By: Duncan S.B. No. 818
  relating to boll weevil eradication activities and programs.
         SECTION 1.  Section 74.112, Agriculture Code, is amended by
  amending Subsection (f) and adding Subsection (f-1) to read as
         (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
               (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
               (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:
  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.