TITLE 4. AGRICULTURE
PART 1. TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 14. HANDLING AND MARKETING OF PERISHABLE COMMODITIES
The Texas Department of Agriculture (Department) adopts amendments to Texas Administrative Code, Title 4, Chapter 14 (Perishable Commodities Handling and Marketing Program), Subchapter A (General Provisions), §14.1 (Definitions), §14.2 (Citrus Proof of Ownership), §14.3 (Fees), and §14.4 (Cancellation of License); Subchapter B (Produce Recovery Fund Claims), §14.10 (Claims Against the Fund), §14.11 (Determination on Claims by the Department), §14.12 (Filing of Notice of Protest; Appeal to the Board), §14.13 (Payment of Claims from the Fund), and §14.14 (Reimbursement to the Fund); and Subchapter C (Produce Recovery Fund Board), §14.20 (Purpose and Scope), §14.21 (Duties of the Board and the Department), §14.22 (Meetings), §14.23 (Conduct of Hearings of the Produce Recovery Fund Board), §14.24 (The Board's Final Determination), §14.25 (Motion for Rehearing), and §14.26 (Appeals). The Department identified the need for the amendments during its rule review conducted pursuant to Texas Government Code §2001.039. The amendments to §§14.1 - 14.4, 14.11 - 14.14, and 14.20 - 14.26 are adopted without changes to the proposed text as published in the June 20, 2025 issue of the Texas Register (50 TexReg 3609) and will not be republished. The amendment to §14.10 is adopted with a change to fix a minor typographical error to the proposed text as published in the June 20, 2025 issue of the Texas Register (50 TexReg 3609) and will be republished.
The adopted amendment to the title of this rule chapter replaces the current title of this chapter with "Handling and Marketing of Perishable Commodities" with the name of the Department's related program and the title of Chapter 101 of the Texas Agriculture Code (Code) for consistency.
The adopted amendments to §14.1 include a definition for the "Administrative Procedure Act" to account for its frequency in this chapter, remove a definition for "agent" due to its infrequency in this chapter, update a reference in the definition for the "Open Meetings Act," add language to the definition for "claim" to specify against whom claims can be filed, and add a citation to the Code to the definition of "perishable commodity" to denote the statutory source of its definition.
The adopted amendment to §14.2 replaces the term "licensee" with "license holder" to conform with the language in use in Code, Chapter 103.
The adopted amendments to §14.3 add language specifying those agents who require identification cards.
The adopted amendments to §14.4 specify a reference to the Department's general rules of procedure outlines in Chapter 1, Subchapter A of this title and change a reference to Chapter 2001 of the Texas Government Code to account for its proposed definition in §14.1.
The adopted amendments to §14.10 remove subsection (e) to become new subsection (d) §14.10 as its provisions fit more appropriately with those of §14.14, remove an outdated provision addressing claims prior to September 1, 2009, remove unnecessary language precluding the filing of out-of-state claims, and add a reference to §14.3 to specify claim-filing fees.
The adopted amendments to §14.11 change references to this chapter from "title" to "chapter," as the latter term is generally used throughout Title 4, update a reference to Chapter 1, Sub-chapter A of this title, change "recommendation" to "proposal for decision" as the former is used throughout this chapter and Chapter 1, Subchapter A of this title, make "Deputy Commissioner" lower-case as "Commissioner" is made lower-case throughout this chapter, and replace general references to "agency" with "department."
The adopted amendments to §14.12 change the term "person" to "party" as the former is used within the context of a hearing and in Chapter 103 of the Code, make "proposal for decision" lower-case to be the same as its occurrences in the Department's rules of procedure in Chapter 1, Subchapter A of this title and Chapter 2001 of the Texas Government Code (the Administrative Procedure Act), and replace general references to "agency" with "department."
The adopted amendments to §14.13 remove an outdated sub-section outlining payments for claims prior to September 1, 2009; remove an obsolete subsection limiting total payments on claims against a single entity to $85,000 as its statutory analogue, former Subsection 103.008(c) of the Code, was removed in 2009; and remove a reference to its restrictions on claim payments and replace it with the applicable statutory authority in Chapter 103 of the Code.
The adopted amendments to §14.14 add subsection (e) of §14.10 as new subsection (d) as its provisions relate more appropriately with those of §14.14 and replace the term "working days" with "business days" as the former is the more prevalent term.
The adopted amendments to §14.20 update a reference to Chapter 1, Subchapter A of this title.
The adopted amendments to §14.22 remove unnecessary language addressing requirements of the Open Meetings Act and remove an incorrect provision on notice of Board meetings being published in the Texas Register.
The adopted amendments to §14.23 update Department contact information for prehearing motions and exhibit requests, specify that requests to the Department for hearing related information must be written, and replace the term "working days" with "business days" as the former is the more prevalent term.
The adopted amendments to §14.25 require motions for re-hearing to be sent to opposing parties and Board rulings on these motions to be made in accordance with Section 2001.146 of the Texas Government Code and update Department contact information.
The adopted amendments to §14.26 make a grammatical change to the reference to "board" to be consistent with usage in Code, Chapter 103 and clarify the legal authority cited.
In addition, "Board," "Fund," and "Chairman" are made lower case throughout these rules to align with their occurrences in Chapter 103 of the Code. Likewise, "licensee" and "complaining party" are changed to "license holder" and "aggrieved party" throughout these rules because the latter terms are use in Chapter 103. Also, adopted amendments also reflect editorial changes throughout these rules to correct grammar, remove superfluous or outdated language, and improve the rules' readability.
The Department did not receive any public comments concerning the proposed amendments.
SUBCHAPTER
A.
The amendments are adopted under the Department's authority in Section 12.016 of the Texas Agriculture Code (Code), which authorizes the Department to adopt rules to administer its powers and duties under the Code; such powers and duties include Code, Section 101.006, the requirement that the Department set fees for licensure to handle perishable commodities by rule; Code, Section 101.010, which requires the Department to set fees for identification cards for agents of license holders who either transport or buy perishable commodities; Code, Section 103.005, which also requires the Department to set fees for filing claims against the Produce Recovery Fund (Fund); Code, Section 103.009, which further requires the Department to issue orders canceling licenses and to deny issuing new licenses or renewing licenses for license holders or those required to be licensed to handle perishable commodities who, following payments from the Fund against them, neither pays nor agrees to pay either the Fund or the aggrieved party; Code, Section 103.011, which requires the Department to set an annual fee for those licensed under Code, Chapter 101; and Code, Section 103.012, which requires the Department, with the advice of the Board, to adopt rules related to payment of claims from the Fund.
Chapters 101 and 103 of the Texas Agriculture Code are affected by the adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 25, 2025.
TRD-202504331
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: December 15, 2025
Proposal publication date: June 20, 2025
For further information, please call: (512) 463-3559
SUBCHAPTER
B.
The amendments are proposed under the Department's authority in Code, Section 12.016, which authorizes the Department to adopt rules to administer its powers and duties under the Code. The amendments are proposed under Code, Section 103.009, which requires the Department to set schedules for reimbursements to the Fund and payments to aggrieved parties following Department payments from the Fund and Code, Section 103.012, which requires the Department, with the advice of the Board, to adopt rules related to payment of claims from the Fund.
Chapters 101 and 103 of the Texas Agriculture Code are affected by the adoption.
§14.10.
(a) What claims can be filed. Only claims against a license holder or a person required to be licensed for loss or damages due to a violation of the terms or conditions of a contract for the sale of perishable commodities grown in Texas may be filed.
(b) Claims filed under the Perishable Agriculture Commodities Act that are accepted as formal complaints and adjudicated by the United States Department of Agriculture, or claims for which an aggrieved party has filed suit in a court of competent jurisdiction shall not be accepted.
(c) How to file. A claim shall be filed with the department on a prescribed complaint form and shall be accompanied by the fee required by §14.3 of this chapter (relating to Fees). The date of postmark, if mailed, or the date the complaint and fee are received by the department, if hand-delivered, shall be the date the claim is deemed filed.
(d) Statute of Limitations. A claim shall be barred if it is filed later than two years from the date the payment was due.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 25, 2025.
TRD-202504333
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: December 15, 2025
Proposal publication date: June 20, 2025
For further information, please call: (512) 463-3559
SUBCHAPTER
C.
The amendments are proposed under the Department's authority in Code, Section 12.016, which authorizes the Department to adopt rule to administer its powers and duties under the Code. The amendments are proposed under Section 103.012 of the Texas Agriculture Code, which requires the Department, with the advice of the Board, to adopt rules related to payment of claims from the Fund.
Chapters 101 and 103 of the Texas Agriculture Code are affected by the adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 25, 2025.
TRD-202504334
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: December 15, 2025
Proposal publication date: June 20, 2025
For further information, please call: (512) 463-3559