By: Springer H.B. No. 4222       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of the labeling, sale, offering,   exposing or transporting for sale of agricultural, vegetable,   flower, and tree and shrub seeds for certification; to prevent   misrepresentation thereof; making changes to the State Seed and   Plant Board; to repeal all laws in conflict with this Act; changing   the amount of a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 61.002, Agriculture Code, is amended to   read as follows:          Sec. 61.002.  ADMINISTRATION; RULES.  (a)  The Texas A&M   AgriLife Extension Service [department] shall administer and   enforce this chapter and may employ qualified persons and incur   expenses as necessary in performing those duties.  [The number of   persons employed shall be set in the General Appropriations Act.]          (b)  The Texas A&M AgriLife Extension Service [department]   may adopt rules as necessary for the efficient enforcement of this   chapter.  [Before adopting rules under this chapter, the department   shall conduct a public hearing on the proposed rule or amendment.]          (c)  The Texas A&M AgriLife Extension Service may contract   with a private entity to [The department may] establish and   maintain or provide for seed testing facilities as necessary to   administer this chapter.          (e)  A reference in this chapter to the department means the   Texas A&M AgriLife Extension Service [The department may cooperate   with the United States Department of Agriculture in the enforcement   of seed law.]          SECTION 2.  Section 61.010, Agriculture Code, is amended to   read as follows:          Sec. 61.010.  INSPECTION OF SEED.  (a)  The Texas A&M   AgriLife Extension Service annually [At the time, place, and to the   extent the department considers necessary, the department] shall   sample, inspect, analyze, and test agricultural and vegetable seed   transported, sold, or offered or exposed for sale in this state for   sowing purposes in order to determine if the seed is in compliance   with this chapter.  The service [department] shall promptly notify   of any violation the person who transported, sold, or offered or   exposed the seed for sale.          (b)  The Texas A&M AgriLife Extension Service [department]   shall adopt rules governing the methods of sampling, inspection,   analysis, and testing and the tolerances to be allowed in the   administration of this chapter.  The service may adopt any other   rules governing agricultural and vegetable seed [rules adopted   shall be in general accord with officially prescribed practice in   interstate commerce].          [(c)     In order to gain access to seed or to records from   authorized personnel, the department is entitled to enter any   public or private premises during regular business hours or any   land, water, or air conveyance at any time when the conveyance is   accessible.]          SECTION 3.  Section 61.011(a), Agriculture Code, is amended   to read as follows:          (a)  A person who sells, or offers, exposes, or otherwise   distributes for sale agricultural seed within this state for   planting purposes shall pay an inspection fee not to exceed $1,000   [in the manner provided by Subsection (b) or (c) of this section.   A   person may not use both procedures for fee payment. The person shall   pay the fee during each germination period that the seed remains   offered or exposed for sale.   If the germination test has expired on   any seed, the custodian of the seed is responsible for payment of   the fee].          SECTION 4.  Section 62.001(1), Agriculture Code, is amended   to read as follows:                (1)  "Board" means the Texas A&M AgriLife Extension   Service [State Seed and Plant Board].          SECTION 5.  Section 62.004(a), Agriculture Code, is amended   to read as follows:          (a)  The board by rule shall adopt standards prescribed by a   national seed and plant certification organization to govern [may   establish, not inconsistent with federal law,] the eligibility of   various kinds and varieties of seed and plants for genetic purity   and identity certification and the procedures for that   certification.          SECTION 6.  Section 62.011, Agriculture Code, is amended to   read as follows:          Sec. 62.011.  PENALTIES. (a)  A person commits an offense if   the person:                (1)  sells or offers for sale in this state seed or   plants with labeling or packaging accompanying the seed or plants   using the terms "from officially inspected fields," "state approved   [inspected]," "approved seed," "approved plants," "approved sods,"   "approved trees," "inspected fields," "foundation seed,"   "certified plants," or terms having the same meaning, unless the   seed or plants have been certified as Foundation, Registered, or   Certified seed or plants;                (2)  represents himself or herself to be a registered   plant breeder or licensed producer of Foundation, Registered, or   Certified seed or plants unless he or she has been registered or   licensed under this chapter;                (3)  sells or offers for sale in this state Foundation,   Registered, or Certified seed or plants that are not in compliance   with this chapter or with the rules adopted under this chapter;                (4)  sells or offers for sale seed or plants   represented to be certified in explicit oral or written statements   or by misleading oral or written statements if the seed or plants   have not been certified or have not been certified as being of the   class of which they are represented;                (5)  violates Section 62.007(c) of this code; or                (6)  violates Section 62.009(c), (d), or (e) of this   code.          (b)  An offense under Subsection (a)(1), (a)(2), (a)(5), or   (a)(6) of this section is a Class C misdemeanor.          (c)  An offense under Subsection (a)(3) or (a)(4) of this   section is a Class C [B] misdemeanor.          SECTION 7.  Section 62.002, Agriculture Code, is repealed.          SECTION 8.  This Act takes effect September 1, 2017.