reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 19 - Citrus Budwood and Citrus Nursery Stock Certification Programs › Section 19.002. Definitions

Sec. 19.002.  DEFINITIONS.  In this chapter:
(1)  "Advisory council" means the citrus budwood advisory council.
(1-a)  "Asian citrus psyllid" has the meaning assigned by Section 80.003.
(2)  "Certified citrus budwood" means citrus budwood that meets standards required by the department for assurance of type of citrus variety and for freedom from dangerous pathogens.
(2-a)  "Certified citrus nursery"  means a nursery that meets standards required by the department for production of citrus nursery stock free from pests of citrus.
(2-b)  "Certified citrus nursery stock" means citrus nursery stock propagated from cuttings or by budding, grafting, or air-layering and grown from certified citrus budwood that meets standards required by the department for assurance of type of citrus variety and for freedom from dangerous pathogens.
(3)  "Citrus budwood" means a portion of a stem or branch of a citrus tree containing buds used in propagation from cuttings or by budding or grafting.
(4)  "Citrus grower" means a citrus producer growing and producing citrus nursery stock for commercial or retail marketing purposes.
(5)  "Citrus nursery" means a producer of citrus trees propagated from cuttings or through the budding or grafting of citrus trees using certified citrus budwood.
(5-a)  "Citrus nursery stock" means citrus plants to be used in a commercial or noncommercial setting.
(6)  "Foundation grove" means a grove containing parent trees from which certified citrus budwood is obtained.
Added by Acts 1995, 74th Leg., ch. 358, Sec. 1, eff. June 8, 1995.  Amended by Acts 1997, 75th Leg., ch. 1117, Sec. 2, eff. June 19, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 166 (S.B. 1427), Sec. 3, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 235 (S.B. 979), Sec. 1, eff. May 25, 2019.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 19 - Citrus Budwood and Citrus Nursery Stock Certification Programs › Section 19.003. Scope

Sec. 19.003.  SCOPE.  Except as otherwise provided by this chapter, this chapter applies to all citrus nurseries and citrus growers.
Added by Acts 1995, 74th Leg., ch. 358, Sec. 1, eff. June 8, 1995.  Amended by Acts 1997, 75th Leg., ch. 1117, Sec. 3, eff. June 19, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 166 (S.B. 1427), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 19 - Citrus Budwood and Citrus Nursery Stock Certification Programs › Section 19.0031. Citrus Zone

Sec. 19.0031.  CITRUS ZONE.  The following counties are designated as the citrus zone of this state for the purpose of this chapter:  Brooks, Cameron, Hidalgo, Jim Hogg, Kenedy, Starr, Willacy, and Zapata.
Added by Acts 2013, 83rd Leg., R.S., Ch. 166 (S.B. 1427), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 19 - Citrus Budwood and Citrus Nursery Stock Certification Programs › Section 19.004. Citrus Budwood Certification Program

Sec. 19.004.  CITRUS BUDWOOD CERTIFICATION PROGRAM.  (a)  The citrus budwood certification program is established.  The department administers the program.
(b)  The department shall accomplish the purposes of the program through the designation of foundation groves, the certification of citrus budwood grown in foundation groves, and the periodic inspection of citrus nurseries to ensure that the citrus nurseries are using certified citrus budwood.
(c)  The department, with the advice of the advisory council, shall set standards for foundation groves, set standards for citrus budwood certification, designate individual foundation groves, and inspect citrus nurseries and the records of citrus nurseries to ensure that the citrus nurseries are using certified citrus budwood.
(d)  The department or the advisory council may not require the use of certified citrus budwood until the department and the advisory council determine that an adequate supply of certified citrus budwood is available.
Added by Acts 1995, 74th Leg., ch. 358, Sec. 1, eff. June 8, 1995.  Amended by Acts 1997, 75th Leg., ch. 1117, Sec. 4, eff. June 19, 1997.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 19 - Citrus Budwood and Citrus Nursery Stock Certification Programs › Section 19.0041. Citrus Nursery Stock Certification Program

Sec. 19.0041.  CITRUS NURSERY STOCK CERTIFICATION PROGRAM.  (a)  The citrus nursery stock certification program is established.  The department administers the program.
(b)  The department shall accomplish the purposes of the program through the certification of nurseries growing or selling citrus nursery stock in the citrus zone.
(c)  All citrus nursery stock grown in or sold in the citrus zone must be grown in a certified citrus nursery.
(d)  The department, in consultation with the advisory council, shall set standards for certified citrus nurseries and citrus nursery stock certification, and shall inspect citrus nurseries and the records of citrus nurseries to ensure that citrus nurseries comply with the provisions of the citrus nursery stock certification program.
(e)  The department shall provide for an annual renewal of a certificate for a certified citrus nursery, including the imposition of applicable fees.  The department shall renew the certificate if the nursery maintains the standards set by the department under Subsection (d).
Added by Acts 2013, 83rd Leg., R.S., Ch. 166 (S.B. 1427), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 19 - Citrus Budwood and Citrus Nursery Stock Certification Programs › Section 19.005. Advisory Council

Sec. 19.005.  ADVISORY COUNCIL.  (a)  The commissioner shall appoint the advisory council.  The advisory council is composed of seven members, including:
(1)  one member representing the department;
(2)  one member representing The Texas A&M University-Kingsville Citrus Center at Weslaco;
(3)  two members representing the citrus nursery industry;
(4)  two members representing citrus growers; and
(5)  one member having specialized knowledge in citrus diseases and pests.
(b)  A member serves a two-year term and may be reappointed.
(c)  Members of the advisory council are not eligible for reimbursement of expenses arising from service on the advisory council.
(d)  Chapter 2110, Government Code, does not apply to the duration of the advisory council.
Added by Acts 1995, 74th Leg., ch. 358, Sec. 1, eff. June 8, 1995.
Reenacted and amended by Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 10, eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 19 - Citrus Budwood and Citrus Nursery Stock Certification Programs › Section 19.006. Rules

Sec. 19.006.  RULES.  The department, with the advice of the advisory council, shall adopt standards and rules:
(1)  necessary to administer the citrus budwood certification program and the citrus nursery certification program;
(2)  to regulate the sale of citrus budwood and citrus nursery trees as supplies of certified citrus budwood and certified citrus nursery trees become available; and
(3)  requiring citrus nursery stock sold in the citrus zone to be propagated:
(A)  using certified citrus budwood; and
(B)  in an enclosed structure that:
(i)  is built to specifications as determined by department rule; and
(ii)  has a top and sides that are built to exclude insects that may transmit citrus pathogens.
Added by Acts 1995, 74th Leg., ch. 358, Sec. 1, eff. June 8, 1995.  Amended by Acts 1997, 75th Leg., ch. 1117, Sec. 5, eff. June 19, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 166 (S.B. 1427), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 19 - Citrus Budwood and Citrus Nursery Stock Certification Programs › Section 19.007. Certification Standards

Sec. 19.007.  CERTIFICATION STANDARDS.  (a)  The department shall establish:
(1)  the certification standards for genetic purity for varieties of citrus budwood by type;
(2)  procedures that must be followed to prevent the introduction of dangerous citrus pathogens into budwood stock from and in foundation groves;
(3)  procedures for certification of citrus budwood grown in foundation groves; and
(4)  procedures for certification of citrus nurseries and citrus nursery trees.
(b)  The department shall establish standards and procedures for:
(1)  inspecting and testing for diseases, using current technologies in disease diagnosis, and for desirable horticultural characteristics of citrus budwood grown in designated foundation groves;
(2)  certifying citrus budwood and citrus nurseries meeting requirements established under this chapter;
(3)  maintaining a source of citrus budwood of superior tested varieties for distribution to the citrus industry;
(4)  verifying propagation of citrus varieties and special rootstocks for growers on request, including an inspection of the citrus nursery's books and records;
(5)  maintaining appropriate records required for participation in the citrus budwood certification and citrus nursery stock certification programs;
(6)  inspecting citrus nurseries to ensure that the structures in which citrus nursery stock is propagated meet standards set by the department, including standards for:
(A)  size;
(B)  construction;
(C)  insect resistance;
(D)  citrus nursery sanitation;
(E)  movement of the citrus nursery stock from one structure to another at the nursery;
(F)  proximity to nearby citrus groves; and
(G)  other standards for the operation of a certified nursery as may be required by the department; and
(7)  requiring each citrus nursery to submit source tree bud cutting reports to the department not later than the 30th day after citrus trees are budded.
Added by Acts 1995, 74th Leg., ch. 358, Sec. 1, eff. June 8, 1995.  Amended by Acts 1997, 75th Leg., ch. 1117, Sec. 6, eff. June 19, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 166 (S.B. 1427), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 19 - Citrus Budwood and Citrus Nursery Stock Certification Programs › Section 19.008. Applying for Foundation Grove Designation, Budwood Certification, and Citrus Nursery Certification

Sec. 19.008.  APPLYING FOR FOUNDATION GROVE DESIGNATION, BUDWOOD CERTIFICATION, AND CITRUS NURSERY CERTIFICATION.  (a)  A person who desires to operate a foundation grove and produce certified citrus budwood for sale to the citrus industry must apply for foundation grove designation and citrus budwood certification in accordance with rules adopted by the department.
(b)  A person who desires to operate a citrus nursery to propagate citrus nursery stock for sale in the citrus zone must apply for citrus nursery certification in accordance with rules adopted by the department.
Added by Acts 1995, 74th Leg., ch. 358, Sec. 1, eff. June 8, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 166 (S.B. 1427), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 19 - Citrus Budwood and Citrus Nursery Stock Certification Programs › Section 19.009. Revocation

Sec. 19.009.  REVOCATION.  The department shall establish rules regarding the revocation of foundation grove designation, citrus budwood certification, and citrus nursery certification.
Added by Acts 1995, 74th Leg., ch. 358, Sec. 1, eff. June 8, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 166 (S.B. 1427), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 19 - Citrus Budwood and Citrus Nursery Stock Certification Programs › Section 19.010. Program Cost; Fees; Account

Sec. 19.010.  PROGRAM COST; FEES; ACCOUNT.  (a)  The department shall set and collect fees from persons applying for foundation grove designation, citrus budwood certification, or citrus nursery certification.  The department shall set the fees in an amount that recovers the department's costs in administering and enforcing the citrus budwood certification program and the citrus nursery certification program.  The department may also accept funds from the citrus industry or other interested persons to cover the costs of administering the programs.
(b)  All fees and funds collected or contributed under this section shall be deposited to the credit of an account in the general revenue fund.  Money in the account may be appropriated only to the department for the purpose of administering and enforcing this chapter.
Added by Acts 1995, 74th Leg., ch. 358, Sec. 1, eff. June 8, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 166 (S.B. 1427), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 19 - Citrus Budwood and Citrus Nursery Stock Certification Programs › Section 19.011. Stop-Sale Order

Sec. 19.011.  STOP-SALE ORDER.  (a)  If a person offers citrus budwood or a citrus nursery tree for sale falsely claiming that it is certified, that it comes from a designated foundation grove, or that it comes from a certified citrus nursery, or offers citrus budwood, a citrus nursery tree, or citrus nursery stock for sale in violation of rules adopted under this chapter, the department may issue a written order to stop the sale of that citrus budwood, citrus nursery tree, or citrus nursery stock.  A person may not sell citrus budwood, a citrus nursery tree, or citrus nursery stock that is subject to a stop-sale order under this section until:
(1)  the sale is permitted by a court under Subsection (b); or
(2)  the department determines that the sale of the citrus budwood, citrus nursery tree, or citrus nursery stock is in compliance with this chapter and rules adopted under this chapter.
(a-1)  The department may issue a written order to stop the sale of citrus nursery stock from a citrus nursery or to stop the operation of all or part of a citrus nursery if a person propagates citrus nursery stock in a citrus nursery for sale in the citrus zone and:
(1)  the person falsely claims that the citrus nursery is certified; or
(2)  if the citrus nursery is certified, the person fails to comply with the rules adopted under this chapter.
(a-2)  A person may not sell citrus nursery stock out of a citrus nursery, or operate a citrus nursery or a part of a citrus nursery, that is subject to a stop-sale order under this section until:
(1)  the sale is permitted by a court under Subsection (b); or
(2)  the department determines that the citrus nursery is in compliance with this chapter and rules adopted under this chapter.
(b)  The person named in the order may bring suit in a court in the county where the citrus budwood, citrus nursery tree, or citrus nursery subject to the stop-sale order is located.  After a hearing, the court may, as applicable, permit the citrus budwood or citrus nursery tree to be sold, or permit the citrus nursery to continue operations, if the court finds, as applicable, the citrus budwood or citrus nursery tree is not being offered for sale or that the citrus nursery is not operating in violation of this chapter.
(c)  This section does not limit the department's right to act under another section of this chapter.
(d)  The department shall inspect each citrus nursery in the citrus zone not less than once every two months in order to enforce this section.
Added by Acts 1995, 74th Leg., ch. 358, Sec. 1, eff. June 8, 1995.  Amended by Acts 1997, 75th Leg., ch. 1117, Sec. 7, eff. June 19, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 166 (S.B. 1427), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 19 - Citrus Budwood and Citrus Nursery Stock Certification Programs › Section 19.012. Criminal Penalty

Sec. 19.012.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person:
(1)  sells or offers to sell citrus budwood, a citrus nursery tree, or citrus nursery stock falsely claiming that it is certified or that it comes from a designated foundation grove or a certified citrus nursery;
(2)  uses, for commercial purposes, citrus budwood that is required by department rule to be certified and is not certified or does not come from a designated foundation grove;
(3)  sells or offers to sell in the citrus zone citrus nursery stock that has not been propagated in a certified citrus nursery;
(4)  operates, in the citrus zone for the propagation of citrus nursery stock, a citrus nursery that is not a certified citrus nursery or that is not in compliance with this chapter or a rule adopted under this chapter;
(5)  operates, outside of the citrus zone for the propagation of citrus nursery stock for sale in the citrus zone, a citrus nursery that is not a certified citrus nursery or that is not in compliance with this chapter or a rule adopted under this chapter; or
(6)  fails to comply with an order of the department issued under this chapter.
(b)  An offense under this section is a Class C misdemeanor.
Added by Acts 1995, 74th Leg., ch. 358, Sec. 1, eff. June 8, 1995.  Amended by Acts 1997, 75th Leg., ch. 1117, Sec. 8, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 9.06, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 166 (S.B. 1427), Sec. 8, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 19 - Citrus Budwood and Citrus Nursery Stock Certification Programs › Section 19.013. Civil Penalty; Injunction

Sec. 19.013.  CIVIL PENALTY;  INJUNCTION.  (a)  A person who violates this chapter, a rule adopted under this chapter, or an order adopted under this chapter is liable to the state for a civil penalty not to exceed $500 for each violation.  Each day a violation continues is a separate violation for purposes of 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 in a suit filed by the attorney general shall be deposited to the credit of an account in the general revenue fund.  A civil penalty collected under this section in a suit filed by a county or district attorney shall be divided between the state and the county in which the county or district attorney brought suit, with 50 percent of the amount collected paid to the state for deposit to the credit of an account in the general revenue fund and 50 percent of the amount collected paid to the county.  Funds credited to the account in the general revenue fund may be appropriated only to the department for purposes of administering and enforcing this chapter and rules adopted under this chapter.
(d)  The department is entitled to appropriate injunctive relief to prevent or abate a violation of this chapter or an order adopted under this chapter.  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)  A person is not subject to both a criminal penalty under Section 19.012 and a civil penalty under this section for the same violation of law.
Added by Acts 1995, 74th Leg., ch. 358, Sec. 1, eff. June 8, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 166 (S.B. 1427), Sec. 9, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 19 - Citrus Budwood and Citrus Nursery Stock Certification Programs › Section 19.014. Administrative Penalties

Sec. 19.014.  ADMINISTRATIVE PENALTIES.  The department may assess an administrative penalty under Chapter 12 for a violation of this chapter if the department finds that a person:
(1)  sells or offers to sell citrus budwood, a citrus nursery tree, or citrus nursery stock falsely claiming that it is certified or that it comes from a designated foundation grove or a certified citrus nursery under this chapter;
(2)  uses citrus budwood in violation of rules adopted under this chapter;
(3)  uses, for commercial purposes, citrus budwood that is required by department rule to be certified and is not certified or does not come from a designated foundation grove;
(4)  sells or offers to sell citrus nursery stock in the citrus zone falsely claiming that the citrus nursery stock was propagated in a certified citrus nursery;
(5)  operates, in the citrus zone for the propagation of citrus nursery stock, a citrus nursery that is not a certified citrus nursery or that is not in compliance with this chapter or a rule adopted under this chapter;
(6)  operates, outside of the citrus zone for the propagation of citrus nursery stock for sale in the citrus zone,  a citrus nursery that is not a certified citrus nursery or that is not in compliance with this chapter or a rule adopted under this chapter; or
(7)  fails to comply with an order of the department issued under this chapter.
Added by Acts 1995, 74th Leg., ch. 358, Sec. 1, eff. June 8, 1995.  Amended by Acts 1997, 75th Leg., ch. 1117, Sec. 9, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 9.07, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 166 (S.B. 1427), Sec. 10, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 21 - Grant Program for Distribution of Surplus Agricultural Products › Section 21.001. Creation

Sec. 21.001.  CREATION.  The department by rule shall develop a program to award grants to nonprofit organizations for the purpose of collecting and distributing surplus agricultural products to food banks and other charitable organizations that serve needy or low-income individuals.
Added by Acts 2001, 77th Leg., ch. 49, Sec. 1, eff. Sept. 1, 2001. Renumbered from Agriculture Code Sec. 20.001 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(1), eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 21 - Grant Program for Distribution of Surplus Agricultural Products › Section 21.002. Eligibility

Sec. 21.002.  ELIGIBILITY.  Subject to available funds, a nonprofit organization is eligible to receive a grant under this chapter if the organization:
(1)  has at least five years of experience coordinating a statewide network of food banks and charitable organizations that serve each county of this state;
(2)  operates a program that coordinates the collection and transportation of surplus agricultural products to a statewide network of food banks that provide food to needy or low-income individuals;  and
(3)  submits to the department, in the manner and time prescribed by the department, a proposal for the collection and distribution to food banks or other charitable organizations for use in providing food to needy or low-income individuals of surplus agricultural products, including:
(A)  a description of the proposal;
(B)  a schedule of projected costs for the proposal;
(C)  measurable goals for the proposal;  and
(D)  a plan for evaluating the success of the proposal.
Added by Acts 2001, 77th Leg., ch. 49, Sec. 1, eff. Sept. 1, 2001.  Renumbered from Agriculture Code Sec. 20.002 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(1), eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 21 - Grant Program for Distribution of Surplus Agricultural Products › Section 21.003. Report

Sec. 21.003.  REPORT.  A nonprofit organization that receives a grant under this chapter must report the results of the project to the department in the manner prescribed by the department.
Added by Acts 2001, 77th Leg., ch. 49, Sec. 1, eff. Sept. 1, 2001.  Renumbered from Agriculture Code Sec. 20.003 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(1), eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 23 - Food System Security › Section 23.001. Definitions

Sec. 23.001.  DEFINITIONS.  In this chapter:
(1)  "Council" means the Texas food system security and resiliency planning council.
(2)  "Office" means:
(A)  the office of food system security and resiliency if that office is established as a division within the department by an Act of the 88th Legislature, Regular Session, 2023; or
(B)  the food and nutrition division of the department if the office of food system security and resiliency is not established as a division within the department by an Act of the 88th Legislature, Regular Session, 2023.
Added by Acts 2023, 88th Leg., R.S., Ch. 601 (H.B. 3323), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 23 - Food System Security › Section 23.002. Texas Food System Security and Resiliency Planning Council

Sec. 23.002.  TEXAS FOOD SYSTEM SECURITY AND RESILIENCY PLANNING COUNCIL.  (a)  The office shall establish the Texas food system security and resiliency planning council.  The council is composed of the following members:
(1)  three members appointed by the governor;
(2)  three members appointed by the lieutenant governor;
(3)  three members appointed by the speaker of the house of representatives;
(4)  one member of the Texas Animal Health Commission appointed by the governor;
(5)  one member appointed by the commissioner to represent food banks;
(6)  one member appointed by the commissioner to represent nonprofit organizations that provide home delivered meals;
(7)  two members appointed by the commissioner to represent agricultural producer organizations, marketing associations organized under Chapter 52, or farmers' cooperative societies incorporated under Chapter 51;
(8)  the assistant commissioner of agriculture for the food and nutrition division as a nonvoting member;
(9)  the director of the Texas A&M AgriLife Extension Service as a nonvoting member; and
(10)  one nonvoting member appointed by the executive commissioner of the Health and Human Services Commission to represent the supplemental nutrition assistance program, the federal special supplemental nutrition program for women, infants, and children, and the supplemental nutrition assistance program-education.
(b)  A person appointed under Subsection (a) must have experience in an industry or economic sector involving food production or food sales or in a related industry or economic sector.
(c)  For the purpose of Subsection (a)(7), the Texas Farm Bureau is considered an agricultural producer organization.
(d)  A council member serves at the pleasure of the appointing authority.
(e)  The governor shall designate a chair of the council from the members the governor appoints.  The lieutenant governor shall designate a vice chair of the council from the members the lieutenant governor appoints.
(f)  The council shall meet at least once quarterly or more frequently at the call of the chair.
(g)  A member of the council is not entitled to compensation or reimbursement for expenses incurred in performing council duties.
(h)  The council shall:
(1)  give guidance to the office; and
(2)  review the state food system security plan developed under Section 23.003.
Added by Acts 2023, 88th Leg., R.S., Ch. 601 (H.B. 3323), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 23 - Food System Security › Section 23.003. State Food System Security Plan

Sec. 23.003.  STATE FOOD SYSTEM SECURITY PLAN.  (a)  The office shall develop a state food system security plan.  The plan must:
(1)  provide for the orderly development and management of food system security throughout this state, including ensuring sufficient food is available at a reasonable cost to:
(A)  ensure public health, safety, and welfare;
(B)  further economic development; and
(C)  protect the agricultural and natural resources of this state;
(2)  account for times of severe drought conditions, natural disasters, man-made disasters, or other calamities; and
(3)  include legislative recommendations that are needed or desirable to facilitate the resilience and availability of food in this state.
(b)  In developing the plan, the office shall seek the advice of:
(1)  the Department of State Health Services; and
(2)  the Parks and Wildlife Department.
(c)  The office shall:
(1)  review and revise as necessary the plan developed under Subsection (a) at least once every five years; and
(2)  deliver the plan to the governor, the lieutenant governor, the speaker of the house of representatives, and the chair of the appropriate committees in each house of the legislature.
Added by Acts 2023, 88th Leg., R.S., Ch. 601 (H.B. 3323), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 23 - Food System Security › Section 23.004. Food System Security Planning Fund

Sec. 23.004.  FOOD SYSTEM SECURITY PLANNING FUND.  (a)  In this section, "planning fund" means the food system security planning fund.
(b)  The planning fund is a dedicated account in the general revenue fund and consists of:
(1)  appropriations of money to the planning fund by the legislature;
(2)  gifts, grants, including federal grants, and other donations received for the planning fund; and
(3)  interest earned on the investment of money in the planning fund.
(c)  The planning fund may be used only to administer the council under Section 23.002.
(d)  The office may accept gifts, grants, or donations from any source that are made for the purposes of this section.  Money received under this subsection shall be deposited in the planning fund.
Added by Acts 2023, 88th Leg., R.S., Ch. 601 (H.B. 3323), Sec. 1, eff. September 1, 2023.
For expiration of this section, see Subsection (b).
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 23 - Food System Security › Section 23.005. Biannual Report

Sec. 23.005.  BIANNUAL REPORT.  (a)  The department shall report to the legislature biannually on the activities of the office and council.  The report must contain a description of the activities of the council under this chapter.
(b)  This section expires January 14, 2025.
Added by Acts 2023, 88th Leg., R.S., Ch. 601 (H.B. 3323), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 23 - Food System Security › Section 23.006. Rules

Sec. 23.006.  RULES.  The department shall adopt rules necessary to administer this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 601 (H.B. 3323), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 25 - Children's Access to Nutritious Food Program › Section 25.001. Creation

Sec. 25.001.  CREATION.  Using funds appropriated for that purpose, the department by rule shall develop and implement a children's access to nutritious food program to award grants to nonprofit organizations for the purpose of allowing food banks to provide children at risk of hunger or obesity with access to nutritious food outside the school day.
Added by Acts 2009, 81st Leg., R.S., Ch. 107 (H.B. 1622), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 25 - Children's Access to Nutritious Food Program › Section 25.002. Eligibility

Sec. 25.002.  ELIGIBILITY.  A nonprofit organization is eligible to receive a grant under this chapter if the organization:
(1)  has at least five years of experience coordinating a statewide network of food banks and charitable organizations that serves each county of this state;
(2)  operates a program through a statewide network of food banks that provides children at risk of hunger or obesity with access to nutritious food outside the school day; and
(3)  submits to the department, in the manner and time prescribed by the department, a detailed proposal for a program to purchase and distribute food using grant money to food banks or other charitable organizations that includes:
(A)  a schedule of projected costs for the program;
(B)  measurable goals for the program; and
(C)  a plan for evaluating the success of the program.
Added by Acts 2009, 81st Leg., R.S., Ch. 107 (H.B. 1622), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 25 - Children's Access to Nutritious Food Program › Section 25.003. Use of Funds

Sec. 25.003.  USE OF FUNDS.  A recipient of a grant under this chapter may use the grant only for the purchase of the following nutritious foods:
(1)  fresh, frozen, or canned meats that are lean or low in fat content;
(2)  dry or canned beans;
(3)  nonfat or vegetarian items;
(4)  low-fat nut and seed butters;
(5)  dry-roasted or raw nuts and seeds;
(6)  eggs;
(7)  olive oil;
(8)  canola oil;
(9)  fresh, frozen, or canned fruits with no added sugar;
(10)  fresh, frozen, or canned vegetables;
(11)  juices that contain 100 percent fruit juice;
(12)  foods that contain 100 percent whole grains;
(13)  fresh, dry, canned, or ultra-high-temperature pasteurized milk that has a fat content of no greater than one percent;
(14)  light yogurt; and
(15)  low-fat cheese.
Added by Acts 2009, 81st Leg., R.S., Ch. 107 (H.B. 1622), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 25 - Children's Access to Nutritious Food Program › Section 25.004. Report

Sec. 25.004.  REPORT.  A nonprofit organization that receives a grant under this chapter must at regular intervals prescribed by the department report the results of the organization's program to the department.  A report under this section for a prescribed reporting period must include:
(1)  a statement of the amount of food purchased and distributed using grant funds;
(2)  a statement of the leveraged value of grant funds;
(3)  a list of specific programs that benefited from grant funds; and
(4)  a detailed accounting of how grant funds were spent.
Added by Acts 2009, 81st Leg., R.S., Ch. 107 (H.B. 1622), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 2 - Department of Agriculture › Chapter 25 - Children's Access to Nutritious Food Program › Section 25.005. Rules

Sec. 25.005.  RULES.  The commissioner may adopt rules as necessary to implement this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 107 (H.B. 1622), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 3 - Agricultural Research and Promotion › Chapter 41 - Commodity Producers Boards › Subchapter A. General Provisions › Section 41.001. Policy

Sec. 41.001.  POLICY.  It is in the interest of the public welfare of the State of Texas that the producers of any agricultural commodity be permitted and encouraged to develop, carry out, and participate in programs of research, disease and insect control, predator control, education, indemnification, and promotion designed to encourage the production, marketing, and use of the agricultural commodity.  The purpose of this chapter is to authorize and prescribe the necessary procedures by which the producers of an agricultural commodity grown in this state may finance those programs.  The programs may be devised to alleviate any circumstance or condition that serves to impede the production, marketing, or use of any agricultural commodity.
Acts 1981, 67th Leg., p. 1081, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 991 (H.B. 1840), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Agriculture Code › Title 3 - Agricultural Research and Promotion › Chapter 41 - Commodity Producers Boards › Subchapter A. General Provisions › Section 41.002. Definitions

Sec. 41.002.  DEFINITIONS.  In this chapter:
(1)  "Agricultural commodity" means an agricultural, horticultural, viticultural, or vegetable product, bees and honey, planting seed, rice, livestock or livestock product, or poultry or poultry product, produced in this state, either in its natural state or as processed by the producer.  The term does not include flax.
(2)  "Board" means a commodity producers board.
(3)  "Commissioner" means the commissioner of agriculture.
(4)  "District" means a geographical area within the jurisdiction of a board.
(5)  "Processor" means a person within this state who:
(A)  is a purchaser, warehouseman, processor, or other commercial handler of an agricultural commodity;
(B)  processes planting seeds;  or
(C)  is the mortgagee of an agricultural commodity if the mortgage did not cover the commodity in its state as a growing crop and if the mortgage was executed at a time when the commodity was ready for marketing.
(6)  "Producer" means a person engaged in the business of producing or causing to be produced for commercial purposes an agricultural commodity.  The term includes the owner of a farm on which the commodity is produced and the owner's tenant or sharecropper.
(7)  "Person" means an individual, firm, corporation, association, or any other business unit.
(8)  "Secretary-treasurer" means the secretary-treasurer of a board.
Acts 1981, 67th Leg., p. 1082, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 3184, ch. 545, Sec. 1;  Acts 1987, 70th Leg., ch. 109, Sec. 1, eff. May 18, 1987;  Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 25.02, eff. Jan. 11, 2004.
2023 Texas Statutes › Agriculture Code › Title 3 - Agricultural Research and Promotion › Chapter 41 - Commodity Producers Boards › Subchapter B. Certification of Organizations to Conduct Referendum and Election › Section 41.011. Petition for Certification

Sec. 41.011.  PETITION FOR CERTIFICATION.  (a)  Any nonprofit organization authorized under the laws of this state representing the producers of an agricultural commodity may petition the commissioner for certification as the organization authorized to conduct an assessment referendum and an election of a commodity producers board.
(b)  If the referendum and election are to be conducted in a limited area of the state, the petition must describe the boundaries of the area to be included.
(c)  The petition must propose a board with an odd number of five to 15 members.
Acts 1981, 67th Leg., p. 1082, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 7.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 3 - Agricultural Research and Promotion › Chapter 41 - Commodity Producers Boards › Subchapter B. Certification of Organizations to Conduct Referendum and Election › Section 41.012. Certification by Commissioner

Sec. 41.012.  CERTIFICATION BY COMMISSIONER.  (a)  Within 30 days following the day on which a petition for certification is received, the commissioner shall hold a public hearing to consider the petition.
(b)  If the commissioner determines that, on the basis of testimony presented at the public hearing, the petitioning organization is representative of the producers of the agricultural commodity within the boundaries described in the petition and that the petition conforms to the purposes and provisions of this chapter, the commissioner shall certify that the organization is representative of the producers of the commodity within the described area and is authorized to conduct the assessment referendum and board election.
Acts 1981, 67th Leg., p. 1083, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 3 - Agricultural Research and Promotion › Chapter 41 - Commodity Producers Boards › Subchapter C. Referenda and Elections › Section 41.021. Certified Organization to Conduct Referendum and Election

Sec. 41.021.  CERTIFIED ORGANIZATION TO CONDUCT REFERENDUM AND ELECTION.  In accordance with this subchapter and the rules of the commissioner, a certified organization may conduct a referendum of the producers of an agricultural commodity on the proposition of whether or not the producers shall levy an assessment on themselves to finance programs of research, disease and insect control, predator control, education, and promotion designed to encourage the production, marketing, and use of the commodity.  At the same time, the certified organization may conduct an election of members to a commodity producers board for the commodity.
Acts 1981, 67th Leg., p. 1083, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 3 - Agricultural Research and Promotion › Chapter 41 - Commodity Producers Boards › Subchapter C. Referenda and Elections › Section 41.022. Rules of Commissioner

Sec. 41.022.  RULES OF COMMISSIONER.  In order to ensure efficient and honest elections and efficient canvassing and reporting of returns, the commissioner shall adopt rules regulating the form of the ballot, the conduct of the election, and the canvass and reporting of returns.
Acts 1981, 67th Leg., p. 1083, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 3 - Agricultural Research and Promotion › Chapter 41 - Commodity Producers Boards › Subchapter C. Referenda and Elections › Section 41.023. Notice of Referendum and Election

Sec. 41.023.  NOTICE OF REFERENDUM AND ELECTION.  (a)  The certified organization shall give public notice of:
(1)  the date, hours, and polling places for voting in the referendum and election;
(2)  the estimated amount and basis of the assessment proposed to be collected;
(3)  whether a producer exemption is to be allowed in accordance with Section 41.082;  and
(4)  a description of the manner in which the assessment is to be collected and the proceeds administered and used.
(b)  The commissioner by rule shall prescribe the manner for providing public notice under Subsection (a).
Acts 1981, 67th Leg., p. 1083, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 3184, ch. 545, Sec. 2.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 4.01, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 3 - Agricultural Research and Promotion › Chapter 41 - Commodity Producers Boards › Subchapter C. Referenda and Elections › Section 41.024. Basis of Referendum and Election; Eligible Voters

Sec. 41.024.  BASIS OF REFERENDUM AND ELECTION;  ELIGIBLE VOTERS.  (a)  Subject to the approval of the commissioner, the certified organization may conduct the referendum and election under this chapter either on an area or statewide basis, as determined by the organization in its petition for certification.
(b)  A producer of the agricultural commodity is eligible to vote in the referendum and election if:
(1)  the producer's production occurs within the area described in the organization's petition;  and
(2)  the producer would be required under the referendum to pay the assessment.
Acts 1981, 67th Leg., p. 1083, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 3 - Agricultural Research and Promotion › Chapter 41 - Commodity Producers Boards › Subchapter C. Referenda and Elections › Section 41.025. Candidates for Board; Write-in Votes

Sec. 41.025.  CANDIDATES FOR BOARD;  WRITE-IN VOTES.  (a)  Any producer who is eligible to vote at the referendum and election is eligible to be a member or a candidate for membership on the commodity producers board.
(b)  A potential candidate must file with the certified organization an application to have his or her name printed on the ballot.  The application must be signed by the candidate and by at least 10 producers who are eligible to vote at the election.  The application must be filed at least 30 days before the date set for the election.
(c)  A voter may vote for board members by writing in the name of any eligible person whose name is not printed on the ballot.
Acts 1981, 67th Leg., p. 1084, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 3 - Agricultural Research and Promotion › Chapter 41 - Commodity Producers Boards › Subchapter C. Referenda and Elections › Section 41.026. Preparation and Distribution of Ballot

Sec. 41.026.  PREPARATION AND DISTRIBUTION OF BALLOT.  (a)  The certified organization shall prepare and distribute all necessary ballots in advance of the referendum and election.
(b)  The referendum provisions of the ballot shall specify a maximum rate for the authorized assessment.
(c)  The election provisions of the ballot may be printed only with the names of candidates who have filed valid petitions under Section 41.025 of this code, but the ballot shall provide a space for write-in votes.
(d)  The ballot shall provide a space for the voter to certify the volume of the voter's production of the commodity within the area described in the petition during the preceding year or other relevant production period, as designated on the ballot.
Acts 1981, 67th Leg., p. 1084, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 3 - Agricultural Research and Promotion › Chapter 41 - Commodity Producers Boards › Subchapter C. Referenda and Elections › Section 41.027. Expenses of Election

Sec. 41.027.  EXPENSES OF ELECTION.  The certified organization is responsible for all expenses incurred in connection with the referendum and election, but it may be reimbursed for actual and necessary expenses out of funds deposited in the treasury of the board if the assessment is levied and collected.
Acts 1981, 67th Leg., p. 1084, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 3 - Agricultural Research and Promotion › Chapter 41 - Commodity Producers Boards › Subchapter C. Referenda and Elections › Section 41.028. Exemptions for Producers

Sec. 41.028.  EXEMPTIONS FOR PRODUCERS.  The original referendum and subsequent biennial board elections may provide exemptions for producers within the boundaries described in the petition if the exemptions are included in full written form on the election ballot and are approved by two-thirds or more of those voting in the election.
Acts 1981, 67th Leg., p. 1084, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 3 - Agricultural Research and Promotion › Chapter 41 - Commodity Producers Boards › Subchapter C. Referenda and Elections › Section 41.029. Void Ballots

Sec. 41.029.  VOID BALLOTS.  (a)  In any contest of an election, a ballot is void if the voter overstated his or her volume of production by more than 10 percent.  Any other error in stating volume of production is not grounds for invalidating the ballot.
(b)  If a ballot is void or if any other error is made in stating production volume, the returns shall be corrected and the results adjusted accordingly.
Acts 1981, 67th Leg., p. 1084, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 3 - Agricultural Research and Promotion › Chapter 41 - Commodity Producers Boards › Subchapter C. Referenda and Elections › Section 41.030. Findings of Commissioner

Sec. 41.030.  FINDINGS OF COMMISSIONER.  On receiving the report of the returns of a referendum and election, the commissioner shall determine:
(1)  the number of votes cast for and against the referendum proposition;
(2)  the total volume of production of the commodity during the relevant production period in the area described in the petition;
(3)  the percentage of the total volume of production of the commodity that was produced by those voting in favor of the referendum proposition;  and
(4)  the appropriate number of candidates receiving the highest number of votes for membership on the commodity producers board.
Acts 1981, 67th Leg., p. 1085, ch. 388, Sec. 1, eff. Sept. 1, 1981.