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S.B. No. 1428
AN ACT
relating to the establishment of a statewide maintenance program
for boll weevil and pink bollworm eradication.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 74.101, Agriculture
Code, is amended to read as follows:
(a) It is hereby found and declared that:
(1) the insects Anthonomus grandis Boheman, known as
the boll weevil, and Pectinophora gossypiella, known as the pink
bollworm, are public nuisances and a menace to the cotton industry,
and their eradication is a public necessity;
(2) because of the differences in soil conditions,
growing seasons, farming techniques, and climate conditions among
several areas in the state where cotton is grown, the eradication
and suppression of the nuisance can best be accomplished by
dividing the cotton-growing areas into separate zones so that
integrated pest management programs may be developed for each zone;
(3) there is a need for a quasi-governmental entity
acting under the supervision and control of the commissioner whose
members are actual cotton growers who would be represented on the
board of the entity by directors elected by them to manage
eradication and suppression programs and to furnish expertise in
the field of insect control and eradication, because such an entity
would enhance the interest and participation of cotton growers in
the program; [and]
(4) because of the progress made in eradication,
investments made by cotton growers in certain areas, the potential
injustice to certain cotton growers who have made such investments,
and the stage of development of the cotton crops in the statutory
eradication zones, an urgent public necessity exists to validate
and ratify the assessments, agreements, and obligations of the
Texas Boll Weevil Eradication Foundation, Inc., made or incurred by
the foundation and related to certain statutory zones;
(5) cotton growers, in partnership with the state and
federal governments, have made significant investments toward the
eradication of these pests in this state;
(6) it is essential to the well-being of the cotton
industry and the agricultural economy of this state that the
investments of the cotton growers and the state and federal
governments be protected; and
(7) the establishment of a maintenance program to be
carried out by the foundation under the supervision of the
department is required to protect the investments in eradication.
SECTION 2. Section 74.114, Agriculture Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Notwithstanding Subsection (a), the commissioner may
conduct only one referendum on continuation in each zone on or after
September 1, 2005. The commissioner shall include on the ballot
adequate notice of:
(1) the fact that a referendum on continuation is the
final referendum on continuation for the zone in which it is held;
and
(2) the existence of the petition provision in Section
74.112(f).
SECTION 3. Chapter 74, Agriculture Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. MAINTENANCE PROGRAM FOR BOLL WEEVIL AND PINK
BOLLWORM ERADICATION
Sec. 74.201. DEFINITIONS. The definitions provided by
Section 74.102 apply to this subchapter.
Sec. 74.202. MAINTENANCE AREAS. (a) On the request of the
foundation and affected cotton grower steering committees, the
commissioner by rule may designate boll weevil and pink bollworm
eradication maintenance areas for the continued protection of the
cotton industry. To the extent practicable, and to the extent
consistent with Subsection (b), maintenance areas must follow the
lines of existing eradication zones. Contiguous eradication zones
eligible for inclusion in a maintenance area may be included in the
same maintenance area. Additional counties not previously included
in an eradication zone may be added to maintenance areas to prevent
reinfestation or otherwise support the eradication efforts of the
state on request of the foundation, if the county is contiguous with
a maintenance area.
(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 requests the
inclusion of the zone in a maintenance area; and
(4) the foundation requests the inclusion of the zone
in a maintenance area.
(c) To the extent consistent with this subchapter,
Subchapter D applies to the activities of the department and
foundation under this subchapter.
Sec. 74.203. MAINTENANCE FEES. (a) The commissioner by
rule may impose a maintenance fee on all cotton grown or on all
cotton acres in a maintenance area.
(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.
(c) The commissioner by rule may determine the method,
manner, and mechanism by which maintenance fees are collected,
including provisions for collection at central points in the cotton
marketing process. The rules must provide for the fee collector to
forward maintenance fees to the credit of the foundation.
(d) The amount of the maintenance fee must be based on:
(1) the number of cotton acres in a maintenance area;
(2) the potential for reinfestation from outside the
maintenance area;
(3) the growing season;
(4) epidemiology;
(5) historical weather conditions;
(6) the expected costs of the maintenance program; and
(7) the need for an adequate reserve to respond to
potential reinfestations in a rapid, effective manner.
(e) The department shall hold one or more hearings regarding
the amount and collection methods of a maintenance fee to be imposed
under this section.
(f) Maintenance fees collected under this section are not
state funds.
Sec. 74.204. RULES. The department may adopt rules
necessary for the implementation and operation of a maintenance
program under this subchapter, including rules limiting the balance
of maintenance fees that the foundation may carry over from year to
year in the foundation budget.
SECTION 4. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1428 passed the Senate on
April 28, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1428 passed the House on
May 10, 2005, by the following vote: Yeas 142, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor