H.B. No. 1494

	AN ACT
	relating to certain regulatory programs administered by the
	Department of Agriculture; providing penalties; imposing fees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1.  ADMINISTRATIVE PENALTIES
	SECTION 1.01.  Section 12.020, Agriculture Code, is amended
	by amending Subsections (g), (h), (i), (j), (k), and (o) and adding
	Subsection (j-1) to read as follows:
	(g)  Not later than the 20th day after the date on which
	notice is received, the person charged shall [may] accept the
	determination of the department made under Subsection (e) [of this
	section], including the recommended penalty, or make a written
	request for a hearing on the determination.
	(h)  If the person charged with the violation accepts the
	determination of the department or fails to timely respond to the
	notice, the commissioner shall issue an order approving the
	determination and ordering the payment of the recommended penalty.
	(i)  If the person charged requests a hearing [or fails to
	timely respond to the notice], the department shall set a hearing
	and give notice of the hearing. The hearing shall be conducted
	under Section 12.032. The administrative law judge shall make
	findings of fact and conclusions of law and promptly issue to the
	commissioner a proposal for decision as to the occurrence of the
	violation, including a recommendation as to the amount of the
	proposed penalty if a penalty is warranted. Based on the findings
	of fact, conclusions of law, and recommendations of the judge, the
	commissioner by order may find a violation has occurred and may
	assess a penalty or may find that no violation has occurred.
	(j)  The department shall give notice of the commissioner's
	order under Subsection (h) or (i) to the person charged. The notice
	shall include:
	(1)  the findings of fact and conclusions of law
	separately stated;
	(2)  the amount of the penalty ordered, if any;
	(3)  a statement of the right of the person charged to
	judicial review of the commissioner's order, if any; and
	(4)  other information required by law.
	(j-1)  Not later than the 30th day after the date notice is
	provided under Subsection (j), a person ordered to pay a penalty
	under Subsection (h) shall pay the penalty.
	(k)  Within the 30-day period immediately following the day
	on which the order under Subsection (i) becomes final under Section
	2001.144, Government Code, the person charged with the penalty
	shall:
	(1)  pay the penalty in full;
	(2)  pay the amount of the penalty and file a petition
	for judicial review contesting the occurrence of the violation, the
	amount of the penalty, or both the occurrence of the violation and
	the amount of the penalty; or
	(3)  without paying the amount of the penalty, file a
	petition for judicial review contesting the occurrence of the
	violation, the amount of the penalty, or both the occurrence of the
	violation and the amount of the penalty.
	(o)  Judicial review of the order of the commissioner under
	Subsection (i):
	(1)  is instituted by filing a petition as provided by
	Subchapter G, Chapter 2001, Government Code; and
	(2)  is under the substantial evidence rule.
	SECTION 1.02.  The changes in law made by this article to
	Section 12.020, Agriculture Code, apply only to a violation
	committed on or after the effective date of this Act. A violation
	committed before the effective date of this Act is governed by the
	law in effect on the date the violation was committed, and the
	former law is continued in effect for that purpose. For purposes of
	this section, a violation was committed before the effective date
	of this Act if any element of the violation occurred before that
	date.
	ARTICLE 2. NOTICE REGARDING RENEWAL OF LICENSE OR REGISTRATION
	SECTION 2.01.  Section 12.024(f), Agriculture Code, is
	amended to read as follows:
	(f)  At least 30 days before the expiration of a person's
	license or registration, the department shall attempt to send
	[written] notice of the impending license or registration
	expiration to the person at the license holder's or registrant's
	last known e-mail or physical address according to the records of
	the department.
	ARTICLE 3. REGULATION OF WEIGHTS AND MEASURES
	SECTION 3.01.  Section 13.001(a), Agriculture Code, is
	amended to read as follows:
	(a)  In this chapter:
	(1)  "Commercial weighing or measuring device" means a
	weighing or measuring device used in a commercial transaction
	["Weight or measure of a commodity" means the weight or measure of a
	commodity as determined by a weighing or measuring device].
	(2)  "Operator" or "user" means a person in possession
	or control of a weighing or measuring device.
	(3)  "Sell" includes barter or exchange.
	(4) [(3)]  "Weighing or measuring device" means[:
	[(A)]  a scale[;] or
	[(B)]  a mechanical or electronic device used to
	dispense or deliver a commodity by weight, volume, flow rate, or
	other measure or to compute the charge for a service.
	(5)  "Weight or measure of a commodity" means the
	weight or measure of a commodity as determined by a weighing or
	measuring device.
	SECTION 3.02.  Section 13.007, Agriculture Code, is amended
	by amending Subsection (a) and adding Subsection (e) to read as
	follows:
	(a)  A person who violates Subchapter B or C [this chapter]
	or a rule adopted under Subchapter B or C [this chapter] is liable
	to the state for a civil penalty not to exceed $500 for each
	violation. Each day a violation continues may be considered a
	separate violation for purposes of a civil penalty assessment.
	(e)  The department and the attorney general may each recover
	reasonable expenses incurred in obtaining injunctive relief and
	civil penalties under this section, including investigative costs,
	court costs, reasonable attorney's fees, witness fees, and
	deposition expenses. The expenses recovered by the department may
	be appropriated only to the department for the administration and
	enforcement of this chapter. The expenses recovered by the
	attorney general may be appropriated only to the attorney general.
	SECTION 3.03.  Section 13.021(b), Agriculture Code, is
	amended to read as follows:
	(b)  The department may adopt rules for the purpose of
	administering this subchapter and bringing about uniformity
	between the standards established under this subchapter and the
	standards established by federal law. [A person who violates a rule
	adopted under this subsection commits an offense.]
	SECTION 3.04.  Section 13.024, Agriculture Code, is amended
	by amending Subsection (b) and adding Subsection (d) to read as
	follows:
	(b)  [The barrel consists of 31-1/2 gallons. A hogshead
	consists of two barrels.] Except as provided by Subsections
	[Subsection] (c) and (d), [of this section] all other measures of
	capacity for liquids are derived from the gallon by continual
	division by two, making half gallons, quarts, pints, half pints,
	and gills.
	(d)  For purposes of the retail sale of motor fuel only, the
	liquid gallon contains 231 cubic inches without adjustment based on
	the temperature of the liquid.
	SECTION 3.05.  Section 13.027(b), Agriculture Code, is
	amended to read as follows:
	(b)  A person violates this chapter [commits an offense] if
	the person fails or refuses to comply with the rules adopted under
	this section.
	SECTION 3.06.  Section 13.031(f), Agriculture Code, is
	amended to read as follows:
	(f)  A person violates this chapter [commits an offense] if,
	in violation of this section, the person sells a liquid commodity by
	other than liquid measure or a commodity that is not liquid by a
	measure other than length, weight, or numerical count.
	SECTION 3.07.  Section 13.033, Agriculture Code, is amended
	to read as follows:
	Sec. 13.033.  SALE OF MILK OR CREAM IN NONSTANDARD
	CONTAINER. A person violates this chapter [commits an offense] if
	the person sells or keeps, offers, or exposes for sale milk or cream
	in bottles or other containers of a capacity other than one of the
	standard liquid measures provided for by Section 13.024 [of this
	code].
	SECTION 3.08.  Section 13.034(d), Agriculture Code, is
	amended to read as follows:
	(d)  A person violates this chapter [commits an offense] if,
	in violation of this section, the person sells or keeps, offers, or
	exposes for sale cheese, meat, or a meat food product by a measure
	other than standard net weight.
	SECTION 3.09.  Section 13.035(b), Agriculture Code, is
	amended to read as follows:
	(b)  A person violates this chapter [commits an offense] if
	the person:
	(1)  misrepresents the price of a commodity, item, or
	service sold or offered or exposed for sale; or
	(2)  represents the price or the quantity of a
	commodity, item, or service sold or offered or exposed for sale in a
	manner intended or tending to mislead or deceive an actual or
	prospective customer.
	SECTION 3.10.  Section 13.036, Agriculture Code, is amended
	to read as follows:
	Sec. 13.036.  FALSE REPRESENTATION OF COMMODITY QUANTITY. A
	person violates this chapter [commits an offense] if the person or
	the person's servant or agent:
	(1)  sells or offers or exposes for sale a quantity of a
	commodity or service that is less than the quantity the person
	represents; or
	(2)  as a buyer furnishing the weight or measure of a
	commodity or service by which the amount of the commodity or service
	is determined, takes or attempts to take more than the quantity the
	person represents.
	SECTION 3.11.  Section 13.037(a), Agriculture Code, is
	amended to read as follows:
	(a)  A person commits an offense if the person or the
	person's servant or agent knowingly uses an incorrect weighing or
	measuring device in:
	(1)  buying or selling a commodity;
	(2)  computing a charge for services rendered on the
	basis of weight or measure; or
	(3)  determining the weight or measure of a commodity,
	if a charge is made for the determination.
	SECTION 3.12.  Section 13.038, Agriculture Code, is amended
	to read as follows:
	Sec. 13.038.  SALE OF COMMODITY IN VIOLATION OF SUBCHAPTER.
	A person violates this chapter [commits an offense] if the person or
	the person's servant or agent sells or keeps, offers, or exposes for
	sale a commodity in violation of this subchapter.
	SECTION 3.13.  Section 13.040, Agriculture Code, is amended
	to read as follows:
	Sec. 13.040.  STOP-SALE ORDER. (a) If the department has
	reason to believe that a commodity is being sold or kept, offered,
	or exposed for sale in violation of [Section 13.030, 13.031,
	13.032, 13.033, 13.034, 13.035, 13.036, or 13.037 of] this chapter
	or that a commodity or service is being sold or offered for sale by
	or through the use of a weighing or measuring device that is in
	violation of this chapter [code], the department may issue and
	enforce a written or printed order to stop the sale of the commodity
	or service. The department shall present the order to the owner or
	custodian of the commodity or seller of the service. The person
	receiving the order may not sell the commodity or provide the
	service until discharged by a court under Subsection (b) [of this
	section] or until the commissioner finds that the commodity or
	weighing or measuring device is in compliance with this chapter
	[the applicable section].
	(b)  The owner or custodian of a commodity or a person
	selling or offering for sale a service prohibited from sale by an
	order of the department is entitled to sue in a court of competent
	jurisdiction where the commodity is found or the service is being
	sold or offered for sale for a judgment as to the justification of
	the order and for the discharge of the commodity or service in
	accordance with the findings of the court.
	(c)  This section does not limit the right of the department
	to proceed as authorized by other sections of this code
	[subchapter].
	SECTION 3.14.  Section 13.041, Agriculture Code, is amended
	to read as follows:
	Sec. 13.041.  PENALTIES; DEFENSE. (a) An offense under
	Section [13.021, 13.027, 13.029, or each of Sections] 13.030,
	13.032, 13.037, or [through] 13.039 [of this code] is a Class C
	misdemeanor.
	(b)  It is a defense to prosecution or to the imposition of a
	civil or administrative penalty for a violation of [under] Sections
	13.030-13.038 [of this code] that a discrepancy between the actual
	weight or volume at the time of sale to a consumer and the weight
	marked on the container or a discrepancy between the fill of a
	container and the capacity of the container is due to unavoidable
	leakage, shrinkage, evaporation, waste, or causes beyond the
	control of the seller acting in good faith.
	SECTION 3.15.  Subchapter C, Chapter 13, Agriculture Code,
	is amended by adding Section 13.1001 to read as follows:
	Sec. 13.1001.  AUTHORITY TO INSPECT. (a)  If the department
	has reason to believe that a weighing or measuring device is being
	used for a commercial transaction and the device is not registered
	with the department, the department may inspect the device and the
	records of the owner, operator, or user of the device that relate to
	use of the device to determine whether the device is in compliance
	with this chapter.
	(b)  The department has reason to believe a weighing or
	measuring device is being used for a commercial transaction if:
	(1)  the weighing or measuring device is found in close
	proximity to commodities being sold or offered for sale by weight or
	measure and the device appears to be under the control or in the
	possession of the person selling the commodities or offering the
	commodities for sale; or
	(2)  other available evidence is sufficient for a
	prudent person to believe that the weighing or measuring device is
	being used for a commercial transaction.
	SECTION 3.16.  Section 13.101, Agriculture Code, is amended
	to read as follows:
	Sec. 13.101.  [REQUIRED] INSPECTION OF DEVICES. (a) Unless
	a commercial weighing or measuring device is exempt from the
	application of this section by department rule, a commercial
	weighing or measuring device shall be inspected and tested for
	correctness by the department at [At] least once every four years,
	or more often as required by the department, [a weighing or
	measuring device shall be inspected and tested for correctness by
	the department] if it:
	(1)  is kept for sale, sold, or used by a proprietor,
	agent, lessee, or employee in proving the weight or measure,
	including the size, quantity, extent, or area, of any item; or
	(2)  is purchased, offered, or submitted by a
	proprietor, agent, lessee, or employee for sale, hire, or award.
	(b)  The department may [shall], to the extent necessary to
	ensure compliance with the official standards, implement
	risk-based inspections, respond to complaints, and, as a term of
	probation, require or perform additional inspection and testing of
	commercial weighing or measuring devices.
	(c)  A person who uses or keeps for use, or has or offers for
	sale, a commercial weighing or measuring device is responsible for
	having the device inspected and tested as required by this section,
	department rule, or department order imposing a term of probation.
	(d)  [Unless the department requires an additional
	inspection, a weighing or measuring device that is inspected and
	found correct by the department may be kept for use, used, kept or
	offered for sale, or sold without further testing.
	[(e)]  The department may inspect and test a commercial
	weighing or measuring device less frequently than required by
	Subsection (a):
	(1)  to accommodate complaint-based and risk-based
	inspection schedules; or
	(2)  in response to an emergency or a limitation in
	department funding.
	SECTION 3.17.  Section 13.1011, Agriculture Code, is amended
	to read as follows:
	Sec. 13.1011.  REQUIRED REGISTRATION. (a) Unless a
	commercial weighing or measuring device is exempt from the
	application of this section by department rule, a [A] person who
	owns or operates a commercial weighing or measuring device [for a
	commercial transaction] shall register the device [annually] with
	the department before using the device for a commercial
	transaction.
	(b)  An application for a device registration must:
	(1)  be submitted to the department on a form
	prescribed by the department;
	(2)  be accompanied by any other document or form
	required by the department; and
	(3)  include the registration fee required under
	Section 13.1151.  [The department shall establish a system of
	annual registration and may provide for staggered year-round
	registration.]
	(c)  A registration under this section is valid for one year
	unless a different period is established by department rule. The
	registration must be renewed at or before the end of each
	registration period and the application for renewal must include
	the renewal fee required by department rule.
	(d)  If a person fails to register or renew a registration as
	required by this section and pay the fee required under Section
	13.1151, the department may assess a late fee against the person,
	prohibit the operation of the weighing or measuring device, or both
	assess the fee and prohibit the operation of the device.
	[(d)     The department shall adopt rules for the
	administration of this section and Section 13.1151 of this code.]
	SECTION 3.18.  Section 13.111, Agriculture Code, is amended
	to read as follows:
	Sec. 13.111.  REPAIR OR DESTRUCTION OF INCORRECT COMMERCIAL
	WEIGHING OR MEASURING DEVICES. (a) If, in the judgment of the
	department, a commercial weighing or measuring device found to be
	incorrect is not capable of being repaired, the department may
	condemn, seize, and destroy the device.
	(b)  If, in the judgment of the department, an incorrect
	commercial weighing or measuring device is capable of being
	repaired, the department shall place on the device a tag or other
	mark with the words "Out of Order."  The owner or user of the
	commercial weighing or measuring device may [have it repaired
	within 30 days, but may] not use [or dispose of] it until it is
	reinspected and released for use by the department or inspected and
	released for use in any other manner authorized by department rule.
	(c)  The owner, operator, or user of a commercial weighing or
	measuring device may not destroy, replace, or otherwise dispose of
	a device declared to be incorrect or condemned under this section
	except as provided by department rule.
	SECTION 3.19.  Section 13.113, Agriculture Code, is amended
	by amending Subsections (a), (d), and (e) and adding Subsections
	(f), (g), and (h) to read as follows:
	(a)  The standards of weights and measures maintained by the
	department [received from the United States] and certified by the
	National Institute of Standards and Technology or a metrology
	laboratory certified by the National Institute of Standards and
	Technology are the state's standards by which all state and local
	standards of weights and measures are tried, authenticated, proved,
	and certified.
	(d)  At the request of a city, the department shall furnish
	the city with copies of the state's standards or test and approve
	other standards acquired by the city.  The city shall reimburse the
	state for the actual cost of the standards furnished, plus the costs
	of freight and certification.  All standards furnished to or tested
	for a city shall be true and correct and[,] certified by the
	department[, and stamped with the letter "C"].  The copies used by a
	city may be of any suitable material or construction that the city
	requests, subject to approval by the department.
	(e)  The department, or a metrology laboratory certified by
	the National Institute of Standards and Technology and approved by
	the department, shall inspect and correct the standards used by a
	department inspector, other department employee, or individual or
	business licensed by the department to perform device maintenance
	activities under Subchapter I [private maintenance, repairs, or
	calibration of weighing or measuring devices at least once every
	year].
	(f)  The department may adopt rules to regulate the frequency
	and place of inspection and correction of the standards used by an
	individual or business licensed by the department to perform device
	maintenance activities under Subchapter I.
	(g)  The department may inspect any standard used by an
	individual or business licensed by the department to perform device
	maintenance activities described by Subchapter I if the department
	has reason to believe a standard is no longer in compliance with
	this chapter.
	(h)  The department shall keep a record of the inspection and
	character of standards [weights and measures] inspected under this
	section [subsection].
	SECTION 3.20.  Section 13.114, Agriculture Code, is amended
	to read as follows:
	Sec. 13.114.  TOLERANCES. [(a)] The department shall
	establish specifications and tolerances [and specifications] for
	commercial weighing or measuring devices used in this state.  The
	specifications and tolerances [and specifications] shall be
	similar to those recommended by the National Institute of Standards
	and Technology.
	[(b)     A person commits an offense if the person fails or
	refuses to comply with the tolerances and specifications
	established under this section.]
	SECTION 3.21.  Section 13.115(a), Agriculture Code, is
	amended to read as follows:
	(a)  The department may [shall] collect a fee [in accordance
	with this section] for each test of a weighing or measuring device
	required by this subchapter or performed on request of the owner.
	SECTION 3.22.  Section 13.117, Agriculture Code, is amended
	to read as follows:
	Sec. 13.117.  REFUSING TO ALLOW TEST OF WEIGHING OR
	MEASURING DEVICE. A person commits an offense if the person
	[neglects or] refuses to allow a weighing or measuring device under
	the person's control or in the person's possession to be inspected,
	tested, or examined by the department, and the inspection, test, or
	examination is required or authorized by this chapter.
	SECTION 3.23.  Section 13.119, Agriculture Code, is amended
	to read as follows:
	Sec. 13.119.  REMOVAL OF REGISTRATION TAG. A person commits
	an offense if the person removes or obliterates a tag or device
	placed or required by the department to be placed on a weighing or
	measuring device under this chapter.
	SECTION 3.24.  Section 13.120(b), Agriculture Code, is
	amended to read as follows:
	(b)  A person commits an offense if the person or the
	person's servant or agent knowingly:
	(1)  offers or exposes for sale, hire, or award or sells
	an incorrect weighing or measuring device;
	(2)  possesses an incorrect weighing or measuring
	device; or
	(3)  sells, offers for sale, uses, or possesses for the
	purpose of sale or use a device or instrument to be used to falsify
	or intended to falsify a weight or measure.
	SECTION 3.25.  Section 13.122, Agriculture Code, is amended
	to read as follows:
	Sec. 13.122.  PENALTIES. An offense under [Section 13.114
	or] each of Sections 13.117 [13.116] through 13.121 is a Class C
	misdemeanor.
	SECTION 3.26.  Chapter 13, Agriculture Code, is amended by
	adding Subchapter I to read as follows:
	SUBCHAPTER I.  LICENSING OF SERVICE TECHNICIANS AND SERVICE
	COMPANIES
	Sec. 13.451.  DEFINITIONS. In this subchapter:
	(1)  "License holder" means a person who holds a
	service company license or a service technician license.
	(2)  "Service company" means a person who holds a
	service company license issued by the department under this
	subchapter.
	(3)  "Service technician" means an individual who holds
	a service technician license issued by the department under this
	subchapter.
	Sec. 13.452.  DEVICE MAINTENANCE ACTIVITIES. A person
	performs device maintenance activities if the person or the
	person's employee:
	(1)  places a commercial weighing or measuring device
	in service;
	(2)  installs, calibrates, or repairs a commercial
	weighing or measuring device; or
	(3)  removes an out-of-order tag, stop-sale order,
	security seal, lock, condemnation notice, or other form of use
	prohibition placed on a weighing or measuring device by the
	department.
	Sec. 13.453.  POWERS AND DUTIES OF DEPARTMENT. (a) To
	verify compliance with licensing requirements, trade practices,
	department rules, and this chapter, the department may periodically
	or in response to a complaint or previous violation inspect an
	applicant's or license holder's:
	(1)  facilities;
	(2)  inspecting and testing equipment and procedures;
	(3)  repair and calibration equipment, standards, and
	procedures;
	(4)  transportation equipment; and
	(5)  invoices, work orders, and other records related
	to device maintenance activities.
	(b)  The department may periodically or in response to a
	complaint or previous violation monitor and inspect or test
	weighing or measuring devices that have been inspected and tested
	by a license holder and any standards used by the license holder
	during an inspection or test.
	(c)  The department by rule may adopt additional
	requirements for the issuance of a license and for the denial of an
	application for a license or renewal of a license. Rules adopted by
	the department under this subsection must be designed to protect
	the public health, safety, and welfare and the proper inspection,
	testing, and operation of commercial weighing or measuring devices.
	(d)  The department may adopt other rules necessary for the
	regulation of device maintenance activities, for the proper
	operation of commercial weighing or measuring devices, and to
	protect the health, safety, and welfare of the public and license
	holders.
	(e)  The department may specify the date, time, and place for
	any inspection authorized by this section.
	Sec. 13.454.  EXEMPTIONS FROM LICENSE REQUIREMENTS. (a)  A
	person is not required to hold a license issued under this
	subchapter if the person:
	(1)  is a department employee who is performing device
	maintenance activities in the scope of the person's duties for the
	department;
	(2)  is the owner or operator of a commercial weighing
	or measuring device or an employee of the owner or operator of a
	commercial weighing or measuring device and the person:
	(A)  completely removes the commercial weighing
	or measuring device from the location at which the device was
	installed, including a device subject to an out-of-order tag,
	stop-sale order, security seal, lock, condemnation notice, or other
	item placed on the device by the department to prohibit use of the
	device; and
	(B)  notifies the department of the device's
	removal not later than the 10th day after the date the device was
	removed in the manner provided by department rule; or
	(3)  performs device maintenance activities only on a
	device that is:
	(A)  exempt from the registration requirements of
	Section 13.1011 under department rules;
	(B)  exempt from the inspection requirements of
	Section 13.101 under department rules; and
	(C)  not required to be inspected by other
	department rules.
	(b)  The department is not required to hold a license issued
	under this subchapter.
	Sec. 13.455.  SERVICE TECHNICIAN LICENSE REQUIRED. Unless
	the individual is exempt from the licensing requirement, an
	individual may not perform or offer to perform device maintenance
	activities unless the individual holds a service technician license
	issued by the department under this subchapter.
	Sec. 13.456.  SERVICE COMPANY LICENSE REQUIRED. (a)  Unless
	the person is exempt from the license requirement, a person may not
	employ an individual who performs or offers to perform device
	maintenance activities unless the person holds a service company
	license issued by the department under this subchapter.
	(b)  Unless the individual is exempt from the licensing
	requirement, an individual may not perform or offer to perform
	device maintenance activities as a sole proprietor unless the
	individual holds a service technician license and a service company
	license issued by the department under this subchapter.
	Sec. 13.457.  APPLICATION FOR LICENSE. An applicant for a
	license under this subchapter must submit to the department:
	(1)  an application form prescribed by the department;
	(2)  any other documents required by the department;
	and
	(3)  a fee in an amount set by the department.
	Sec. 13.458.  SERVICE TECHNICIAN LICENSE REQUIREMENTS. (a)
	The department shall issue a license to each qualified applicant
	who applies for a service technician license.
	(b)  The department by rule may require an applicant for the
	issuance or renewal of a service technician license to meet one or
	more of the following requirements:
	(1)  provide to the department proof that the applicant
	has completed an academic, trade, or professional course of
	instruction approved by the department;
	(2)  pass a written test; or
	(3)  pass a practical skills test.
	Sec. 13.459.  SERVICE COMPANY LICENSE REQUIREMENTS. (a) The
	department shall issue a license to each qualified applicant who
	applies for a service company license.
	(b)  An applicant for the issuance or renewal of a license
	under this section must:
	(1)  submit to the department a certificate of
	insurance evidencing that the applicant has an insurance policy
	that meets the requirements of Section 13.460 effective for the
	period for which the license is to be issued or renewed; and
	(2)  meet any other requirements provided by department
	rule.
	Sec. 13.460.  INSURANCE POLICY REQUIRED FOR SERVICE COMPANY.
	A service company shall maintain at all times while the service
	company performs device maintenance activities a current effective
	operations liability insurance policy issued by an insurance
	company authorized to do business in this state or by a surplus
	lines insurer that meets the requirements of Chapter 981, Insurance
	Code, and rules adopted by the commissioner of insurance in an
	amount set by the department and based on the type of licensed
	activities to be performed.
	Sec. 13.461.  TERM OF LICENSE. A license issued under this
	subchapter is valid for one year unless a different term is
	established by department rule.
	Sec. 13.462.  LICENSE RENEWAL. A person licensed under this
	subchapter must periodically renew the person's license.  The
	license expires unless the license holder submits an application
	for renewal accompanied by the renewal fee set by the department or
	by the late fee set by the department and meets the requirements for
	renewal.
	Sec. 13.463.  PRACTICE BY LICENSE HOLDER. (a)  A license
	holder shall perform device maintenance activities in compliance
	with department rules.
	(b)  A license holder may use only equipment approved by the
	department, as provided by department rules, when performing device
	maintenance activities.
	Sec. 13.464.  CRIMINAL PENALTY. (a) A person commits an
	offense if the person violates Section 13.455 or 13.456 or causes
	another person to violate Section 13.455 or 13.456.
	(b)  An offense under Subsection (a) is a Class B
	misdemeanor, unless the person has been previously convicted of an
	offense under this section, in which case the offense is a Class A
	misdemeanor.
	SECTION 3.27.  The following provisions of the Agriculture
	Code are repealed:
	(1)  Section 13.1012; and
	(2)  Section 13.115(g).
	SECTION 3.28.  (a) The following provisions of the
	Agriculture Code are repealed:
	(1)  Subchapter F, Chapter 13;
	(2)  Subchapter G, Chapter 13; and
	(3)  Subchapter H, Chapter 13.
	(b)  This section takes effect March 1, 2014.
	SECTION 3.29.  The changes in law made by this article to
	Sections 13.007, 13.021, 13.027, 13.031, 13.033, 13.034, 13.035,
	13.036, 13.037, 13.038, 13.041, 13.114, 13.117, 13.119, 13.120,
	13.122, 13.308, 13.358, and 13.407, Agriculture Code, apply only to
	an offense or violation committed on or after the effective date of
	the relevant change in law. An offense or violation committed
	before the effective date of the change in law is governed by the
	law in effect on the date the offense or violation was committed,
	and the former law is continued in effect for that purpose.  For
	purposes of this section, an offense or violation was committed
	before the effective date of the change in law if any element of the
	offense or violation occurred before that date.
	SECTION 3.30.  Not later than December 1, 2013, the
	Department of Agriculture shall adopt rules necessary to implement
	Subchapter I, Chapter 13, Agriculture Code, as added by this
	article.
	SECTION 3.31.  Not later than January 1, 2014, the
	Department of Agriculture shall begin accepting applications for
	and issuing service technician licenses and service company
	licenses under Sections 13.458 and 13.459, Agriculture Code, as
	added by this article.
	SECTION 3.32.  Sections 13.455, 13.456, and 13.464,
	Agriculture Code, as added by this article, take effect March 1,
	2014.
	ARTICLE 4.  NOTICE OF COMMODITY PRODUCERS BOARD ELECTIONS
	SECTION 4.01.  Section 41.023(b), Agriculture Code, is
	amended to read as follows:
	(b)  The commissioner by rule shall prescribe the manner for
	providing public notice under Subsection (a) [of this section shall
	be published in one or more newspapers published and distributed
	within the boundaries described in the petition. The notice shall
	be published for not less than once a week for three consecutive
	weeks, beginning at least 60 days before the date of the election.
	In addition, at least 60 days before the date of the election the
	certified organization shall give direct written notice to each
	county agent in any county within the boundaries described in the
	petition].
	SECTION 4.02.  The change in law made by this article to
	Section 41.023(b), Agriculture Code, applies only to an election
	ordered on or after the effective date of this Act. An election
	ordered before the effective date of this Act is governed by the law
	in effect when the election was ordered, and the former law is
	continued in effect for that purpose.
	ARTICLE 5.  REGULATION OF CITRUS PEST AND DISEASE MANAGEMENT
	SECTION 5.01.  Section 80.003(6), Agriculture Code, is
	amended to read as follows:
	(6)  "Citrus producer" means a person who grows citrus
	and receives or intends to receive income from the sale of citrus.
	The term includes an individual who as owner, landlord, tenant, or
	sharecropper is entitled to share in the citrus grown and available
	for marketing from a farm or to share in the proceeds from the sale
	of the citrus from the farm. The term includes a person who owns
	land that is primarily used to grow citrus and that is appraised
	based on agricultural use under Chapter 23, Tax Code, regardless of
	whether the person receives income from the sale of citrus, and
	there is an irrebuttable presumption that the person intends to
	receive income from the sale of citrus.
	SECTION 5.02.  Section 80.015(b), Agriculture Code, is
	amended to read as follows:
	(b)  The commissioner shall propose in a referendum the:
	(1)  maximum assessment to be paid by citrus producers
	[having production] in the pest management zone; and
	(2)  time for which the assessment will be made.
	SECTION 5.03.  Section 80.016(d), Agriculture Code, is
	amended to read as follows:
	(d)  A citrus producer [having citrus production] in a
	proposed or established pest management zone is entitled to:
	(1)  vote in a referendum concerning the pest
	management zone; and
	(2)  elect board members to represent the pest
	management zone.
	SECTION 5.04.  The changes in law made by this article to
	Sections 80.015(b) and 80.016(d), Agriculture Code, apply only to
	an election ordered on or after the effective date of this Act.  An
	election ordered before the effective date of this Act is governed
	by the law in effect when the election was ordered, and the former
	law is continued in effect for that purpose.
	ARTICLE 6.  DISPOSITION OF LIVESTOCK EXPORT FACILITIES
	SECTION 6.01.  Section 2166.003, Government Code, is amended
	by adding Subsection (c) to read as follows:
	(c)  This chapter and Chapter 2175 do not apply to the
	disposition, sale, or transfer of a pen, shed, or ancillary
	building constructed by and for the Department of Agriculture for
	the processing of livestock before export.
	ARTICLE 7.  EFFECTIVE DATE
	SECTION 7
	.01.  Except as otherwise provided by this Act,
	this Act takes effect September 1, 2013.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1494 was passed by the House on April
	26, 2013, by the following vote:  Yeas 130, Nays 10, 2 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 1494 on May 21, 2013, by the following vote:  Yeas 120, Nays 27,
	2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1494 was passed by the Senate, with
	amendments, on May 17, 2013, by the following vote:  Yeas 28, Nays
	1.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor