81R721 CAS-D - Texas Legislature

81R721 CAS-D By: West S.B. No. 1969 A BILL TO BE ENTITLED
AN ACT
relating to nonsubstantive additions to and corrections in enacted codes,
to the nonsubstantive codification or disposition of various laws omitted
from enacted codes, to conforming codifications enacted by the 80th
Legislature to other Acts of that legislature, and to the repeal of certain
unconstitutional laws.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GENERAL PROVISIONS
SECTION 1.001. This Act is enacted as part of the state's continuing
statutory revision program under Chapter 323, Government Code. This Act is
a revision for purposes of Section 43, Article III, Texas Constitution, and
has the purposes of:
(1) codifying without substantive change or providing for other
appropriate disposition of various statutes that were omitted from enacted
codes;
(2) conforming codifications enacted by the 80th Legislature to
other Acts of that legislature that amended the laws codified or added new
law to subject matter codified;
(3) making necessary corrections to enacted codifications;
(4) repealing various civil statutes appellate courts have held
to be unconstitutional; and
(5) renumbering titles, chapters, and sections of codes that
duplicate title, chapter, or section numbers.
SECTION 1.002. (a) The repeal of a statute by this Act does not
affect an amendment, revision, or reenactment of the statute by the 81st
Legislature, Regular Session, 2009. The amendment, revision, or
reenactment is preserved and given effect as part of the code provision
that revised the statute so amended, revised, or reenacted.
(b) If any provision of this Act conflicts with a statute enacted by
the 81st Legislature, Regular Session, 2009, the statute controls.
SECTION 1.003. (a) A transition or saving provision of a law
codified by this Act applies to the codified law to the same extent as it
applied to the original law.
(b) The repeal of a transition or saving provision by this Act does
not affect the application of the provision to the codified law.
(c) In this section, "transition provision" includes any temporary
provision providing for a special situation in the transition period
between the existing law and the establishment or implementation of the new
law.
ARTICLE 2. CHANGES RELATING TO AGRICULTURE CODE
SECTION 2.001. Section 2.003(a), Agriculture Code, is amended to
correct an error in punctuation to read as follows:
(a) The agricultural policy of this state must consider and address:
(1) water availability issues, including planning for water
supplies and drought preparedness and response, by ensuring that a high
priority is assigned to the agricultural use of water;
(2) transportation issues, by ensuring an efficient and well-
maintained farm-to-market road system and intermodal transportation to
provide adequate transportation for agricultural products at competitive
rates;
(3) state regulatory issues, by ensuring the efficiency and
profitability of agricultural enterprises while at the same time protecting
the health, safety, and welfare of agricultural workers and citizens of
this state; [.]
(4) state tax policy, by encouraging tax policy that promotes
the agriculture industry, including production and processing;
(5) the availability of capital, including state loans or
grants authorized by Section 52-a, Article III, Texas Constitution, by
facilitating access to capital through loans and grants authorized by the
Texas Constitution for agricultural producers who have established or
intend to establish agricultural operations in Texas;
(6) the promotion of Texas agricultural products, by promoting
the orderly and efficient marketing of agricultural commodities and
enhancing and expanding sales of Texas raw and processed agricultural
products in local, domestic, and foreign markets;
(7) eradication, control, or exclusion of:
(A) injurious pests and diseases that affect crops and
livestock; and
(B) noxious plant and brush species;
(8) research and education efforts, including financial risk
management, consumer education, and education in the public schools, by
encouraging promotional and educational programs involving all segments of
agriculture and maintaining a solid foundation of stable and long-term
support for food and agricultural research while improving accountability
and gathering public input concerning research;
(9) promotion of efficient utilization of soil and water
resources, by encouraging efforts to sustain the long-term productivity of
landowners by conserving and protecting the basic resources of agriculture,
including soil, water, and air, while working within federal mandates
relating to natural resources;
(10) rural economic and infrastructure development, by
enhancing, protecting, and encouraging the production of food and other
agricultural products;
(11) protection of property rights and the right to farm, by
promoting and protecting agricultural activities that are established
before nonagricultural activities located near the agricultural activities
and are reasonable and consistent with good agricultural practices;
(12) preservation of farmland, ranchland, timberland, and other
land devoted to agricultural purposes, by encouraging the development and
improvement of the land for the production of food and other agricultural
products consistent with the philosophy of a private property rights state;
(13) food safety, by continuing to support production of the
safest food in the world with regulations based on sound scientific
evidence;
(14) efforts to participate in the formulation of federal
programs and policies, by actively addressing the development of federal
policy that affects this state;
(15) promotion of rural fire service, by seeking opportunities
to improve the sustainability and effectiveness of rural fire service for
the protection of the general public and natural resources; and
(16) promotion of value-added agricultural enterprises, by
promoting efforts to increase the value of Texas agricultural products
through processing, management practices, or other procedures that add
consumer benefits to agricultural goods.
SECTION 2.002. Section 58.039, Agriculture Code, as added by Section
1, Article 2, Chapter 32 (H.B. 49), Acts of the 70th Legislature, 2nd
Called Session, 1987, and Section 58.039, Agriculture Code, as added by
Section 1, Chapter 1247 (H.B. 1111), Acts of the 71st Legislature, Regular
Session, 1989, are reenacted and amended to consolidate the two versions of
Section 58.039 and to correct a typographical error to read as follows:
Sec. 58.039. REVIEW BOARD. (a) The bond review board is composed
of:
(1) the governor;
(2) the lieutenant governor;
(3) the speaker of the house of representatives; and
(4) the comptroller of public accounts.
(b) The governor is chairman of the review board.
(c) Bonds may not be issued under this chapter, and proceeds of bonds
under this chapter may not be used to finance a program unless the issuance
or [of] program, as applicable, has been reviewed and approved by the
review board.
(d) The review board may adopt rules governing application for
review, the review process, and reporting requirements.
(e) A member of the review board may not be held liable for damages
resulting from the performance of the members' functions under this
chapter.
SECTION 2.003. Section 143.021(a), Agriculture Code, is amended to
correct a typographical error to read as follows:
(a) In accordance with this section, the freeholders of a county or
an area within a county may petition the commissioners [commissions] court
to conduct an election for the purpose of determining if horses, mules,
jacks, jennets, donkeys, hogs, sheep, or goats are to be permitted to run
at large in the county or area.
ARTICLE 3. CHANGES RELATING TO ALCOHOLIC BEVERAGE CODE
SECTION 3.001. Section 16.06, Alcoholic Beverage Code, is amended to
add a heading to read as follows:
Sec. 16.06. PARTICIPATION IN CERTAIN OFF-PREMISES WINE EVALUATION
ACTIVITIES. (a) For the purpose of participating in an organized wine
tasting, wine evaluation, wine competition, or literary review, the holder
of a winery permit may deliver wine produced and manufactured by the holder
to locations that are not licensed under this code for the purpose of
submitting the wine to an evaluation at an organized wine tasting
competition attended primarily by unlicensed persons or by a wine reviewer
whose reviews are published if:
(1) no charge of any kind is made for the wine, delivery, or
attendance at the event; and
(2) the commission consents in writing to the delivery.
(b) In connection with events authorized by Subsection (a) of this
section, the holder of the winery permit may dispense wine to individuals
attending the event and discuss with them the manufacture and
characteristics of the wine.
ARTICLE 4. CHANGES RELATING TO BUSINESS & COMMERCE CODE
SECTION 4.001. (a) Title 4, Business & Commerce Code, is amended to
reco