S.B. No. 231
AN ACT
1-1 relating to the inactive status of the Southern Rolling Plains
1-2 Cotton Producers Board and certain other agricultural boards.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 41.125, Agriculture Code, is amended to
1-5 read as follows:
1-6 Sec. 41.125. INACTIVE STATUS. (a) The Texas Mohair
1-7 Producers Board and the Texas Pork Producers Board are inactive as
1-8 provided by Section 41.126 of this code until reactivated under
1-9 Section 41.127 of this code. Neither board is abolished, and a
1-10 referendum election under Subchapter C of this chapter is not
1-11 required to reactivate either board.
1-12 (b) The Southern Rolling Plains Cotton Producers Board is
1-13 inactive as provided by Section 41.126 of this code until
1-14 reactivated under Section 41.127 of this code. The board is not
1-15 abolished, and a referendum election under Subchapter C of this
1-16 chapter is not required to reactivate the board.
1-17 SECTION 2. Section 41.126, Agriculture Code, is amended to
1-18 read as follows:
1-19 Sec. 41.126. POWERS AND DUTIES. (a) A board listed in
1-20 Subsection (a) of Section 41.125 of this code may not exercise any
1-21 powers under this chapter after the end of the board's 1989 fiscal
1-22 year other than preparing and submitting the fiscal year 1989
1-23 report required by Subsection (c) of Section 41.059 of this code.
1-24 (b) A board listed in Subsection (b) of Section 41.125 of
2-1 this code may not exercise any powers under this chapter after the
2-2 end of the board's 1993 fiscal year other than preparing and
2-3 submitting the fiscal year 1993 report required by Subsection (c)
2-4 of Section 41.059 of this code.
2-5 (c) After submitting the <1989> report required by
2-6 Subsection (a) or (b) of this section, the board may not conduct
2-7 biennial elections under Section 41.032 of this code or submit the
2-8 report required by Subsection (c) of Section 41.059 of this code.
2-9 (d) <(c)> The board may collect the assessment only during
2-10 the fiscal year for which a report is required by Subsection (a) or
2-11 (b) of this section <1989>.
2-12 (e) <(d)> The board shall disburse funds as provided in the
2-13 budget of the fiscal year for which a report is required by
2-14 Subsection (a) or (b) of this section <1989>. Money of the board
2-15 remaining on the first day after that fiscal year <1989> shall
2-16 remain in the board's depository bank until the board is
2-17 reactivated or the department by rule provides for the disposition
2-18 of the funds.
2-19 (f) <(e)> Members of the board serving on the date the final
2-20 report is submitted continue to serve until their successors are
2-21 elected and qualify for office.
2-22 SECTION 3. Subsection (a), Section 41.127, Agriculture Code,
2-23 is amended to read as follows:
2-24 (a) The commissioner shall order the reactivation of a board
2-25 listed in Subsection (a) or (b) of Section 41.125 of this code if:
2-26 (1) a majority of the members of the board petition
2-27 the commissioner to reactivate the board and the commissioner
3-1 determines that reactivation of the board is in the best interest
3-2 of the producers subject to assessment by the board; or
3-3 (2) for a board listed in Subsection (a) of Section
3-4 41.125 of this code, a federal assessment is not assessed on mohair
3-5 or pork, as applicable.
3-6 SECTION 4. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended,
3-11 and that this Act take effect and be in force from and after its
3-12 passage, and it is so enacted.