reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle F - Hemp › Chapter 122 - Cultivation of Hemp › Subchapter H. Transportation Requirements › Section 122.355. Hemp Transportation Account

Sec. 122.355.  HEMP TRANSPORTATION ACCOUNT.  (a) The hemp transportation account is a dedicated account in the general revenue fund administered by the department.  The account consists of:
(1)  civil penalties collected under this subchapter; and
(2)  interest and income earned on the investment of money in the account.
(b)  Money in the account may be appropriated only to the department for the administration and enforcement of this subchapter.  The department may transfer money appropriated under this subsection to the Department of Public Safety for the administration and enforcement of that department's powers and duties under this subchapter, unless prohibited by other law.
Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle F - Hemp › Chapter 122 - Cultivation of Hemp › Subchapter H. Transportation Requirements › Section 122.356. Documentation and Other Shipping Requirements

Sec. 122.356.  DOCUMENTATION AND OTHER SHIPPING REQUIREMENTS.  (a)  A person may not transport hemp plant material in this state unless the hemp:
(1)  is produced in compliance with:
(A)  a state or tribal plan approved by the United States Department of Agriculture under 7 U.S.C. Section 1639p; or
(B)  a plan established under 7 U.S.C. Section 1639q if the hemp was cultivated in an area where that plan applies; and
(2)  is accompanied by:
(A)  a shipping certificate or cargo manifest issued under Section 122.055 if the hemp originated in this state; or
(B)  documentation containing the name and address of the place where the hemp was cultivated and a statement that the hemp was produced in compliance with 7 U.S.C. Chapter 38, Subchapter VII, if the hemp originated outside this state.
(b)  A person transporting hemp plant material in this state:
(1)  may not concurrently transport any cargo that is not hemp plant material; and
(2)  shall furnish the documentation required by this section to the department or any peace officer on request.
Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle F - Hemp › Chapter 122 - Cultivation of Hemp › Subchapter H. Transportation Requirements › Section 122.357. Agricultural Pests and Diseases

Sec. 122.357.  AGRICULTURAL PESTS AND DISEASES.  A person may not transport in this state hemp that contains an agricultural pest or disease as provided by department rule.
Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle F - Hemp › Chapter 122 - Cultivation of Hemp › Subchapter H. Transportation Requirements › Section 122.358. Powers and Duties of Peace Officers

Sec. 122.358.  POWERS AND DUTIES OF PEACE OFFICERS.  (a) A peace officer may inspect and collect a reasonably sized sample of any material from the plant Cannabis sativa L. found in a vehicle to determine the delta-9 tetrahydrocannabinol concentration of the plant material. Unless a peace officer has probable cause to believe the plant material is marihuana, the peace officer may not:
(1)  seize the plant material; or
(2)  arrest the person transporting the plant material.
(b)  A peace officer may detain any hemp being transported in this state until the person transporting the hemp provides the documentation required by Section 122.356. The peace officer shall immediately release the hemp to the person if the person produces documentation required by that section.
(c)  If a peace officer has probable cause to believe that a person transporting hemp in this state is also transporting marihuana or a controlled substance, as defined by Section 481.002, Health and Safety Code, or any other illegal substance under state or federal law, the peace officer may seize and impound the hemp along with the controlled or illegal substance.
(d)  This subchapter does not limit or restrict a peace officer from enforcing to the fullest extent the laws of this state regulating marihuana and controlled substances, as defined by Section 481.002, Health and Safety Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle F - Hemp › Chapter 122 - Cultivation of Hemp › Subchapter H. Transportation Requirements › Section 122.359. Civil Penalty

Sec. 122.359.  CIVIL PENALTY.  (a) A person who violates Section 122.356 is liable to this state for a civil penalty in an amount not to exceed $500 for each violation.
(b)  The attorney general or any district or county attorney may bring an action to recover the civil penalty.
(c)  A civil penalty collected under this section must be deposited in the hemp transportation account under Section 122.355.
Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle F - Hemp › Chapter 122 - Cultivation of Hemp › Subchapter H. Transportation Requirements › Section 122.360. Criminal Offense

Sec. 122.360.  CRIMINAL OFFENSE.  (a) A person commits an offense if the person violates Section 122.356.
(b)  An offense under this section is a misdemeanor punishable by a fine of not more than $1,000.
Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle F - Hemp › Chapter 122 - Cultivation of Hemp › Subchapter I. Enforcement; Penalties › Section 122.401. Penalty Schedule

Sec. 122.401.  PENALTY SCHEDULE.  (a)  The department by rule shall adopt a schedule of sanctions and penalties for violations of this chapter and rules adopted under this chapter that does not conflict with 7 U.S.C. Section 1639p(e).
(b)  A penalty collected under this chapter other than a civil penalty collected under Subchapter H must be deposited in the state hemp production account under Section 122.003.
Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle F - Hemp › Chapter 122 - Cultivation of Hemp › Subchapter I. Enforcement; Penalties › Section 122.402. Administrative Penalty

Sec. 122.402.  ADMINISTRATIVE PENALTY.  Except as provided by Section 122.403 and to the extent permitted under 7 U.S.C. Section 1639p(e), the department may impose an administrative penalty or other administrative sanction for a violation of this chapter or a rule or order adopted under this chapter, including a penalty or sanction under Section 12.020 or 12.0201.
Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle F - Hemp › Chapter 122 - Cultivation of Hemp › Subchapter I. Enforcement; Penalties › Section 122.403. Negligent Violations by License Holder

Sec. 122.403.  NEGLIGENT VIOLATIONS BY LICENSE HOLDER.  (a)  If the department determines that a license holder negligently violated this chapter or a rule adopted under this chapter, the department shall enforce the violation in the manner provided by 7 U.S.C. Section 1639p(e).
(b)  A license holder described by Subsection (a) is not subject to a civil, criminal, or administrative enforcement action other than an enforcement action provided by this chapter.
(c)  A license holder who violates this chapter by cultivating plants described by Section 122.202(b)(2):
(1)  must comply with an enhanced testing protocol developed by the department;
(2)  shall pay a fee in the amount of $500 for each violation to cover the department's costs of administering the enhanced testing protocol; and
(3)  shall be included on a list maintained by the department of license holders with negligent violations, which is public information for purposes of Chapter 552, Government Code.
(d)  A person who negligently violates this chapter three times in any five-year period may not cultivate, process, or otherwise produce hemp in this state before the fifth anniversary of the date of the third violation.  The department shall include each person subject to this subsection on a list of banned producers, which is public information for purposes of Chapter 552, Government Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle F - Hemp › Chapter 122 - Cultivation of Hemp › Subchapter I. Enforcement; Penalties › Section 122.404. Other Violations by License Holder

Sec. 122.404.  OTHER VIOLATIONS BY LICENSE HOLDER.  If the department suspects or determines that a license holder violated this chapter or a rule adopted under this chapter with a culpable mental state greater than negligence, the department shall immediately report the license holder to:
(1)  the United States attorney general; and
(2)  the attorney general of this state, who may:
(A)  investigate the violation;
(B)  institute proceedings for injunctive or other appropriate relief on behalf of the department; or
(C)  report the matter to the Department of Public Safety and any other appropriate law enforcement agency.
Added by Acts 2019, 86th Leg., R.S., Ch. 764 (H.B. 1325), Sec. 2, eff. June 10, 2019.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle G - Workplace Chemicals › Chapter 125 - Agricultural Hazard Communication Act › Section 125.001. Declaration of Purpose

Sec. 125.001.  DECLARATION OF PURPOSE.  The legislature finds that the health and safety of persons living and working in agricultural areas in the state may be improved by providing access to information regarding certain hazardous chemicals to which they may be exposed either during their normal employment activities, during emergency situations, or as a result of proximity to the use of those chemicals.  The legislature also finds that, because of the conditions of agricultural employment, there is a unique situation regarding certain agricultural laborers that makes it necessary to establish formal procedures to provide access to information regarding certain hazardous chemicals and to assure those laborers that there will be no retaliation by the employer for the exercise of rights under this chapter.  This chapter is intended to assure that accessibility to information regarding chemicals covered by this chapter be provided to agricultural laborers who may be exposed to those chemicals in agricultural workplaces, to certain emergency service organizations responsible for dealing with chemical hazards during emergency situations when those chemicals are in close proximity to residential areas, and to the department to make the information available to the general public through specific procedures.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1, 1988.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle G - Workplace Chemicals › Chapter 125 - Agricultural Hazard Communication Act › Section 125.003. Application

Sec. 125.003.  APPLICATION.  (a)  This chapter applies only to the following employers who annually use or store any one of the chemicals covered by this chapter in excess of 55 gallons or 500 pounds or an amount that the department determines by rule for certain highly toxic or dangerous chemicals covered by this chapter:
(1)  employers who themselves or through labor agents hire agricultural laborers to perform seasonal or migrant work and whose gross annual payroll for those laborers is $15,000 or more;  and
(2)  employers who themselves or through labor agents hire agricultural laborers for purposes other than seasonal or migrant work and whose gross annual payroll for those laborers is $50,000 or more.
(b)  This chapter applies only to the following chemicals:
(1)  chemicals labeled under the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Section 136 et seq.);  and
(2)  fertilizers with chemicals that are listed or defined as hazardous chemicals in 29 CFR Section 1910.1200(c) or 1910.1200(d)(3), including those listed or defined in subsequent comparable regulations.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1, 1988.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle G - Workplace Chemicals › Chapter 125 - Agricultural Hazard Communication Act › Section 125.004. Workplace Chemical List

Sec. 125.004.  WORKPLACE CHEMICAL LIST.  (a)  An employer covered by this chapter shall compile and maintain a workplace chemical list on a form prescribed by the department that contains the following information by crop for each chemical covered by this chapter that is actually used or stored annually in the workplace in excess of 55 gallons or 500 pounds or an amount that the department determines by rule for certain highly toxic or dangerous chemicals covered by this chapter:
(1)  the product name used on the MSDS and container label and the Environmental Protection Agency registration number, if applicable;
(2)  the date and crop on which the chemical was applied or used;  and
(3)  the work area in which the chemical is actually stored or used.
(b)  The employer shall update the workplace chemical list as necessary but not less frequently than annually.
(c)  The workplace chemical list may be prepared for the workplace as a whole or for each work area and must be readily available to agricultural laborers and their designated representatives.  New or newly assigned agricultural laborers shall be made aware of the workplace chemical list before working with chemicals covered by this chapter or in a work area containing those chemicals.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1, 1988.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle G - Workplace Chemicals › Chapter 125 - Agricultural Hazard Communication Act › Section 125.006. Material Safety Data Sheets

Sec. 125.006.  MATERIAL SAFETY DATA SHEETS.  (a)  Chemical manufacturers and distributors shall provide appropriate MSDSs to purchasers in this state of chemicals covered by this chapter.
(b)  Employers covered by this chapter shall maintain the most current MSDS received from manufacturers or distributors for each purchased chemical covered by this chapter.  If an MSDS has not been provided by the manufacturer or distributor for chemicals on the workplace chemical list at the time the chemicals are received at the workplace, the employer shall request one in writing from the manufacturer or distributor in a timely manner.  This chapter does not require an employer who is not a chemical manufacturer to create an MSDS.
(c)  The department may require any person who has or obtains a registration for a pesticide under Sections 76.041-76.048 of this code to provide with the registration a copy of the most current and complete MSDS for that pesticide.
(d)  The department by rule may require chemical manufacturers to submit MSDSs for chemicals covered by this chapter, excluding chemicals covered by Subsection (c) of this section.
(e)  All MSDSs in the files of the department are public records.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle G - Workplace Chemicals › Chapter 125 - Agricultural Hazard Communication Act › Section 125.007. Labels

Sec. 125.007.  LABELS.  (a)  Existing labels on incoming containers of chemicals covered by this chapter may not be removed or defaced.
(b)  Agricultural laborers may not be required to work with a chemical covered by this chapter from an unlabeled container except for a portable container intended for the immediate use of the laborer who performs the transfer.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1, 1988.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle G - Workplace Chemicals › Chapter 125 - Agricultural Hazard Communication Act › Section 125.008. Emergency Information

Sec. 125.008.  EMERGENCY INFORMATION.  (a)  Employers covered by this chapter and other entities who normally store products labeled under the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Section 136 et seq.) in an amount in excess of 55 gallons or 500 pounds or an amount the department determines by rule for certain highly toxic or dangerous chemicals covered by this chapter within one-quarter mile of a residential area composed of three or more private dwellings shall provide to the fire chief of the fire department having jurisdiction over the storage place, in writing, the names and telephone numbers of knowledgeable representatives of the employer or other entity storing the product who can be contacted for further information or contacted in case of an emergency.
(b)  Each employer, on request, shall provide a copy of the workplace chemical list to the fire chief having jurisdiction over the storage place.  The employer shall notify the fire chief of any significant changes that occur in the workplace chemical list.
(c)  The fire chief having jurisdiction over the storage place or his representative, on request, shall be permitted to conduct on-site inspections of the chemicals on the workplace chemical list for the sole purpose of preparing fire department activities in case of an emergency.
(d)  Employers shall provide to the fire chief having jurisdiction over the storage place, on request, a copy of the MSDS for any chemical on the workplace chemical list.
(e)  On request, the fire chief having jurisdiction over the storage place shall make the workplace chemical list and MSDSs available to members of the fire department having jurisdiction over the workplace and to other personnel outside the fire department who are responsible for preplanning emergency activities, but may not otherwise distribute the information without approval of the employer.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1, 1988.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle G - Workplace Chemicals › Chapter 125 - Agricultural Hazard Communication Act › Section 125.010. Crop Sheet Developed by Department

Sec. 125.010.  CROP SHEET DEVELOPED BY DEPARTMENT.  (a)  The department shall develop crop sheets that contain the following information:
(1)  the kinds of chemicals typically used on a particular crop;
(2)  the typical time a chemical is applied to a particular crop;
(3)  general safety information, including information on general hygiene, clothing, contact with chemicals, medical symptoms, pregnancy, and other relevant safety data;
(4)  a notice of the training programs and the counties in which the programs will be conducted;
(5)  the availability of MSDSs for chemicals used on a particular crop;
(6)  the means of locating emergency medical information;
(7)  agricultural laborers' rights under this chapter;
(8)  the name and telephone number of the person to contact for information under this chapter;
(9)  the appropriate telephone number for emergency information;  and
(10)  any other safety or health-related information the department considers relevant.
(b)  The information on the crop sheet must be printed in English and Spanish, except that the information required by Subsections (a)(1) and (a)(2) of this section is required to be printed only in English.  The department may provide crop sheets printed in other languages commonly used by agricultural laborers who work with a particular crop.
(c)  The department shall develop the crop sheets in conjunction with the Texas Department of Health, the Texas Agricultural Extension Service, other appropriate state agencies, and clinics, hospitals, and other health care providers in counties in which training programs are provided by the department under Section 125.009 of this code.
(d)  Annually, the department shall:
(1)  provide appropriate crop sheets to clinics, hospitals, and other health care providers that serve agricultural laborers and that are located in counties in which the training program is provided;  and
(2)  provide to an employer covered by this chapter one crop sheet for each crop grown by that employer.
(e)  The director of the Texas Feed and Fertilizer Control Service under Section 63.003 of this code shall provide to the department the information that is needed by the department under Subsection (a) of this section for the fertilizers that are covered by this chapter.
(f)  For purposes of developing crop sheets under this chapter and complying with other provisions of this chapter, nursery stock, stored grain, and other logical groupings may be considered a single crop as determined by rules adopted by the department.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1, 1988.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle G - Workplace Chemicals › Chapter 125 - Agricultural Hazard Communication Act › Section 125.011. Crop Sheet Provided by Employer

Sec. 125.011.  CROP SHEET PROVIDED BY EMPLOYER.  (a)  An employer covered by this chapter shall provide crop sheets to each agricultural laborer pertaining to the crops that laborer will be working with if:
(1)  the laborer does not have a card issued under Section 125.009(g) of this code;  or
(2)  the laborer requests the crop sheets.
(b)  An employer who is required under Subsection (a) of this section to provide crop sheets to an agricultural laborer shall ensure that the information on a crop sheet required by Sections 125.010(a)(3), (a)(4), and (a)(10) of this code that pertains to the crops with which the laborer will be working is read to the laborer at least once each work season.  When the crop sheet is read, the employer or the employer's agent shall inform the laborer of the date on which chemicals covered by this chapter were last applied or are scheduled to be applied to the field or to other areas in which the laborer will be working and shall inform the laborer of the time on which the reentry period, if any, expired for chemicals covered by this chapter that have been applied.
(c)  If an employer is required under Subsection (b) of this section to read a crop sheet to an agricultural laborer, the employer or a person designated by the employer shall read the appropriate crop sheets on the first day of each work season or on the day the laborer begins employment with that employer, whichever is later.
(d)  In addition to the crop sheet, the department shall require an employer to offer to the agricultural laborer, on the day on which the laborer is given his first pay for that work season, basic safety and health-related information approved by the department.  That information shall be available to the employers free of charge.
(e)  An employer who does not provide or read the crop sheets as required by this section is not entitled to the 14 days' written notice provided by Section 125.016(d) of this code.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1, 1988.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle G - Workplace Chemicals › Chapter 125 - Agricultural Hazard Communication Act › Section 125.012. Protective Clothing

Sec. 125.012.  PROTECTIVE CLOTHING.  An employer covered by this chapter shall provide any protective clothing or device that is recommended by the MSDS, crop sheet, or department rule and that is in addition to the standard long-sleeved shirt, long pants, boots or shoes, and socks normally provided by the agricultural laborer.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1, 1988.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle G - Workplace Chemicals › Chapter 125 - Agricultural Hazard Communication Act › Section 125.013. Rights of Agricultural Laborers

Sec. 125.013.  RIGHTS OF AGRICULTURAL LABORERS.  (a)  Agricultural laborers employed by employers covered by this chapter who may be exposed to chemicals covered by this chapter shall be informed of the exposure and shall have access to the workplace chemical list and MSDSs for those chemicals.  Laborers, on request, shall be provided a copy of a specific MSDS.  In addition, laborers shall receive training on the hazards of the chemicals and on measures they can take to protect themselves from those hazards and shall be provided with appropriate personal protective equipment as required by this chapter.  These rights are guaranteed on January 1, 1988.
(b)  An employer covered by this chapter may not discharge, cause to be discharged, otherwise discipline, or in any manner discriminate against an agricultural laborer because the laborer has made an inquiry, filed a complaint, assisted an inspector of the department who may make or is making an inspection under Section 125.016 of this code, instituted or caused to be instituted any proceeding under or related to this chapter, testified or is about to testify in such a proceeding, or exercised any rights afforded under this chapter on behalf of the laborer or on behalf of others.  Pay, position, seniority, or other benefits may not be lost as the result of the exercise of any right provided by this chapter.
(c)  Any waiver by an agricultural laborer of the benefits or requirements of this chapter is against public policy and is void.  Any employer's request or requirement that a laborer waive any rights under this chapter as a condition of employment is a violation of this chapter.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1, 1988.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle G - Workplace Chemicals › Chapter 125 - Agricultural Hazard Communication Act › Section 125.014. Department Rules; Outreach Program

Sec. 125.014.  DEPARTMENT RULES;  OUTREACH PROGRAM.  (a)  The department may adopt rules and administrative procedures reasonably necessary to carry out the purposes of this chapter.
(b)  The department shall develop and provide to each employer covered by this chapter a suitable form of notice providing agricultural laborers with information regarding their rights under this chapter.
(c)  As part of an outreach program, the department shall develop and distribute a supply of informational leaflets on employers' duties, agricultural laborers' rights, the public's ability to obtain information under this chapter, the outreach program, and the effects of chemicals covered by this chapter.
(d)  The department may contract with a public institution of higher education or other public or private organizations to develop and implement the outreach program.
(e)  The department shall publicize the availability of information to answer inquiries from agricultural laborers, employers, or the public in this state concerning the effects of chemicals covered by this chapter.
(f)  In cooperation with the department, an employer covered by this chapter may provide an outreach program in the community.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1, 1988.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle G - Workplace Chemicals › Chapter 125 - Agricultural Hazard Communication Act › Section 125.015. Liability Under Other Laws

Sec. 125.015.  LIABILITY UNDER OTHER LAWS.  (a)  The provision of information to an agricultural laborer does not in any way affect the liability of an employer with regard to the health and safety of a laborer or other person exposed to chemicals, nor does it affect the employer's responsibility to take any action to prevent the occurrence of occupational disease as required under any other provision of law.
(b)  The provision of information to an agricultural laborer does not affect any other duty or responsibility of a manufacturer, producer, or formulator to warn ultimate users of a chemical under any other provision of law.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1, 1988.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle G - Workplace Chemicals › Chapter 125 - Agricultural Hazard Communication Act › Section 125.017. Compliance With Hazard Communication Act

Sec. 125.017.  COMPLIANCE WITH HAZARD COMMUNICATION ACT.  (a)  If an employer is required to comply with Chapter 502, Health and Safety Code and with this chapter, the employer is required to comply with only the Hazard Communication Act.  However, if an agricultural laborer is not covered under the Hazard Communication Act, the employer shall comply with this chapter for those laborers not covered by the Hazard Communication Act.
(b)  If an employer is covered by both the Hazard Communication Act and this chapter, the employer is required to furnish a workplace chemical list under only one of those laws.
Added by Acts 1987, 70th Leg., ch. 903, Sec. 1, eff. Jan. 1, 1988.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(92), eff. Sept. 1, 1991.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle H - Horticultural Liens › Chapter 128 - Agricultural Chemical and Seed Liens › Subchapter A. General Provisions › Section 128.001. Definitions

Sec. 128.001.  DEFINITIONS.  In this chapter:
(1)  "Agricultural chemical" includes fertilizer material as defined under Section 63.001, pesticides as defined under Section 76.001, plant regulators as defined under Section 76.001, lime, plant and soil amendments, plant food, herbicides, and chemical compounds that are applied to crops or to land used for growing crops.
(2)  "Agricultural seed" has the meaning assigned under Section 61.001.
(3)  "Labor" means labor or services performed in the application, delivery, or preparation of an agricultural chemical or agricultural seed.
(4)  "Reasonable or agreed charges" means:
(A)  any agreed price for agricultural chemicals, agricultural seeds, or labor sold or provided to a lien debtor at the lien debtor's request;  or
(B)  the reasonable value of agricultural chemicals, agricultural seeds, or labor, as of the date of application, delivery, or preparation, if there is not an agreed price or an agreed method for determining price.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle H - Horticultural Liens › Chapter 128 - Agricultural Chemical and Seed Liens › Subchapter A. General Provisions › Section 128.002. Proceeds

Sec. 128.002.  PROCEEDS.  (a)  For the purposes of this chapter, proceeds are the amounts received by a lien debtor, before a deduction for taxes, fees, or assessments or a deduction made under a court order, from the sale of:
(1)  the crop that existed at the time of application on the land of the agricultural chemical sold by the lien claimant or applied, delivered, or prepared by the lien claimant;
(2)  the first crop produced on the land after the agricultural chemical sold by the lien claimant or applied, delivered, or prepared by the lien claimant was applied, if crops did not exist on the land at the time the agricultural chemical was applied;  or
(3)  the crop produced from the agricultural seed supplied by the lien claimant or applied, delivered, or prepared by the lien claimant.
(b)  For the purposes of this chapter, the following are not included as proceeds:
(1)  amounts due or owing to a cooperative association under Chapter 51 or 52;  or
(2)  amounts retained by a cooperative association under Chapter 51 or 52.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle H - Horticultural Liens › Chapter 128 - Agricultural Chemical and Seed Liens › Subchapter B. Agricultural Chemical and Seed Lien › Section 128.006. Notice Before Purchase; Required Notice Before Claiming Lien

Sec. 128.006.  NOTICE BEFORE PURCHASE;  REQUIRED NOTICE BEFORE CLAIMING LIEN.  (a)  A person claiming a lien under this chapter must have provided notice of the provisions of this chapter, before purchase, either generally to purchasers of agricultural chemicals, agricultural seeds, or labor as part of the lien claimant's normal business practices or specifically to the lien debtor.  Notice provided under this subsection must read, to the extent applicable, substantially as follows:  "The sale of agricultural chemicals or agricultural seed on credit and the provision of labor related to agricultural chemicals or agricultural seed is subject to Chapter 128, Agriculture Code.  Failure to pay the agreed or reasonable charges for the chemicals, seed, or labor may result in the attachment of a lien to the proceeds of the agricultural products produced with the aid of the chemicals, seed, or labor."  A potential lien claimant may satisfy the requirements of this subsection:
(1)  by printing or stamping the notice on credit applications filled out by purchasers;  and
(2)  for future purchases by purchasers who are not notified on the credit application, by printing or stamping the notice on an invoice or on a statement sent by separate cover.
(b)  Before a person may claim a lien under this chapter, the person must send to the debtor by certified mail written notice that states:
(1)  that the payment of the reasonable or agreed charges is more than 30 days overdue;
(2)  the amount that is overdue;
(3)  that the debtor has the following three alternatives:
(A)  to allow the lien to be filed;
(B)  to enter into an agreement granting a security interest in the proceeds described by Section 128.002 under the Business & Commerce Code;  or
(C)  to pay the reasonable or agreed charges;  and
(4)  in at least 10-point type, that:
(A)  the debtor has until the 10th day after the date on which the notice is received to select an alternative under Subdivision (3), notify the claimant of the alternative selected, and satisfy all the requirements of the selected alternative;  and
(B)  the claimant may file the notice of claim of lien at any time after the 10th day after the date on which the debtor receives the notice if the debtor does not comply with the requirements of Paragraph (A).
Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle H - Horticultural Liens › Chapter 128 - Agricultural Chemical and Seed Liens › Subchapter B. Agricultural Chemical and Seed Lien › Section 128.007. Attachment of Lien

Sec. 128.007.  ATTACHMENT OF LIEN.  (a)  A lien established under this chapter attaches to the proceeds described by Section 128.002.
(b)  A lien established under this chapter attaches on the first day agricultural chemicals, labor, or both are furnished to the lien debtor.  A lien that has attached under this section is removed if the lien claimant does not satisfy the notice and filing requirements of this chapter.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 292, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle H - Horticultural Liens › Chapter 128 - Agricultural Chemical and Seed Liens › Subchapter B. Agricultural Chemical and Seed Lien › Section 128.008. Amount of Lien

Sec. 128.008.  AMOUNT OF LIEN.  The amount of a lien under this chapter is equal to the sum of:
(1)  the amount of the unpaid reasonable or agreed charges for:
(A)  agricultural chemicals, labor, or both, as appropriate, furnished within the 180-day period immediately preceding the day the notice of claim of lien is filed with the secretary of state as provided by this chapter;  and
(B)  agricultural seeds, labor, or both, as appropriate, furnished within the 180-day period immediately preceding the day the notice of claim of lien is filed with the secretary of state as provided by this chapter;  and
(2)  the filing fees for the lien as provided by this chapter.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 292, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle H - Horticultural Liens › Chapter 128 - Agricultural Chemical and Seed Liens › Subchapter B. Agricultural Chemical and Seed Lien › Section 128.009. Person Entitled to File; Exception

Sec. 128.009.  PERSON ENTITLED TO FILE;  EXCEPTION.  (a)  Except as provided by Subsection (b) or by Section 128.047, a person who provides an agricultural chemical, agricultural seed, or labor may file a notice of claim of lien as provided by this chapter.
(b)  A claimant may not file a notice of claim of lien if the settlement of a dispute between the claimant and the debtor has been submitted to the department and is pending.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 292, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle H - Horticultural Liens › Chapter 128 - Agricultural Chemical and Seed Liens › Subchapter B. Agricultural Chemical and Seed Lien › Section 128.010. Perfection of Lien

Sec. 128.010.  PERFECTION OF LIEN.  A lien created under this chapter is perfected on the filing of a notice of claim of lien with the secretary of state as provided by this chapter.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle H - Horticultural Liens › Chapter 128 - Agricultural Chemical and Seed Liens › Subchapter B. Agricultural Chemical and Seed Lien › Section 128.011. Duration of Notice of Claim of Lien

Sec. 128.011.  DURATION OF NOTICE OF CLAIM OF LIEN.  (a)  Except as otherwise provided by this chapter, the notice of claim of lien is effective, and a new notice of claim of lien is not required to maintain the lien, as long as the person who provides the agricultural chemical, agricultural seed, or labor either:
(1)  remains unpaid for the amount secured by the lien;  or
(2)  continues to provide an agricultural chemical, agricultural seed, or labor on a regular basis to the lien debtor.
(b)  For purposes of this section, providing an agricultural chemical, agricultural seed, or labor is not considered to be made on a regular basis if a period of more than 45 days elapses between applications, deliveries, or preparations.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle H - Horticultural Liens › Chapter 128 - Agricultural Chemical and Seed Liens › Subchapter B. Agricultural Chemical and Seed Lien › Section 128.012. Procedures for Settlement of Disputes

Sec. 128.012.  PROCEDURES FOR SETTLEMENT OF DISPUTES.  (a)  The commissioner of agriculture by rule shall establish a procedure to settle a dispute between a claimant supplying agricultural chemicals or labor in the application, delivery, or preparation of agricultural chemicals and a debtor.  The procedures must provide:
(1)  a time requirement for submitting the dispute to the department;
(2)  a time requirement within which a notice of the dispute must be submitted to each party;  and
(3)  a process for evaluating the dispute.
(b)  Each party to the dispute is equally liable for the reasonable costs incurred by the department in carrying out this section.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle H - Horticultural Liens › Chapter 128 - Agricultural Chemical and Seed Liens › Subchapter B. Agricultural Chemical and Seed Lien › Section 128.013. Contents of Notice of Claim of Lien

Sec. 128.013.  CONTENTS OF NOTICE OF CLAIM OF LIEN.  The notice of claim of lien must include:
(1)  the name and address of the lien claimant;
(2)  the name and address of the lien debtor;
(3)  the location of the property to which the agricultural chemical, agricultural seed, or labor was provided;
(4)  a statement that the payment of the reasonable or agreed charges is more than 30 days overdue;
(5)  the amount that is overdue;
(6)  a statement, signed under penalty of perjury, that:
(A)  the lien claimant provided notice of the provisions of this chapter, before purchase, either generally to purchasers of agricultural chemicals, agricultural seeds, or labor as part of the lien claimant's normal business practices or specifically to the lien debtor, in the manner required by Section 128.006(a);
(B)  the lien claimant sent to the lien debtor the notice required by Section 128.006(b);
(C)  more than 10 days have elapsed since the date on which the notice was received by the lien debtor;  and
(D)  the lien debtor has not complied with the requirements of an alternative set out by Section 128.006(b);  and
(7)  a statement that the lien claimant has an agricultural chemical or agricultural seed lien under this chapter.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle H - Horticultural Liens › Chapter 128 - Agricultural Chemical and Seed Liens › Subchapter B. Agricultural Chemical and Seed Lien › Section 128.014. Signature

Sec. 128.014.  SIGNATURE.  The notice of claim of lien shall be signed by the lien claimant or by a person authorized to sign documents of a similar kind on behalf of the claimant.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle H - Horticultural Liens › Chapter 128 - Agricultural Chemical and Seed Liens › Subchapter B. Agricultural Chemical and Seed Lien › Section 128.015. Form

Sec. 128.015.  FORM.  (a)  The notice of claim of lien must be filed on a form that satisfies the requirements of a financing statement under Sections 9.502-9.504, Business & Commerce Code, except that:
(1)  the lien claimant may be identified either as a lien claimant or as a secured party;
(2)  the form must be signed by the lien claimant and is not required to be signed by the lien debtor;  and
(3)  in the space for the description of the collateral, the information specified in Sections 128.013(3), (4), (5), and (7) must be entered.
(b)  A separately signed statement containing the information specified in Section 128.013(6) shall be attached to the form required under Subsection (a).
Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 414, Sec. 2.01, eff. July 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle H - Horticultural Liens › Chapter 128 - Agricultural Chemical and Seed Liens › Subchapter B. Agricultural Chemical and Seed Lien › Section 128.016. Filing and Marking in Office of Secretary of State; Fee

Sec. 128.016.  FILING AND MARKING IN OFFICE OF SECRETARY OF STATE;  FEE.  (a)  The notice of claim of lien shall be filed and marked in the office of the secretary of state in the same manner as a financing statement is filed and marked under Section 9.519, Business & Commerce Code.
(b)  The uniform fee for filing and indexing and for stamping a copy furnished by the secured party is the same as the fee assessed under Section 9.525, Business & Commerce Code.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 414, Sec. 2.02, eff. July 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle H - Horticultural Liens › Chapter 128 - Agricultural Chemical and Seed Liens › Subchapter B. Agricultural Chemical and Seed Lien › Section 128.017. Time of Written Notice

Sec. 128.017.  TIME OF WRITTEN NOTICE.  The lien claimant shall provide written notice of the claim of lien to the lien debtor not later than the 10th day after the date the notice of claim of lien is filed with the office of the secretary of state.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle H - Horticultural Liens › Chapter 128 - Agricultural Chemical and Seed Liens › Subchapter B. Agricultural Chemical and Seed Lien › Section 128.018. Recognition of Notice as Financing Statement

Sec. 128.018.  RECOGNITION OF NOTICE AS FINANCING STATEMENT.  The secretary of state shall recognize a notice of claim of lien under this subchapter as a financing statement under Subchapter E, Chapter 9, Business & Commerce Code.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 414, Sec. 2.03, eff. July 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle H - Horticultural Liens › Chapter 128 - Agricultural Chemical and Seed Liens › Subchapter C. Priority of Lien › Section 128.026. Time of Filing

Sec. 128.026.  TIME OF FILING.  (a)  A lien created under this chapter has the same priority as a security interest perfected by the filing of a financing statement on the date the notice of claim of lien was filed.
(b)  A lien created under this chapter does not have priority over labor claims for wages and salaries for personal services that are provided by an employee to a lien debtor in connection with the production of agricultural products, the proceeds of which are subject to the lien.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle H - Horticultural Liens › Chapter 128 - Agricultural Chemical and Seed Liens › Subchapter D. Information Concerning Lien › Section 128.031. Issuance of Certificate to Member of Public; Fee

Sec. 128.031.  ISSUANCE OF CERTIFICATE TO MEMBER OF PUBLIC;  FEE.  (a)  A person may obtain a certificate identifying any lien on file and any notice of claim of lien naming a particular debtor and stating the date and time of filing of each notice and the names and addresses of each lienholder in the certificate.
(b)  The amount of the fee for a certificate under Subsection (a) is the same as the amount of the fee provided by Section 9.525(d), Business & Commerce Code.
Added by Acts 1995, 74th Leg., ch. 197, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 547 (S.B. 1699), Sec. 6, eff. September 1, 2009.