ag.002.00.000012.00 by Legal Tips Dot Org. Free Legal Advice, Legal Forms, Databases and much more.

§ 12.0011. AUTHORITY TO ENTER INTO COOPERATIVE
AGREEMENTS. To carry out its duties under this code, the
department may enter into cooperative agreements with:
(1) private entities; and
(2) local, state, federal, and foreign governmental
entities.

Added by Acts 2001, 77th Leg., ch. 52, § 1, eff. May 7, 2001.

§ 12.0012. NOTICE OF QUARANTINE.

Text of section as added by Acts 2003, 78th Leg., ch. 369, § 2
The department, on submission for publication, shall notify
the Department of Public Safety's division of emergency management
of each quarantine the department adopts. The department shall
then cooperate with the division of emergency management in
implementing any necessary safeguards to protect the state's
agricultural resources from potential economic, health, or
ecological disaster that may result from the quarantined pest or
disease.

Added by Acts 2003, 78th Leg., ch. 369, § 2, eff. Sept. 1, 2003.

For text of section as added by Acts 2003, 78th Leg., ch. 1107, §
1, see § 12.0012, post.

§ 12.0012. NOTIFICATION.

Text of section as added by Acts 2003, 78th Leg., ch. 1107, § 1
The department shall, upon submission for publication,
notify the division of emergency management in the office of the
governor of each quarantine it adopts. The department shall
thereafter cooperate with the division of emergency management in
implementing any necessary safeguards to protect the state's
agricultural resources from potential economic, health, or
ecological disaster that may result from the quarantined pest or
disease.

Added by Acts 2003, 78th Leg., ch. 1107, § 1, eff. June 20, 2003.

For text of section as added by Acts 2003, 78th Leg., ch. 369, §
2, see § 12.0012, ante.

§ 12.002. DEVELOPMENT OF AGRICULTURE. The
department shall encourage the proper development and promotion of
agriculture, horticulture, and other industries that grow,
process, or produce products in this state.

Acts 1981, 67th Leg., p. 1017, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 2001, 77th Leg., ch. 208, § 1, eff. May 21, 2001;
Acts 2003, 78th Leg., ch. 265, § 1, eff. June 18, 2003.

§ 12.003. AGRICULTURAL SOCIETIES. The department
shall encourage the organization of agricultural societies.

Acts 1981, 67th Leg., p. 1017, ch. 388, § 1, eff. Sept. 1, 1981.

§ 12.006. DEVELOPMENT OF DOMESTIC AND FOREIGN
MARKETS. The department shall investigate and report on the
question of broadening the market and increasing the demand for
cotton goods and all other agricultural or horticultural products
in the United States and foreign countries. The department shall
compile information beneficial to farmers, including information
pertaining to:
(1) the number of bales of cotton consumed by
spinners in foreign countries;
(2) the demand for cotton produced in Texas;
(3) the methods and course of sales to foreign
countries, showing the purchasers, brokers, and others who handle
the cotton after it leaves the producers; and
(4) countries with which trade could be increased,
thereby creating a better outlet for trade and the best method for
bringing consumer and purchaser together.

Acts 1981, 67th Leg., p. 1018, ch. 388, § 1, eff. Sept. 1, 1981.

§ 12.007. PLANT DISEASES AND PESTS. The
department shall investigate the diseases of crops grown in this
state, including grain, cotton, and fruit, to discover remedies.
The department shall also investigate the habits and propagation of
insects that are injurious to the crops of the state and the best
methods for their destruction. The department shall supervise the
protection of fruit trees, shrubs, and plants as provided by law.

Acts 1981, 67th Leg., p. 1018, ch. 388, § 1, eff. Sept. 1, 1981.

§ 12.010. CORRESPONDENCE WITH GOVERNMENT AGENCIES AND
OTHERS. The department shall correspond with the United States
Department of Agriculture, with the agriculture departments of the
other states and territories, and, at the option of the department,
with the agriculture departments of foreign countries and
representatives of the United States in those countries, for the
purpose of gathering information that will advance the interests of
agriculture in the state. For the same purpose, the department may
correspond with organizations and individuals whose objective is
the promotion of agriculture in any branch.

Acts 1981, 67th Leg., p. 1019, ch. 388, § 1, eff. Sept. 1, 1981.

§ 12.011. AGRICULTURAL RESOURCE STATISTICS. The
department shall collect and publish statistics and other
information relating to industries of this state and other states
that the department considers beneficial in developing the
agricultural resources of this state.

Acts 1981, 67th Leg., p. 1019, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 2001, 77th Leg., ch. 52, § 2, eff. May 7, 2001.

§ 12.013. EMPLOYEES. (a) The department may
employ personnel as the duties of the department require. The
commissioner shall provide to the department's employees, as often
as necessary, information regarding their qualifications for
employment and their responsibilities under applicable laws
relating to standards of conduct for state employees.
(b) The commissioner or the commissioner's designee
shall develop a system of annual performance evaluations that are
based on documented employee performance. All merit pay for
department employees must be based on the system established under
this subsection.
(c) The commissioner or the commissioner's designee
shall develop an intraagency career ladder program that addresses
opportunities for mobility and advancement for employees within the
department. The program shall require intraagency postings of all
positions concurrently with any public posting.
(d) The commissioner or the commissioner's designee
shall prepare and maintain a written policy statement to assure
implementation of a program of equal employment opportunity under
which all personnel transactions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies
relating to recruitment, evaluation, selection, appointment,
training, and promotion of personnel that comply with the
requirements of Chapter 21, Labor Code;
(2) a comprehensive analysis of the department work
force that meets federal and state guidelines;
(3) procedures by which a determination can be made
about the extent of underuse in the department work force of all
persons for whom federal or state guidelines encourage a more
equitable balance; and
(4) reasonable methods to appropriately address
those areas of underuse.
(e) A policy statement prepared under Subsection (d) of
this section must cover an annual period, be updated annually and
reviewed by the Texas Commission on Human Rights for compliance
with Subsection (d)(1) of this section, and be filed with the
governor's office.
(f) The governor's office shall deliver a biennial report
to the legislature based on the information received under
Subsection (e) of this section. The report may be made separately
or as a part of other biennial reports made to the legislature.

Acts 1981, 67th Leg., p. 1019, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 3, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 419, § 1.02, eff. Sept. 1, 1995.

§ 12.0135. CONFLICT PROVISIONS. (a) A person
may not act as the general counsel to the department if the person
is required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the department.
(b) An officer, employee, or paid consultant of a
statewide Texas trade association or an affiliate of a national
trade association in the field of agriculture may not be an employee
of the department who is exempt from the state's position
classification plan or is compensated at or above the amount
prescribed by the General Appropriations Act for step 1, salary
group 17, of the position classification salary schedule.
(c) A person who is the spouse of an officer, manager, or
paid consultant of a statewide Texas trade association or an
affiliate of a national trade association in the field of
agriculture may not be an employee of the department who is exempt
from the state's position classification plan or is compensated at
or above the amount prescribed by the General Appropriations Act
for step 1, salary group 17, of the position classification salary
schedule.
(d) For the purposes of this section, a trade association
is a nonprofit, cooperative, and voluntarily joined association of
business or professional competitors designed to assist its members
and its industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.

Added by Acts 1989, 71st Leg., ch. 230, § 4, eff. Sept. 1, 1989.

§ 12.014. ANNUAL REPORT. (a) The department
shall file annually with the governor and the presiding officer of
each house of the legislature a complete and detailed written
report accounting for all funds received and disbursed by the
department during the preceding fiscal year. The annual report
must be in the form and reported in the time provided by the General
Appropriations Act.
(b) Under the direction of the department, the State
Purchasing and General Services Commission shall have printed not
more than 10,000 copies of the annual report of the department. The
department shall distribute the copies to farmers through the
farmers' institutes or agricultural organizations or through other
means as determined by the department.

Acts 1981, 67th Leg., p. 1019, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 5, eff. Sept. 1,
1989.

§ 12.0144. FEE SCHEDULE. The department shall by
rule adopt a schedule for all fees set by the department under this
code. Except for those activities exempted in the General
Appropriations Act, the department shall set fees in an amount
which offsets, when feasible, the direct and indirect state costs
of administering its regulatory activities.

Added by Acts 1995, 74th Leg., ch. 419, § 2.01, eff. Sept. 1,
1995.

§ 12.0145. SUBMISSION OF PROPOSED FEE SCHEDULE.
The department shall include, as part of each request for
legislative appropriations submitted to the Legislative Budget
Board, a proposed fee schedule that would recover all direct costs
of administering each regulatory program of the department except a
regulatory program exempted by the department because increased
cost recovery would be contrary to the program's purpose.

Added by Acts 1989, 71st Leg., ch. 230, § 6, eff. Sept. 1, 1989.

§ 12.015. COOPERATION WITH TEXAS A & M UNIVERSITY AND
EXPERIMENT STATIONS. This chapter does not affect the scope or
character of the work of Texas A & M University or of the
agricultural experiment stations, and the department shall
cooperate with them in all matters relating to the agricultural and
horticultural interests of the state.

Acts 1981, 67th Leg., p. 1020, ch. 388, § 1, eff. Sept. 1, 1981.

§ 12.016. RULES. The department may adopt rules
as necessary for the administration of its powers and duties under
this code.

Acts 1981, 67th Leg., p. 1020, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1995, 74th Leg., ch. 419, § 1.03, eff. Sept. 1,
1995.

§ 12.017. USE OF TERM "TEXAS AGRICULTURAL PRODUCT".
(a) The department, by rule, shall regulate the use of the term
"Texas Agricultural Product" and any symbol connected with that
term in the selling, advertising, marketing, or other commercial
handling of food or fiber products.
(b) On request of the department, the attorney general
shall sue in a court of competent jurisdiction to enjoin a violation
or threatened violation of a rule adopted under this section.
(c) A person commits an offense if the person violates a
rule adopted by the department under this section. An offense under
this section is a Class C misdemeanor.

Acts 1981, 67th Leg., p. 1020, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1989, 71st Leg., ch. 230, § 7, eff. Sept. 1,
1989.

§ 12.0175. GROWN OR PRODUCED IN TEXAS PROGRAM.
(a) The department by rule may establish programs to promote
and market agricultural products and other products grown,
processed, or produced in the state.
(b) The department may charge a membership fee, as
provided by department rule, for each participant in a program.
(c) The department may adopt rules necessary to
administer a program established under this section, including
rules governing the use of any registered logo of the department.
(d) The department may revoke or cancel a certificate of
registration or license issued under a program established under
this section if a participant fails to comply with a rule adopted by
the department.

Added by Acts 1989, 71st Leg., ch. 230, § 8, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 5, § 9.01, eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 650, § 2, eff. Aug. 30,
1993; Acts 2001, 77th Leg., ch. 208, § 2, eff. May 21, 2001;
Acts 2003, 78th Leg., ch. 265, § 2, 3, eff. June 18, 2003.

§ 12.0176. COOPERATION WITH CERTAIN COMMODITY
PRODUCERS BOARDS. (a) The department may, to the extent that
resources are available, enter into a cooperative agreement with a
commodity producers board to increase the effectiveness and
efficiency of the promotion of Texas agricultural products.
(b) A cooperative agreement may include:
(1) provisions relating to the programs instituted
by the department under this chapter and Chapter 46;
(2) provisions relating to board contributions for
promotional costs; and
(3) any other provisions the department and the
board consider appropriate.
(c) Funds contributed by a board under an agreement under
this section are not state funds.

Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, § 25.01, eff.
Jan. 11, 2004.

§ 12.018. TESTING. (a) On request of any
person, the department may test an agricultural product for
aflatoxins. The department may set and charge a fee, as provided by
department rule, for each test.
(b) On request of any person, the department may perform
laboratory analyses on agricultural products, including testing
for pesticide residue, protein content, and milk butterfat content.
(c) The department shall set by rule the fee for each type
of laboratory analysis.

Acts 1981, 67th Leg., p. 1020, ch. 388, § 1, eff. Sept. 1, 1981.
Amended by Acts 1985, 69th Leg., ch. 239, § 56, eff. Sept. 1,
1985; Acts 1989, 71st Leg., ch. 230, § 9, eff. Sept. 1, 1989;
Acts 1995, 74th Leg., ch. 419, § 2.02, eff. Sept. 1, 1995.

§ 12.020. ADMINISTRATIVE PENALTIES. (a) If a
person violates a provision of this code described by Subsection
(c) of this section or a rule or order adopted by the department
under a provision of this code described by Subsection (c) of this
section, the department may assess an administrative penalty
against the person as provided by this section.
(b) The penalty for each violation may be in an amount not
to exceed the maximum provided by Subsection (c) of this section.
Each day a violation continues or occurs may be considered a
separate violation for purposes of penalty assessments.

Text of subsec. (c) as amended by Acts 2001, 77th Leg., ch. 374,
§ 1
(c) The provisions of this code subject to this section
and the applicable penalty amounts are as follows:Provision Amount of Penalty
Chapter 41 $1,000
Chapters 13, 14, 18, 46,
61, 94, 95, 101, 102,
103, 121, 125, 132,
and 134 not more than $500
Subchapter B, Chapter 71
Chapter 19
Chapter 76 not more than $2,000
Subchapters A and C,
Chapter 71
Chapters 72, 73, and 74 not more than $5,000.

Text of subsec. (c) as amended by Acts 2001, 77th Leg., ch. 1124,
§ 2

(c) The provisions of this code subject to this section and the
applicable penalty amounts are as follows:Provision Maximum Penalty
Chapters 13, 14A, 18, 46,
61,
94, 95, 101, 102, 103, 121
1,
125, 132, and 134 $500
Subchapter B, Chapter 71
Chapter 19
Chapter 76 $2,000
Subchapters A and C,
Chapter 71
Chapters 72, 73, and 74 $5,000
Chapter 14 $10,000.

(d) In determining the amount of the penalty, the
department shall consider:
(1) the seriousness of the violation, including but
not limited to the nature, circumstances, extent, and gravity of
the prohibited acts, and the hazard or potential hazard created to
the health or safety of the public;
(2) the damage to property or the environment
caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter future
violations;
(5) efforts to correct the violation; and
(6) any other matter that justice may require.
(e) If, after investigation of a possible violation and
the facts surrounding that possible violation, the department
determines that a violation has occurred, the department may issue
a violation report stating the facts on which the conclusion that a
violation occurred is based, recommending that an administrative
penalty under this section be imposed on the person charged, and
recommending the amount of that proposed penalty. The department
shall base the recommended amount of the proposed penalty on the
seriousness of the violation determined by consideration of the
factors set forth in Subsection (d) of this section.
(f) Not later than the 14th day after the date on which
the report is issued, the department shall give written notice of
the report to the person charged. The notice shall include a brief
summary of the charges, a statement of the amount of the penalty
recommended, and a statement of the right of the person charged to a
hearing on the occurrence of the violation or the amount of the
penalty, or both the occurrence of the violation and the amount of
the penalty.
(g) Not later than the 20th day after the date on which
notice is received, the person charged 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, 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 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.
(k) Within the 30-day period immediately following the
day on which the order 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.
(l) Within the 30-day period, a person who acts under
Subsection (k)(3) of this section may:
(1) stay enforcement of the penalty by:
(A) paying the amount of the penalty to the
court for placement in an escrow account; or
(B) giving to the court a supersedeas bond
that is approved by the court for the amount of the penalty and that
is effective until all judicial review of the commissioner's order
is final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of
the person stating that the person is financially unable to pay the
amount of the penalty and is financially unable to give the
supersedeas bond; and
(B) giving a copy of the affidavit to the
department by certified mail.
(m) The department on receipt of a copy of an affidavit
under Subsection (l)(2) of this section may file with the court,
within five days after the date the copy is received, a contest to
the affidavit. The court shall hold a hearing on the facts alleged
in the affidavit as soon as practicable and shall stay the
enforcement of the penalty on finding that the alleged facts are
true. The person who files an affidavit has the burden of proving
that the person is financially unable to pay the amount of the
penalty and to give a supersedeas bond.
(n) If the person does not pay the amount of the penalty
and the enforcement of the penalty is not stayed, the department may
refer the matter to the attorney general for collection of the
amount of the penalty.
(o) Judicial review of the order of the commissioner:
(1) is instituted by filing a petition as provided
by Subchapter G, Chapter 2001, Government Code; and
(2) is under the substantial evidence rule.
(p) If the court sustains the occurrence of the
violation, the court may uphold or reduce the amount of the penalty
and order the person to pay the full or reduced amount of the
penalty. If the court does not sustain the occurrence of the
violation, the court shall order that no penalty is owed.
(q) When the judgment of the court becomes final, the
court shall proceed under this subsection. If the person paid the
amount of the penalty and if that amount is reduced or is not upheld
by the court, the court shall order that the appropriate amount plus
accrued interest be remitted to the person. The rate of the
interest is the rate charged on loans to depository institutions by
the New York Federal Reserve Bank, and the interest shall be paid
for the period beginning on the date the penalty was paid and ending
on the date the penalty is remitted. If the person gave a
supersedeas bond and if the amount of the penalty is not upheld by
the court, the court shall order the release of the bond. If the
person gave a supersedeas bond and if the amount of the penalty is
reduced, the court shall order the release of the bond after the
person pays the amount.
(r) A penalty collected under this section shall be
deposited in the state treasury to the credit of the General Revenue
Fund.
(s) All proceedings under this section are subject to
Chapter 2001, Government Code, except as provided in Subsections
(t) and (u).
(t) Notwithstanding Section 2001.058, Government Code,
the commissioner may change a finding of fact or conclusion of law
made by the administrative law judge if the commissioner:
(1) determines that the administrative law judge:
(A) did not properly apply or interpret
applicable law, department rules or policies, or prior
administrative decisions; or
(B) issued a finding of fact that is not
supported by a preponderence of the evidence; or
(2) determines that a department policy or a prior
administrative decision on which the administrative law judge
relied is incorrect or should be changed.
(u) The commissioner shall state in writing the specific
reason and legal basis for a determination under Subsection (t).

Added by Acts 1983, 68th Leg., p. 5382, ch. 990, § 1, eff. Sept.
1, 1983. Amended by Acts 1989, 71st Leg., ch. 230, § 10, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 76, § 5.95(49), (52),
(53), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 358, § 2,
eff. June 8, 1995; Acts 1995, 74th Leg., ch. 419, § 3.02, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 425, § 2, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 186, § 1, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 374, § 1, eff. May 25, 2001; Acts 2001,
77th Leg., ch. 1124, § 2, eff. Sept. 1, 2001.

§ 12.0201. LICENSE SANCTIONS. (a) In addition
to other sanctions provided by law, the department may revoke,
modify, suspend, or refuse to issue or renew a license, assess an
administrative penalty, place on probation a person whose license
has been suspended, or reprimand a license holder if the department
finds that the practitioner:
(1) violated a provision of this code;
(2) violated a rule adopted by the department under
this code; or
(3) after appropriate notice, failed to comply with
an order of the department.
(b) In addition to any other actions permitted under this
code, if a license suspension is probated, the department may
require the practitioner:
(1) to maintain additional information in the
practitioner's records;
(2) to report regularly to the department on
matters that are the basis of the probation;
(3) to limit practice to the areas prescribed by the
department; or
(4) to continue or review professional education
until the practitioner attains a degree of skill satisfactory to
the department in those areas that are the basis of the probation.

Added by Acts 1995, 74th Leg., ch. 419, § 1.04, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 52, § 3, eff. May 7,
2001.

§ 12.0202. ADMINISTRATIVE HEARINGS. If the
department proposes to suspend, revoke, or refuse to renew a
person's license, the person is entitled to a hearing conducted by
the State Office of Administrative Hearings. Proceedings for a
disciplinary action are governed by Chapter 2001, Government Code.
Rules of practice adopted by the department under Section 2001.004,
Government Code, applicable to the proceedings for a disciplinary
action may not conflict with rules adopted by the State Office of
Administrative Hearings.

Added by Acts 1995, 74th Leg., ch. 419, § 1.04, eff. Sept. 1,
1995.

§ 12.021. FEE FOR PHYTOSANITATION INSPECTION;
ISSUANCE OF CERTIFICATE. The department shall collect an
inspection fee, as provided by department rule, for a
phytosanitation inspection required by foreign countries or other
states for agricultural products, processed products, or equipment
exported from this state. The department may issue a phytosanitary
certificate on completion of the inspection.

Added by Acts 1985, 69th Leg., ch. 239, § 58, eff. Sept. 1, 1985.
Amended by Acts 1995, 74th Leg., ch. 419, § 2.03, eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 52, § 4, eff. May 7, 2001.

§ 12.022. AUTHORITY TO ACCEPT GIFTS. The
department is authorized to accept gifts, grants, and donations and
shall file annually with the governor and the presiding officer of
each house of the legislature a complete and detailed written
report accounting for all gifts, grants, and donations received and
disbursed, used, or maintained by the department during the
preceding fiscal year. This report shall be included in the annual
report required by Section 12.014 of this chapter.

Added by Acts 1989, 71st Leg., ch. 230, § 11, eff. Sept. 1, 1989.

§ 12.023. EXPIRATION OF REGISTRATION OR LICENSES.
The department by rule may adopt a system under which
registrations or licenses required by the department expire on
various dates during the year. For the year in which the
registration or license expiration date is changed, registration or
license fees shall be prorated on a monthly basis so that each
registrant or licensee pays only that portion of the fee that is
allocable to the number of months during which the registration or
license is valid. On renewal of the registration or license on the
new expiration date, the total renewal fee is payable.

Added by Acts 1985, 69th Leg., ch. 664, § 1, eff. Sept. 1, 1985.
Renumbered from § 12.021 by Acts 1987, 70th Leg., ch. 167, §
5.01(a)(1), eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg.,
ch. 230, § 12, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 419,
§ 1.05, eff. Sept. 1, 1995.

§ 12.024. LATE RENEWAL OF LICENSE OR REGISTRATION.
(a) A person who is otherwise eligible to renew a license or
registration may renew an unexpired license or registration by
paying the required renewal fee to the department before the
expiration date of the license or registration. A person whose
license or registration has expired may not engage in activities
that require a license or registration until the license or
registration has been renewed under the provisions of this section.
(b) If the person's license or registration has been
expired for 90 days or less, the person may renew the license or
registration by paying to the department 1-1/2 times the required
renewal fee.
(c) If the person's license or registration has been
expired for longer than 90 days but less than one year, the person
may renew the license or registration by paying to the department
two times the required renewal fee.
(d) If the person's license or registration has been
expired for one year or longer, the person may not renew the license
or registration. The person may obtain a new license or
registration by submitting to reexamination, if applicable, and
complying with the requirements and procedures for obtaining an
original license or registration.
(e) If the person was licensed or registered in this
state, moved to another state, and is currently licensed or
registered and has been in practice in the other state for the two
years preceding application, the person may renew an expired
license or registration without reexamination, if required. The
person must pay to the department a fee that is equal to two times
the required renewal fee for the license or registration.
(f) At least 30 days before the expiration of a person's
license or registration, the department shall send written notice
of the impending license or registration expiration to the person
at the license holder's or registrant's last known address
according to the records of the department.
(g) The department by rule shall set fees required by
this section.

Added by Acts 1989, 71st Leg., ch. 230, § 13, eff. Sept. 1, 1989.
Amended by Acts 1993, 73rd Leg., ch. 419, § 2, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 650, § 3, eff. Aug. 30, 1993;
Acts 1993, 73rd Leg., ch. 1016, § 10, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 419, § 2.04, eff. Sept. 1, 1995.

§ 12.025. PROGRAM ACCESSIBILITY PLAN. The
department shall comply with federal and state laws related to
program and facility accessibility. The commissioner shall also
prepare and maintain a written plan that describes how a person who
does not speak English can be provided reasonable access to the
department's programs and services.

Added by Acts 1989, 71st Leg., ch. 230, § 14, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 419, § 1.06, eff. Sept. 1,
1995.

§ 12.026. PUBLIC INTEREST INFORMATION; COMPLAINTS.
(a) The department shall prepare information of public
interest describing the functions of the department and the
department's procedures by which complaints are filed with and
resolved by the department. The department shall make the
information available to the public and appropriate state agencies.
(b) The department by rule shall establish methods by
which consumers and service recipients are notified of the name,
mailing address, and telephone number of the department for the
purpose of directing complaints to the department. The department
may provide for that notification:
(1) on each registration form, application, or
written contract for services of an individual or entity regulated
by the department;
(2) on a sign prominently displayed in the place of
business of each individual or entity regulated by the department;
or
(3) in a bill for service provided by an individual
or entity regulated by the department.
(c) The department shall keep an information file about
each complaint filed with the department. The information shall
include:
(1) the date the complaint is received;
(2) the name of the complainant;
(3) the subject matter of the complaint;
(4) a record of all persons contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) for complaints for which the agency took no
action, an explanation of the reason the complaint was closed
without action.
(d) The department shall keep a file about each written
complaint filed with the department that the department has
authority to resolve. The department shall provide to the person
filing the complaint and the persons or entities complained about
the department's policies and procedures pertaining to complaint
investigation and resolution. The department, at least quarterly
and until final disposition of the complaint, shall notify the
person filing the complaint and the persons or entities complained
about of the status of the complaint unless the notice would
jeopardize an undercover investigation.

Added by Acts 1989, 71st Leg., ch. 230, § 15, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 419, § 1.07, eff. Sept. 1,
1995.

§ 12.0261. ADMINISTRATIVE PROCEDURE. The
department is subject to Chapter 2001, Government Code.

Added by Acts 1995, 74th Leg., ch. 419, § 1.08, eff. Sept. 1,
1995.

§ 12.027. ECONOMIC DEVELOPMENT PROGRAM. (a)
The department shall maintain an economic development program for
rural areas in this state.
(b) In administering the program, the department shall:
(1) promote economic growth in rural areas;
(2) identify potential opportunities for business
in rural areas and assist rural communities in maximizing those
opportunities;
(3) work with rural communities to identify
economic development needs and direct those communities to persons
who can address and assist in meeting those needs;
(4) encourage communication between organizations,
industries, and regions to improve economic and community
development services to rural areas;
(5) coordinate meetings with public and private
entities to distribute information beneficial to rural areas;
(6) enter into a memorandum of agreement to work
cooperatively with the Texas Department of Economic Development,
the Texas Agricultural Extension Service, and other entities the
department deems appropriate to further program objectives; and
(7) perform any other functions necessary to carry
out the program.
(c) The department may employ personnel to carry out the
program.

Added by Acts 2001, 77th Leg., ch. 15, § 1, eff. Sept. 1, 2001.

§ 12.028. COMPETITIVE BIDDING OR ADVERTISING.
(a) The department may not adopt rules restricting competitive
bidding or advertising by a person regulated by the department
except to prohibit false, misleading, or deceptive practices by the
person.
(b) The department may not include in its rules to
prohibit false, misleading, or deceptive practices by a person
regulated by the department a rule that:
(1) restricts the use of any medium for
advertising;
(2) restricts the person's personal appearance or
use of the person's voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the person; or
(4) restricts the person's advertisement under a
trade name.

Added by Acts 1989, 71st Leg., ch. 230, § 17, eff. Sept. 1, 1989.

§ 12.029. MINORITY AND FEMALE-OWNED BUSINESS
CONTRACTS. (a) The department shall establish by rule
policies to encourage minority and female-owned small businesses to
bid for contract and open market purchases of the department and to
assist those businesses in that bidding. The department shall
review the policies periodically to correct any deficiencies in the
policies.
(b) The department annually shall determine the number,
types, and value of contracts awarded to minority and female-owned
small businesses in the year preceding the determination and the
ratio of the number and the value of those contracts to the number
and the value of all contracts awarded by the department in that
year.
(c) The department shall file the policies established
under this section with the State Purchasing and General Services
Commission and the Texas Department of Commerce. The commission
shall conduct an analysis of the department's policies and the
policies' effectiveness and shall report the analysis to the
governor, lieutenant governor, and speaker of the house of
representatives not later than December 31 of each even-numbered
year.
(d) In this section, "minority and female-owned small
business" means a business enterprise:
(1) that is independently owned and operated, that
was formed for the purpose of making a profit, and that has fewer
than 100 employees and less than $1 million in annual gross
receipts; and
(2) that is controlled by one or more socially and
economically disadvantaged persons who own at least 51 percent of
the business enterprise and are socially disadvantaged because of
their identification as members of certain groups, including women,
black Americans, Mexican Americans and other Americans of Hispanic
origin, Asian Americans, and American Indians.

Added by Acts 1989, 71st Leg., ch. 230, § 18, eff. Sept. 1, 1989.

§ 12.031. PUBLICATIONS AND PUBLICATION FEES. (a)
The department may provide or sell information, including books,
magazines, photographs, prints, and bulletins, to the public
concerning agriculture, horticulture, or related industries.
(b) The department may receive royalties on
department-owned materials that are sold or supplied to others by
the department for publication.
(c) The department may enter into contractual agreements
for publication of information concerning agriculture,
horticulture, or related industries.
(d) Money received under this section shall be deposited
in the State Treasury to the credit of the fund from which expenses
for the publication were paid.

Added by Acts 1993, 73rd Leg., ch. 226, § 1, eff. Aug. 30, 1993.

§ 12.032. COOPERATION WITH STATE OFFICE OF
ADMINISTRATIVE HEARINGS. (a) The commissioner and the
chief administrative law judge of the State Office of
Administrative Hearings by rule shall adopt a memorandum of
understanding under which the State Office of Administrative
Hearings conducts hearings for the department under this code. The
memorandum of understanding shall require the chief administrative
law judge, the department, and the commissioner to cooperate in
connection with the hearings under this code and may authorize the
State Office of Administrative Hearings to perform any
administrative act, including giving of notice, that is required to
be performed by the department or the commissioner under this code.
The memorandum of understanding shall also require that hearings
under this section be held at a location agreed upon by the State
Office of Administrative Hearings and the department.
(b) For a hearing conducted by the State Office of
Administrative Hearings under this code, the department and the
commissioner retain the authority to decide whether the
administrative law judge conducting the hearing for the State
Office of Administrative Hearings shall:
(1) enter the final decision in the case after
completion of the hearing; or
(2) propose a decision to the department or the
commissioner for final consideration.
(c) Any provision of this code that provides that the
department or the commissioner take an action at a hearing means:
(1) that the department or the commissioner shall
take the action after the receipt of a proposal for decision from
the State Office of Administrative Hearings regarding the hearing
conducted by that office; or
(2) if so directed by the department or the
commissioner, the State Office of Administrative Hearings shall
enter the final decision in the case after completion of the
hearing.
(d) The department shall prescribe rules of procedure for
any cases not heard by the State Office of Administrative Hearings.
(e) The department by interagency contract shall
reimburse the State Office of Administrative Hearings for the costs
incurred in conducting administrative hearings for the department.
The department may pay an hourly fee for the costs of conducting
these hearings or a fixed annual fee negotiated biennially by the
department and the State Office of Administrative Hearings to
coincide with the department's legislative appropriations request.
(f) This section does not apply to hearings held under
Chapter 103.

Added by Acts 1995, 74th Leg., ch. 419, § 3.01, eff. Sept. 1,
1995.

§ 12.033. MULTIPLE LICENSES. (a) In this
section:
(1) "Component license" means a license issued by
the department that is consolidated under this section.
(2) "Grocer" means a person whose business consists
primarily of the retail sale of food for human consumption.
(b) A grocer who holds more than one type of license
issued by the department may obtain from the department a single
consolidated license. A consolidated license authorizes each of
the activities of the component licenses.
(c) The department by rule shall implement a program for
the issuance of a consolidated license under this section. The
rules shall include provisions for:
(1) a fee schedule for the consolidated license
that considers:
(A) the cost of operating each component
license program; and
(B) the economic efficiency gained by the
department through the operation of a consolidated license program;
(2) the suspension or revocation of a consolidated
license for a violation of a rule or statute authorizing one of the
component licenses;
(3) the combination of all inspections required for
the component licenses into a single inspection; and
(4) any other provision the department determines
is necessary to implement this section.

Added by Acts 1995, 74th Leg., ch. 419, § 8.01, eff. Sept. 1,
1995.

§ 12.034. REFUND OR WAIVER OF FEES. The
department by rule may provide for:
(1) the full or partial refund of a fee collected by
the department;
(2) the waiver of a licensing, registration, or
certification fee collected by the department, including any
related late fee; and
(3) the waiver of an inspection fee.

Added by Acts 1995, 74th Leg., ch. 419, § 2.05, eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 196, § 1, eff. Sept.
1, 2003.

§ 12.035. NOTICE TO EXAMINEE. Not later than the
30th day after the date on which a licensing or registration
examination is administered under this code, the department shall
notify each examinee of the results of the examination. However, if
an examination is graded or reviewed by a national testing service,
the department shall notify examinees of the results of the
examination not later than the 14th day after the date on which the
department receives the results from the testing service. If the
notice of examination results graded or reviewed by a national
testing service will be delayed for longer than 90 days after the
examination date, the department shall notify the examinee of the
reason for the delay before the 90th day. The department may
require a testing service to notify examinees of the results of an
examination.

Added by Acts 1995, 74th Leg., ch. 419, § 1.09, eff. Sept. 1,
1995.

§ 12.036. LICENSING OUT-OF-STATE APPLICANTS. The
department may waive any prerequisite to obtaining a license or
registration for an applicant after reviewing the applicant's
credentials and determining that the applicant holds a valid
license from another state that has license or registration
requirements substantially equivalent to those of this state.

Added by Acts 1995, 74th Leg., ch. 419, § 1.09, eff. Sept. 1,
1995.

§ 12.037. CONTINUING EDUCATION. The department
may recognize, prepare, or administer continuing education
programs for its license holders.

Added by Acts 1995, 74th Leg., ch. 419, § 1.09, eff. Sept. 1,
1995.

§ 12.038. OFFICE OF RURAL AFFAIRS. (a) The
department shall establish and maintain an Office of Rural Affairs.
The office shall be headed by a rural affairs director. To be
eligible to serve as the rural affairs director, a person must have
demonstrated a strong commitment to and involvement in economic
development activities in rural areas.
(b) The Office of Rural Affairs shall:
(1) develop a rural resource guide and provide the
information to rural areas through print and electronic media and
through use of the Texas Business and Community Economic
Development Clearinghouse;
(2) provide information to state agencies on the
effects of proposed policies or actions that affect rural areas;
(3) cosponsor meetings, to the extent practical, in
cooperation with public and private educational institutions to
disseminate information beneficial to rural areas;
(4) identify potential opportunities for
businesses in rural areas and assist these businesses to maximize
those opportunities;
(5) conduct an analysis of the available federal,
state, and local government and rural economic development business
outreach and data services in rural areas of this state by examining
the availability of:
(A) computerized economic development
databases that provide data for existing and prospective businesses
and communities in rural areas of this state; and
(B) business information outreach service
offices or centers that provide comprehensive technical
assistance, research, consulting services, training, and other
services to businesses in rural areas; and
(6) perform any other functions necessary to carry
out the purposes of this section.
(c) In administering this section, the department may:
(1) employ and set the compensation of personnel to
carry out the Office of Rural Affairs' functions under this
section; and
(2) consult with:
(A) experts and authorities in the fields of
rural development, economic development, and community
development;
(B) individuals with regulatory, legal,
economic, or financial expertise, including members of the academic
community; and
(C) individuals who represent the public
interest.
(d) Each state agency must, on request, furnish the
Office of Rural Affairs with reports and other information
necessary to enable the Office of Rural Affairs to carry out the
purposes of this section.
(e) The Office of Rural Affairs may accept gifts, grants,
and donations from sources other than the state for the purpose of
performing specific projects, studies, or procedures or to provide
assistance to rural areas.
(f) Not later than October 15 of each even-numbered year,
the department shall submit to the governor and the legislature a
report containing specific information regarding each of the
functions performed by the Office of Rural Affairs, including
recommendations regarding issues that affect the rural areas of the
state.

Renumbered from V.T.C.A., Government Code § 481.0067 by Acts
2001, 77th Leg., ch. 1437, § 1, eff. Sept. 1, 2001.