed to the person's initial term, for the Texas Agricultural Council, an organization that is a member of the Texas Agricultural Council, or another agricultural producer association.
(b)  For purposes of this section, a person is engaged in the business of agriculture if the person is engaged, for the purpose of wholesale or retail sale, in:
(1)  the production of crops for human or animal consumption, or planting seed;
(2)  floriculture, viticulture, horticulture, or aquaculture;
(3)  the raising or keeping of livestock;  or
(4)  the processing of any of the products listed in Subdivisions (1) through (3) of this subsection.
Acts 1981, 67th Leg., p. 1016, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 2, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 9.01, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 11 - Administration › Section 11.007. Deputy Commissioner

Sec. 11.007.  DEPUTY COMMISSIONER.  (a)  The commissioner shall appoint a deputy commissioner.  In order to serve as deputy commissioner, a person must have practical knowledge of agriculture, horticulture, manufacturing, and related industries and of the proper method of marketing the products of those industries.
(b)  The deputy commissioner shall take the oath of office required of the commissioner.
(c)  The deputy commissioner shall perform duties assigned by the commissioner.  In addition, the deputy commissioner shall perform the duties assigned by law to the commissioner during a necessary and unavoidable absence of the commissioner or during the commissioner's inability to act.
(d)  The deputy commissioner serves at the will of the commissioner.
(e)  The state shall pay the expenses incurred by the deputy commissioner while traveling on the business of the office under the direction of the commissioner.
Acts 1981, 67th Leg., p. 1016, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 2003, 78th Leg., ch. 285, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 11 - Administration › Section 11.008. Funds of the Department

Sec. 11.008.  FUNDS OF THE DEPARTMENT.  Except as otherwise provided by law, all money paid to the department is subject to Subchapter F, Chapter 404, Government Code.
Acts 1981, 67th Leg., p. 1017, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 1.01, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.001. Execution of Laws

Sec. 12.001.  EXECUTION OF LAWS.  The department shall execute all applicable laws relating to agriculture.
Acts 1981, 67th Leg., p. 1017, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.0011. Authority to Enter Into Cooperative Agreements

Sec. 12.0011.  AUTHORITY TO ENTER INTO COOPERATIVE AGREEMENTS.  To carry out its duties under this code, the department may enter into cooperative agreements with:
(1)  private entities;  and
(2)  local, state, federal, and foreign governmental entities.
Added by Acts 2001, 77th Leg., ch. 52, Sec. 1, eff. May 7, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.0012. Notification

Sec. 12.0012.  NOTIFICATION.  The department shall, upon submission for publication, notify the Texas Division of Emergency Management of each quarantine it adopts.  The department shall thereafter cooperate with the Texas Division of Emergency Management in implementing any necessary safeguards to protect the state's agricultural resources from potential economic, health, or ecological disaster that may result from the quarantined pest or disease.
Added by Acts 2003, 78th Leg., ch. 1107, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 2B.01, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.002. Development of Agriculture

Sec. 12.002.  DEVELOPMENT OF AGRICULTURE.  The department shall encourage the proper development and promotion of agriculture, horticulture, and other industries that grow, process, or produce products in this state.
Acts 1981, 67th Leg., p. 1017, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 2001, 77th Leg., ch. 208, Sec. 1, eff. May 21, 2001;  Acts 2003, 78th Leg., ch. 265, Sec. 1, eff. June 18, 2003.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.0025. Nutrition Programs

Sec. 12.0025.  NUTRITION PROGRAMS.  The department shall administer the following federal and state nutrition programs:
(1)  the commodity supplemental food program under 7 U.S.C. Section 612c;
(2)  the food distribution program under 7 U.S.C. Section 612c;
(3)  the emergency food assistance program under 7 U.S.C. Section 7501 et seq.;
(4)  the school lunch program under 42 U.S.C. Section 1751 et seq.;
(5)  the summer food service program under 42 U.S.C. Section 1761;
(6)  the child and adult care food program under 42 U.S.C. Section 1766;
(7)  the special milk program under 42 U.S.C. Section 1772; and
(8)  the school breakfast program under 42 U.S.C. Section 1773.
Added by Acts 2007, 80th Leg., R.S., Ch. 963 (H.B. 4062), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.0027. Nutrition Outreach Program

Sec. 12.0027.  NUTRITION OUTREACH PROGRAM.  (a)  The department may develop an outreach program to promote better health and nutrition programs and prevent obesity among children in this state.
(b)  The department may solicit and accept gifts, grants, and donations from any public or private source for the purposes of this section.
(c)  The department may adopt rules as necessary to administer an outreach program established under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 9.03, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 728 (S.B. 282), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.0028. Limitation on Sanctions Imposed on School Districts for Sale of Foods of Minimal Nutritional Value

Sec. 12.0028.  LIMITATION ON SANCTIONS IMPOSED ON SCHOOL DISTRICTS FOR SALE OF FOODS OF MINIMAL NUTRITIONAL VALUE.  (a)  In this section, "food of minimal nutritional value" has the meaning assigned by 7 C.F.R. Section 210.11(a)(2).
(b)  The department may not impose on a school district a sanction, including disallowing meal reimbursement, based on the sale to students at a high school of food of minimal nutritional value, if the sale is approved in advance by the school and is made:
(1)  outside of a school area designated for food service or food consumption or during a period other than a school meal service period; and
(2)  for the purpose of raising money for a student organization or activity sponsored or sanctioned by the school or the school district in which the school is located.
Added by Acts 2013, 83rd Leg., R.S., Ch. 672 (H.B. 1781), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.003. Agricultural Societies

Sec. 12.003.  AGRICULTURAL SOCIETIES.  The department shall encourage the organization of agricultural societies.
Acts 1981, 67th Leg., p. 1017, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.006. Development of Domestic and Foreign Markets

Sec. 12.006.  DEVELOPMENT OF DOMESTIC AND FOREIGN MARKETS.  The department shall investigate and report on the question of broadening the market and increasing the demand for cotton goods and all other agricultural or horticultural products in the United States and foreign countries.  The department shall compile information beneficial to farmers, including information pertaining to:
(1)  the number of bales of cotton consumed by spinners in foreign countries;
(2)  the demand for cotton produced in Texas;
(3)  the methods and course of sales to foreign countries, showing the purchasers, brokers, and others who handle the cotton after it leaves the producers;  and
(4)  countries with which trade could be increased, thereby creating a better outlet for trade and the best method for bringing consumer and purchaser together.
Acts 1981, 67th Leg., p. 1018, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.007. Plant Diseases and Pests

Sec. 12.007.  PLANT DISEASES AND PESTS.  The department shall investigate the diseases of crops grown in this state, including grain, cotton, and fruit, to discover remedies.  The department shall also investigate the habits and propagation of insects that are injurious to the crops of the state and the best methods for their destruction.  The department shall supervise the protection of fruit trees, shrubs, and plants as provided by law.
Acts 1981, 67th Leg., p. 1018, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.010. Correspondence With Government Agencies and Others

Sec. 12.010.  CORRESPONDENCE WITH GOVERNMENT AGENCIES AND OTHERS.  The department shall correspond with the United States Department of Agriculture, with the agriculture departments of the other states and territories, and, at the option of the department, with the agriculture departments of foreign countries and representatives of the United States in those countries, for the purpose of gathering information that will advance the interests of agriculture in the state.  For the same purpose, the department may correspond with organizations and individuals whose objective is the promotion of agriculture in any branch.
Acts 1981, 67th Leg., p. 1019, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.011. Agricultural Resource Statistics

Sec. 12.011.  AGRICULTURAL RESOURCE STATISTICS.  The department shall collect and publish statistics and other information relating to industries of this state and other states that the department considers beneficial in developing the agricultural resources of this state.
Acts 1981, 67th Leg., p. 1019, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 2001, 77th Leg., ch. 52, Sec. 2, eff. May 7, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.013. Employees

Sec. 12.013.  EMPLOYEES.  (a)  The department may employ personnel as the duties of the department require.  The commissioner shall provide to the department's employees, as often as necessary, information regarding their qualifications for employment and their responsibilities under applicable laws relating to standards of conduct for state employees.
(b)  The commissioner or the commissioner's designee shall develop a system of annual performance evaluations that are based on documented employee performance.  All merit pay for department employees must be based on the system established under this subsection.
(c)  The commissioner or the commissioner's designee shall develop an intraagency career ladder program that addresses opportunities for mobility and advancement for employees within the department.  The program shall require intraagency postings of all positions concurrently with any public posting.
(d)  The commissioner or the commissioner's designee shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that comply with the requirements of Chapter 21, Labor Code;
(2)  a comprehensive analysis of the department work force that meets federal and state guidelines;
(3)  procedures by which a determination can be made about the extent of underuse in the department work force of all persons for whom federal or state guidelines encourage a more equitable balance;  and
(4)  reasonable methods to appropriately address those areas of underuse.
(e)  A policy statement prepared under Subsection (d) of this section must cover an annual period, be updated annually and reviewed by the Texas Commission on Human Rights for compliance with Subsection (d)(1) of this section, and be filed with the governor's office.
(f)  The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (e) of this section.  The report may be made separately or as a part of other biennial reports made to the legislature.
Acts 1981, 67th Leg., p. 1019, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 3, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 419, Sec. 1.02, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.0135. Conflict Provisions

Sec. 12.0135.  CONFLICT PROVISIONS.  (a)  A person may not be a department employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of agriculture; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of agriculture.
(b)  A person may not act as the general counsel to the commissioner or the department if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the department.
(c)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 4, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 8.02, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.0144. Fee Schedule

Sec. 12.0144.  FEE SCHEDULE.  The department shall by rule adopt a schedule for all fees set by the department under this code.  Except for those activities exempted in the General Appropriations Act, the department shall set fees in an amount which offsets, when feasible, the direct and indirect state costs of administering its regulatory activities.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 2.01, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.0145. Submission of Proposed Fee Schedule

Sec. 12.0145.  SUBMISSION OF PROPOSED FEE SCHEDULE.  The department shall include, as part of each request for legislative appropriations submitted to the Legislative Budget Board, a proposed fee schedule that would recover all direct costs of administering each regulatory program of the department except a regulatory program exempted by the department because increased cost recovery would be contrary to the program's purpose.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 6, eff. Sept. 1, 1989.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.015. Cooperation With Texas a & M University and Experiment Stations

Sec. 12.015.  COOPERATION WITH TEXAS A & M UNIVERSITY AND EXPERIMENT STATIONS.  This chapter does not affect the scope or character of the work of Texas A & M University or of the agricultural experiment stations, and the department shall cooperate with them in all matters relating to the agricultural and horticultural interests of the state.
Acts 1981, 67th Leg., p. 1020, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.016. Rules

Sec. 12.016.  RULES.  The department may adopt rules as necessary for the administration of its powers and duties under this code.
Acts 1981, 67th Leg., p. 1020, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 1.03, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.0175. "Go-Texan" Program

Sec. 12.0175.  "GO-TEXAN" PROGRAM.  (a)  The department by rule shall establish the "GO-TEXAN" program to promote and encourage the development and expansion of markets for Texas agricultural products and other products grown, processed, or produced in the state.
(b)  The department may charge a membership fee, as provided by department rule, for each participant in the "GO-TEXAN" program.
(c)  The department shall adopt rules necessary to administer the "GO-TEXAN" program established under this section, including rules:
(1)  governing the use of any registered logo of the department;
(2)  providing membership eligibility requirements and grounds for denial of membership;
(3)  establishing membership categories or tiers; and
(4)  specifying membership benefits.
(d)  The department may revoke or cancel a certificate of registration or license issued under the "GO-TEXAN" program established under this section if a participant fails to comply with a rule adopted by the department.
(e)  In this section, "Texas agricultural product" means an agricultural, apicultural, horticultural, silvicultural, viticultural, or vegetable product, either in its natural or processed state, that has been produced, processed, or otherwise had value added to the product in this state, including:
(1)  feed for use by livestock or poultry;
(2)  fish or other aquatic species;
(3)  livestock, a livestock product, or a livestock by-product;
(4)  planting seed;
(5)  poultry, a poultry product, or a poultry by-product; or
(6)  wildlife processed for food or by-products.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 8, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 9.01, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 650, Sec. 2, eff. Aug. 30, 1993;  Acts 2001, 77th Leg., ch. 208, Sec. 2, eff. May 21, 2001;  Acts 2003, 78th Leg., ch. 265, Sec. 2, 3, eff. June 18, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.0176. Cooperation With Certain Commodity Producers Boards

Sec. 12.0176.  COOPERATION WITH CERTAIN COMMODITY PRODUCERS BOARDS.  (a)   The department may, to the extent that resources are available, enter into a cooperative agreement with a commodity producers board to increase the effectiveness and efficiency of the promotion of Texas agricultural products.
(b)  A cooperative agreement may include:
(1)  provisions relating to the programs instituted by the department under this chapter and Chapter 46;
(2)  provisions relating to board contributions for promotional costs;  and
(3)  any other provisions the department and the board consider appropriate.
(c)  Funds contributed by a board under an agreement under this section are not state funds.
Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 25.01, eff. Jan. 11, 2004.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.0177. Texas Nursery and Floral Account

Sec. 12.0177.  TEXAS NURSERY AND FLORAL ACCOUNT.  Amounts collected under Sections 71.043(b)(2) and 71.057(e)(2) shall be deposited to the credit of the Texas nursery and floral account.  The Texas nursery and floral account is an account in the general revenue fund.  Money in the account may be used only by the department for:
(1)  making grants to promote and market the Texas nursery and floral industries; and
(2)  administering this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 960 (H.B. 3496), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.018. Testing

Sec. 12.018.  TESTING.  (a)  On request of any person, the department may test an agricultural product for aflatoxins.  The department may set and charge a fee, as provided by department rule, for each test.
(b)  On request of any person, the department may perform laboratory analyses on agricultural products, including testing for pesticide residue, protein content, and milk butterfat content.
(c)  The department shall set by rule the fee for each type of laboratory analysis.
Acts 1981, 67th Leg., p. 1020, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 239, Sec. 56, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 230, Sec. 9, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 419, Sec. 2.02, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.0201. License Sanctions

Sec. 12.0201.  LICENSE SANCTIONS.  (a)  In addition to other sanctions provided by law, the department may revoke, modify, suspend, or refuse to issue or renew a license, assess an administrative penalty, place on probation a person whose license has been suspended, or reprimand a license holder if the department finds that the practitioner:
(1)  violated a provision of this code or Chapter 1951, Occupations Code;
(2)  violated a rule adopted by the department under this code or Chapter 1951, Occupations Code; or
(3)  after appropriate notice, failed to comply with an order of the department.
(b)  In addition to any other actions permitted under this code or Chapter 1951, Occupations Code, if a license suspension is probated, the department may require the practitioner:
(1)  to maintain additional information in the practitioner's records;
(2)  to report regularly to the department on matters that are the basis of the probation;
(3)  to limit practice to the areas prescribed by the department; or
(4)  to continue or review professional education until the practitioner attains a degree of skill satisfactory to the department in those areas that are the basis of the probation.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.04, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 52, Sec. 3, eff. May 7, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 7.01, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 12 - Powers and Duties › Section 12.0202. Administrative Hearings

Sec. 12.0202.  ADMINISTRATIVE HEARINGS.  If the department proposes to suspend, revoke, or refuse to renew a person's license, the person is entitled to a hearing conducted by the State Office of Administrative Hearings.  Proceedings for a disciplinary action are governed by Chapter 2001, Government Code.  Rules of practice adopted by the department under Section 2001.004, Government Code, applicable to the proceedings for a disciplinary action may not conflict with rules adopted by the State Office of Administrative Hearings.
Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.04, eff. Sept. 1, 1995.