83R7035 BEF-F
By: Duncan S.B. No. 818
A BILL TO BE ENTITLED
AN ACT
relating to the official cotton growers boll weevil eradication
foundation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 74.202(b), Agriculture Code, is amended
to read as follows:
(b) An eradication zone is eligible for inclusion in a
maintenance area if:
(1) the commissioner determines that the boll weevil
has been functionally eradicated in that zone;
(2) the zone has satisfied any debt owed to the
foundation;
(3) the cotton grower steering committee has been
consulted regarding [requests] the inclusion of the zone in a
maintenance area; and
(4) the foundation requests the inclusion of the zone
in a maintenance area.
SECTION 2. Section 74.203(b), Agriculture Code, is amended
to read as follows:
(b) The maintenance fee must be collected on a per-acre or
per-bale basis at a rate to be set by the commissioner after
receiving a recommendation from the board. The board shall consult
with cotton grower steering committees [and the technical advisory
committee] in formulating a recommendation to the commissioner
under this subsection. The commissioner may accept, reject, or
modify a board recommendation.
SECTION 3. Subchapter F, Chapter 74, Agriculture Code, is
amended by adding Section 74.2035 to read as follows:
Sec. 74.2035. TRANSFER OF FUNDS BETWEEN ERADICATION ZONES
AND MAINTENANCE AREAS. Notwithstanding any provision of this
subchapter or Subchapter D, with the approval of the board and the
commissioner, the foundation may transfer funds, including the
proceeds from the collection of assessments or maintenance fees,
between eradication zones and maintenance areas as needed to
fulfill the purposes of this subchapter and Subchapter D. The board
shall consult with affected cotton grower steering committees
before recommending that the commissioner approve the transfer of
funds under this section.
SECTION 4. Section 74.1135(b), Agriculture Code, is
repealed.
SECTION 5. Section 74.2035, Agriculture Code, as added by
this Act, applies to the transfer of funds by the Texas Boll Weevil
Eradication Foundation without regard to whether the funds consist
of assessments or maintenance fees collected before, on, or after
the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2013.