| 1 | 1 | | 81R7829 BEF-F |
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| 2 | 2 | | By: Hegar S.B. No. 1004 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the continuation and functions of the board of |
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| 8 | 8 | | directors of the official cotton growers' boll weevil eradication |
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| 9 | 9 | | foundation. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 74.113, Agriculture Code, is amended by |
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| 12 | 12 | | amending Subsection (f) and adding Subsection (l) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (f) An assessment levied on cotton growers in an eradication |
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| 15 | 15 | | zone may be applied only to: |
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| 16 | 16 | | (1) eradication [in that zone]; |
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| 17 | 17 | | (2) the foundation's operating costs, including |
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| 18 | 18 | | payments on debt incurred for a foundation activity[, except that |
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| 19 | 19 | | the funds of one zone may not be used to pay another zone's bank |
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| 20 | 20 | | loans or debts]; and |
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| 21 | 21 | | (3) the conducting of other programs consistent with |
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| 22 | 22 | | the declaration of policy stated in Section 74.101. |
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| 23 | 23 | | (l) With the approval of the board and the commissioner, the |
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| 24 | 24 | | foundation may transfer the proceeds from the collection of |
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| 25 | 25 | | assessments in one eradication zone to another eradication zone. |
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| 26 | 26 | | The transferred proceeds may be applied only as provided by |
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| 27 | 27 | | Subsection (f). |
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| 28 | 28 | | SECTION 2. Subchapter D, Chapter 74, Agriculture Code, is |
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| 29 | 29 | | amended by adding Section 74.1135 to read as follows: |
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| 30 | 30 | | Sec. 74.1135. ALTERNATIVE METHOD OF ASSESSMENTS. (a) The |
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| 31 | 31 | | commissioner may adopt rules that provide for an alternative |
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| 32 | 32 | | method, manner, and mechanism by which assessments are imposed and |
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| 33 | 33 | | collected under this subchapter. The commissioner may adopt the |
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| 34 | 34 | | rules only after receiving a recommendation from the board. The |
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| 35 | 35 | | board shall consult with cotton grower steering committees and the |
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| 36 | 36 | | technical advisory committee in formulating a recommendation to the |
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| 37 | 37 | | commissioner under this subsection. The commissioner may accept, |
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| 38 | 38 | | reject, or modify a board recommendation. The rules apply |
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| 39 | 39 | | notwithstanding Section 74.113. The rules must require any person |
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| 40 | 40 | | collecting an assessment to forward the assessment to the |
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| 41 | 41 | | foundation. |
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| 42 | 42 | | (b) The maximum amount of an assessment under this section |
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| 43 | 43 | | may not exceed the maximum amount of an assessment approved in an |
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| 44 | 44 | | assessment referendum under this subchapter. |
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| 45 | 45 | | SECTION 3. Section 74.127(a), Agriculture Code, is amended |
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| 46 | 46 | | to read as follows: |
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| 47 | 47 | | (a) The board of directors of the official cotton growers' |
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| 48 | 48 | | boll weevil eradication foundation is subject to Chapter 325, |
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| 49 | 49 | | Government Code (Texas Sunset Act). Unless continued in existence |
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| 50 | 50 | | as provided by that chapter, the board is abolished and this |
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| 51 | 51 | | subchapter expires September 1, 2021 [2009]. |
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| 52 | 52 | | SECTION 4. This Act takes effect immediately if it receives |
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| 53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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| 54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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| 56 | 56 | | Act takes effect September 1, 2009. |
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