Texas 2013 - 83rd Regular

Texas Senate Bill SB818 Compare Versions

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1	1	By: Duncan S.B. No. 818
2	2	(Darby)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to boll weevil eradication activities and programs.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 74.112, Agriculture Code, is amended by
10	10	amending Subsection (f) and adding Subsection (f-1) to read as
11	11	follows:
12	12	(f) If 30 percent or more of the cotton growers eligible to
13	13	vote within a zone participating in the program present to the
14	14	commissioner a petition calling for a referendum of the qualified
15	15	voters on the proposition of discontinuing the program, the
16	16	commissioner may [shall] conduct a referendum for that purpose if:
17	17	(1) the debt of the zone has been paid in full; and
18	18	(2) the foundation determines, and the commissioner
19	19	approves the foundation's determination, that the cotton growers in
20	20	the zone have paid more than one-half of the eradication program
21	21	funds collected by the foundation and used for the eradication
22	22	program in the zone from the date of the program's inception until
23	23	the date the petition is presented to the commissioner.
24	24	(f-1) The commissioner may not conduct a referendum under
25	25	Subsection (f) and shall return the petition if the commissioner
26	26	determines that the requirements of Subsection (f)(1) or (2) are
27	27	not satisfied.
28	28	SECTION 2. Subsection (k), Section 74.113, Agriculture
29	29	Code, is amended to read as follows:
30	30	(k) The foundation may [shall] prepare and mail billing
31	31	statements to each cotton grower subject to the assessment that
32	32	state the amount due and the due date. The assessments shall be
33	33	remitted to the foundation.
34	34	SECTION 3. Section 74.122, Agriculture Code, is amended to
35	35	read as follows:
36	36	Sec. 74.122. QUARANTINE. (a) The department may adopt
37	37	rules relating to quarantining areas of this state that are
38	38	infested with the boll weevil or the pink bollworm. The rules must
39	39	address the storage of regulated articles and the movement of
40	40	regulated articles into and out of a quarantined area. The
41	41	department may also adopt rules governing the movement of regulated
42	42	articles from other states into this state if the articles are known
43	43	to be infested with the boll weevil or the pink bollworm.
44	44	(b) The department shall adopt rules to prohibit the
45	45	movement of cotton and regulated articles from an area infested
46	46	with the boll weevil if the area is not participating in the boll
47	47	weevil eradication program under this subchapter.
48	48	SECTION 4. Subsection (a), Section 74.124, Agriculture
49	49	Code, is amended to read as follows:
50	50	(a) The foundation may carry out programs to destroy and
51	51	eliminate the boll weevil and the pink bollworm in this state by
52	52	cooperating through written agreements, as approved by the
53	53	commissioner, with:
54	54	(1) an agency of the federal government;
55	55	(2) a state agency;
56	56	(3) an appropriate agency of a foreign country
57	57	contiguous to the affected area to the extent allowed by federal
58	58	law;
59	59	(4) a person who is engaged in growing, processing,
60	60	marketing, or handling cotton;
61	61	(5) a group of persons in this state involved in
62	62	similar programs to carry out the purposes of this subchapter; [or]
63	63	(6) an appropriate state agency of another state
64	64	contiguous to the affected area, to the extent allowed by federal
65	65	law, the law of the contiguous state, and the law of this state; or
66	66	(7) an appropriate association of cotton producers or
67	67	boll weevil foundations in more than one state, for the purpose of
68	68	facilitating cooperation with and funding assistance to this state
69	69	to protect against reinfestation with the boll weevil.
70	70	SECTION 5. Subsection (b), Section 74.202, Agriculture
71	71	Code, is amended to read as follows:
72	72	(b) An eradication zone is eligible for inclusion in a
73	73	maintenance area if:
74	74	(1) the commissioner determines that the boll weevil
75	75	has been functionally eradicated in that zone;
76	76	(2) the zone has satisfied any debt owed to the
77	77	foundation;
78	78	(3) the cotton grower steering committee has been
79	79	consulted regarding [requests] the inclusion of the zone in a
80	80	maintenance area; and
81	81	(4) the foundation requests the inclusion of the zone
82	82	in a maintenance area.
83	83	SECTION 6. Subsection (b), Section 74.203, Agriculture
84	84	Code, is amended to read as follows:
85	85	(b) The maintenance fee must be collected on a per-acre or
86	86	per-bale basis at a rate to be set by the commissioner after
87	87	receiving a recommendation from the board. The board shall consult
88	88	with cotton grower steering committees [and the technical advisory
89	89	committee] in formulating a recommendation to the commissioner
90	90	under this subsection. The commissioner may accept, reject, or
91	91	modify a board recommendation.
92	92	SECTION 7. Subchapter F, Chapter 74, Agriculture Code, is
93	93	amended by adding Section 74.2035 to read as follows:
94	94	Sec. 74.2035. TRANSFER OF FUNDS BETWEEN ERADICATION ZONES
95	95	AND MAINTENANCE AREAS. Notwithstanding any provision of this
96	96	subchapter or Subchapter D, with the approval of the board and the
97	97	commissioner, the foundation may transfer funds, including the
98	98	proceeds from the collection of assessments or maintenance fees,
99	99	between active eradication zones and maintenance areas as needed to
100	100	fulfill the purposes of this subchapter and Subchapter D. The board
101	101	shall consult with affected cotton grower steering committees
102	102	before recommending that the commissioner approve the transfer of
103	103	funds under this section.
104	104	SECTION 8. Subsection (f), Section 74.105, and Subsection
105	105	(b), Section 74.1135, Agriculture Code, are repealed.
106	106	SECTION 9. Section 74.2035, Agriculture Code, as added by
107	107	this Act, applies to the transfer of funds by the Texas Boll Weevil
108	108	Eradication Foundation without regard to whether the funds consist
109	109	of assessments or maintenance fees collected before, on, or after
110	110	the effective date of this Act.
111	111	SECTION 10. This Act takes effect immediately if it
112	112	receives a vote of two-thirds of all the members elected to each
113	113	house, as provided by Section 39, Article III, Texas Constitution.
114	114	If this Act does not receive the vote necessary for immediate
115	115	effect, this Act takes effect September 1, 2013.