Texas 2009 - 81st Regular

Texas Senate Bill SB1871 Compare Versions

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1	1	By: Hegar S.B. No. 1871
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the management of volunteer and other noncommercial
7	7	cotton in pest management zones.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 74.001, Agriculture Code, is amended to
10	10	read as follows:
11	11	Sec. 74.001. PUBLIC NUISANCE. (a) The legislature finds
12	12	that cotton pests are a menace to the cotton industry, and that
13	13	control of those pests is a public necessity. Any portion of the
14	14	state that is susceptible to infestation by cotton pests must be
15	15	protected from this public nuisance and threat to the continued
16	16	stability of the cotton industry.
17	17	(b) The legislature finds that volunteer and other
18	18	noncommercial cotton is a public nuisance that threatens the cotton
19	19	growers' boll weevil eradication program by serving as a host for
20	20	cotton pests such as boll weevils and pink bollworms. To protect
21	21	the cotton industry of this state, volunteer and other
22	22	noncommercial cotton must be eliminated subject to the provisions
23	23	of this chapter.
24	24	SECTION 2. Subchapter A, Chapter 74, Agriculture Code, is
25	25	amended by adding Sections 74.0031 and 74.0032 to read as follows:
26	26	Sec. 74.0031. COTTON STALK DESTRUCTION. (a) The
27	27	department shall submit the recommendations of each administrative
28	28	committee that governs a pest management zone under Section 74.003
29	29	to the Texas Boll Weevil Eradication Foundation. On review of the
30	30	administrative committee recommendations, the foundation shall
31	31	submit to the department an estimate of the amount by which the
32	32	implementation of each recommendation would increase the cost of
33	33	administering the boll weevil eradication program.
34	34	(b) The Texas Boll Weevil Eradication Foundation shall:
35	35	(1) conduct a study of the effects of incomplete
36	36	cotton stalk destruction and volunteer cotton control on boll
37	37	weevil eradication activities; and
38	38	(2) submit annual recommendations to the department
39	39	and the board of the foundation for a cotton stalk destruction
40	40	deadline for each pest management zone.
41	41	(c) The Texas Boll Weevil Eradication Foundation may
42	42	consult with its technical advisory committee in fulfilling its
43	43	duties under Subsection (b).
44	44	(d) The department shall set a cotton stalk destruction
45	45	deadline for each pest management zone, with consideration given to
46	46	the recommendations of the foundation and the applicable
47	47	administrative committee submitted under Subsection (b).
48	48	Sec. 74.0032. HOSTABLE COTTON FEE. (a) The department
49	49	shall establish and collect a hostable cotton fee for fields in
50	50	which hostable cotton stalks, hostable volunteer cotton, or other
51	51	hostable noncommercial cotton remains past the stalk destruction
52	52	deadline set for the applicable pest management zone under Section
53	53	74.0031. A fee under this section shall be expressed in terms of
54	54	dollars per acre, per week in which the stalks, volunteer cotton, or
55	55	other noncommercial cotton remains in the field. The department
56	56	shall establish a procedure to notify a cotton grower that a fee is
57	57	due the department under this section.
58	58	(b) If adverse weather conditions or other good cause
59	59	exists, the administrative committee that governs the applicable
60	60	pest management zone may request that the department grant an
61	61	extension of the cotton stalk destruction deadline for any
62	62	specified part of the pest management zone or for the entire pest
63	63	management zone. A request under this subsection must be made not
64	64	later than 10 business days before the applicable cotton stalk
65	65	destruction deadline. A field is not subject to a hostable cotton
66	66	fee if the department grants an extension of the deadline. The
67	67	Texas Boll Weevil Eradication Foundation shall submit to the
68	68	department an estimate of the amount by which an extension under
69	69	this subsection will increase the cost of administering the boll
70	70	weevil eradication program.
71	71	(c) If the applicable administrative committee does not
72	72	request an extension, or if the department denies a request for an
73	73	extension of the cotton stalk destruction deadline for a specified
74	74	part of a pest management zone, a cotton grower may apply for an
75	75	individual extension of the deadline. A request under this
76	76	subsection must be made not later than 10 business days before the
77	77	applicable pest management zone's stalk destruction deadline.
78	78	(d) The Texas Boll Weevil Eradication Foundation shall
79	79	submit to the department an estimate of the amount by which any
80	80	extension of a stalk destruction deadline that is granted under
81	81	Subsection (c) will increase the cost of administering the boll
82	82	weevil eradication program.
83	83	(e) Any hostable cotton or hostable cotton stalks that
84	84	remain in a field after the cotton stalk destruction deadline or any
85	85	extension of the stalk destruction deadline has passed are subject
86	86	to the hostable cotton fee established under Subsection (a). Any
87	87	hostable cotton or hostable cotton stalks that remain in a field for
88	88	more than 30 days after the stalk destruction deadline or any
89	89	extension of the deadline are subject to 150 percent of the hostable
90	90	cotton fee established under Subsection (a).
91	91	(f) A hostable cotton fee shall be sent to the comptroller
92	92	and may be appropriated only for the purpose of treating hostable
93	93	cotton or for other expenses related to boll weevil eradication.
94	94	The department may contract with the Texas Boll Weevil Eradication
95	95	Foundation or its successor entity for the treatment, control, or
96	96	monitoring activities funded from the account.
97	97	(g) Unless on or before the 45th day after the date the
98	98	department gives notice to a cotton grower that a hostable cotton
99	99	fee is due the fee is paid, the department may destroy any cotton or
100	100	cotton stalks that remain in the field, as provided by Section
101	101	74.004.
102	102	(h) The department shall adopt rules to administer this
103	103	section.
104	104	SECTION 3. Subsections (a) and (b), Section 74.118,
105	105	Agriculture Code, are amended to read as follows:
106	106	(a) The commissioner may adopt reasonable rules regarding
107	107	areas where cotton may not be planted in an eradication zone if
108	108	there is reason to believe planting will jeopardize the success of
109	109	the program by making treatment impracticable or present a hazard
110	110	to public health or safety.
111	111	(b) The commissioner may adopt rules relating to
112	112	[prohibiting the planting of] noncommercial cotton located in
113	113	eradication zones and requiring that all growers of commercial
114	114	cotton in an eradication zone participate in a boll weevil or pink
115	115	bollworm eradication program that includes cost sharing as required
116	116	by the rules.
117	117	SECTION 4. Section 74.119, Agriculture Code, is amended to
118	118	read as follows:
119	119	Sec. 74.119. AUTHORITY FOR DESTRUCTION OR TREATMENT OF
120	120	COTTON IN ERADICATION ZONES; COMPENSATION PAYABLE. (a) The
121	121	department shall [may] destroy or treat hostable volunteer or other
122	122	hostable noncommercial cotton and establish procedures for the
123	123	purchase and destruction of commercial cotton in eradication zones
124	124	if the department determines the action is necessary to carry out
125	125	the purposes of this subchapter. The department is not liable to
126	126	the owner or lessee for the destruction of or injury to any cotton
127	127	that was planted in an eradication zone after publication of notice
128	128	as provided by this subchapter. The foundation is liable for the
129	129	destruction of cotton if the cotton was planted in an eradication
130	130	zone before publication of the notice.
131	131	(b) Not later than January 1, 2010, the department shall
132	132	adopt rules providing for the regulation and control of volunteer
133	133	and other noncommercial cotton in pest management zones. At a
134	134	minimum, the rules must:
135	135	(1) provide a grower or landowner with a period of time
136	136	in which the grower or owner is required to destroy hostable
137	137	volunteer or other hostable noncommercial cotton on receipt of a
138	138	notice from the department; and
139	139	(2) allow the department or a person designated by the
140	140	department:
141	141	(A) to monitor and treat hostable volunteer or
142	142	other hostable noncommercial cotton that is located in a crop field
143	143	for boll weevil infestation if the grower or landowner does not
144	144	destroy the cotton in compliance with the notice from the
145	145	department; and
146	146	(B) to destroy hostable volunteer or other
147	147	hostable noncommercial cotton that is not in a crop field, as
148	148	provided by Section 74.004.
149	149	(c) If a grower or landowner does not destroy hostable
150	150	volunteer or other hostable noncommercial cotton as required by
151	151	Subsection (b)(1), the grower or owner shall pay to the department a
152	152	volunteer cotton fee in an amount determined by the department. A
153	153	fee under this subsection:
154	154	(1) may be assessed only on acreage where hostable
155	155	volunteer or other hostable noncommercial cotton is located;
156	156	(2) may not be less than one-half the amount the grower
157	157	or owner would owe if the entire acreage were planted with cotton;
158	158	and
159	159	(3) shall be deposited to the credit of the hostable
160	160	cotton fee account established by Section 74.0032.
161	161	SECTION 5. This Act takes effect immediately if it receives
162	162	a vote of two-thirds of all the members elected to each house, as
163	163	provided by Section 39, Article III, Texas Constitution. If this
164	164	Act does not receive the vote necessary for immediate effect, this
165	165	Act takes effect September 1, 2009.