By: Duncan S.B. No. 818
(Darby)
A BILL TO BE ENTITLED
AN ACT
relating to boll weevil eradication activities and programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 74.112, Agriculture Code, is amended by
amending Subsection (f) and adding Subsection (f-1) to read as
follows:
(f) If 30 percent or more of the cotton growers eligible to
vote within a zone participating in the program present to the
commissioner a petition calling for a referendum of the qualified
voters on the proposition of discontinuing the program, the
commissioner may [shall] conduct a referendum for that purpose if:
(1) the debt of the zone has been paid in full; and
(2) the foundation determines, and the commissioner
approves the foundation's determination, that the cotton growers in
the zone have paid more than one-half of the eradication program
funds collected by the foundation and used for the eradication
program in the zone from the date of the program's inception until
the date the petition is presented to the commissioner.
(f-1) The commissioner may not conduct a referendum under
Subsection (f) and shall return the petition if the commissioner
determines that the requirements of Subsection (f)(1) or (2) are
not satisfied.
SECTION 2. Subsection (k), Section 74.113, Agriculture
Code, is amended to read as follows:
(k) The foundation may [shall] prepare and mail billing
statements to each cotton grower subject to the assessment that
state the amount due and the due date. The assessments shall be
remitted to the foundation.
SECTION 3. Section 74.122, Agriculture Code, is amended to
read as follows:
Sec. 74.122. QUARANTINE. (a) The department may adopt
rules relating to quarantining areas of this state that are
infested with the boll weevil or the pink bollworm. The rules must
address the storage of regulated articles and the movement of
regulated articles into and out of a quarantined area. The
department may also adopt rules governing the movement of regulated
articles from other states into this state if the articles are known
to be infested with the boll weevil or the pink bollworm.
(b) The department shall adopt rules to prohibit the
movement of cotton and regulated articles from an area infested
with the boll weevil if the area is not participating in the boll
weevil eradication program under this subchapter.
SECTION 4. Subsection (a), Section 74.124, Agriculture
Code, is amended to read as follows:
(a) The foundation may carry out programs to destroy and
eliminate the boll weevil and the pink bollworm in this state by
cooperating through written agreements, as approved by the
commissioner, with:
(1) an agency of the federal government;
(2) a state agency;
(3) an appropriate agency of a foreign country
contiguous to the affected area to the extent allowed by federal
law;
(4) a person who is engaged in growing, processing,
marketing, or handling cotton;
(5) a group of persons in this state involved in
similar programs to carry out the purposes of this subchapter; [or]
(6) an appropriate state agency of another state
contiguous to the affected area, to the extent allowed by federal
law, the law of the contiguous state, and the law of this state; or
(7) an appropriate association of cotton producers or
boll weevil foundations in more than one state, for the purpose of
facilitating cooperation with and funding assistance to this state
to protect against reinfestation with the boll weevil.
SECTION 5. Subsection (b), Section 74.202, 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 6. Subsection (b), Section 74.203, 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 7. 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 active 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 8. Subsection (f), Section 74.105, and Subsection
(b), Section 74.1135, Agriculture Code, are repealed.
SECTION 9. 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 10. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2013.