1-1 By: Sims S.B. No. 30
1-2 (In the Senate - Filed November 12, 1992; January 13, 1993,
1-3 read first time and referred to Committee on Natural Resources;
1-4 February 1, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 10, Nays 0;
1-6 February 1, 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 S.B. No. 30 By: Sims
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to providing for methods and procedures for the
1-24 eradication of boll weevils and the reduction in use of toxic
1-25 substances in the control of cotton insects; creating offenses and
1-26 providing penalties and injunctive relief.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 SECTION 1. Chapter 74, Agriculture Code, is amended by
1-29 adding Subchapter D to read as follows:
1-30 SUBCHAPTER D. OFFICIAL COTTON GROWERS' BOLL WEEVIL
1-31 ERADICATION FOUNDATION
1-32 Sec. 74.101. FINDINGS AND DECLARATION OF POLICY. (a) It is
1-33 hereby found and declared that:
1-34 (1) the boll weevil entered Texas from Mexico in 1892
1-35 and presents a major economic threat to Texas' cotton crop;
1-36 (2) there exists a need to develop, carry out, and
1-37 participate in programs of research such as disease and insect
1-38 control; marketing to show low risk of pests in interstate and
1-39 intrastate movement of cotton commodities; promotion of pest-free
1-40 cotton commodities which increase market demand; and education of
1-41 cotton raisers, cotton users, regulators, policymakers, and the
1-42 general public on the effect of pests on cotton, its utility, its
1-43 marketing, its yield, and its promotion; and
1-44 (3) it is the intent of the legislature that the
1-45 program is carried out with the best available integrated pest
1-46 management techniques.
1-47 (b) The department may recover costs for administration of
1-48 this subchapter.
1-49 (c) The creation and use of a boll weevil eradication
1-50 foundation as a vehicle to provide for assessments and governing
1-51 boards and to establish eradication zones in order to suppress and
1-52 eradicate boll weevils is consistent with the goals and uses of
1-53 revenue established under Article XVI, Section 68, of the Texas
1-54 Constitution.
1-55 Sec. 74.102. DEFINITIONS. In this subchapter:
1-56 (1) "Board" means the board of directors of the
1-57 official cotton growers' boll weevil eradication foundation.
1-58 (2) "Boll weevil" has the meaning assigned by Section
1-59 74.002 of this code.
1-60 (3) "Commissioner" means commissioner of agriculture.
1-61 (4) "Cotton" means:
1-62 (A) a cotton plant;
1-63 (B) a part of a cotton plant, including bolls,
1-64 stalks, flowers, roots, and leaves; or
1-65 (C) cotton products, including seed cotton,
1-66 cottonseed, and hulls.
1-67 (5) "Cotton grower" means an individual who:
1-68 (A) grows cotton; and
2-1 (B) receives direct income on or after June 1,
2-2 1992, from the sale of cotton.
2-3 (6) "Eradication" means elimination of boll weevils to
2-4 the extent that the commissioner does not consider further
2-5 elimination of boll weevils necessary to prevent economic loss to
2-6 cotton growers.
2-7 (7) "Eradication zone" means a geographic area in
2-8 which cotton growers by referendum approve their participation in a
2-9 boll weevil eradication program.
2-10 (8) "Foundation" means the official cotton growers'
2-11 boll weevil eradication foundation.
2-12 (9) "High Plains Boll Weevil Suppression Program Area"
2-13 includes Bailey, Borden, Briscoe, Castro, Cochran, Crosby, Dawson,
2-14 Deaf Smith, Dickens, Floyd, Gaines, Garza, Hale, Hockley, Howard,
2-15 Lamb, Lubbock, Lynn, Martin, Midland, Motley, Parmer, Swisher,
2-16 Terry, and Yoakum counties.
2-17 (10) "Host" means a plant or plant product in which
2-18 the boll weevil is capable of completing any portion of its life
2-19 cycle.
2-20 (11) "Infested" means the presence of the boll weevil
2-21 in any life stage or the existence of generally accepted
2-22 entomological evidence from which it may be concluded with
2-23 reasonable certainty that the boll weevil is present.
2-24 (12) "Integrated pest management" is the coordinated
2-25 use of pest and environmental information with available pest
2-26 control methods to prevent unacceptable levels of pest damage by
2-27 the most economical means and with the least possible hazard to
2-28 people, property, and the environment.
2-29 (13) "Regulated article" means an article carrying or
2-30 capable of carrying the boll weevil, including cotton plants, seed
2-31 cotton, gin trash, other hosts, or mechanical cotton harvesters.
2-32 (14) "St. Lawrence Cotton Growers Boll Weevil Control
2-33 Zone" includes Glasscock, Reagan, Upton, and south Midland
2-34 counties.
2-35 Sec. 74.103. CERTIFICATION BY COMMISSIONER; REQUIREMENTS.
2-36 (a) A nonprofit organization authorized under the laws of this
2-37 state that represents cotton growers may petition the commissioner
2-38 for certification as the organization authorized to:
2-39 (1) create a foundation;
2-40 (2) conduct the initial election of the board; and
2-41 (3) conduct referenda to establish eradication zones.
2-42 (b) A petition under this section must include:
2-43 (1) a geographic description of each proposed
2-44 eradication zone, including a separate proposed eradication zone
2-45 for the High Plains Boll Weevil Suppression Program Area and the
2-46 St. Lawrence Cotton Growers Boll Weevil Control Zone;
2-47 (2) an initial plan for representation for each
2-48 proposed eradication zone on a board consisting of 6, 9, 12, or 15
2-49 members; and
2-50 (3) any other information required by the
2-51 commissioner.
2-52 (c) Not later than the 60th day after the date on which the
2-53 commissioner receives a petition for certification, the
2-54 commissioner shall hold a public hearing to consider the pending
2-55 petition.
2-56 (d) After a hearing is held under Subsection (c) of this
2-57 section the commissioner may select one organization to implement
2-58 this subchapter and shall certify that the selected organization:
2-59 (1) has submitted a petition that complies with this
2-60 subchapter;
2-61 (2) can adequately represent the interests of cotton
2-62 growers in the proposed eradication zones described by the
2-63 organization's petition; and
2-64 (3) is authorized to conduct eradication zone
2-65 referenda and initial board elections under Sections 74.105 and
2-66 74.106 of this code.
2-67 (e) If more than one nonprofit organization petitions the
2-68 commissioner for certification under this section, the commissioner
2-69 shall select the organization that can best carry out the purposes
2-70 of this subchapter according to objective criteria determined by
3-1 the commissioner.
3-2 Sec. 74.104. CERTIFICATION; REVOCATION. (a) The
3-3 commissioner shall certify the petitioning organization selected
3-4 under Section 74.103 of this code as the organization authorized to
3-5 create an official boll weevil eradication foundation. The
3-6 selected organization may conduct the initial eradication zone
3-7 referenda and board elections. A certification is valid for the
3-8 purposes of this subchapter only and does not affect other
3-9 organizations or associations of cotton growers established for
3-10 other purposes.
3-11 (b) The commissioner shall certify only one organization
3-12 under this section. The commissioner may revoke the organization's
3-13 certification on 60 days written notice if the organization fails
3-14 to meet the requirements of this subchapter.
3-15 Sec. 74.105. ERADICATION ZONE REFERENDA. (a) The
3-16 organization certified under Section 74.104 of this code or the
3-17 foundation shall conduct a referendum in each proposed eradication
3-18 zone to determine whether cotton growers desire to establish an
3-19 official boll weevil eradication zone.
3-20 (b) Eradication zone referenda shall be conducted under the
3-21 procedures provided by Section 74.114 of this code.
3-22 (c) A proposed eradication zone referendum ballot must
3-23 include or be accompanied by information about the proposed
3-24 eradication zone, including:
3-25 (1) a statement of the purpose of the boll weevil
3-26 eradication program;
3-27 (2) the geographic area included in the proposed
3-28 eradication zone;
3-29 (3) a general summary of rules adopted by the
3-30 commissioner under Sections 74.114, 74.118, and 74.120 of this
3-31 code, including a description of:
3-32 (A) cotton grower responsibilities; and
3-33 (B) penalties for noncompliance with rules
3-34 adopted under this subchapter; and
3-35 (4) an address and toll-free telephone number that a
3-36 cotton grower may use to request more information about the
3-37 referendum or the boll weevil eradication program.
3-38 (d) If a referendum to establish an eradication zone fails,
3-39 the concurrent election of board members from the proposed
3-40 eradication zone under Section 74.106 of this code has no effect.
3-41 (e) The organization certified under Section 74.104 of this
3-42 code or the foundation, as appropriate, may call additional
3-43 referenda in a proposed eradication zone in which a referendum has
3-44 failed. An additional eradication zone referendum and concurrent
3-45 board election may be held no earlier than the 121st day after the
3-46 date of the last referendum.
3-47 (f) After the passage of any referendum, the eligible voters
3-48 shall be allowed, by subsequent referenda periodically as specified
3-49 in the initial referendum, to vote on whether to continue their
3-50 assessments. All of the requirements for an initial referendum
3-51 must be met in subsequent referenda.
3-52 Sec. 74.106. BOARD ELECTIONS. (a) The initial election for
3-53 board members from a proposed eradication zone shall be held
3-54 concurrently with an eradication zone referendum held under Section
3-55 74.105 of this code. Each zone shall be represented on the board.
3-56 (b) A board election shall be conducted under the procedures
3-57 provided by this section and Section 74.114 of this code.
3-58 (c) A cotton grower who is eligible to vote in a referendum
3-59 or election under this subchapter is eligible to be a candidate for
3-60 and member of the board.
3-61 (d) A cotton grower who wants to be a candidate for the
3-62 board must file an application with the secretary of the foundation
3-63 or, before certification of the organization under Section 74.104
3-64 of this code, the commissioner. The application must be:
3-65 (1) filed not later than the 30th day before the date
3-66 set for the board election;
3-67 (2) on a form approved by the commissioner; and
3-68 (3) signed by at least 10 cotton growers who are
3-69 eligible to vote in the board election.
3-70 (e) On receipt of an application and verification that the
4-1 application meets the requirements of Subsection (d) of this
4-2 section, an applicant's name shall be placed on the ballot for the
4-3 board election.
4-4 (f) An eligible voter may vote for a cotton grower whose
4-5 name does not appear on the official ballot by writing that
4-6 person's name on the ballot.
4-7 (g) A board election must be preceded by at least 45 days
4-8 notice published in one or more newspapers published and
4-9 distributed in the proposed or established eradication zone. The
4-10 notice shall be published not less than once a week for three
4-11 consecutive weeks. Not later than the 45th day before the date of
4-12 the election, direct written notice of the election shall be given
4-13 to each county agent in the eradication zone.
4-14 Sec. 74.107. COMPOSITION OF BOARD. (a) The High Plains
4-15 Boll Weevil Suppression Program Area and the St. Lawrence Cotton
4-16 Growers Boll Weevil Control Zone are separate zones for the
4-17 purposes of boll weevil eradication and may not be combined with
4-18 another area in an eradication zone under this subchapter.
4-19 (b) The board, with the commissioner's approval, may change
4-20 the number of board positions or the eradication zone
4-21 representation on the board. A change under this subsection may
4-22 not contravene another provision of this subchapter.
4-23 Sec. 74.108. BOARD POWERS. The board may:
4-24 (1) conduct board elections;
4-25 (2) conduct eradication zone referenda;
4-26 (3) conduct assessment referenda under Section 74.113
4-27 of this code;
4-28 (4) conduct programs consistent with the declaration
4-29 of policy stated in Section 74.101 of this code; and
4-30 (5) form an advisory committee composed of individuals
4-31 from this state, other states, or other countries and change
4-32 membership on the committee, as necessary. Any advisory committees
4-33 created under this subdivision for the purpose of establishing
4-34 treatment methods shall include among its members persons with
4-35 knowledge of the effects of different treatments on the health of
4-36 agricultural workers, the local population, and the ecosystem,
4-37 including but not limited to the effects of a particular method of
4-38 treatment on beneficial organisms, wildlife, the potential for
4-39 secondary infestations from nontarget pests, and the potential for
4-40 pest resistance to particular methods of treatment.
4-41 Sec. 74.109. BOARD DUTIES. (a) The board shall make
4-42 available for inspection at an annual independent audit all books,
4-43 records of account, and minutes of proceedings maintained by the
4-44 foundation.
4-45 (b) Not later than the 45th day after the last day of the
4-46 fiscal year, the board shall submit to the commissioner a report
4-47 itemizing all income and expenditures and describing all activities
4-48 of the foundation during the fiscal year.
4-49 (c) The foundation shall provide surety bonds in amounts
4-50 determined by the commissioner for employees or agents who handle
4-51 funds for the foundation.
4-52 (d) The foundation shall collect, receive, hold in trust,
4-53 and disburse all assessments and other funds collected under this
4-54 subchapter as trust funds of the foundation. The foundation board
4-55 is a state agency for exemption from taxation and indemnification
4-56 only and for no other purpose. Funds collected by the foundation
4-57 are not state funds and are not required to be deposited in the
4-58 state treasury. The foundation shall deposit all money collected
4-59 under this subchapter in a bank or other depository approved by the
4-60 board.
4-61 (e) The board shall collect data on the type and quantity of
4-62 pesticides used in accordance with this subchapter.
4-63 (f) All revenue collected under this subchapter shall be
4-64 used solely to finance programs approved by the commissioner as
4-65 consistent with this subchapter and applicable provisions of the
4-66 constitution.
4-67 Sec. 74.110. LIABILITY OF FOUNDATION MEMBERS, OFFICERS, AND
4-68 EMPLOYEES. (a) Except for instances of gross negligence,
4-69 individual criminal actions, or acts of dishonesty, the
4-70 foundation's members, officers, and employees are not individually
5-1 liable to a cotton grower or other person for:
5-2 (1) errors in judgment;
5-3 (2) mistakes; or
5-4 (3) other acts or omissions.
5-5 (b) A foundation member, officer, or employee is not
5-6 individually liable for an act or omission of another foundation
5-7 member, officer, or employee.
5-8 Sec. 74.111. BOARD MEMBER COMPENSATION. Board members serve
5-9 without compensation but are entitled to reimbursement for
5-10 reasonable and necessary expenses incurred in the discharge of
5-11 their duties.
5-12 Sec. 74.112. DISCONTINUATION OF PROGRAM AND FOUNDATION AND
5-13 DISPOSITION OF FUNDS ON DISCONTINUANCE. (a) On the determination
5-14 by the foundation that the boll weevil eradication program has been
5-15 completed in all eradication zones established under this
5-16 subchapter, the foundation shall provide notice of such completion
5-17 to the commissioner along with a request for discontinuance of the
5-18 eradication program and collection of the assessment. Any such
5-19 request shall include documentation supporting the eradication of
5-20 the boll weevil in all eradication zones and a plan for
5-21 discontinuance of the program and assessment.
5-22 (b) The commissioner shall determine whether or not the
5-23 further elimination of the boll weevil is necessary in the
5-24 eradication zones and approve or disapprove discontinuance of the
5-25 foundation and the plan for dissolution.
5-26 (c) On completion of dissolution, the foundation shall file
5-27 a final report with the commissioner, including a financial report,
5-28 and submit all remaining funds into the trust of the commissioner.
5-29 Final books of the foundation shall be filed with the commissioner
5-30 and are subject to audit by the department.
5-31 (d) The commissioner shall pay from the foundation's
5-32 remaining funds all of the foundation's outstanding obligations.
5-33 (e) Funds remaining after payment under Subsection (d) of
5-34 this section shall be returned to contributing cotton growers on a
5-35 pro rata basis.
5-36 (f) If 40 percent or more of the producers within a zone
5-37 participating in the program present to the foundation a petition
5-38 calling for a referendum of the qualified voters on the proposition
5-39 of discontinuing the program, the board shall conduct a referendum
5-40 for that purpose.
5-41 (g) The board shall give notice of the referendum, the
5-42 referendum shall be conducted, and the results shall be declared in
5-43 the manner provided by law for the original referendum and
5-44 election, with any necessary exceptions provided by rule of the
5-45 commissioner.
5-46 (h) The board shall conduct the referendum within 90 days of
5-47 the date of filing of the petition.
5-48 (i) Approval of the proposition is by majority vote of those
5-49 voting. If the proposition is approved, the program is abolished.
5-50 Sec. 74.113. ASSESSMENT REFERENDA. (a) The foundation
5-51 shall determine the assessment needed in each eradication zone to
5-52 accomplish the following goal: to finance programs of marketing,
5-53 promotion, research, and education calculated to increase the
5-54 production and use of cotton.
5-55 (b) The foundation shall propose in a referendum the:
5-56 (1) maximum assessment to be paid by cotton growers
5-57 having production in the eradication zone; and
5-58 (2) time for which the assessment will be made.
5-59 (c) The foundation may make an assessment in an eradication
5-60 zone at a level less than the assessment approved by the
5-61 referendum.
5-62 (d) The foundation shall conduct an assessment referendum
5-63 under the procedures provided by Section 74.114 of this code.
5-64 (e) If an assessment referendum is approved, the foundation
5-65 may collect the assessment.
5-66 (f) An assessment levied on cotton growers in an eradication
5-67 zone may be applied only to:
5-68 (1) eradication in that zone;
5-69 (2) the foundation's operating costs; and
5-70 (3) the conducting of other programs consistent with
6-1 the declaration of policy stated in Section 74.101 of this code.
6-2 Sec. 74.114. CONDUCT OF BOARD ELECTIONS AND REFERENDA;
6-3 BALLOTING. (a) The foundation shall conduct a referendum or board
6-4 election under its jurisdiction.
6-5 (b) The foundation shall bear all expenses incurred in
6-6 conducting a referendum or board election.
6-7 (c) The commissioner shall adopt rules for voting in the
6-8 initial board election and initial referenda to establish
6-9 eradication zones. The board shall adopt rules for voting in other
6-10 referenda and board elections. Rules adopted under this subsection
6-11 must include provisions for:
6-12 (1) who is a cotton grower eligible to vote in an
6-13 election;
6-14 (2) whether a board member is elected by a plurality
6-15 or a majority of the votes cast; and
6-16 (3) the area from which each board member is elected.
6-17 (d) A cotton grower having cotton production in a proposed
6-18 or established eradication zone is entitled to:
6-19 (1) vote in a referendum concerning the eradication
6-20 zone; and
6-21 (2) elect board members to represent the eradication
6-22 zone.
6-23 (e) An eligible cotton grower may vote only once in a
6-24 referendum or board election.
6-25 (f) Ballots in a referendum or board election may be mailed
6-26 to a central location to be initially determined by the
6-27 commissioner and later determined by the board. A cotton grower
6-28 eligible to vote in a referendum or board election shall be offered
6-29 the option of voting in person at the office of the county agent of
6-30 the Texas Agricultural Extension Service in the county in which the
6-31 cotton grower resides. A county agent shall hold ballots received
6-32 under this section in trust and shall count the ballots and report
6-33 the results to the commissioner and the foundation.
6-34 (g) A referendum is approved if:
6-35 (1) at least two-thirds of those voting vote in favor
6-36 of the referendum; or
6-37 (2) those voting in favor of the referendum farm more
6-38 than 50 percent, as determined by the commissioner, of the cotton
6-39 acreage in the relevant eradication zone.
6-40 (h) If a referendum under this subchapter is not approved,
6-41 the foundation may with the approval of the commissioner conduct
6-42 another referendum. A referendum under this subsection may not be
6-43 held before the 121st day after the date on which the last
6-44 referendum on the same issue was held.
6-45 (i) A public hearing regarding the proposed eradication
6-46 plan, including regulations to be promulgated by the commissioner,
6-47 shall be held in each of several locations within each boll weevil
6-48 eradication zone. The area posted for each hearing shall include
6-49 no more than six contiguous counties.
6-50 Sec. 74.115. FAILURE TO PAY ASSESSMENTS. (a) A cotton
6-51 grower who fails to pay an assessment levied under this subchapter
6-52 when due may be subject, after reasonable notice, to a penalty set
6-53 by the board.
6-54 (b) A cotton grower who fails to pay all assessments and
6-55 penalties before the 31st day after receiving notice of the
6-56 delinquency shall destroy any cotton growing on the grower's
6-57 acreage that is subject to the assessment. Cotton plants that are
6-58 not destroyed are a public nuisance, and, on recommendation of the
6-59 foundation, the department shall follow the procedures for
6-60 destruction of host plants provided by Subchapter A of this
6-61 chapter. The department may apply to a district court with
6-62 jurisdiction in the county in which the public nuisance is located
6-63 to have the nuisance condemned and destroyed. Injunctive relief
6-64 available to the department under this subchapter is in addition to
6-65 any other legal remedy available to the department. The department
6-66 is not required to file a bond in a proceeding under this
6-67 subsection.
6-68 (c) In addition to any other remedies for the collection of
6-69 assessments and penalties, the department may place and perfect a
6-70 lien on cotton produced and harvested before the destruction of
7-1 other cotton grown from the acreage that is subject to the
7-2 assessment that is due and unpaid. A buyer of cotton takes free of
7-3 the lien if the buyer has not received written or actual notice of
7-4 the lien from the department or if the buyer has paid for the
7-5 cotton by a check on which the department is named as a joint
7-6 payee. In an action to enforce the lien, the burden is on the
7-7 department to prove that the buyer of cotton received written or
7-8 actual notice of the lien. A buyer of cotton other than a person
7-9 buying cotton from the cotton grower takes free of the lien.
7-10 Sec. 74.116. EXEMPTION FROM ASSESSMENT PENALTIES. (a) The
7-11 commissioner by rule shall adopt criteria for exemption from
7-12 payment of assessment penalties under Section 74.115 of this code a
7-13 cotton grower for whom payment would impose an undue financial
7-14 burden.
7-15 (b) A cotton grower may not qualify for an exemption under
7-16 this section for a year in which the amount computed by subtracting
7-17 the assessments and penalties due under this subchapter from the
7-18 cotton grower's net income subject to federal income taxation is
7-19 greater than $15,000.
7-20 (c) A cotton grower who applies for an exemption under this
7-21 section must use a form prescribed by the commissioner. A cotton
7-22 grower must file a separate application form for each year for
7-23 which the cotton grower claims an exemption.
7-24 (d) The commissioner shall forward to the foundation a
7-25 completed exemption application form. The foundation shall
7-26 determine whether the applicant qualifies for an exemption and
7-27 shall notify the commissioner of its determination.
7-28 (e) On notification by the foundation that a cotton grower
7-29 qualifies for an exemption, the commissioner shall exempt the
7-30 cotton grower from payment of an assessment penalty under Section
7-31 74.115 of this code.
7-32 (f) On the foundation's recommendation, the commissioner may
7-33 establish a payment plan for a cotton grower applying for an
7-34 exemption under this section.
7-35 (g) The commissioner shall promptly notify an applicant of
7-36 the foundation's determination regarding the applicant's request
7-37 for an exemption.
7-38 (h) If an exemption under this section is denied,
7-39 assessments and penalties for the year for which the application is
7-40 made are due on the later of:
7-41 (1) the date on which they would be due in the absence
7-42 of an application for exemption; or
7-43 (2) 30 days after the date the applicant receives
7-44 notice of the denial.
7-45 Sec. 74.117. ENTRY OF PREMISES; ERADICATION ACTIVITIES;
7-46 INSPECTIONS. The department, the foundation, or a designated
7-47 representative of either entity may enter cotton fields or other
7-48 premises to carry out the purposes of this subchapter and
7-49 Subchapter A of this chapter, which include the treatment,
7-50 monitoring, and destruction of growing cotton or other host plants.
7-51 The department, the foundation, or a designated representative of
7-52 either entity may inspect fields or premises in this state for the
7-53 purpose of determining whether the property is infested with the
7-54 boll weevil. An inspection must be conducted during reasonable
7-55 daylight hours.
7-56 Sec. 74.118. AUTHORITY TO PROHIBIT PLANTING OF COTTON AND
7-57 REQUIRE PARTICIPATION IN ERADICATION PROGRAM. (a) The
7-58 commissioner may adopt reasonable rules regarding areas where
7-59 cotton may not be planted in an eradication zone if there is reason
7-60 to believe planting will jeopardize the success of the program or
7-61 present a hazard to public health or safety.
7-62 (b) The commissioner may adopt rules prohibiting the
7-63 planting of noncommercial cotton in eradication zones and requiring
7-64 that all growers of commercial cotton in an eradication zone
7-65 participate in a boll weevil eradication program that includes cost
7-66 sharing as required by the rules.
7-67 (c) Notice of prohibitions and requirements shall be given
7-68 by publication for one day each week for three successive weeks in
7-69 a newspaper having general circulation in the affected area.
7-70 (d) The commissioner may adopt a reasonable schedule of
8-1 penalty fees to be assessed against growers in a designated
8-2 eradication zone who do not meet the requirements of the rules
8-3 issued by the commissioner relating to reporting of acreage and
8-4 participation in cost sharing. The penalty fees adopted may not
8-5 exceed $50 per acre.
8-6 (e) If a grower fails to meet the requirements of rules
8-7 adopted by the commissioner, the commissioner may order the
8-8 destruction of cotton not in compliance with the rules. Costs
8-9 incurred by the commissioner in the destruction of cotton may be
8-10 assessed against the grower.
8-11 Sec. 74.119. AUTHORITY FOR DESTRUCTION OR TREATMENT OF
8-12 COTTON IN ERADICATION ZONES; COMPENSATION PAYABLE. The department
8-13 may destroy or treat volunteer or other noncommercial cotton and
8-14 establish procedures for the purchase and destruction of commercial
8-15 cotton in eradication zones if the department determines the action
8-16 is necessary to carry out the purposes of this subchapter. The
8-17 department is not liable to the owner or lessee for the destruction
8-18 of or injury to any cotton that was planted in an eradication zone
8-19 after publication of notice as provided by this subchapter. The
8-20 foundation is liable for the destruction of cotton if the cotton
8-21 was planted in an eradication zone before publication of the
8-22 notice.
8-23 Sec. 74.120. AUTHORITY TO ADOPT RULES. (a) The
8-24 commissioner shall adopt rules to protect individuals, livestock,
8-25 wildlife, and honeybee colonies on any premises in an eradication
8-26 zone on which cotton plants are being grown that have been or are
8-27 being treated to eradicate the boll weevil.
8-28 (b) Rules adopted under this section shall establish the
8-29 criteria by which the foundation develops its rules, procedures,
8-30 and methods of treatment, which rules:
8-31 (1) establish a methodology for determining when boll
8-32 weevil population levels have reached economic significance;
8-33 (2) establish an effective treatment regimen that
8-34 seeks to provide the least possible risk to workers, the public,
8-35 and the environment;
8-36 (3) minimize the effects of the use of pesticides on
8-37 long-term control methods, including but not limited to the effect
8-38 a particular pesticide may have on biological controls;
8-39 (4) establish methods for monitoring boll weevils and
8-40 secondary pests;
8-41 (5) establish methods for verifying pesticide use
8-42 reduction; and
8-43 (6) consider the acute and chronic toxicity of
8-44 particular pesticides and the quantity of particular pesticides
8-45 needed. Eradication zone treatment plans may take into account the
8-46 potential for the use of smaller quantities of more toxic
8-47 substances to result in fewer health and environmental risks than
8-48 larger quantities of less toxic substances.
8-49 (c) The foundation may adopt other reasonable rules it
8-50 considers necessary to carry out the purposes of this subchapter
8-51 and Subchapter A of this chapter. All rules issued under this
8-52 subchapter must be adopted and published in accordance with state
8-53 requirements. Rules adopted by the foundation under this section
8-54 shall be consistent with rules adopted by the commissioner under
8-55 this subchapter.
8-56 (d) An advisory committee shall be established to assist the
8-57 commissioner in the development of rules adopted under this
8-58 section. The advisory committee shall be composed of:
8-59 (1) three cotton producers from different regions of
8-60 the state, appointed by the commissioner;
8-61 (2) three entomologists with knowledge of the
8-62 principles of integrated pest management, at least one of whom has
8-63 special knowledge of nonchemical or biological pest control,
8-64 appointed by the commissioner;
8-65 (3) two individuals with experience representing the
8-66 general interests of the environment, appointed by the chair of the
8-67 Texas Water Commission or its successor agency;
8-68 (4) an environmental engineer with expert knowledge of
8-69 ground and surface water protection from contamination, appointed
8-70 by the chair of the Texas Natural Resource Conservation Commission;
9-1 (5) a toxicologist, appointed by the Commissioner of
9-2 Health; and
9-3 (6) an individual with experience representing the
9-4 general interests of consumers and an individual with experience
9-5 representing the general interests of agricultural workers,
9-6 appointed by the governor.
9-7 Sec. 74.121. REPORTS. Each person in an active eradication
9-8 zone growing cotton in this state shall furnish to the foundation
9-9 on forms supplied by the foundation information that the foundation
9-10 requires concerning the size and location of all commercial cotton
9-11 fields and of noncommercial patches of cotton grown for ornamental
9-12 or other purposes.
9-13 Sec. 74.122. QUARANTINE. The department may adopt rules
9-14 relating to quarantining areas of this state that are infected with
9-15 the boll weevil. The rules must address the storage of regulated
9-16 articles and the movement of regulated articles into and out of a
9-17 quarantined area. The department may also adopt rules governing
9-18 the movement of regulated articles from other states into this
9-19 state if the articles are known to be infested with the boll
9-20 weevil.
9-21 Sec. 74.123. DOCUMENTING REGULATED ARTICLES. To implement
9-22 this subchapter, the department may issue or authorize issuance of:
9-23 (1) a certificate that indicates that a regulated
9-24 article is not infested with the boll weevil; and
9-25 (2) a permit that provides for the movement of a
9-26 regulated article to a restricted designation for limited handling,
9-27 use, or processing.
9-28 Sec. 74.124. COOPERATIVE PROGRAMS AUTHORIZED. (a) The
9-29 foundation may carry out programs to destroy and eliminate the boll
9-30 weevil in this state by cooperating through written agreements
9-31 with:
9-32 (1) an agency of the federal government;
9-33 (2) a state agency;
9-34 (3) an appropriate agency of a foreign country
9-35 contiguous to the affected area to the extent allowed by federal
9-36 law;
9-37 (4) a person who is engaged in growing, processing,
9-38 marketing, or handling cotton; or
9-39 (5) a group of persons in this state involved in
9-40 similar programs to carry out the purposes of this subchapter.
9-41 (b) An agreement entered into under this section may provide
9-42 for cost sharing and for division of duties and responsibilities
9-43 under this subchapter and may include other provisions to carry out
9-44 the purposes of this subchapter.
9-45 Sec. 74.125. ORGANIC PRODUCERS. The board, in cooperation
9-46 with the commissioner, shall develop rules and procedures to:
9-47 (1) protect the eligibility of organic producers to be
9-48 certified by the commissioner;
9-49 (2) ensure that organic and transitional certification
9-50 by the commissioner continue to meet national certification
9-51 standards in order for organic cotton to maintain international
9-52 marketability; and
9-53 (3) maintain the effectiveness of the boll weevil
9-54 eradication program administered under this subchapter.
9-55 Sec. 74.126. PENALTIES. (a) A person who violates this
9-56 subchapter or a rule adopted under this subchapter or who alters,
9-57 forges, counterfeits, or uses without authority a certificate,
9-58 permit, or other document issued under this subchapter or under a
9-59 rule adopted under this subchapter commits an offense.
9-60 (b) An offense under this section is a Class C misdemeanor.
9-61 (c) If the commissioner determines that a violation of this
9-62 subchapter or a rule adopted under this subchapter has occurred,
9-63 the commissioner may request that the attorney general or the
9-64 county or district attorney of the county in which the alleged
9-65 violation occurred or is occurring file suit for civil, injunctive,
9-66 and/or other appropriate relief.
9-67 Sec. 74.127. SUNSET PROVISION. (a) The board is subject to
9-68 Chapter 325, Government Code (Texas Sunset Act). Unless continued
9-69 in existence as provided by that chapter, the board is abolished
9-70 and this subchapter expires September 1, 2004.
10-1 (b) The commissioner may order the dissolution of the
10-2 foundation at any time the commissioner determines that the
10-3 purposes of this subchapter have been fulfilled or that the
10-4 foundation is inoperative and abandoned. Dissolution shall be
10-5 conducted in accordance with Section 74.112 of this code.
10-6 SECTION 2. This Act takes effect June 1, 1993, except that
10-7 the Department of Agriculture may not destroy or treat cotton as
10-8 permitted by Section 74.118, Agriculture Code, as added by this
10-9 Act, before June 1, 1994.
10-10 SECTION 3. The importance of this legislation and the
10-11 crowded condition of the calendars in both houses create an
10-12 emergency and an imperative public necessity that the
10-13 constitutional rule requiring bills to be read on three several
10-14 days in each house be suspended, and this rule is hereby suspended,
10-15 and that this Act take effect and be in force according to its
10-16 terms, and it is so enacted.
10-17 * * * * *
10-18 Austin,
10-19 Texas
10-20 February 1, 1993
10-21 Hon. Bob Bullock
10-22 President of the Senate
10-23 Sir:
10-24 We, your Committee on Natural Resources to which was referred S.B.
10-25 No. 30, have had the same under consideration, and I am instructed
10-26 to report it back to the Senate with the recommendation that it do
10-27 not pass, but that the Committee Substitute adopted in lieu thereof
10-28 do pass and be printed.
10-29 Sims,
10-30 Chairman
10-31 * * * * *
10-32 WITNESSES
10-33 FOR AGAINST ON
10-34 ___________________________________________________________________
10-35 Name: Scott Royder X
10-36 Representing: Sierra Club
10-37 City: Austin
10-38 -------------------------------------------------------------------
10-39 Name: Mike Wallace X
10-40 Representing: Texas Pest Mgmt. Assn.
10-41 City: Austin
10-42 -------------------------------------------------------------------
10-43 Name: Lindy W. Patton X
10-44 Representing: Rolling Plains Cotton
10-45 Growers
10-46 City: Stamford
10-47 -------------------------------------------------------------------
10-48 Name: Richard Henry Graham X
10-49 Representing: Texas Beekeepers Assn.
10-50 City: Donna
10-51 -------------------------------------------------------------------
10-52 Name: Susan S. Pittman X
10-53 Representing: The Chemical Connection
10-54 City: Wimberley
10-55 -------------------------------------------------------------------
10-56 Name: Ralph Romins X
10-57 Representing: S.A.F.E.
10-58 City: Round Rock
10-59 -------------------------------------------------------------------
10-60 Name: Reginald James X
10-61 Representing: Consumers Union
10-62 City: Austin
10-63 -------------------------------------------------------------------
10-64 Name: Mary Margaret Spearman X
10-65 Representing: TX. Dept. of Agriculture
10-66 City: Austin
10-67 -------------------------------------------------------------------
10-68 Name: Rick Perry X
10-69 Representing: Texas Dept. of Agriculture
10-70 City: Austin
11-1 -------------------------------------------------------------------
11-2 Name: Alvin Ashorn X
11-3 Representing: Texas Dept. of Agriculture
11-4 City: Austin
11-5 -------------------------------------------------------------------
11-6 Name: Dr. Edgar G. King X
11-7 Representing: U.S. Dept. of Agriculture
11-8 City: Weslaco
11-9 -------------------------------------------------------------------
11-10 FOR AGAINST ON
11-11 ___________________________________________________________________
11-12 Name: Dr. Kenneth R. Summy X
11-13 Representing: Agriculture Resource Service
11-14 City: Weslaco
11-15 -------------------------------------------------------------------
11-16 Name: Mr. T. A. Knauf X
11-17 Representing: Fermone Corp.
11-18 City: Weslaco
11-19 -------------------------------------------------------------------
11-20 Name: Ray E. Frisbie X
11-21 Representing: Texas Ag. Extension Service
11-22 City: College Station
11-23 -------------------------------------------------------------------
11-24 Name: William R. Bickley X
11-25 Representing: TX Cotton Producers Assoc.
11-26 City: Pecos
11-27 -------------------------------------------------------------------
11-28 Name: Jim Ed Miller X
11-29 Representing: Texas Cotton Producers
11-30 City: Ft. Hancock
11-31 -------------------------------------------------------------------
11-32 Name: M. A. "Buddy" Maedgen X
11-33 Representing: Biofac Inc.
11-34 City: Mathis
11-35 -------------------------------------------------------------------
11-36 Name: Dr. Robert Breene, III X
11-37 Representing: Sierra Club
11-38 City: S. Padre Island
11-39 -------------------------------------------------------------------
11-40 Name: Dr. Neil Carmon X
11-41 Representing: Sierra Club
11-42 City: Austin
11-43 -------------------------------------------------------------------
11-44 Name: Elizabeth O'Nan X
11-45 Representing: Protect All Children's
11-46 Envir.
11-47 City: Marble Falls
11-48 -------------------------------------------------------------------
11-49 Name: Clifford Hoelscher X
11-50 Representing: St. Lawrence Cotton Growers
11-51 City: Garden City
11-52 -------------------------------------------------------------------
11-53 Name: Rebecca Harrington X
11-54 Representing: United Farm Workers
11-55 City: Austin
11-56 -------------------------------------------------------------------
11-57 Name: Jeffrey Stefanoff X
11-58 Representing: Hays Co. Guardian
11-59 City: Driftwood
11-60 -------------------------------------------------------------------
11-61 Name: Danny Freeman X
11-62 Representing: self - organic cotton farmer
11-63 City: Trent
11-64 -------------------------------------------------------------------
11-65 Name: Durwood Tucker X
11-66 Representing: Texas Farm Bureau
11-67 City: Austin
11-68 -------------------------------------------------------------------
11-69 Name: LaRhea Pepper X
11-70 Representing: TX Organic Cotton Growers
12-1 Assn
12-2 City: O'Donnell
12-3 -------------------------------------------------------------------
12-4 Name: Terry Pepper X
12-5 Representing: TX Organic Cotton Growers
12-6 Assn
12-7 City: O'Donnell
12-8 -------------------------------------------------------------------
12-9 FOR AGAINST ON
12-10 ___________________________________________________________________
12-11 Name: Tony Williams X
12-12 Representing: TX Cotton Ginners Assn
12-13 City: Austin
12-14 -------------------------------------------------------------------
12-15 Name: Gene "Preston" Belt X
12-16 Representing: BioFac Inc.
12-17 City: Mathis
12-18 -------------------------------------------------------------------
12-19 Name: Glen Boenig X
12-20 Representing: S. TX Cotton & Grain
12-21 City: Woodsboro
12-22 -------------------------------------------------------------------
12-23 Name: Joe D. Rankin X
12-24 Representing: TX Farmers Union
12-25 City: Ralls
12-26 -------------------------------------------------------------------
12-27 Name: Sandra Skrei X
12-28 Representing: Natl. Audubon Society
12-29 City: Austin
12-30 -------------------------------------------------------------------
12-31 Name: Carol Edwards X
12-32 Representing: Audubon Council of Texas
12-33 City: Austin
12-34 -------------------------------------------------------------------
12-35 Name: Lin E. Ehrlich X
12-36 Representing: Austin Organic Gardeners
12-37 City: Austin
12-38 -------------------------------------------------------------------
12-39 Name: Keith Jones X
12-40 Representing: Governor's Office
12-41 City: Austin
12-42 -------------------------------------------------------------------