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AN ACT
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relating to boll weevil eradication activities and programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.112, Agriculture Code, is amended by |
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amending Subsection (f) and adding Subsection (f-1) to read as |
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follows: |
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(f) If 30 percent or more of the cotton growers eligible to |
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vote within a zone participating in the program present to the |
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commissioner a petition calling for a referendum of the qualified |
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voters on the proposition of discontinuing the program, the |
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commissioner may [shall] conduct a referendum for that purpose if: |
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(1) the debt of the zone has been paid in full; and |
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(2) the foundation determines, and the commissioner |
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approves the foundation's determination, that the cotton growers in |
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the zone have paid more than one-half of the eradication program |
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funds collected by the foundation and used for the eradication |
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program in the zone from the date of the program's inception until |
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the date the petition is presented to the commissioner. |
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(f-1) The commissioner may not conduct a referendum under |
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Subsection (f) and shall return the petition if the commissioner |
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determines that the requirements of Subsection (f)(1) or (2) are |
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not satisfied. |
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SECTION 2. Subsection (k), Section 74.113, Agriculture |
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Code, is amended to read as follows: |
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(k) The foundation may [shall] prepare and mail billing |
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statements to each cotton grower subject to the assessment that |
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state the amount due and the due date. The assessments shall be |
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remitted to the foundation. |
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SECTION 3. Section 74.122, Agriculture Code, is amended to |
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read as follows: |
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Sec. 74.122. QUARANTINE. (a) The department may adopt |
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rules relating to quarantining areas of this state that are |
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infested with the boll weevil or the pink bollworm. The rules must |
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address the storage of regulated articles and the movement of |
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regulated articles into and out of a quarantined area. The |
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department may also adopt rules governing the movement of regulated |
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articles from other states into this state if the articles are known |
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to be infested with the boll weevil or the pink bollworm. |
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(b) The department shall adopt rules to prohibit the |
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movement of cotton and regulated articles from an area infested |
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with the boll weevil if the area is not participating in the boll |
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weevil eradication program under this subchapter. |
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SECTION 4. Subsection (a), Section 74.124, Agriculture |
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Code, is amended to read as follows: |
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(a) The foundation may carry out programs to destroy and |
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eliminate the boll weevil and the pink bollworm in this state by |
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cooperating through written agreements, as approved by the |
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commissioner, with: |
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(1) an agency of the federal government; |
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(2) a state agency; |
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(3) an appropriate agency of a foreign country |
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contiguous to the affected area to the extent allowed by federal |
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law; |
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(4) a person who is engaged in growing, processing, |
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marketing, or handling cotton; |
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(5) a group of persons in this state involved in |
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similar programs to carry out the purposes of this subchapter; [or] |
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(6) an appropriate state agency of another state |
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contiguous to the affected area, to the extent allowed by federal |
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law, the law of the contiguous state, and the law of this state; or |
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(7) an appropriate association of cotton producers or |
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boll weevil foundations in more than one state, for the purpose of |
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facilitating cooperation with and funding assistance to this state |
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to protect against reinfestation with the boll weevil. |
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SECTION 5. Subsection (b), Section 74.202, Agriculture |
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Code, is amended to read as follows: |
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(b) An eradication zone is eligible for inclusion in a |
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maintenance area if: |
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(1) the commissioner determines that the boll weevil |
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has been functionally eradicated in that zone; |
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(2) the zone has satisfied any debt owed to the |
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foundation; |
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(3) the cotton grower steering committee has been |
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consulted regarding [requests] the inclusion of the zone in a |
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maintenance area; and |
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(4) the foundation requests the inclusion of the zone |
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in a maintenance area. |
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SECTION 6. Subsection (b), Section 74.203, Agriculture |
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Code, is amended to read as follows: |
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(b) The maintenance fee must be collected on a per-acre or |
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per-bale basis at a rate to be set by the commissioner after |
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receiving a recommendation from the board. The board shall consult |
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with cotton grower steering committees [and the technical advisory
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committee] in formulating a recommendation to the commissioner |
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under this subsection. The commissioner may accept, reject, or |
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modify a board recommendation. |
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SECTION 7. Subchapter F, Chapter 74, Agriculture Code, is |
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amended by adding Section 74.2035 to read as follows: |
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Sec. 74.2035. TRANSFER OF FUNDS BETWEEN ERADICATION ZONES |
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AND MAINTENANCE AREAS. Notwithstanding any provision of this |
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subchapter or Subchapter D, with the approval of the board and the |
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commissioner, the foundation may transfer funds, including the |
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proceeds from the collection of assessments or maintenance fees, |
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between active eradication zones and maintenance areas as needed to |
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fulfill the purposes of this subchapter and Subchapter D. The board |
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shall consult with affected cotton grower steering committees |
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before recommending that the commissioner approve the transfer of |
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funds under this section. |
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SECTION 8. Subsection (f), Section 74.105, and Subsection |
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(b), Section 74.1135, Agriculture Code, are repealed. |
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SECTION 9. Section 74.2035, Agriculture Code, as added by |
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this Act, applies to the transfer of funds by the Texas Boll Weevil |
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Eradication Foundation without regard to whether the funds consist |
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of assessments or maintenance fees collected before, on, or after |
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the effective date of this Act. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 818 passed the Senate on |
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April 4, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 818 passed the House on |
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May 17, 2013, by the following vote: Yeas 134, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |