1-1  By:  Sims                                              S.B. No. 231
    1-2        (In the Senate - Filed February 1, 1993; February 2, 1993,
    1-3  read first time and referred to Committee on Natural Resources;
    1-4  March 1, 1993, reported favorably by the following vote:  Yeas 10,
    1-5  Nays 0; March 1, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Sims               x                               
    1-9        Truan              x                               
   1-10        Armbrister         x                               
   1-11        Barrientos         x                               
   1-12        Bivins             x                               
   1-13        Brown              x                               
   1-14        Carriker           x                               
   1-15        Lucio              x                               
   1-16        Montford           x                               
   1-17        Ratliff                                        x   
   1-18        Shelley            x                               
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to the inactive status of the Southern Rolling Plains
   1-22  Cotton Producers Board and certain other agricultural boards.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Section 41.125, Agriculture Code, is amended to
   1-25  read as follows:
   1-26        Sec. 41.125.  INACTIVE STATUS.  (a)  The Texas Mohair
   1-27  Producers Board and the Texas Pork Producers Board are inactive as
   1-28  provided by Section 41.126 of this code until reactivated under
   1-29  Section 41.127 of this code.  Neither board is abolished, and a
   1-30  referendum election under Subchapter C of this chapter is not
   1-31  required to reactivate either board.
   1-32        (b)  The Southern Rolling Plains Cotton Producers Board is
   1-33  inactive as provided by Section 41.126 of this code until
   1-34  reactivated under Section 41.127 of this code.  The board is not
   1-35  abolished, and a referendum election under Subchapter C of this
   1-36  chapter is not required to reactivate the board.
   1-37        SECTION 2.  Section 41.126, Agriculture Code, is amended to
   1-38  read as follows:
   1-39        Sec. 41.126.  POWERS AND DUTIES.  (a) A board listed in
   1-40  Subsection (a) of Section 41.125 of this code may not exercise any
   1-41  powers under this chapter after the end of the board's 1989 fiscal
   1-42  year other than preparing and submitting the fiscal year 1989
   1-43  report required by Subsection (c) of Section 41.059 of this code.
   1-44        (b)  A board listed in Subsection (b) of Section 41.125 of
   1-45  this code may not exercise any powers under this chapter after the
   1-46  end of the board's 1993 fiscal year other than preparing and
   1-47  submitting the fiscal year 1993 report required by Subsection (c)
   1-48  of Section 41.059 of this code.
   1-49        (c)  After submitting the <1989> report required by
   1-50  Subsection (a) or (b) of this section, the board may not conduct
   1-51  biennial elections under Section 41.032 of this code or submit the
   1-52  report required by Subsection (c) of Section 41.059 of this code.
   1-53        (d) <(c)>  The board may collect the assessment only during
   1-54  the fiscal year for which a report is required by Subsection (a) or
   1-55  (b) of this section <1989>.
   1-56        (e) <(d)>  The board shall disburse funds as provided in the
   1-57  budget of the fiscal year for which a report is required by
   1-58  Subsection (a) or (b) of this section <1989>.  Money of the board
   1-59  remaining on the first day after that fiscal year <1989> shall
   1-60  remain in the board's depository bank until the board is
   1-61  reactivated or the department by rule provides for the disposition
   1-62  of the funds.
   1-63        (f) <(e)>  Members of the board serving on the date the final
   1-64  report is submitted continue to serve until their successors are
   1-65  elected and qualify for office.
   1-66        SECTION 3.  Subsection (a), Section 41.127, Agriculture Code,
   1-67  is amended to read as follows:
   1-68        (a)  The commissioner shall order the reactivation of a board
    2-1  listed in Subsection (a) or (b) of Section 41.125 of this code if:
    2-2              (1)  a majority of the members of the board petition
    2-3  the commissioner to reactivate the board and the commissioner
    2-4  determines that reactivation of the board is in the best interest
    2-5  of the producers subject to assessment by the board; or
    2-6              (2)  for a board listed in Subsection (a) of Section
    2-7  41.125 of this code, a federal assessment is not assessed on mohair
    2-8  or pork, as applicable.
    2-9        SECTION 4.  The importance of this legislation and the
   2-10  crowded condition of the calendars in both houses create an
   2-11  emergency and an imperative public necessity that the
   2-12  constitutional rule requiring bills to be read on three several
   2-13  days in each house be suspended, and this rule is hereby suspended,
   2-14  and that this Act take effect and be in force from and after its
   2-15  passage, and it is so enacted.
   2-16                               * * * * *
   2-17                                                         Austin,
   2-18  Texas
   2-19                                                         March 1, 1993
   2-20  Hon. Bob Bullock
   2-21  President of the Senate
   2-22  Sir:
   2-23  We, your Committee on Natural Resources to which was referred S.B.
   2-24  No. 231, have had the same under consideration, and I am instructed
   2-25  to report it back to the Senate with the recommendation that it do
   2-26  pass and be printed.
   2-27                                                         Sims,
   2-28  Chairman
   2-29                               * * * * *
   2-30                               WITNESSES
   2-31                                                  FOR   AGAINST  ON
   2-32  ___________________________________________________________________
   2-33  Name:  Sidney J. Long                            x
   2-34  Representing:  S. Rolling Plains Cotton Prod.
   2-35  City:  Robert Lee
   2-36  -------------------------------------------------------------------
   2-37  Name:  Bill M. Breese                                          x
   2-38  Representing:  TDA
   2-39  City:
   2-40  -------------------------------------------------------------------
   2-41  Name:  Stuart D. Lehi                            x
   2-42  Representing:  S. Rolling Plain Cotton Prod.
   2-43  City:  Point Rock
   2-44  -------------------------------------------------------------------
   2-45  Name:  Kenneth W. Gully                          x
   2-46  Representing:  S. Rolling Plains Cotton Prod.
   2-47  City:  Eola
   2-48  -------------------------------------------------------------------
   2-49  Name:  Clarence W. Kellermeir                    x
   2-50  Representing:  S. Rolling Plain Cotton Ass.
   2-51  City:  Point Rock
   2-52  -------------------------------------------------------------------