Title AG, Agriculture Code

Sec. 12.0261. ADMINISTRATIVE PROCEDURE. The department is subject to Chapter 2001, Government Code. Added by Acts 1995, 74th Leg., ch. 419, Sec. 1.08, eff. Sept. 1, 1995.

Sec. 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…

Sec. 12.0271. RURAL ECONOMIC DEVELOPMENT AND INVESTMENT PROGRAM. (a) From funds appropriated for that purpose, the commissioner shall establish and administer a financial assistance program to encourage private economic development in rural areas. Financial assistance under the p…

Sec. 12.0272. TEXAS ECONOMIC DEVELOPMENT FUND. (a) The Texas economic development fund is a fund in the state treasury. The fund consists of: (1) all interest, income, revenue, and other assets associated with economic development programs established using money allocated and pa…

Sec. 12.0273. LIMITATIONS ON LOANS AND GRANTS FROM TEXAS ECONOMIC DEVELOPMENT FUND. (a) The department may use money in the Texas economic development fund only to make loans and grants in the manner provided by this section for the purposes provided by Section 12.0272(b). (b) Th…

Sec. 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 in…

Sec. 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. T…

Sec. 12.031. ADVERTISING, PUBLICATIONS, AND 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. (a-1) In order to market and promote ag…

Sec. 12.032. HEARINGS CONDUCTED BY STATE OFFICE OF ADMINISTRATIVE HEARINGS. (a) Repealed by Acts 2025, 89th Leg., R.S., Ch. 432 (H.B. 3146), Sec. 7(1), eff. September 1, 2025. (b) For a hearing conducted by the State Office of Administrative Hearings under this code, the departme…

Sec. 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 gro…

Sec. 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 (…

Sec. 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 revie…

Sec. 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 licen…

Sec. 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, Sec. 1.09, eff. Sept. 1, 1995.

Sec. 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 …

Sec. 12.039. CERTAIN WINE PRODUCED OR BOTTLED IN THIS STATE. (a) The Texas Wine Marketing Research Institute or other qualified entity shall, as funding is available, conduct an annual study relating to the quantities and varieties of grapes and other fruit grown in this state th…

Sec. 12.040. TEXAS CERTIFIED RETIREMENT COMMUNITY PROGRAM. (a) In this section, "program" means the Texas Certified Retirement Community Program. (b) The department shall establish and maintain a Texas Certified Retirement Community Program in which retirees and potential retiree…

Sec. 12.041. SCHOOL BREAKFAST AND LUNCH PROGRAM. (a) The department, the Texas Education Agency, and the Health and Human Services Commission shall ensure that applicable information maintained by each entity is used on at least a quarterly basis to identify children who are cate…

Sec. 12.042. HOME-DELIVERED MEAL GRANT PROGRAM. (a) The department shall establish a home-delivered meal grant program to benefit homebound elderly persons and persons with disabilities in this state. The program must be designed to help defray the costs of providing home-deliver…

Sec. 12.046. TEXAS RURAL INVESTMENT FUND. (a) In this section: (1) "Fund" means the Texas Rural Investment Fund. (2) "Rural community" means a municipality with a population of less than 50,000 or a county with a population of less than 200,000. (b) The fund is a dedicated accoun…

Sec. 12.047. USE OF TECHNOLOGY. The commissioner shall implement a policy requiring the department to use appropriate technological solutions to improve the department's ability to perform its functions. The policy must ensure that the public is able to interact with the departme…

Sec. 12.048. OBTAINING CRIMINAL HISTORY RECORD INFORMATION. (a) The department is authorized to obtain from the Department of Public Safety criminal history record information maintained by the Department of Public Safety that relates to a person who: (1) applies for a license is…

Sec. 12.051. FARMER MENTAL HEALTH AND SUICIDE PREVENTION PROGRAM. (a) The department shall establish a farmer mental health and suicide prevention program to raise awareness among farmers of issues relating to mental health and suicide prevention. (b) As part of the program, the …

Sec. 12A.001. APPLICABILITY OF PROVISIONS. The general licensing, regulatory, and enforcement provisions of Chapter 12 and this chapter apply to licensing and regulatory programs administered by the department under any law. Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016…

Sec. 12A.002. CEASE AND DESIST ORDER. (a) If it appears to the commissioner that a person who is not licensed by the department is violating a statute or rule that requires the person to hold a license issued by the department or a statute or rule relating to an activity regulate…

Sec. 12A.003. RISK-BASED INSPECTIONS. For each person licensed or regulated by the department that the department may inspect: (1) the department may conduct additional inspections based on a schedule of risk-based inspections using the following criteria: (A) the type and nature…

Sec. 12A.004. INSPECTION AND ENFORCEMENT STRATEGIC PLAN. (a) The department shall develop and publish an annual plan for each state fiscal year to use the inspection and enforcement resources of the department strategically to ensure public safety and protect agriculture and cons…

Sec. 12A.005. CRIMINAL HISTORY EVALUATION. The department shall perform the duties of a licensing authority under Chapter 53, Occupations Code, for each license issued by the department under this code or other law, including issuing guidelines under Section 53.025, Occupations C…

Sec. 12A.051. INFORMATION REGARDING COMPLAINTS AND ENFORCEMENT PROCESS. (a) The department shall: (1) inform applicants, license holders, and the public on the department's Internet website, in department brochures, and on any other available information resource about the depart…

Sec. 12A.052. COMPLAINT AND VIOLATION ANALYSIS. The department shall analyze complaints filed with and violations discovered by the department to identify any trends or issues related to certain violations, including: (1) the reason for each complaint or violation; (2) how each c…

Sec. 12A.101. REPLACEMENT LICENSE; FEE. The department shall issue to a license holder whose license has been lost or destroyed or whose name has been changed a replacement license if the license holder submits to the department: (1) an appropriate application; and (2) a fee in a…

Sec. 12A.151. EXAMINATION PROCEDURES. For each licensing examination administered by the department, the department shall: (1) adopt policies and guidelines detailing the procedures for the testing process, including test admission and internal test administration procedures; and…

Sec. 12A.152. EVALUATION OF EXAMINATION QUESTIONS. For each licensing examination administered by the department, the department shall periodically evaluate the effectiveness of examination questions in objectively assessing an applicant's knowledge. Added by Acts 2009, 81st Leg.…

Sec. 12A.201. INFORMAL PROCEEDINGS. (a) The department by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) an informal proceeding held in compliance with Section 2001.054, Government Code. (b) The…

Sec. 13.001. DEFINITIONS. (a) In this chapter: (1) "Commercial weighing or measuring device" means a weighing or measuring device used in a commercial transaction. (1-a) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1219 (S.B. 2119), Sec. 10, eff. June 14, 2019. (2) "Operator" or "…

Sec. 13.002. ENFORCEMENT OF CHAPTER. (a) The department shall enforce the provisions of this chapter and shall supervise all weighing or measuring devices sold or offered for sale in this state. The department may purchase apparatus as necessary for the administration of this cha…

Sec. 13.007. CIVIL PENALTY; INJUNCTION. (a) A person who violates Subchapter B or C or a rule adopted under Subchapter B or C 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 fo…

Sec. 13.021. LEGAL STANDARDS. (a) The legal standard for the weight or measure of a commodity in this state is the standard weight or measure adopted and used by the government of the United States for that commodity. If the United States does not provide a standard weight or mea…

Sec. 13.022. STANDARD FOR LENGTH AND SURFACE. (a) The standard unit of length and surface is the yard. The yard is divided into three equal parts called feet. Each foot is divided into 12 parts called inches. All measures of extension, including lineal, superficial, and solid mea…

Sec. 13.023. STANDARD FOR WEIGHT. (a) The standard for weight is the standard of avoirdupois and troy weights. Other weights shall be derived and ascertained from that standard. (b) The avoirdupois pound bears to the troy pound the ratio of 7,000 grains to 5,760 grains. The avoir…

Sec. 13.024. STANDARD FOR LIQUID CAPACITY. (a) The standard unit of measure of capacity for liquids is the gallon. (b) Except as provided by Subsection (c), all other measures of capacity for liquids are derived from the gallon by continual division by two, making half gallons, q…

Sec. 13.025. STANDARD FOR SOLID CAPACITY. (a) The standard unit of measure of capacity for a solid is the half bushel. (b) The peck, half-peck, quarter-peck, quart, and pint measures for solid commodities are derived from the half bushel by successively dividing that measure by t…

Sec. 13.026. CORD. (a) A cord is equal to 128 cubic feet or the contents of a space 8 feet long, 4 feet wide, and 4 feet high. (b) A cord of wood intended for use as fuel is the amount of wood contained in a space of 128 cubic feet when the wood is ranked and well-stowed and one-…

Sec. 13.027. STANDARD NET WEIGHT OR COUNT SET BY RULE. (a) The department by rule may establish a standard net weight or net count for any commodity and prescribe tolerances for those standards as the department considers necessary for the proper protection of the public. (b) A p…

Sec. 13.028. STANDARD WEIGHT PER BUSHEL FOR CERTAIN COMMODITIES. If the following commodities are sold by the bushel and no agreement is made by the parties as to the measurement or weight, the bushel shall consist of the listed number of pounds: Acts 1981, 67th Leg., p. 1025, ch…

Sec. 13.029. EXEMPTION OF WEIGHING OR MEASURING DEVICES. (a) The department by rule may exempt a weighing or measuring device from a requirement established by this chapter if the department determines that imposing or enforcing the requirement: (1) is not cost-effective for the …