1-1 By: Gutierrez (Senate Sponsor - Lucio) H.B. No. 1933
1-2 (In the Senate - Received from the House April 26, 1993;
1-3 April 27, 1993, read first time and referred to Committee on
1-4 Natural Resources; May 7, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 6, Nays 0;
1-6 May 7, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Sims x
1-10 Truan x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Brown x
1-15 Carriker x
1-16 Lucio x
1-17 Montford x
1-18 Ratliff x
1-19 Shelley x
1-20 COMMITTEE SUBSTITUTE FOR H.B. No. 1933 By: Lucio
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to boll weevil and pink bollworm control.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 74.004, Agriculture Code, is amended by
1-26 amending Subsections (a), (b), (c), and (f) and by adding
1-27 Subsection (j) to read as follows:
1-28 (a) On petition of the administrative committee of a pest
1-29 management zone, the department may establish regulated areas,
1-30 dates, and appropriate methods of destruction of stalks, other
1-31 parts, and products of host plants for boll weevils, including
1-32 requirements for destruction of foliage, fruiting structures, and
1-33 root systems of host plants after the harvest deadline.
1-34 (b) If on inspection of a field after the harvest deadline,
1-35 the department determines that host plants or any parts or products
1-36 of host plants have not been destroyed within the time specified by
1-37 regulation of the department, the department may declare the field
1-38 to be a public nuisance.
1-39 (c) On the declaration of a field as a public nuisance, the
1-40 department may take any action necessary to complete destruction of
1-41 host plants or host plant products or parts to prevent the spread
1-42 of boll weevils from the infested area and shall:
1-43 (1) immediately give written notice to any farm owner
1-44 and to the operator in charge of the field that the field is in
1-45 violation of this section, instructing the owner and operator to
1-46 destroy host plants or host plant products or parts within seven
1-47 days after the date written notice is received;
1-48 (2) publish the notice in a newspaper of general
1-49 circulation in the county where the land is located or <and> post
1-50 for a period of three consecutive days a copy of the notice on or
1-51 in the immediate vicinity of the field in violation, if either the
1-52 owner or operator of the field cannot be located after a reasonably
1-53 diligent effort by the department; and
1-54 (3) have the host plants or host plant products or
1-55 parts destroyed, if no response is received by the department from
1-56 either the owner or operator within four days after the date of
1-57 posting of the notice at the field or if the department considers a
1-58 response inadequate.
1-59 (f) If neither the farm owner nor operator reimburses the
1-60 department as provided by Subsection (e) of this section within 30
1-61 days after the date of the completion of department action under
1-62 Subsection (c) of this section, or, if an extension has been
1-63 granted under Subsection (d) of this section, within 30 days after
1-64 the date of expiration of the extension, the department may place a
1-65 lien against the property on which a violation of a department
1-66 regulation under this section has <the infestation> occurred.
1-67 (j) In this section, "harvest deadline" means a deadline set
1-68 by the department for harvesting a certain crop or, in the absence
2-1 of a department deadline, the 31st day after the date by which the
2-2 crop is customarily harvested in the region, as determined by the
2-3 department.
2-4 SECTION 2. Subchapter A, Chapter 74, Agriculture Code, is
2-5 amended by adding Section 74.0041 to read as follows:
2-6 Sec. 74.0041. REGULATION OF PLANTING DATES. On petition of
2-7 the administrative committee of a pest management zone, the
2-8 department may establish uniform planting dates for host plants.
2-9 SECTION 3. Section 74.054, Agriculture Code, is amended to
2-10 read as follows:
2-11 Sec. 74.054. REGULATION OF PINK BOLLWORM <GROWING>;
2-12 QUARANTINES. (a) The department may adopt rules governing the
2-13 control of pink bollworm under this subchapter <growing of a host
2-14 plant in an area in which, under prior law, the governor proclaimed
2-15 it unlawful to grow the host plant except under rules of the
2-16 department. In addition to other necessary rules, the rules may
2-17 include provisions for:>
2-18 <(1) planting of seed from noninfested territory;>
2-19 <(2) ginning at designated mills; or>
2-20 <(3) milling or disinfecting of all seed products
2-21 marketed within the area>.
2-22 (b) If, under prior law, the governor proclaimed a
2-23 quarantine against infested territory, no person may import into
2-24 Texas from the quarantined territory a substance susceptible to
2-25 pink bollworm infestation.
2-26 (c) The department shall maintain a rigid inspection of
2-27 substances susceptible to pink bollworm contamination that are
2-28 being carried from quarantined territory into this state.
2-29 SECTION 4. Section 74.057, Agriculture Code, is amended to
2-30 read as follows:
2-31 Sec. 74.057. Destruction of Host Plants. (a) If the
2-32 department considers it necessary to the protection of the cotton
2-33 industry of this state, the department may:
2-34 (1) establish regulated areas, dates, and appropriate
2-35 methods of destruction of host plants and host plant products; and
2-36 (2) require the destruction of or destroy any host
2-37 plant, host plant product, or field of host plants in which pink
2-38 bollworm is found or which is probably contaminated by being near
2-39 an infestation of pink bollworm.
2-40 (b) If on inspection of a field after the harvest deadline
2-41 the department determines that host plants or any parts or products
2-42 of host plants have not been destroyed within the time specified by
2-43 regulation of the department under this section, the department may
2-44 declare the field to be a public nuisance <Before exercising its
2-45 power under Subsection (a) of this section, the department shall
2-46 report the condition to the governor, setting out in detail the
2-47 area or amount of host plants or host plant products to be
2-48 destroyed. The governor shall declare the host plants or host
2-49 plant products to be a public menace>.
2-50 (c) On the declaration of a field as a public nuisance, the
2-51 department may take any action necessary to complete destruction of
2-52 host plants or host plant products or parts to prevent the spread
2-53 of pink bollworm from the infested area and shall:
2-54 (1) immediately give written notice to any farm owner
2-55 and to the operator in charge of the field that the field is in
2-56 violation of this section, instructing the owner and operator to
2-57 destroy host plants or host plant products or parts within seven
2-58 days after the date written notice is received;
2-59 (2) publish the notice in a newspaper of general
2-60 circulation in the county where the land is located or post for a
2-61 period of three consecutive days a copy of the notice on or in the
2-62 immediate vicinity of the field in violation, if either the owner
2-63 or operator of the field cannot be located after a reasonably
2-64 diligent effort by the department; and
2-65 (3) have the host plants or host plant products or
2-66 parts destroyed, if no response is received by the department from
2-67 either the owner or operator within four days after the date of
2-68 posting of the notice at the field or if the department considers a
2-69 response inadequate <The department may take any action necessary
2-70 to complete destruction of host plants or host plant products to
3-1 prevent the spread of pink bollworm from the infested area>.
3-2 (d) If adverse weather conditions or other good cause
3-3 exists, the commissioner may, on written request by a farm owner or
3-4 operator, grant an extension of the date of implementation of
3-5 appropriate host plant or host plant product or part destruction.
3-6 (e) If it becomes necessary for the department to contract
3-7 with someone to destroy host plants or host plant products or
3-8 parts, the farm owner or operator shall reimburse the department
3-9 for 1-1/2 times the actual costs required for destruction.
3-10 (f) If neither the farm owner nor operator reimburses the
3-11 department as provided by Subsection (e) of this section within 30
3-12 days after the date of the completion of department action under
3-13 Subsection (c) of this section, or, if an extension has been
3-14 granted under Subsection (d) of this section, within 30 days after
3-15 the date of expiration of the extension the department may place a
3-16 lien against the property on which a violation of a department
3-17 regulation under this section has occurred.
3-18 (g) The department may perfect the lien by filing the lien,
3-19 a sworn statement of the indebtedness, the owner of the property,
3-20 and a description of the property subject to the lien with the
3-21 county clerk of the county in which the property is located. The
3-22 lien arises and attaches to the property when the sworn statement
3-23 is filed for recordation with the county clerk. The lien is
3-24 subordinate to the rights of a bona fide purchaser or lienholder
3-25 for value that acquires an interest in the property before the
3-26 filing of the sworn statement. The lien must be filed within a
3-27 30-day period following the expiration of the 30-day period
3-28 described in Subsection (f) of this section. Within 180 days after
3-29 the date of filing the lien, the department may file suit in a
3-30 court of competent jurisdiction for collection of the account and
3-31 foreclosure of the lien. Neither the department nor any person to
3-32 whom the account is assigned may be required to post a cost bond in
3-33 the suit. The court shall enter judgment for the debt with
3-34 interest and costs of suit and foreclosing the lien on premises as
3-35 the court determines necessary for the defraying of expenses, court
3-36 costs, and the fees owed.
3-37 (h) All reimbursements and additional costs collected under
3-38 this section shall be deposited in the state treasury in a special
3-39 fund to be appropriated to the department to carry out this
3-40 subchapter.
3-41 (i) Reimbursement under Subsection (e) of this section does
3-42 not prevent the department from seeking criminal or civil sanctions
3-43 under this subchapter.
3-44 (j) In this section, "harvest deadline" has the meaning
3-45 assigned by Section 74.004 of this chapter.
3-46 SECTION 5. Section 74.056, Agriculture Code, is repealed.
3-47 SECTION 6. The importance of this legislation and the
3-48 crowded condition of the calendars in both houses create an
3-49 emergency and an imperative public necessity that the
3-50 constitutional rule requiring bills to be read on three several
3-51 days in each house be suspended, and this rule is hereby suspended,
3-52 and that this Act take effect and be in force from and after its
3-53 passage, and it is so enacted.
3-54 * * * * *
3-55 Austin,
3-56 Texas
3-57 May 7, 1993
3-58 Hon. Bob Bullock
3-59 President of the Senate
3-60 Sir:
3-61 We, your Committee on Natural Resources to which was referred H.B.
3-62 No. 1933, have had the same under consideration, and I am
3-63 instructed to report it back to the Senate with the recommendation
3-64 that it do not pass, but that the Committee Substitute adopted in
3-65 lieu thereof do pass and be printed.
3-66 Sims,
3-67 Chairman
3-68 * * * * *
3-69 WITNESSES
3-70 No witnesses appeared on H.B. No. 1933.