reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14A - Other Public Warehouse Operators › Section 14A.002. Certificate to Transact Business

Sec. 14A.002.  CERTIFICATE TO TRANSACT BUSINESS.  No person may operate a warehouse without first obtaining a certificate to transact business as a public warehouse operator from the county clerk of the county in which the warehouse is located.
Renumbered from Sec. 14.204 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14A - Other Public Warehouse Operators › Section 14A.003. Application for Certificate

Sec. 14A.003.  APPLICATION FOR CERTIFICATE.  (a)  In order to obtain a certificate to transact business, a person must apply in writing to the county clerk of the county in which the warehouse is to be operated.   The application must state the name and location of the warehouse and:
(1)  the name of each person with an interest as owner or principal in the warehouse;  or
(2)  if a corporation owns or manages the warehouse, the name of the president, secretary, and treasurer of the corporation.
(b)  The clerk shall issue the certificate and retain for county records a copy of the application.
Renumbered from Sec. 14.205 by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14A - Other Public Warehouse Operators › Section 14A.004. Bond

Sec. 14A.004.  BOND.  (a)  A person receiving a certificate to transact business shall file a bond with the county clerk granting the certificate.
(b)  The bond must be:
(1)  payable to the State of Texas;
(2)  of good and sufficient surety;
(3)  conditioned on faithful performance of the applicant's duty as a public warehouse operator;  and
(4)  in the amount of $5,000.
(c)  A bond is subject to approval by the county clerk and the clerk shall file approved bonds in the clerk's office.
Renumbered from Sec. 14.206 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14A - Other Public Warehouse Operators › Section 14A.005. Receipts

Sec. 14A.005.  RECEIPTS.  (a)  The owner or depositor of property stored in a warehouse may request from the public warehouse operator a receipt for the property stored in the warehouse.
(b)  The receipt shall be signed by the public warehouse operator or the warehouse operator's agent and shall state:
(1)  that the receipt is issued by a warehouse;
(2)  the date of its issuance;
(3)  the name and location of the warehouse in which the property is stored;  and
(4)  the description, quantity, number, and marks of the property stored.
(c)  The public warehouse operator shall number receipts consecutively in the order of their issue and shall keep a correct record of receipts issued available for public inspection at reasonable hours.
Renumbered from Sec. 14.207 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14A - Other Public Warehouse Operators › Section 14A.006. Receipt for Cotton

Sec. 14A.006.  RECEIPT FOR COTTON.  (a)  A public warehouse operator shall issue a warehouse receipt to any person who deposits cotton in the warehouse operator's warehouse and requests a receipt.
(b)  The receipt shall contain:
(1)  all information required to be included on a receipt by Section 14A.005;
(2)  the date on which the cotton was received in the warehouse;
(3)  a statement that the cotton represented by the receipt is deliverable on return of the receipt properly endorsed and payment of charges for storage and insurance stated on the face of the receipt;  and
(4)  a statement of the grade and staple of the cotton represented by the receipt.
(c)  The statement of grade and staple of cotton required on receipts by this section shall be determined by a licensed public cotton classer.  The public warehouse operator may not charge the depositor of the cotton more than 25 cents per bale for the statement.  If no licensed public cotton classer is available, the warehouse operator may issue a temporary receipt that:
(1)  does not contain a statement of grade and staple of the cotton;
(2)  has the words "temporary receipt" clearly stamped on its face;  and
(3)  is exchangeable at any time after five days from the date of its issuance for a permanent warehouse receipt containing all information required by Subsection (b).
(d)  Failure or neglect by a public warehouse operator to comply with the provisions of this section is a ground for revocation of a certificate to transact business as a public warehouse operator.
Renumbered from Sec. 14.208 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14A - Other Public Warehouse Operators › Section 14A.0065. Receipt for Grapes

Sec. 14A.0065.  RECEIPT FOR GRAPES.  (a)  A public warehouse operator shall issue a warehouse receipt to any person who deposits grapes in the warehouse operator's warehouse and requests a receipt.
(b)  The receipt shall contain:
(1)  all information required to be included on a receipt by Section 14A.005;
(2)  the date on which the grapes were received in the warehouse;
(3)  a statement that the grapes represented by the receipt are deliverable on return of the receipt properly endorsed and payment of charges for storage and insurance stated on the face of the receipt; and
(4)  a statement of the varietal of the grapes represented by the receipt.
(c)  Failure or neglect by a public warehouse operator to comply with the provisions of this section is a ground for revocation of a certificate to transact business as a public warehouse operator.
Added by Acts 2019, 86th Leg., R.S., Ch. 29 (S.B. 1939), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14A - Other Public Warehouse Operators › Section 14A.007. Duplicate Receipts

Sec. 14A.007.  DUPLICATE RECEIPTS.  (a)  A public warehouse operator may not issue a duplicate receipt or two receipts bearing the same number from the same warehouse during the same calendar year, except as provided by Subsection (b).
(b)  If a receipt is lost or destroyed, the public warehouse operator shall issue a new receipt that:
(1)  bears the same date and number as the original receipt;
(2)  is plainly marked "duplicate" on its face;  and
(3)  is secured with a deposit:
(A)  made by the person requesting the duplicate receipt;  and
(B)  acceptable to the warehouse operator to protect a person who may hold the original receipt in good faith and for valuable consideration.
Renumbered from Sec. 14.209 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14A - Other Public Warehouse Operators › Section 14A.008. Exchange of Cotton Receipts

Sec. 14A.008.  EXCHANGE OF COTTON RECEIPTS.  (a)  A person may exchange a nonnegotiable receipt for cotton for a negotiable receipt for cotton by:
(1)  returning the nonnegotiable receipt to the warehouse issuing it;  and
(2)  complying with the provisions of this chapter relating to negotiable receipts.
(b)  When the negotiable receipt is surrendered or canceled, the public warehouse operator shall mark or stamp "canceled" in ink on the face of the receipt.
Renumbered from Sec. 14.210 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14A - Other Public Warehouse Operators › Section 14A.009. Cotton Under Lien

Sec. 14A.009.  COTTON UNDER LIEN.  A person who buys, sells, or deals with cotton on which a lien or encumbrance exists is not liable for conversion of the cotton if:
(1)  the cotton is stored in a warehouse or is evidenced by a negotiable warehouse receipt issued by a public warehouse operator;  and
(2)  the person did not have actual knowledge of the lien or encumbrance at the time of the alleged conversion.
Renumbered from Sec. 14.211 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14A - Other Public Warehouse Operators › Section 14A.010. Receipt to Be Issued Only on Delivery

Sec. 14A.010.  RECEIPT TO BE ISSUED ONLY ON DELIVERY.  A public warehouse operator may not issue a receipt until the goods secured by the receipt are actually delivered to the warehouse and are under the control of the warehouse operator issuing the receipt.
Renumbered from Sec. 14.212 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14A - Other Public Warehouse Operators › Section 14A.011. Delivery

Sec. 14A.011.  DELIVERY.  (a)  A public warehouse operator shall immediately deliver property held in the warehouse on:
(1)  presentation of a properly endorsed receipt issued by the warehouse operator to represent the property;  and
(2)  payment by the holder of the receipt of all proper warehouse charges on property represented by the receipt.
(b)  Unless a receipt has been lost or canceled, a public warehouse operator may not deliver property represented by a receipt until the receipt is surrendered and canceled.
(c)  On delivery of goods represented by a receipt, the public warehouse operator shall cancel the receipt by writing "canceled" in ink on the receipt and placing the warehouse operator's name on the face of the receipt.  A canceled receipt is void and may not be circulated.
(d)  A public warehouse operator who fails to strictly comply with this section is liable to the legal holder of the receipt for the full value of the property represented by the receipt, based on the value of the property at the time of the default.
Renumbered from Sec. 14.213 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14A - Other Public Warehouse Operators › Section 14A.0115. Grape Byproducts

Sec. 14A.0115.  GRAPE BYPRODUCTS.  Notwithstanding any other law, a natural byproduct of grapes stored in a public warehouse operator's warehouse is an agricultural commodity and not subject to regulation under other law, regardless of the byproduct's alcohol content, until the byproduct is:
(1)  removed from the warehouse; or
(2)  mixed with another ingredient.
Added by Acts 2019, 86th Leg., R.S., Ch. 29 (S.B. 1939), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14A - Other Public Warehouse Operators › Section 14A.012. Exceptions

Sec. 14A.012.  EXCEPTIONS.  (a)  This chapter does not apply to private warehouses or the issuance of receipts by the owners or managers of private warehouses.
(b)  This chapter does not prohibit a public warehouse operator from issuing the same types of receipts as issued by a private warehouse, provided that the faces of the receipts are plainly marked with:  "not a public warehouse receipt."
(c)  This chapter does not apply to a producer of grapes who stores in a warehouse owned by the producer grapes produced and owned by the producer.
Renumbered from Sec. 14.214 and amended by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 29 (S.B. 1939), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 14A - Other Public Warehouse Operators › Section 14A.013. Revocation of a Certificate

Sec. 14A.013.  REVOCATION OF A CERTIFICATE.  (a)  A person may sue in the district court of the county in which a warehouse is situated to revoke the certificate of the warehouse.
(b)  The person seeking revocation of the certificate shall provide the court with a written petition setting forth particular violations of the law, and the court shall conduct the trial with the same rules of process, procedure, and evidence used in civil cases.
Renumbered from Sec. 14.216 by Acts 2001, 77th Leg., ch. 1124, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 15 - Farmers Market Nutrition Programs › Section 15.001. Definitions

Sec. 15.001.  DEFINITIONS.  In this chapter:
(1)  "Farmers market" means a location at which a group of two or more farmers that are certified under the department's farmers market certification program offer produce for retail sale.
(2)  "Food coupon" means any redemptive coupon issued by the Department of State Health Services under this chapter that is exchangeable only for produce at a farmers market.
(3)  "Produce" means fresh fruits or vegetables.
(4)  "W.I.C. program" means the federal special supplemental food program for women, infants, and children  administered by the Department of State Health Services.
Added by Acts 1989, 71st Leg., ch. 1191, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.001, eff. April 2, 2015.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 15 - Farmers Market Nutrition Programs › Section 15.002. Establishment of Special Nutrition Program

Sec. 15.002.  ESTABLISHMENT OF SPECIAL NUTRITION PROGRAM.  The Department of State Health Services may establish a special nutrition program to distribute to certain participants of the W.I.C. program food coupons that are redeemable only at farmers markets located in areas in which the program is implemented.
Added by Acts 1989, 71st Leg., ch. 1191, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.002, eff. April 2, 2015.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 15 - Farmers Market Nutrition Programs › Section 15.003. Eligibility; Amount of Allotment

Sec. 15.003.  ELIGIBILITY;  AMOUNT OF ALLOTMENT.  (a)  A person is eligible to participate in the special nutrition program if the person is enrolled in the W.I.C. program and resides in an area in which the special nutrition program is implemented.  The Department of State Health Services shall determine the eligibility of potential participants.
(b)  Only the Department of State Health Services may determine the dollar amount of each participant's monthly allotment of food coupons.
Added by Acts 1989, 71st Leg., ch. 1191, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.003, eff. April 2, 2015.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 15 - Farmers Market Nutrition Programs › Section 15.005. Rules

Sec. 15.005.  RULES.  The executive commissioner of the Health and Human Services Commission shall adopt rules under this chapter that provide for:
(1)  the design, printing, and denominations of the food coupons;
(2)  the procedure for the delivery of the food coupons to participants;
(3)  the procedure for the redemption of food coupons by the sellers of the produce; and
(4)  other rules necessary for carrying out the purposes of this chapter.
Added by Acts 1989, 71st Leg., ch. 1191, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.004, eff. April 2, 2015.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 15 - Farmers Market Nutrition Programs › Section 15.007. Program Funds

Sec. 15.007.  PROGRAM FUNDS.  The Department of State Health Services may accept gifts and grants from the federal government, the state, and private sources as well as legislative appropriations for the program authorized by this chapter.  The use of gifts and grants other than legislative appropriations is subject, after their appropriation, only to limitations contained in the gift or grant.
Added by Acts 1989, 71st Leg., ch. 1191, Sec. 1, eff. Aug. 28, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 6.005, eff. April 2, 2015.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 16 - Fuel Ethanol, Renewable Methane, Biodiesel, and Renewable Diesel Production Incentive Program › Section 16.001. Definitions

Sec. 16.001.  DEFINITIONS.  In this chapter:
(1)  "Account" means the fuel ethanol, renewable methane, biodiesel, and renewable diesel production account.
(2)  "ASTM" means the American Society for Testing and Materials.
(3)  "Biodiesel" means a motor fuel that:
(A)  meets the registration requirements for fuels and fuel additives established by the United States Environmental Protection Agency under Section 211 of the federal Clean Air Act (42 U.S.C. Section 7545);
(B)  is mono-alkyl esters of long chain fatty acids derived from vegetable oils and animal fats;
(C)  meets the requirements of ASTM specification D-6751;
(D)  is intended for use in engines that are designed to run on conventional, petroleum-derived diesel fuel; and
(E)  is derived from agricultural products, vegetable oils, recycled greases, biomass, or animal fats or the wastes of those products or fats.
(4)  "Fuel ethanol" means ethyl alcohol that:
(A)  has a purity of at least 99 percent, exclusive of added denaturants;
(B)  has been denatured in conformity with a method approved by the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the United States Department of Justice;
(C)  meets the requirements of ASTM D4806, the standard specification for ethanol used as a motor fuel;  and
(D)  is produced exclusively from agricultural products or by-products or municipal solid waste.
(4-a)  "Renewable methane" means methane gas derived from animal waste or an agricultural byproduct, including creamery or fruit waste or corn silage.
(5)  "Office" means the Texas Economic Development and Tourism Office.
(6)  "Producer" means a person who operates a fuel ethanol, renewable methane, biodiesel, or renewable diesel plant in this state.
(7)  "Renewable diesel" means a motor fuel that:
(A)  meets the registration requirements for fuels and fuel additives established by the United States Environmental Protection Agency under Section 211 of the federal Clean Air Act (42 U.S.C. Section 7545);
(B)  is a hydrocarbon;
(C)  meets the requirements of ASTM specification D-975;
(D)  is intended for use in engines that are designed to run on conventional, petroleum-derived diesel fuel; and
(E)  is derived from agricultural products, vegetable oils, recycled greases, biomass, or animal fats or the wastes of those products or fats.
Added by Acts 2003, 78th Leg., ch. 814, Sec. 4.01, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1295 (H.B. 2318), Sec. 2, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1312 (H.B. 2582), Sec. 4, eff. June 19, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 16 - Fuel Ethanol, Renewable Methane, Biodiesel, and Renewable Diesel Production Incentive Program › Section 16.002. Plant Registration

Sec. 16.002.  PLANT REGISTRATION.  (a)  To be eligible for a grant for fuel ethanol, renewable methane, biodiesel, or renewable diesel produced in a plant, a producer must apply to the office for the registration of the plant.  A producer may apply for the registration of more than one plant.
(b)  An application for the registration of a plant must show to the satisfaction of the office that:
(1)  the plant is capable of producing fuel ethanol, renewable methane, biodiesel, or renewable diesel;
(2)  the producer has made a substantial investment of resources in this state in connection with the plant; and
(3)  the plant constitutes a permanent fixture in this state.
(c)  The office, after consultation with the department, shall register each plant that qualifies under this section.  The office shall notify the department of plants registered under this section.
Added by Acts 2003, 78th Leg., ch. 814, Sec. 4.01, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1295 (H.B. 2318), Sec. 3, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1312 (H.B. 2582), Sec. 5, eff. June 19, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 16 - Fuel Ethanol, Renewable Methane, Biodiesel, and Renewable Diesel Production Incentive Program › Section 16.003. Reports

Sec. 16.003.  REPORTS.  (a)  On or before the fifth day of each month, a producer shall report to the office on:
(1)  the number of gallons of fuel ethanol, biodiesel, or renewable diesel or MMBtu of renewable methane produced at each registered plant operated by the producer during the preceding month;
(2)  the number of gallons of fuel ethanol, biodiesel, or renewable diesel imported into this state by the producer during the preceding month;
(3)  the number of gallons of fuel ethanol, biodiesel, or renewable diesel sold or blended with motor fuels by the producer during the preceding month; and
(4)  the total value of agricultural products consumed in each registered plant operated by the producer during the preceding month.
(b)  A producer who fails to file a report as required by this section is ineligible to receive a grant for the period for which the report is not filed.
(c)  The office shall send a copy of each report to the department.
Added by Acts 2003, 78th Leg., ch. 814, Sec. 4.01, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1295 (H.B. 2318), Sec. 4, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1312 (H.B. 2582), Sec. 6, eff. June 19, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 16 - Fuel Ethanol, Renewable Methane, Biodiesel, and Renewable Diesel Production Incentive Program › Section 16.004. Fuel Ethanol, Renewable Methane, Biodiesel, and Renewable Diesel Production Account

Sec. 16.004.  FUEL ETHANOL, RENEWABLE METHANE, BIODIESEL, AND RENEWABLE DIESEL PRODUCTION ACCOUNT.  (a)  The fuel ethanol, renewable methane, biodiesel, and renewable diesel production account is an account in the general revenue fund that may be appropriated only to the office for the purposes of this chapter, including the making of grants under this chapter.
(b)  The account is composed of:
(1)  fees collected under Section 16.005;  and
(2)  money transferred to the account under Subsection (c).
(c)  The comptroller shall transfer from the undedicated portion of the general revenue fund to the account an amount of money equal to 5.25 times the amount of the fees collected under Section 16.005.
Added by Acts 2003, 78th Leg., ch. 814, Sec. 4.01, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1295 (H.B. 2318), Sec. 5, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1295 (H.B. 2318), Sec. 6, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1312 (H.B. 2582), Sec. 7, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1312 (H.B. 2582), Sec. 8, eff. June 19, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 16 - Fuel Ethanol, Renewable Methane, Biodiesel, and Renewable Diesel Production Incentive Program › Section 16.005. Fee on Fuel Ethanol, Renewable Methane, Biodiesel, and Renewable Diesel Production

Sec. 16.005.  FEE ON FUEL ETHANOL, RENEWABLE METHANE, BIODIESEL, AND RENEWABLE DIESEL PRODUCTION.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 1295 (H.B. 2318), Sec. 8
(a)  The office shall impose a fee on each producer in an amount equal to 3.2 cents for each gallon of fuel ethanol or MMBtu of renewable methane and 1.6 cents for each gallon of biodiesel produced in each registered plant operated by the producer.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 1312 (H.B. 2582), Sec. 10
(a)  The office shall impose a fee on each producer in an amount equal to 3.2 cents for each gallon of fuel ethanol, biodiesel, or renewable diesel produced in each registered plant operated by the producer.
(b)  For each fiscal year, the office may not impose fees on a producer for more than 18 million gallons of fuel ethanol, biodiesel, or renewable diesel or MMBtu of renewable methane produced at any one registered plant.
(c)  The office shall transfer the fees collected under this section to the comptroller for deposit to the credit of the account.
(d)  The office may not impose fees on a producer for fuel ethanol, renewable methane, biodiesel, or renewable diesel produced at a registered plant after the 10th anniversary of the date production from the plant begins.
(e)  The office may enter into an interagency contract with the department authorizing the department to impose and collect fees on behalf of the office under this section.
Added by Acts 2003, 78th Leg., ch. 814, Sec. 4.01, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1295 (H.B. 2318), Sec. 7, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1295 (H.B. 2318), Sec. 8, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1312 (H.B. 2582), Sec. 9, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1312 (H.B. 2582), Sec. 10, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 2.001, eff. September 1, 2011.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 16 - Fuel Ethanol, Renewable Methane, Biodiesel, and Renewable Diesel Production Incentive Program › Section 16.006. Fuel Ethanol, Renewable Methane, Biodiesel, and Renewable Diesel Grants

Sec. 16.006.  FUEL ETHANOL, RENEWABLE METHANE, BIODIESEL, AND RENEWABLE DIESEL GRANTS.  (a)  The office, after consultation with the department, shall make grants to producers as an incentive for the development of the fuel ethanol, renewable methane, biodiesel, and renewable diesel industry and agricultural production in this state.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 1295 (H.B. 2318), Sec. 10
(b)  A producer is entitled to receive from the account 20 cents for each gallon of fuel ethanol or MMBtu of renewable methane and 10 cents for each gallon of biodiesel produced in each registered plant operated by the producer until the 10th anniversary of the date production from the plant begins.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 1312 (H.B. 2582), Sec. 12
(b)  A producer is entitled to receive from the account 20 cents for each gallon of fuel ethanol, biodiesel, or renewable diesel produced in each registered plant operated by the producer until the 10th anniversary of the date production from the plant begins.  The incentive under this subsection is payable only on that part of each gallon of fuel produced from renewable resources.
(c)  For each fiscal year a producer may not receive grants for more than 18 million gallons of fuel ethanol, biodiesel, or renewable diesel or MMBtu of renewable methane produced at any one registered plant.
(d)  The office by rule shall provide for the distribution of grant funds under this chapter to producers.  The office shall make grants not less often than quarterly.
(e)  If the office determines that the amount of money credited to the account is not sufficient to distribute the full amount of grant funds to eligible producers as provided by this chapter for a fiscal year, the office shall proportionately reduce the amount of each grant for each gallon of fuel ethanol, biodiesel, or renewable diesel or each MMBtu of renewable methane produced as necessary to continue the incentive program during the remainder of the fiscal year.
Added by Acts 2003, 78th Leg., ch. 814, Sec. 4.01, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1295 (H.B. 2318), Sec. 9, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1295 (H.B. 2318), Sec. 10, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1312 (H.B. 2582), Sec. 11, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1312 (H.B. 2582), Sec. 12, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 2.002, eff. September 1, 2011.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 18 - Certification and Agricultural Product Standards › Subchapter A. Organic Standards and Certification › Section 18.001. Definitions

Sec. 18.001.  DEFINITIONS.  In this subchapter:
(1)  "Agricultural product" means any raw or processed agricultural commodity or product, including any commodity or product derived from livestock, that is marketed in the United States for human or livestock consumption.
(2)  "National organic program" means the program established under the Organic Foods Production Act of 1990 (7 U.S.C. Section 6501 et seq.), as amended, or any similar federal program.
(3)  "Organic" means labeled, advertised, marketed, or otherwise represented as an agricultural product produced in accordance with the Organic Foods Production Act of 1990 (7 U.S.C. Section 6501 et seq.), as amended, and this subchapter.
Added by Acts 1993, 73rd Leg., ch. 650, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 52, Sec. 5, eff. May 7, 2001;  Acts 2003, 78th Leg., ch. 1288, Sec. 1, eff. June 21, 2003.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 18 - Certification and Agricultural Product Standards › Subchapter A. Organic Standards and Certification › Section 18.002. Organic Standards Program

Sec. 18.002.  ORGANIC STANDARDS PROGRAM.  (a)  The department by rule may create and administer a program for the administration and enforcement of standards related to organic agricultural products, including certification of persons who produce, process, distribute, or handle organic agricultural products, and may regulate the use of "organic" and related terms.
(b)  Any program created by the department under Subsection (a) must be consistent with the provisions of the national organic program.
(c)  To the extent consistent with federal law, the department by rule may adopt standards related to organic agricultural products other than the standards established by the national organic program.
(d)  The department may enter into an agreement with the United States Department of Agriculture to act as an organic certifying agent or to provide primary enforcement of state and national standards relating to organic agricultural products.
(e)  In regulating organic agricultural products under this subchapter, the department may require certification, registration, or other documentation the department considers necessary:
(1)  to ensure the integrity of the state and national organic programs;
(2)  to ensure the marketability of organic agricultural products produced in this state;  and
(3)  to meet the authentication or verification requirements of the federal government, another state, or a foreign country relating to organic agricultural products.
Added by Acts 1993, 73rd Leg., ch. 650, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1288, Sec. 2, eff. June 21, 2003.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 18 - Certification and Agricultural Product Standards › Subchapter A. Organic Standards and Certification › Section 18.003. Organic Certification

Sec. 18.003.  ORGANIC CERTIFICATION.  (a)  The department may certify each person who produces, processes, distributes, or handles an organic agricultural product in this state.
(b)  A person may apply for any required certification under this subchapter by submitting the following, as prescribed by department rule:
(1)  an application for certification;
(2)  a plan for production, processing, distribution, or handling of organic agricultural products;  and
(3)  a fee.
(c)  The department by rule may require a person certified under this subchapter to submit an annual report of that person's production, processing, distribution, or handling of organic agricultural products, along with an annual reporting fee.
(d)  The department may by written notice require that a person certified under this subchapter submit any additional report, including copies of records, the department considers necessary to investigate or monitor production, processing, distribution, or handling of organic agricultural products.
(e)  A certificate issued under this subchapter remains in effect until surrendered, suspended, or revoked in accordance with procedures established by department rule and Section 18.0075.
Added by Acts 1993, 73rd Leg., ch. 650, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 2.17, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 211, Sec. 3, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1288, Sec. 3, eff. June 21, 2003.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 18 - Certification and Agricultural Product Standards › Subchapter A. Organic Standards and Certification › Section 18.004. Registration Program

Sec. 18.004.  REGISTRATION PROGRAM.  The department by rule may establish a voluntary or mandatory registration program for persons who produce, process, distribute, handle, or advertise organic products in this state and for persons who certify any producers, processors, distributors, or handlers located in this state.
Added by Acts 1993, 73rd Leg., ch. 650, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 2.18, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1288, Sec. 4, 5, 12, eff. June 21, 2003.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 18 - Certification and Agricultural Product Standards › Subchapter A. Organic Standards and Certification › Section 18.006. Fees

Sec. 18.006.  FEES.  (a)  The department by rule may require a fee for each:
(1)  application for certification;
(2)  application for registration or registration renewal;
(3)  annual report required by the department;
(4)  certificate issued by the department;  and
(5)  document required by the federal government, another state, or a foreign country that is issued by the department under this subchapter.
(b)  The department may establish:
(1)  a different fee amount for each fee under Subsection (a);  and
(2)  a fee schedule for each fee under Subsection (a).
(c)  The department may establish a late fee in an amount that is not more than twice the amount of the fee authorized under Subsection (a) and required to be paid by a date established by rule or by written notice provided to the person who owes the fee.
(d)  The department shall set fees under this subchapter in amounts that enable it to recover the costs of administering this subchapter.
Added by Acts 1993, 73rd Leg., ch. 650, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 419, Sec. 2.19, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1288, Sec. 6, eff. June 21, 2003.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 18 - Certification and Agricultural Product Standards › Subchapter A. Organic Standards and Certification › Section 18.007. Denial, Suspension, or Revocation of Organic Certification or Registration

Sec. 18.007.  DENIAL, SUSPENSION, OR REVOCATION OF ORGANIC CERTIFICATION OR REGISTRATION.  The department may deny, suspend, or revoke a certification or registration issued under this subchapter if the person to whom the certification or registration was issued:
(1)  makes a false representation material to a matter governed by this subchapter;  or
(2)  violates or refuses to comply with this subchapter or a rule or instruction of the department under this subchapter.
Added by Acts 1993, 73rd Leg., ch. 650, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1288, Sec. 7, eff. June 21, 2003.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 18 - Certification and Agricultural Product Standards › Subchapter A. Organic Standards and Certification › Section 18.008. Penalty

Sec. 18.008.  PENALTY.  (a)  A person commits an offense if the person knowingly:
(1)  violates this subchapter;  or
(2)  fails to comply with a notice, order, or rule of the department under this subchapter.
(b)  An offense under this section is a Class C misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 650, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 18 - Certification and Agricultural Product Standards › Subchapter A. Organic Standards and Certification › Section 18.009. Civil Penalty; Injunction

Sec. 18.009.  CIVIL PENALTY;  INJUNCTION.  (a)  A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty not to exceed $10,000 for each violation.  Each day a violation continues is a separate violation for purposes of a civil penalty assessment.
(b)  On request of the department, the attorney general or the county attorney or district attorney of the county in which the violation is alleged to have occurred shall file suit to collect the penalty.
(c)  A civil penalty collected under this section shall be deposited in the general revenue fund.  All civil penalties recovered in suits instituted by a county or district attorney under this section shall be divided between the state and the county in which the county or district attorney brought suit, with 50 percent of the recovery to be paid to the general revenue fund and 50 percent to the county.
(d)  The department is entitled to appropriate injunctive relief to prevent or abate a violation of this subchapter or a rule adopted under this subchapter. On request of the department, the attorney general or the county or district attorney of the county in which the alleged violation is threatened or occurring shall file suit for the injunctive relief.  Venue is in the county in which the alleged violation is threatened or is occurring.
(e)  This section is applicable only if the department chooses to use civil remedy as opposed to criminal penalty under Section 18.008.
Added by Acts 1993, 73rd Leg., ch. 650, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1288, Sec. 9, eff. June 21, 2003.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 18 - Certification and Agricultural Product Standards › Subchapter A. Organic Standards and Certification › Section 18.010. Stop-Sale Order

Sec. 18.010.  STOP-SALE ORDER.  (a)  If an organic agricultural product is being sold or distributed in violation of this subchapter or a rule adopted under this subchapter, the department may issue a written order to stop the sale or distribution of the product by a person in control of the product. The product named in the order may not be sold or distributed while labeled, marketed, advertised, or otherwise represented as "organic" until:
(1)  permitted by a court under Subsection (b);  or
(2)  the department determines that the sale or distribution of the product is in compliance with this subchapter and rules adopted under this subchapter.
(b)  A person in control of the product named in the order may bring suit in a court in the county where the product is located.  After a hearing, the court may permit the product to be sold if the court finds the product is not being sold in violation of this subchapter or a department rule issued under this subchapter.
(c)  This section does not limit the department's right to act under another section of this subchapter.
Added by Acts 1993, 73rd Leg., ch. 650, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 52, Sec. 6, eff. May 7, 2001;  Acts 2003, 78th Leg., ch. 1288, Sec. 10, eff. June 21, 2003.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 18 - Certification and Agricultural Product Standards › Subchapter A. Organic Standards and Certification › Section 18.011. Public Information

Sec. 18.011.  PUBLIC INFORMATION.  Information created, collected, assembled, or maintained by the department under this subchapter is public information, except that the department by rule may exempt specified information from disclosure but only to the extent necessary to comply with the national organic program.
Added by Acts 2003, 78th Leg., ch. 1288, Sec. 11, eff. June 21, 2003.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 18 - Certification and Agricultural Product Standards › Subchapter B. Agricultural Product Standards › Section 18.051. Product Certification Programs

Sec. 18.051.  PRODUCT CERTIFICATION PROGRAMS.  (a)  The department may establish certification programs relating to the protection, sale, advertising, marketing, transporting, or other commercial handling of agricultural, horticultural, or related products in this state if the department determines that a certification program is warranted to:
(1)  ensure genetic purity, identity, or disease or pest resistance;  or
(2)  help prevent the spread of insects, other pests, diseases, or pathogens.
(b)  The department may regulate the use of the term "Texas Certified Product," other terms that indicate product quality standards, and symbols connected with those terms as used with a product regulated under this subchapter.
Added by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 18 - Certification and Agricultural Product Standards › Subchapter B. Agricultural Product Standards › Section 18.052. Standards

Sec. 18.052.  STANDARDS.  The department by rule may develop minimum certification standards for the administration and enforcement of this subchapter.
Added by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 18 - Certification and Agricultural Product Standards › Subchapter B. Agricultural Product Standards › Section 18.053. Fees

Sec. 18.053.  FEES.  The department may set fees under this subchapter in amounts that do not exceed the amounts reasonably necessary to enable the department to recover the costs of administering this subchapter.
Added by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 18 - Certification and Agricultural Product Standards › Subchapter B. Agricultural Product Standards › Section 18.054. Civil Penalty; Injunction

Sec. 18.054.  CIVIL PENALTY;  INJUNCTION.  (a)  A person who violates this subchapter or a rule adopted by the department under this subchapter is liable for a civil penalty not to exceed $500 for each violation.  Each day a violation continues is a separate violation for purposes of assessment of a civil penalty under this section.
(b)  A civil penalty recovered by the department under this section shall be deposited in the general revenue fund.  A civil penalty recovered in an action instituted by a local government under this section shall be equally divided between this state and the local government, with 50 percent of the penalty recovered paid to the general revenue fund and the other 50 percent to the general fund of the local government instituting the action.
(c)  On request of the department, the attorney general or the county attorney or district attorney of the county in which the violation is alleged to have occurred shall bring an action to collect the civil penalty.
(d)  The department is entitled to appropriate injunctive relief to prevent or abate a violation of this subchapter or a rule adopted under this subchapter.  On the request of the department, the attorney general or the county attorney or district attorney of the county in which the alleged violation is threatened or occurring shall bring an action for the injunctive relief.  Venue for the action lies in the county in which the alleged violation is threatened or occurring.
Added by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 18 - Certification and Agricultural Product Standards › Subchapter C. Agricultural Production Process Certification Program › Section 18.071. Agricultural Certification

Sec. 18.071.  AGRICULTURAL CERTIFICATION.  The department may establish certification programs under this subchapter relating to the protection, sale, advertising, marketing, or related production processes in this state.
Added by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 196, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 18 - Certification and Agricultural Product Standards › Subchapter C. Agricultural Production Process Certification Program › Section 18.072. Certification Standards

Sec. 18.072.  CERTIFICATION STANDARDS.  The department by rule may develop programs establishing minimum certification standards for production processes.
Added by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 18 - Certification and Agricultural Product Standards › Subchapter C. Agricultural Production Process Certification Program › Section 18.073. Fees

Sec. 18.073.  FEES.  The department may set fees under this subchapter in amounts that do not exceed the amounts reasonably necessary to enable the department to recover the costs of administering this subchapter.
Added by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 18 - Certification and Agricultural Product Standards › Subchapter C. Agricultural Production Process Certification Program › Section 18.074. Administrative Penalty

Sec. 18.074.  ADMINISTRATIVE PENALTY.  The department may assess an administrative penalty under Section 12.020 if the department determines that a person is falsely claiming to be certified under this subchapter.
Added by Acts 1995, 74th Leg., ch. 425, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 19 - Citrus Budwood and Citrus Nursery Stock Certification Programs › Section 19.001. Purpose

Sec. 19.001.  PURPOSE.  The purpose of this chapter is to:
(1)  establish a certified citrus budwood program to produce citrus trees that are horticulturally sound, are free from virus and other recognizable bud-transmissible diseases, and are of an assured type of citrus variety;
(2)  establish a certified citrus nursery program for citrus nursery stock sold in the citrus zone as part of an effort to produce citrus trees that are free from pathogens, including citrus greening disease, which is spread by the Asian citrus psyllid;
(3)  provide standards for foundation groves, certified citrus nurseries, and certified citrus nursery trees; and
(4)  provide for an advisory council to make recommendations on the implementation of the programs.
Added by Acts 1995, 74th Leg., ch. 358, Sec. 1, eff. June 8, 1995.  Amended by Acts 1997, 75th Leg., ch. 1117, Sec. 1, eff. June 19, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 166 (S.B. 1427), Sec. 2, eff. September 1, 2013.