HB2397 —

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the Texas statutes: Section 91.009, Agriculture Code.

• Section 91.009, Agriculture Code

  is the lead agency for the administration, implementation, and enforcement of, and education and training relating to, for the → shall administer, implement, and enforce in this state This section does not authorize the department to implement or enforce any other federal regulation. as necessary to carry out the department's (e) With respect to a farm that is not subject to the federal rules or standards described by Subsection (a) because the farm does not generate more than the threshold amount of revenue from the sale of produce to be a covered farm, the department: (1) may not use the authority granted by this section as justification to physically enter the farm; (2) is limited to inquiring about whether the farm generates more than the threshold amount of revenue from the sale of produce to be a covered farm; and (3) may not conduct further investigative activity after receiving documentation indicating the farm generates less than the threshold amount of revenue from the sale of produce to be a covered farm. (f) The department's rules may not impose additional or more burdensome requirements than those provided by the federal rules or standards described by Subsection (a). Specifically, the department may not: (1) require registration of a farm that is not covered by, is exempt from, or is eligible for a qualified exemption from the rules or standards; (2) without probable cause that the farm is violating an applicable law, conduct a physical inspection of a farm that is not covered by, is exempt from, or is eligible for a qualified exemption from the rules or standards; or (3) create a new or different standard, including a standard for imposing penalties, that is not contained in the federal rules or standards.

  amended