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 -------------------------------------------------------------------