BILL ANALYSIS
C.S.H.B. 2341
By: Ramsay
04-05-95
Committee Report (Substituted)
BACKGROUND
Imported fire ants (IFA) impose a grievous social and monetary
impact on Texas. Infestation covers 60 million acres across 150
counties from Brownsville to Lubbock and into the entire eastern
half of the state. In 1990, authorities estimated that each
year, fire ants burden the state with over $47 million in
expenses to compensate for damages to crops, electrical
equipment, chemicals used to combat IFA, and medical costs for
people and animals that had been harmed by IFA. Fire ants
prevent people from enjoying the outdoors, pose threats to
children, elders and pets, and cause power outages since IFA have
an attraction to electricity. IFA hinder agriculture by eating
germinating seeds, causing damage to corn and soybean crops, and
by blinding and killing young animals. The only known advantage
of the fire ant is that it kills boll weevils, sugar cane borers
and ticks.
In 1987, the Texas Legislature created the Fire Ant Advisory
Board under the direction of the Texas Department of Agriculture
(TDA). However, the board was not funded, resulting in its
limited success. The TDA is in the final stages of a memo of
understanding to convey the administration of the fire ant
program to Texas Tech University. Other universities in Texas,
in addition to Texas Tech, have conducted fire ant research and
disseminated information to
the public.
PURPOSE
This bill would create the Fire Ant Research and Management
Account Advisory Committee within the Texas Agricultural
Experiment Station and would charge the committee with
administering fire ant research, soliciting and securing funding,
encouraging communication with other states infested with IFA,
and providing and promoting educational programs on management
and treatment of the ant.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill expressly grants
rulemaking authority to the Fire Ant Research and Management
Account Advisory Committee in SECTION 1 [Subsection 88.215(f)].
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter C, Chapter 88, Education Code, by
adding Section 88.215 as follows:
Section 88.215. FIRE ANT RESEARCH AND MANAGEMENT ACCOUNT ADVISORY COMMITTEE.
(a) Establishes the Fire Ant Research and Management
Account Advisory Committee within the Texas Agricultural
Experiment Station.
(b) Sets forth that the committee shall consist of 9
members as follows:
(1) a representative of Texas A&M University
appointed by the director of the Texas Agricultural
Experiment Station;
(2) a representative of Texas Tech University
appointed by its dean of the College of Agriculture.
(3) a representative of The University of Texas
appointed by its vice president for research.
(4) a representative of the Texas Department of
Agriculture appointed by the commissioner of agriculture.
(5) a representative of the Texas Parks and Wildlife
Department appointed by the director of the
department.
(6) a representative of the Public Utility Commission
of Texas appointed by the executive director of the
commission.
(7) a representative of municipal governments
appointed by the governor.
(8) a representative of the general public appointed
by the governor.
(9) a representative of the agribusiness industry
appointed by the governor.
(c) Sets forth that members shall serve two-year staggered
terms. The terms of members listed in subsections (b), (1)-(5), shall expire February 1st of odd numbered years.
Remaining members terms shall expire February 1st of even
numbered years. A member may serve more than one term.
(d) Sets forth that the committee members shall elect a
presiding officer to serve a two-year term.
(e) Sets forth that the committee must meet at least two
times a year.
(f) Permits the committee to adopt rules for its internal
procedures.
(g) Prohibits the committee from expending more than 20
percent of its available funds on administrative expenses.
(h) Sets forth that members of the committee are not
entitled to compensation for service on the advisory board. A
member of the board who represents a university or state
agency may receive reimbursement for travel expenses from his
agency or university. Other members must pay their own
expenses.
(i) Sets forth the duties of the advisory committee as
follows:
(1) advise, assist, and direct the Texas Agricultural
Experiment Station in fire ant research;
(2) encourage communication with other states that
are infested with fire ants; and
(3) establish a framework for more efficient fire ant
management.
(j) Sets forth that the Texas Agricultural Experiment
Station shall:
(1) administer the fire ant basic research program
under Section 77.022, Agriculture Code;
(2) solicit, distribute, and create grant and other
funding programs;
(3) obtain the maximum amount of federal funds
available for fire ant research and management; and
(4) develop a research program.
(k) Sets forth that the Texas Agricultural Extension
Service shall:
(1) provide educational programs on fire ant
infestation and treatment; and
(2) conduct public awareness programs on fire ant
infestation and treatment by using the media,
publications and demonstrations.
SECTION 2. Amends Sections 77.022, Agriculture Code, by
transferring the duties and rights of the Fire Ant Advisory Board
to the Fire Ant Research and Management Account Advisory
Committee in the Texas Agricultural Experiment Station.
SECTION 3. Repeals Section 77.021. FIRE ANT ADVISORY BOARD, from
the Agriculture Code.
SECTION 4. This Act takes effect September 1, 1995. On that
date, the Fire Ant Advisory Board will be abolished and the Fire
Ant Research and Management Advisory Committee will assume all of
its obligations and assets. The terms of the initial members of
the committee listed in SECTION 1 [Sections 88.215(b) (1)-(5)]
will expire February 1, 1997. The terms of the remaining initial
members will expire February 1, 1996.
SECTION 5. Requires the Texas Agricultural Experiment Station,
in cooperation with the advisory committee, to create a report to
present to the lieutenant governor, the speaker of the house of
representatives, and the chairs of the legislative agriculture
committees in each house of the legislature. Sets forth the
contents of the report.
SECTION 6. Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute reduces the advisory committee from 13 to 9
members by excluding representatives from the following agencies
or groups: the Texas Department of Health, the livestock and
cattle industry, county governments, rural areas and medical
professionals; and by adding a representative from the
agribusiness industry. In the case of university appointees, the
substitute transfers appointment authority from the boards of
regents to administrators at the respective universities who are
more closely linked to fire ant research.
H.B. 2341 set forth that a university appointee would be the
presiding officer of the advisory committee, and that the office
would rotate among the university appointees every two years.
The substitute sets forth that the presiding officer of the
committee will be any member who is elected by the advisory
committee.
The original legislation required the advisory committee to meet
at least three times per year, whereas the substitute requires at
least two meetings per year.
The substitute requires the Texas Agricultural Experiment Station
to submit to state officials a detailed report regarding past,
present and future fire ant research and the costs associated
with the research. The original legislation does not include
this report.
SUMMARY OF COMMITTEE ACTION
H.B. 2341 was considered by the committee in a public hearing on
Tuesday, March 21, 1995.
The following persons testified in favor of the bill:
Mr. Dick White representing Texas Utilities;
Ms. Christi Craddick representing Texas and Southwestern
Cattle Raisers Association;
Mr. Durwood Tucker representing Texas Farm Bureau;
Mr Jimmie R. Dozier, electrical engineer at the Wood County
Electric Cooperative, representing himself; and
Mr. Donald M. Ward representing the Texas Veterinary Medical
Association.
The following persons testified neutrally on the bill:
Mr. Johnnie B. Rogers, Jr., Legislative Consultant,
representing the Texas Veterinary Association of General
Practitioners and himself;
Dr. Ray Frisbie, Department Head of Entomology, Texas A&M
University, representing himself;
Mr. Don Wilson representing the Texas Parks and Wildlife
Department;
Mr. John Sneed representing the Texas Department of
Agriculture; and
Dr. Robert Merrifield, Deputy Director of the Texas
Agricultural Experiment Station, representing himself.
The bill was left pending.
H.B. 2341 was considered by the committee in a public hearing on
Tuesday, March 28, 1995.
The committee considered a complete substitute for the bill.
The following person testified neutrally on the bill:
Dr. James G. Butler, representing himself and the Texas A&M
System Agriculture Program.
The substitute was adopted without objection.
The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed, by a record vote
of 6 ayes, 0 nays, 0 pnv, 3 absent.