HBA-BSM H.B. 2000 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2000 By: Cook Agriculture & Livestock 3/5/2001 Introduced BACKGROUND AND PURPOSE House Bill 2000 clarifies language in provisions relating to the commissioner of agriculture and the Texas Department of Agriculture's general authority in the organic, seeds, and weights and measures regulatory programs. House Bill 2000 also amends and repeals unnecessary language and makes the law consistent with current practices. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the commissioner of agriculture in SECTION 13 (SECTION. 9, Art. 8614, V.T.C.S.) of this bill. ANALYSIS House Bill 2000 amends the Agriculture Code, the Health and Safety Code, and Vernon's Texas Civil Statutes to update the law and conform it to current practices. The bill amends the Agriculture Code to authorize the Department of Agriculture (department) to enter into cooperative agreements with private, local, state, federal, and foreign governmental entities (Sec. 12.0011). The bill deletes provisions regarding the requirement that the department collect agricultural statistics. H.B. 2000 authorizes the department to refuse to issue or renew a license if the department finds that the practitioner: violated a provision; violated a rule adopted by the department; or after appropriate notice, failed to comply with an order of the department. In addition to other actions, if a license suspension is probated, the department is authorized to require the practitioner to maintain additional information in the practitioner's records (Sec. 12.0201). The bill requires the department to collect a phytosanitation inspection fee for processed products or equipment exported from this state, and authorizes the department to issue a phytosanitary certificate on completion of the inspection (Sec. 12.021). The bill sets forth provisions prohibiting a person from labeling, marketing, advertising, or otherwise representing an item as organic until certain requirements have been met (Sec. 18.010). H.B. 2000 amends law to transfer provisions of authority from the comptroller to the commissioner of agriculture for the purpose of regulating the sale of motor fuels containing ethanol and methanol. The bill authorizes the commissioner of agriculture by rule to impose a fee for testing, inspection, or the performance of other services and to prescribe the form for reporting and remitting the fees (Sec. 9, Art. 8614, V.T.C.S). The bill removes provisions from the Agriculture Code and Health and Safety Code relating to irrigation statistics, protection of foundation, registered, and certified cotton varieties, importation of camellias, penalties, and the duties of the commissioner of agriculture (Secs. 12.012, 62.007, 71.052, and 71.058 Agriculture Code, and 825.023 Health and Safety Code). The bill amends the Agriculture Code to provide that each commodity producers board is a state agency for purposes of indemnification, a governmental unit for purposes of governmental liability for tort claims, and a governmental body for purposes of open government (Sec. 41.052). The bill provides that the Texas-Israel Exchange Fund Board shall meet at least annually, rather than at least twice annually (Sec. 45.006). The bill deletes a provision which requires the department to employ inspectors who are nominated by the State Seed and Plant Board and transfers the requirement to prescribe the label format for certified seeds and plants from the State Seed and Plant Board to the department (Sec. 62.008). H.B. 2000 provides that for the purpose of inspection of nursery products and florist items, nursery grower means a person who grows more than 50 percent of the florist items as well as nursery products that the person either sells or leases (Sec. 71.041). H.B. 2000 removes from law a provision which requires the commissioner of agriculture to supply signs regarding ethanol and methanol content of motor fuel to motor fuel dealers (Sec. 4, Art. 8614, V.T.C.S). EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.