By: Lucio S.B. No. 910
73R5279 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to boll weevil and pink bollworm control.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 74.004, Agriculture Code, is amended by
1-5 amending Subsections (a), (b), (c), and (f) and by adding
1-6 Subsection (j) to read as follows:
1-7 (a) On petition of the administrative committee of a pest
1-8 management zone, the department may establish regulated areas,
1-9 dates, and appropriate methods of destruction of stalks, other
1-10 parts, and products of host plants for boll weevils, including
1-11 requirements for destruction of foliage, fruiting structures, and
1-12 root systems of host plants after the harvest deadline.
1-13 (b) If on inspection of a field after the harvest deadline,
1-14 the department determines that host plants or any parts or products
1-15 of host plants have not been destroyed within the time specified by
1-16 regulation of the department, the department may declare the field
1-17 to be a public nuisance.
1-18 (c) On the declaration of a field as a public nuisance, the
1-19 department may take any action necessary to complete destruction of
1-20 host plants or host plant products or parts to prevent the spread
1-21 of boll weevils from the infested area and shall:
1-22 (1) immediately give written notice to any farm owner
1-23 and to the operator in charge of the field that the field is in
1-24 violation of this section, instructing the owner and operator to
2-1 destroy host plants or host plant products or parts within seven
2-2 days after the date written notice is received;
2-3 (2) publish the notice in a newspaper of general
2-4 circulation in the county where the land is located or <and> post
2-5 for a period of three consecutive days a copy of the notice on or
2-6 in the immediate vicinity of the field in violation, if either the
2-7 owner or operator of the field cannot be located after a reasonably
2-8 diligent effort by the department; and
2-9 (3) have the host plants or host plant products or
2-10 parts destroyed, if no response is received by the department from
2-11 either the owner or operator within four days after the date of
2-12 posting of the notice at the field or if the department considers a
2-13 response inadequate.
2-14 (f) If neither the farm owner nor operator reimburses the
2-15 department as provided by Subsection (e) of this section within 30
2-16 days after the date of the completion of department action under
2-17 Subsection (c) of this section, or, if an extension has been
2-18 granted under Subsection (d) of this section, within 30 days after
2-19 the date of expiration of the extension, the department may place a
2-20 lien against the property on which a violation of a department
2-21 regulation under this section has <the infestation> occurred.
2-22 (j) In this section, "harvest deadline" means a deadline set
2-23 by the department for harvesting a certain crop or, in the absence
2-24 of a department deadline, the 31st day after the date by which the
2-25 crop is customarily harvested in the region, as determined by the
2-26 department.
2-27 SECTION 2. Subchapter A, Chapter 74, Agriculture Code, is
3-1 amended by adding Section 74.0041 to read as follows:
3-2 Sec. 74.0041. REGULATION OF PLANTING DATES. On petition of
3-3 the administrative committee of a pest management zone, the
3-4 department may establish uniform planting dates for host plants.
3-5 SECTION 3. Section 74.054, Agriculture Code, is amended to
3-6 read as follows:
3-7 Sec. 74.054. REGULATION OF PINK BOLLWORM <GROWING>;
3-8 QUARANTINES. (a) The department may adopt rules governing the
3-9 control of pink bollworm under this subchapter <growing of a host
3-10 plant in an area in which, under prior law, the governor proclaimed
3-11 it unlawful to grow the host plant except under rules of the
3-12 department. In addition to other necessary rules, the rules may
3-13 include provisions for:>
3-14 <(1) planting of seed from noninfested territory;>
3-15 <(2) ginning at designated mills; or>
3-16 <(3) milling or disinfecting of all seed products
3-17 marketed within the area>.
3-18 (b) If, under prior law, the governor proclaimed a
3-19 quarantine against infested territory, no person may import into
3-20 Texas from the quarantined territory a substance susceptible to
3-21 pink bollworm infestation.
3-22 (c) The department shall maintain a rigid inspection of
3-23 substances susceptible to pink bollworm contamination that are
3-24 being carried from quarantined territory into this state.
3-25 SECTION 4. Section 74.057, Agriculture Code, is amended to
3-26 read as follows:
3-27 Sec. 74.057. Destruction of Host Plants. (a) If the
4-1 department considers it necessary to the protection of the cotton
4-2 industry of this state, the department may:
4-3 (1) establish regulated areas, dates, and appropriate
4-4 methods of destruction of host plants and host plant products; and
4-5 (2) require the destruction of or destroy any host
4-6 plant, host plant product, or field of host plants in which pink
4-7 bollworm is found or which is probably contaminated by being near
4-8 an infestation of pink bollworm.
4-9 (b) If on inspection of a field after the harvest deadline
4-10 the department determines that host plants or any parts or products
4-11 of host plants have not been destroyed within the time specified by
4-12 regulation of the department under this section, the department may
4-13 declare the field to be a public nuisance <Before exercising its
4-14 power under Subsection (a) of this section, the department shall
4-15 report the condition to the governor, setting out in detail the
4-16 area or amount of host plants or host plant products to be
4-17 destroyed. The governor shall declare the host plants or host
4-18 plant products to be a public menace>.
4-19 (c) On the declaration of a field as a public nuisance, the
4-20 department may take any action necessary to complete destruction of
4-21 host plants or host plant products or parts to prevent the spread
4-22 of pink bollworm from the infested area and shall:
4-23 (1) immediately give written notice to any farm owner
4-24 and to the operator in charge of the field that the field is in
4-25 violation of this section, instructing the owner and operator to
4-26 destroy host plants or host plant products or parts within seven
4-27 days after the date written notice is received;
5-1 (2) publish the notice in a newspaper of general
5-2 circulation in the county where the land is located or post for a
5-3 period of three consecutive days a copy of the notice on or in the
5-4 immediate vicinity of the field in violation, if either the owner
5-5 or operator of the field cannot be located after a reasonably
5-6 diligent effort by the department; and
5-7 (3) have the host plants or host plant products or
5-8 parts destroyed, if no response is received by the department from
5-9 either the owner or operator within four days after the date of
5-10 posting of the notice at the field or if the department considers a
5-11 response inadequate <The department may take any action necessary
5-12 to complete destruction of host plants or host plant products to
5-13 prevent the spread of pink bollworm from the infested area>.
5-14 (d) If adverse weather conditions or other good cause
5-15 exists, the commissioner may, on written request by a farm owner or
5-16 operator, grant an extension of the date of implementation of
5-17 appropriate host plant or host plant product or part destruction.
5-18 (e) If it becomes necessary for the department to contract
5-19 with someone to destroy host plants or host plant products or
5-20 parts, the farm owner or operator shall reimburse the department
5-21 for 1-1/2 times the actual costs required for destruction.
5-22 (f) If neither the farm owner nor operator reimburses the
5-23 department as provided by Subsection (e) of this section within 30
5-24 days after the date of the completion of department action under
5-25 Subsection (c) of this section, or, if an extension has been
5-26 granted under Subsection (d) of this section, within 30 days after
5-27 the date of expiration of the extension the department may place a
6-1 lien against the property on which a violation of a department
6-2 regulation under this section has occurred.
6-3 (g) The department may perfect the lien by filing the lien,
6-4 a sworn statement of the indebtedness, and a description of the
6-5 property subject to the lien with the county clerk of the county in
6-6 which the property is located. The lien must be filed within a
6-7 30-day period following the expiration of the 30-day period
6-8 described in Subsection (f) of this section. Within 180 days after
6-9 the date of filing the lien, the department may file suit in a
6-10 court of competent jurisdiction for collection of the account and
6-11 foreclosure of the lien. Neither the department nor any person to
6-12 whom the account is assigned may be required to post a cost bond in
6-13 the suit. The court shall enter judgment for the debt with
6-14 interest and costs of suit and foreclosing the lien on premises as
6-15 the court determines necessary for the defraying of expenses, court
6-16 costs, and the fees owed.
6-17 (h) All reimbursements and additional costs collected under
6-18 this section shall be deposited in the state treasury in a special
6-19 fund to be appropriated to the department to carry out this
6-20 subchapter.
6-21 (i) Reimbursement under Subsection (e) of this section does
6-22 not prevent the department from seeking criminal or civil sanctions
6-23 under this subchapter.
6-24 (j) In this section, "harvest deadline" has the meaning
6-25 assigned by Section 74.004 of this chapter.
6-26 SECTION 5. Section 74.056, Agriculture Code, is repealed.
6-27 SECTION 6. The importance of this legislation and the
7-1 crowded condition of the calendars in both houses create an
7-2 emergency and an imperative public necessity that the
7-3 constitutional rule requiring bills to be read on three several
7-4 days in each house be suspended, and this rule is hereby suspended,
7-5 and that this Act take effect and be in force from and after its
7-6 passage, and it is so enacted.