S.B. No. 818

	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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 818 passed the Senate on
	April 4, 2013, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 818 passed the House on
	May 17, 2013, by the following vote:  Yeas 134, Nays 0, two
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor