S.B. No. 30
AN ACT
1-1 relating to providing for methods and procedures for the
1-2 eradication of boll weevils and the reduction in use of toxic
1-3 substances in the control of cotton insects; creating offenses and
1-4 providing penalties and injunctive relief.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 74, Agriculture Code, is amended by
1-7 adding Subchapter D to read as follows:
1-8 SUBCHAPTER D. OFFICIAL COTTON GROWERS' BOLL WEEVIL
1-9 ERADICATION FOUNDATION
1-10 Sec. 74.101. FINDINGS AND DECLARATION OF POLICY. (a) It is
1-11 hereby found and declared that:
1-12 (1) the boll weevil entered Texas from Mexico in 1892
1-13 and presents a major economic threat to Texas' cotton crop;
1-14 (2) there exists a need to develop, carry out, and
1-15 participate in programs of research such as disease and insect
1-16 control; marketing to show low risk of pests in interstate and
1-17 intrastate movement of cotton commodities; promotion of pest-free
1-18 cotton commodities which increase market demand; and education of
1-19 cotton raisers, cotton users, regulators, policymakers, and the
1-20 general public on the effect of pests on cotton, its utility, its
1-21 marketing, its yield, and its promotion; and
1-22 (3) it is the intent of the legislature that the
1-23 program be carried out with the best available integrated pest
2-1 management techniques.
2-2 (b) The department may recover costs for administration of
2-3 this subchapter.
2-4 (c) The creation and use of a boll weevil eradication
2-5 foundation as a vehicle to provide for assessments and governing
2-6 boards and to establish eradication zones in order to suppress and
2-7 eradicate boll weevils are consistent with the goals and uses of
2-8 revenue established under Article XVI, Section 68, of the Texas
2-9 Constitution.
2-10 Sec. 74.102. DEFINITIONS. In this subchapter:
2-11 (1) "Board" means the board of directors of the
2-12 official cotton growers' boll weevil eradication foundation.
2-13 (2) "Boll weevil" has the meaning assigned by Section
2-14 74.002 of this code.
2-15 (3) "Commissioner" means commissioner of agriculture.
2-16 (4) "Cotton" means:
2-17 (A) a cotton plant;
2-18 (B) a part of a cotton plant, including bolls,
2-19 stalks, flowers, roots, and leaves; or
2-20 (C) cotton products, including seed cotton,
2-21 cottonseed, and hulls.
2-22 (5) "Cotton grower" means an individual who:
2-23 (A) grows cotton; and
2-24 (B) receives direct income on or after June 1,
2-25 1992, from the sale of cotton.
3-1 (6) "Eradication" means elimination of boll weevils to
3-2 the extent that the commissioner does not consider further
3-3 elimination of boll weevils necessary to prevent economic loss to
3-4 cotton growers.
3-5 (7) "Eradication zone" means a geographic area in
3-6 which cotton growers by referendum approve their participation in a
3-7 boll weevil eradication program.
3-8 (8) "Foundation" means the official cotton growers'
3-9 boll weevil eradication foundation.
3-10 (9) "High Plains Boll Weevil Suppression Program Area"
3-11 includes Bailey, Borden, Briscoe, Castro, Cochran, Crosby, Dawson,
3-12 Deaf Smith, Dickens, Floyd, Gaines, Garza, Hale, Hockley, Howard,
3-13 Lamb, Lubbock, Lynn, Martin, Midland, Motley, Parmer, Swisher,
3-14 Terry, and Yoakum counties.
3-15 (10) "Host" means a plant or plant product in which
3-16 the boll weevil is capable of completing any portion of its life
3-17 cycle.
3-18 (11) "Infested" means the presence of the boll weevil
3-19 in any life stage or the existence of generally accepted
3-20 entomological evidence from which it may be concluded with
3-21 reasonable certainty that the boll weevil is present.
3-22 (12) "Integrated pest management" is the coordinated
3-23 use of pest and environmental information with available pest
3-24 control methods to prevent unacceptable levels of pest damage by
3-25 the most economical means and with the least possible hazard to
4-1 people, property, and the environment.
4-2 (13) "Regulated article" means an article carrying or
4-3 capable of carrying the boll weevil, including cotton plants, seed
4-4 cotton, gin trash, other hosts, or mechanical cotton harvesters.
4-5 (14) "St. Lawrence Cotton Growers Boll Weevil Control
4-6 Zone" includes Glasscock, Reagan, Upton, and south Midland
4-7 counties.
4-8 Sec. 74.103. CERTIFICATION BY COMMISSIONER; REQUIREMENTS.
4-9 (a) A nonprofit organization authorized under the laws of this
4-10 state that represents cotton growers may petition the commissioner
4-11 for certification as the organization authorized to:
4-12 (1) create a foundation;
4-13 (2) conduct the initial election of the board; and
4-14 (3) conduct referenda to establish eradication zones.
4-15 (b) A petition under this section must include:
4-16 (1) a geographic description of each proposed
4-17 eradication zone, including a separate proposed eradication zone
4-18 for the High Plains Boll Weevil Suppression Program Area and the
4-19 St. Lawrence Cotton Growers Boll Weevil Control Zone;
4-20 (2) an initial plan for representation for each
4-21 proposed eradication zone on a board consisting of 6, 9, 12, or 15
4-22 members; and
4-23 (3) any other information required by the
4-24 commissioner.
4-25 (c) Not later than the 60th day after the date on which the
5-1 commissioner receives a petition for certification, the
5-2 commissioner shall hold a public hearing to consider the pending
5-3 petition.
5-4 (d) After a hearing is held under Subsection (c) of this
5-5 section the commissioner may select one organization to implement
5-6 this subchapter and shall certify that the selected organization:
5-7 (1) has submitted a petition that complies with this
5-8 subchapter;
5-9 (2) can adequately represent the interests of cotton
5-10 growers in the proposed eradication zones described by the
5-11 organization's petition; and
5-12 (3) is authorized to conduct eradication zone
5-13 referenda and initial board elections under Sections 74.105 and
5-14 74.106 of this code.
5-15 (e) If more than one nonprofit organization petitions the
5-16 commissioner for certification under this section, the commissioner
5-17 shall select the organization that can best carry out the purposes
5-18 of this subchapter according to objective criteria determined by
5-19 the commissioner.
5-20 Sec. 74.104. CERTIFICATION; REVOCATION. (a) The
5-21 commissioner shall certify the petitioning organization selected
5-22 under Section 74.103 of this code as the organization authorized to
5-23 create an official boll weevil eradication foundation. The
5-24 selected organization may conduct the initial eradication zone
5-25 referenda and board elections. A certification is valid for the
6-1 purposes of this subchapter only and does not affect other
6-2 organizations or associations of cotton growers established for
6-3 other purposes.
6-4 (b) The commissioner shall certify only one organization
6-5 under this section. The commissioner may revoke the organization's
6-6 certification on 60 days written notice if the organization fails
6-7 to meet the requirements of this subchapter.
6-8 Sec. 74.105. ERADICATION ZONE REFERENDA. (a) The
6-9 organization certified under Section 74.104 of this code or the
6-10 foundation shall conduct a referendum in each proposed eradication
6-11 zone to determine whether cotton growers desire to establish an
6-12 official boll weevil eradication zone.
6-13 (b) Eradication zone referenda shall be conducted under the
6-14 procedures provided by Section 74.114 of this code.
6-15 (c) A proposed eradication zone referendum ballot must
6-16 include or be accompanied by information about the proposed
6-17 eradication zone, including:
6-18 (1) a statement of the purpose of the boll weevil
6-19 eradication program;
6-20 (2) the geographic area included in the proposed
6-21 eradication zone;
6-22 (3) a general summary of rules adopted by the
6-23 commissioner under Sections 74.114, 74.118, and 74.120 of this
6-24 code, including a description of:
6-25 (A) cotton grower responsibilities; and
7-1 (B) penalties for noncompliance with rules
7-2 adopted under this subchapter; and
7-3 (4) an address and toll-free telephone number that a
7-4 cotton grower may use to request more information about the
7-5 referendum or the boll weevil eradication program.
7-6 (d) If a referendum to establish an eradication zone fails,
7-7 the concurrent election of board members from the proposed
7-8 eradication zone under Section 74.106 of this code has no effect.
7-9 (e) The organization certified under Section 74.104 of this
7-10 code or the foundation, as appropriate, may call additional
7-11 referenda in a proposed eradication zone in which a referendum has
7-12 failed. An additional eradication zone referendum and concurrent
7-13 board election may be held no earlier than the 121st day after the
7-14 date of the last referendum.
7-15 (f) After the passage of any referendum, the eligible voters
7-16 shall be allowed, by subsequent referenda periodically as specified
7-17 in the initial referendum, to vote on whether to continue their
7-18 assessments. All of the requirements for an initial referendum
7-19 must be met in subsequent referenda.
7-20 Sec. 74.106. BOARD ELECTIONS. (a) The initial election for
7-21 board members from a proposed eradication zone shall be held
7-22 concurrently with an eradication zone referendum held under Section
7-23 74.105 of this code. Each zone shall be represented on the board.
7-24 (b) A board election shall be conducted under the procedures
7-25 provided by this section and Section 74.114 of this code.
8-1 (c) A cotton grower who is eligible to vote in a referendum
8-2 or election under this subchapter is eligible to be a candidate for
8-3 and member of the board.
8-4 (d) A cotton grower who wants to be a candidate for the
8-5 board must file an application with the secretary of the foundation
8-6 or, before certification of the organization under Section 74.104
8-7 of this code, the commissioner. The application must be:
8-8 (1) filed not later than the 30th day before the date
8-9 set for the board election;
8-10 (2) on a form approved by the commissioner; and
8-11 (3) signed by at least 10 cotton growers who are
8-12 eligible to vote in the board election.
8-13 (e) On receipt of an application and verification that the
8-14 application meets the requirements of Subsection (d) of this
8-15 section, an applicant's name shall be placed on the ballot for the
8-16 board election.
8-17 (f) An eligible voter may vote for a cotton grower whose
8-18 name does not appear on the official ballot by writing that
8-19 person's name on the ballot.
8-20 (g) A board election must be preceded by at least 45 days
8-21 notice published in one or more newspapers published and
8-22 distributed in the proposed or established eradication zone. The
8-23 notice shall be published not less than once a week for three
8-24 consecutive weeks. Not later than the 45th day before the date of
8-25 the election, direct written notice of the election shall be given
9-1 to each county agent in the eradication zone.
9-2 Sec. 74.107. COMPOSITION OF BOARD. (a) The High Plains
9-3 Boll Weevil Suppression Program Area and the St. Lawrence Cotton
9-4 Growers Boll Weevil Control Zone are separate zones for the
9-5 purposes of boll weevil eradication and may not be combined with
9-6 another area in an eradication zone under this subchapter.
9-7 (b) The board, with the commissioner's approval, may change
9-8 the number of board positions or the eradication zone
9-9 representation on the board. A change under this subsection may
9-10 not contravene another provision of this subchapter.
9-11 Sec. 74.108. BOARD POWERS. The board may:
9-12 (1) conduct board elections;
9-13 (2) conduct eradication zone referenda;
9-14 (3) conduct assessment referenda under Section 74.113
9-15 of this code;
9-16 (4) conduct programs consistent with the declaration
9-17 of policy stated in Section 74.101 of this code; and
9-18 (5) form an advisory committee composed of individuals
9-19 from this state, other states, or other countries and change
9-20 membership on the committee, as necessary. Any advisory committee
9-21 created under this subdivision for the purpose of establishing
9-22 treatment methods shall include among its members persons with
9-23 knowledge of the effects of different treatments on the health of
9-24 agricultural workers, the local population, and the ecosystem,
9-25 including but not limited to the effects of a particular method of
10-1 treatment on beneficial organisms and wildlife, the potential for
10-2 secondary infestations from nontarget pests, and the potential for
10-3 pest resistance to particular methods of treatment.
10-4 Sec. 74.109. BOARD DUTIES. (a) The board shall make
10-5 available for inspection at an annual independent audit all books,
10-6 records of account, and minutes of proceedings maintained by the
10-7 foundation.
10-8 (b) Not later than the 45th day after the last day of the
10-9 fiscal year, the board shall submit to the commissioner a report
10-10 itemizing all income and expenditures and describing all activities
10-11 of the foundation during the fiscal year.
10-12 (c) The foundation shall provide surety bonds in amounts
10-13 determined by the commissioner for employees or agents who handle
10-14 funds for the foundation.
10-15 (d) The foundation shall collect, receive, hold in trust,
10-16 and disburse all assessments and other funds collected under this
10-17 subchapter as trust funds of the foundation. The foundation board
10-18 is a state agency for exemption from taxation and indemnification
10-19 only and for no other purpose. Funds collected by the foundation
10-20 are not state funds and are not required to be deposited in the
10-21 state treasury. The foundation shall deposit all money collected
10-22 under this subchapter in a bank or other depository approved by the
10-23 board.
10-24 (e) The board shall collect data on the type and quantity of
10-25 pesticides used in accordance with this subchapter.
11-1 (f) All revenue collected under this subchapter shall be
11-2 used solely to finance programs approved by the commissioner as
11-3 consistent with this subchapter and applicable provisions of the
11-4 constitution.
11-5 Sec. 74.110. LIABILITY OF FOUNDATION MEMBERS, OFFICERS, AND
11-6 EMPLOYEES. (a) Except for instances of gross negligence,
11-7 individual criminal actions, or acts of dishonesty, the
11-8 foundation's members, officers, and employees are not individually
11-9 liable to a cotton grower or other person for:
11-10 (1) errors in judgment;
11-11 (2) mistakes; or
11-12 (3) other acts or omissions.
11-13 (b) A foundation member, officer, or employee is not
11-14 individually liable for an act or omission of another foundation
11-15 member, officer, or employee.
11-16 Sec. 74.111. BOARD MEMBER COMPENSATION. Board members serve
11-17 without compensation but are entitled to reimbursement for
11-18 reasonable and necessary expenses incurred in the discharge of
11-19 their duties.
11-20 Sec. 74.112. DISCONTINUATION OF PROGRAM AND FOUNDATION AND
11-21 DISPOSITION OF FUNDS ON DISCONTINUANCE. (a) On the determination
11-22 by the foundation that the boll weevil eradication program has been
11-23 completed in all eradication zones established under this
11-24 subchapter, the foundation shall provide notice of such completion
11-25 to the commissioner along with a request for discontinuance of the
12-1 eradication program and collection of the assessment. Any such
12-2 request shall include documentation supporting the eradication of
12-3 the boll weevil in all eradication zones and a plan for
12-4 discontinuance of the program and assessment.
12-5 (b) The commissioner shall determine whether or not the
12-6 further elimination of the boll weevil is necessary in the
12-7 eradication zones and approve or disapprove discontinuance of the
12-8 foundation and the plan for dissolution.
12-9 (c) On completion of dissolution, the foundation shall file
12-10 a final report with the commissioner, including a financial report,
12-11 and submit all remaining funds into the trust of the commissioner.
12-12 Final books of the foundation shall be filed with the commissioner
12-13 and are subject to audit by the department.
12-14 (d) The commissioner shall pay from the foundation's
12-15 remaining funds all of the foundation's outstanding obligations.
12-16 (e) Funds remaining after payment under Subsection (d) of
12-17 this section shall be returned to contributing cotton growers on a
12-18 pro rata basis.
12-19 (f) If 40 percent or more of the producers within a zone
12-20 participating in the program present to the foundation a petition
12-21 calling for a referendum of the qualified voters on the proposition
12-22 of discontinuing the program, the board shall conduct a referendum
12-23 for that purpose.
12-24 (g) The board shall give notice of the referendum, the
12-25 referendum shall be conducted, and the results shall be declared in
13-1 the manner provided by law for the original referendum and
13-2 election, with any necessary exceptions provided by rule of the
13-3 commissioner.
13-4 (h) The board shall conduct the referendum within 90 days of
13-5 the date of filing of the petition.
13-6 (i) Approval of the proposition is by majority vote of those
13-7 voting. If the proposition is approved, the program is abolished.
13-8 Sec. 74.113. ASSESSMENT REFERENDA. (a) The foundation
13-9 shall determine the assessment needed in each eradication zone to
13-10 accomplish the following goal: to finance programs of marketing,
13-11 promotion, research, and education calculated to increase the
13-12 production and use of cotton.
13-13 (b) The foundation shall propose in a referendum the:
13-14 (1) maximum assessment to be paid by cotton growers
13-15 having production in the eradication zone; and
13-16 (2) time for which the assessment will be made.
13-17 (c) The foundation may make an assessment in an eradication
13-18 zone at a level less than the assessment approved by the
13-19 referendum.
13-20 (d) The foundation shall conduct an assessment referendum
13-21 under the procedures provided by Section 74.114 of this code.
13-22 (e) If an assessment referendum is approved, the foundation
13-23 may collect the assessment.
13-24 (f) An assessment levied on cotton growers in an eradication
13-25 zone may be applied only to:
14-1 (1) eradication in that zone;
14-2 (2) the foundation's operating costs; and
14-3 (3) the conducting of other programs consistent with
14-4 the declaration of policy stated in Section 74.101 of this code.
14-5 Sec. 74.114. CONDUCT OF BOARD ELECTIONS AND REFERENDA;
14-6 BALLOTING. (a) The foundation shall conduct a referendum or board
14-7 election under its jurisdiction.
14-8 (b) The foundation shall bear all expenses incurred in
14-9 conducting a referendum or board election.
14-10 (c) The commissioner shall adopt rules for voting in the
14-11 initial board election and initial referenda to establish
14-12 eradication zones. The board shall adopt rules for voting in other
14-13 referenda and board elections. Rules adopted under this subsection
14-14 must include provisions for determining:
14-15 (1) who is a cotton grower eligible to vote in an
14-16 election;
14-17 (2) whether a board member is elected by a plurality
14-18 or a majority of the votes cast; and
14-19 (3) the area from which each board member is elected.
14-20 (d) A cotton grower having cotton production in a proposed
14-21 or established eradication zone is entitled to:
14-22 (1) vote in a referendum concerning the eradication
14-23 zone; and
14-24 (2) elect board members to represent the eradication
14-25 zone.
15-1 (e) An eligible cotton grower may vote only once in a
15-2 referendum or board election.
15-3 (f) Ballots in a referendum or board election may be mailed
15-4 to a central location to be initially determined by the
15-5 commissioner and later determined by the board. A cotton grower
15-6 eligible to vote in a referendum or board election shall be offered
15-7 the option of voting in person at the office of the county agent of
15-8 the Texas Agricultural Extension Service in the county in which the
15-9 cotton grower resides. A county agent shall hold ballots received
15-10 under this section in trust and shall count the ballots and report
15-11 the results to the commissioner and the foundation.
15-12 (g) A referendum is approved if:
15-13 (1) at least two-thirds of those voting vote in favor
15-14 of the referendum; or
15-15 (2) those voting in favor of the referendum farm more
15-16 than 50 percent, as determined by the commissioner, of the cotton
15-17 acreage in the relevant eradication zone.
15-18 (h) If a referendum under this subchapter is not approved,
15-19 the foundation may with the approval of the commissioner conduct
15-20 another referendum. A referendum under this subsection may not be
15-21 held before the 121st day after the date on which the last
15-22 referendum on the same issue was held.
15-23 (i) A public hearing regarding the proposed eradication
15-24 plan, including regulations to be promulgated by the commissioner,
15-25 shall be held in each of several locations within each boll weevil
16-1 eradication zone. The area posted for each hearing shall include
16-2 no more than six contiguous counties.
16-3 Sec. 74.115. FAILURE TO PAY ASSESSMENTS. (a) A cotton
16-4 grower who fails to pay an assessment levied under this subchapter
16-5 when due may be subject, after reasonable notice, to a penalty set
16-6 by the board.
16-7 (b) A cotton grower who fails to pay all assessments and
16-8 penalties before the 31st day after receiving notice of the
16-9 delinquency shall destroy any cotton growing on the grower's
16-10 acreage that is subject to the assessment. Cotton plants that are
16-11 not destroyed are a public nuisance, and, on recommendation of the
16-12 foundation, the department shall follow the procedures for
16-13 destruction of host plants provided by Subchapter A of this
16-14 chapter. The department may apply to a district court with
16-15 jurisdiction in the county in which the public nuisance is located
16-16 to have the nuisance condemned and destroyed. Injunctive relief
16-17 available to the department under this subchapter is in addition to
16-18 any other legal remedy available to the department. The department
16-19 is not required to file a bond in a proceeding under this
16-20 subsection.
16-21 (c) In addition to any other remedies for the collection of
16-22 assessments and penalties, the department may place and perfect a
16-23 lien on cotton produced and harvested before the destruction of
16-24 other cotton grown from the acreage that is subject to the
16-25 assessment that is due and unpaid. A buyer of cotton takes free of
17-1 the lien if the buyer has not received written or actual notice of
17-2 the lien from the department or if the buyer has paid for the
17-3 cotton by a check on which the department is named as a joint
17-4 payee. In an action to enforce the lien, the burden is on the
17-5 department to prove that the buyer of cotton received written or
17-6 actual notice of the lien. A buyer of cotton other than a person
17-7 buying cotton from the cotton grower takes free of the lien.
17-8 Sec. 74.116. EXEMPTION FROM ASSESSMENT PENALTIES. (a) The
17-9 commissioner by rule shall adopt criteria for exemption from
17-10 payment of assessment penalties under Section 74.115 of this code a
17-11 cotton grower for whom payment would impose an undue financial
17-12 burden.
17-13 (b) A cotton grower may not qualify for an exemption under
17-14 this section for a year in which the amount computed by subtracting
17-15 the assessments and penalties due under this subchapter from the
17-16 cotton grower's net income subject to federal income taxation is
17-17 greater than $15,000.
17-18 (c) A cotton grower who applies for an exemption under this
17-19 section must use a form prescribed by the commissioner. A cotton
17-20 grower must file a separate application form for each year for
17-21 which the cotton grower claims an exemption.
17-22 (d) The commissioner shall forward to the foundation a
17-23 completed exemption application form. The foundation shall
17-24 determine whether the applicant qualifies for an exemption and
17-25 shall notify the commissioner of its determination.
18-1 (e) On notification by the foundation that a cotton grower
18-2 qualifies for an exemption, the commissioner shall exempt the
18-3 cotton grower from payment of an assessment penalty under Section
18-4 74.115 of this code.
18-5 (f) On the foundation's recommendation, the commissioner may
18-6 establish a payment plan for a cotton grower applying for an
18-7 exemption under this section.
18-8 (g) The commissioner shall promptly notify an applicant of
18-9 the foundation's determination regarding the applicant's request
18-10 for an exemption.
18-11 (h) If an exemption under this section is denied,
18-12 assessments and penalties for the year for which the application is
18-13 made are due on the later of:
18-14 (1) the date on which they would be due in the absence
18-15 of an application for exemption; or
18-16 (2) 30 days after the date the applicant receives
18-17 notice of the denial.
18-18 Sec. 74.117. ENTRY OF PREMISES; ERADICATION ACTIVITIES;
18-19 INSPECTIONS. The department, the foundation, or a designated
18-20 representative of either entity may enter cotton fields or other
18-21 premises to carry out the purposes of this subchapter and
18-22 Subchapter A of this chapter, which include the treatment,
18-23 monitoring, and destruction of growing cotton or other host plants.
18-24 The department, the foundation, or a designated representative of
18-25 either entity may inspect fields or premises in this state for the
19-1 purpose of determining whether the property is infested with the
19-2 boll weevil. An inspection must be conducted during reasonable
19-3 daylight hours.
19-4 Sec. 74.118. AUTHORITY TO PROHIBIT PLANTING OF COTTON AND
19-5 REQUIRE PARTICIPATION IN ERADICATION PROGRAM. (a) The
19-6 commissioner may adopt reasonable rules regarding areas where
19-7 cotton may not be planted in an eradication zone if there is reason
19-8 to believe planting will jeopardize the success of the program or
19-9 present a hazard to public health or safety.
19-10 (b) The commissioner may adopt rules prohibiting the
19-11 planting of noncommercial cotton in eradication zones and requiring
19-12 that all growers of commercial cotton in an eradication zone
19-13 participate in a boll weevil eradication program that includes cost
19-14 sharing as required by the rules.
19-15 (c) Notice of prohibitions and requirements shall be given
19-16 by publication for one day each week for three successive weeks in
19-17 a newspaper having general circulation in the affected area.
19-18 (d) The commissioner may adopt a reasonable schedule of
19-19 penalty fees to be assessed against growers in a designated
19-20 eradication zone who do not meet the requirements of the rules
19-21 issued by the commissioner relating to reporting of acreage and
19-22 participation in cost sharing. The penalty fees adopted may not
19-23 exceed $50 per acre.
19-24 (e) If a grower fails to meet the requirements of rules
19-25 adopted by the commissioner, the commissioner may order the
20-1 destruction of cotton not in compliance with the rules. Costs
20-2 incurred by the commissioner in the destruction of cotton may be
20-3 assessed against the grower.
20-4 Sec. 74.119. AUTHORITY FOR DESTRUCTION OR TREATMENT OF
20-5 COTTON IN ERADICATION ZONES; COMPENSATION PAYABLE. The department
20-6 may destroy or treat volunteer or other noncommercial cotton and
20-7 establish procedures for the purchase and destruction of commercial
20-8 cotton in eradication zones if the department determines the action
20-9 is necessary to carry out the purposes of this subchapter. The
20-10 department is not liable to the owner or lessee for the destruction
20-11 of or injury to any cotton that was planted in an eradication zone
20-12 after publication of notice as provided by this subchapter. The
20-13 foundation is liable for the destruction of cotton if the cotton
20-14 was planted in an eradication zone before publication of the
20-15 notice.
20-16 Sec. 74.120. AUTHORITY TO ADOPT RULES. (a) The
20-17 commissioner shall adopt rules to protect individuals, livestock,
20-18 wildlife, and honeybee colonies on any premises in an eradication
20-19 zone on which cotton plants are being grown that have been or are
20-20 being treated to eradicate the boll weevil.
20-21 (b) Rules adopted under this section shall establish the
20-22 criteria by which the foundation develops its rules, procedures,
20-23 and methods of treatment, which rules:
20-24 (1) establish a methodology for determining when boll
20-25 weevil population levels have reached economic significance;
21-1 (2) establish an effective treatment regimen that
21-2 seeks to provide the least possible risk to workers, the public,
21-3 and the environment;
21-4 (3) minimize the effects of the use of pesticides on
21-5 long-term control methods, including but not limited to the effect
21-6 a particular pesticide may have on biological controls;
21-7 (4) establish methods for monitoring boll weevils and
21-8 secondary pests;
21-9 (5) establish methods for verifying pesticide use
21-10 reduction; and
21-11 (6) consider the acute and chronic toxicity of
21-12 particular pesticides and the quantity of particular pesticides
21-13 needed. Eradication zone treatment plans may take into account the
21-14 potential for the use of smaller quantities of more toxic
21-15 substances to result in fewer health and environmental risks than
21-16 larger quantities of less toxic substances.
21-17 (c) The foundation may adopt other reasonable rules it
21-18 considers necessary to carry out the purposes of this subchapter
21-19 and Subchapter A of this chapter. All rules issued under this
21-20 subchapter must be adopted and published in accordance with state
21-21 requirements. Rules adopted by the foundation under this section
21-22 shall be consistent with rules adopted by the commissioner under
21-23 this subchapter.
21-24 (d) An advisory committee shall be established to assist the
21-25 commissioner in the development of rules adopted under this
22-1 section. The advisory committee shall be composed of:
22-2 (1) three cotton producers from different regions of
22-3 the state, appointed by the commissioner;
22-4 (2) three entomologists with knowledge of the
22-5 principles of integrated pest management, at least one of whom has
22-6 special knowledge of nonchemical or biological pest control,
22-7 appointed by the commissioner;
22-8 (3) two individuals with experience representing the
22-9 general interests of the environment, appointed by the chair of the
22-10 Texas Water Commission or its successor agency;
22-11 (4) an environmental engineer with expert knowledge of
22-12 ground and surface water protection from contamination, appointed
22-13 by the chair of the Texas Natural Resource Conservation Commission;
22-14 (5) a toxicologist, appointed by the Commissioner of
22-15 Health; and
22-16 (6) an individual with experience representing the
22-17 general interests of consumers and an individual with experience
22-18 representing the general interests of agricultural workers,
22-19 appointed by the governor.
22-20 Sec. 74.121. REPORTS. Each person in an active eradication
22-21 zone growing cotton in this state shall furnish to the foundation
22-22 on forms supplied by the foundation information that the foundation
22-23 requires concerning the size and location of all commercial cotton
22-24 fields and of noncommercial patches of cotton grown for ornamental
22-25 or other purposes.
23-1 Sec. 74.122. QUARANTINE. The department may adopt rules
23-2 relating to quarantining areas of this state that are infested with
23-3 the boll weevil. The rules must address the storage of regulated
23-4 articles and the movement of regulated articles into and out of a
23-5 quarantined area. The department may also adopt rules governing
23-6 the movement of regulated articles from other states into this
23-7 state if the articles are known to be infested with the boll
23-8 weevil.
23-9 Sec. 74.123. DOCUMENTING REGULATED ARTICLES. To implement
23-10 this subchapter, the department may issue or authorize issuance of:
23-11 (1) a certificate that indicates that a regulated
23-12 article is not infested with the boll weevil; and
23-13 (2) a permit that provides for the movement of a
23-14 regulated article to a restricted designation for limited handling,
23-15 use, or processing.
23-16 Sec. 74.124. COOPERATIVE PROGRAMS AUTHORIZED. (a) The
23-17 foundation may carry out programs to destroy and eliminate the boll
23-18 weevil in this state by cooperating through written agreements
23-19 with:
23-20 (1) an agency of the federal government;
23-21 (2) a state agency;
23-22 (3) an appropriate agency of a foreign country
23-23 contiguous to the affected area to the extent allowed by federal
23-24 law;
23-25 (4) a person who is engaged in growing, processing,
24-1 marketing, or handling cotton; or
24-2 (5) a group of persons in this state involved in
24-3 similar programs to carry out the purposes of this subchapter.
24-4 (b) An agreement entered into under this section may provide
24-5 for cost sharing and for division of duties and responsibilities
24-6 under this subchapter and may include other provisions to carry out
24-7 the purposes of this subchapter.
24-8 Sec. 74.125. ORGANIC PRODUCERS. The board, in cooperation
24-9 with the commissioner, shall develop rules and procedures to:
24-10 (1) protect the eligibility of organic producers to be
24-11 certified by the commissioner;
24-12 (2) ensure that organic and transitional certification
24-13 by the commissioner continue to meet national certification
24-14 standards in order for organic cotton to maintain international
24-15 marketability; and
24-16 (3) maintain the effectiveness of the boll weevil
24-17 eradication program administered under this subchapter.
24-18 Sec. 74.126. PENALTIES. (a) A person who violates this
24-19 subchapter or a rule adopted under this subchapter or who alters,
24-20 forges, counterfeits, or uses without authority a certificate,
24-21 permit, or other document issued under this subchapter or under a
24-22 rule adopted under this subchapter commits an offense.
24-23 (b) An offense under this section is a Class C misdemeanor.
24-24 (c) If the commissioner determines that a violation of this
24-25 subchapter or a rule adopted under this subchapter has occurred,
25-1 the commissioner may request that the attorney general or the
25-2 county or district attorney of the county in which the alleged
25-3 violation occurred or is occurring file suit for civil, injunctive,
25-4 and/or other appropriate relief.
25-5 Sec. 74.127. SUNSET PROVISION. (a) The board is subject to
25-6 Chapter 325, Government Code (Texas Sunset Act). Unless continued
25-7 in existence as provided by that chapter, the board is abolished
25-8 and this subchapter expires September 1, 2004.
25-9 (b) The commissioner may order the dissolution of the
25-10 foundation at any time the commissioner determines that the
25-11 purposes of this subchapter have been fulfilled or that the
25-12 foundation is inoperative and abandoned. Dissolution shall be
25-13 conducted in accordance with Section 74.112 of this code.
25-14 SECTION 2. This Act takes effect June 1, 1993, except that
25-15 the Department of Agriculture may not destroy or treat cotton as
25-16 permitted by Section 74.118, Agriculture Code, as added by this
25-17 Act, before June 1, 1994.
25-18 SECTION 3. The importance of this legislation and the
25-19 crowded condition of the calendars in both houses create an
25-20 emergency and an imperative public necessity that the
25-21 constitutional rule requiring bills to be read on three several
25-22 days in each house be suspended, and this rule is hereby suspended,
25-23 and that this Act take effect and be in force according to its
25-24 terms, and it is so enacted.