BILL ANALYSIS
C.S.H.B. 3003
By: Finnell
04-12-95
Committee Report (Substituted)
BACKGROUND
The Texas Department of Agriculture (the department) has the
authority to establish control programs for boll weevil and pink
bollworm populations. Under Subchapters A and B, Chapter 74,
Agriculture Code, the department is authorized to regulate cotton
planting dates, the destruction of cotton stalk residue and the
movement of articles contaminated with cotton pests.
Under the boll weevil control program (Subchapter A), the
commissioner of agriculture is provided regulatory authority to
control the cotton pests. After receiving a petition from a
recognized producer organization, the commissioner is required to
establish control zones and create an administrative committee
responsible for making recommendations to the commissioner.
Currently, there are three zones regulated under Subchapter A,
and six zones regulated under Subchapter B (pink bollworm control
program).
The pink bollworm control program is similar to the boll weevil
control program, but does not require petitions from producer
organizations nor the formation of administrative committees.
Furthermore, the statute does not expressly give the commissioner
the authority to execute the program.
C.S.H.B. 3003 would not change producer requirements in regulated
pest management zones, but it would eliminate confusion created
by the two separate, yet similar, control programs. The bill
would also delete the statutory authority given to the department
in 1955, to create cotton escrow accounts. These accounts are no
longer used nor needed since current statute requires the
destruction of cotton stalks by a specified time after harvest.
PURPOSE
This Act would consolidate the boll weevil control and pink
bollworm control programs into a single cotton pest control
program, and delete the statutory authority to create cotton
escrow accounts.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 74.001, Agriculture Code. Establishes
that infestation by any cotton pest is considered a public
nuisance and a threat to the cotton industry.
SECTION 2. Amends Section 74.002, Agriculture Code. Defines
"cotton pests," "okra" "Pest management zone" and "pink
bollworm," and expands the definition of "host plant."
SECTION 3. Amends Sections 74.003(a) and (d)-(f), Agriculture
Code. (a) Sets forth that any producer organization authorized
by state law or department rule may petition the commissioner to
establish a pest management zone.
(d) Sets forth that an administrative committee which governs a
zone shall consist of a producer representative from each county
in the zone and a representative of the department, each to be
appointed by the commissioner. Deletes language detailing the
terms and qualifications of administrative committee appointees.
Replaces the phrase "boll weevil" with "cotton pests."
SECTION 4. Amends Sections 74.004(a), (c), and (f) by changing
all references of "boll weevil" to "cotton pests." Deletes the
requirement that a violation notice must be published in one of
the county newspapers. Requires the department to issue a bill
requesting payment for the destruction of host plants.
SECTION 5. Amends Section 74.005, Agriculture Code. Replaces
the phrase "boll weevil" with "cotton pests" regarding cotton
pest inspections.
SECTION 6. Amends Section 74.007(a), Agriculture Code. Replaces
the phrase "boll weevil" with "cotton pests," and sets forth that
a person who brings equipment infested with cotton pests into the
state commits an offense.
SECTION 7. Amends Chapter 74, Agriculture Code by moving
Sections 74.052, 74.054, 74.055, 74.059 and 74.060 from
Subchapter B to Subchapter A and renumbering them accordingly.
Also, amends the following Sections:
Section 74.009. Renames the section heading to reflect
cotton pest control. Requires the department to quarantine,
fumigate and control movement of equipment contaminated with
cotton pests. Replaces the phrase "pink bollworm" with "cotton pests."
Section 74.010. Provides language to clarify that the
authority to quarantine a cotton pest infested area belongs to
the department, not the governor. Requires inspection of all
items from a quarantined area that are susceptible to cotton pest
infestation and are being transported in the state.
Replaces the phrase "pink bollworm" with "cotton pests."
Section 74.012. Deletes the qualification criteria for
inspectors and gives the department authority to set such
criteria.
Section 74.013. Replaces the phrase "pink bollworm" with
"cotton pests."
SECTION 8. Amends Chapter 74, Agriculture Code, by deleting the
heading to Subchapter B "Pink Bollworm Control;" Subchapter C;
relating to the establishment of cotton escrow accounts; and the
following Sections, the language in which is addressed elsewhere:
Section 74.051. Relating to definitions;
Section 74.053. Relating to host plants;
Section 74.057. Relating to the destruction of host plants;
Section 74.058. Relating to entry powers and inspections;
Section 74.061. Relating to penalties; and
Section 74.062. Relating to civil penalties and
injunctions.
Section 9. Emergency clause; effective upon passage.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The original bill did not provide for the composition of the
administrative committee nor a definition for "Pest management
zone." The substitute adds both of these elements and gives
producer organizations who are recognized by the department and
representative of cotton producers the authority to petition the
commissioner to establish pest management zones. H.B. 3003
repealed Section 74.0041, Agriculture Code, relating to the
establishment of uniform planting dates. The substitute retains
this provision in the statute. It also provides language to
clarify that the authority to quarantine a cotton pest infested
area belongs to the department, not the governor and requires the
department to inspect all items transported in the state that
come from a cotton pest quarantined area and are susceptible to
cotton pest infestation. The original legislation only required
the inspection of such items carried into the state, and did not
account for items carried within the state.
SUMMARY OF COMMITTEE ACTION
H.B. 3003 was considered by the committee in a public hearing on
Tuesday, April 11, 1995.
The committee considered a complete substitute for the bill.
The substitute was adopted without objection.
The following person testified in favor of the bill:
Mr. Durwood Tucker representing Texas Farm Bureau.
The following person testified neutrally on the bill:
Mr. Barry McBee representing the Texas Department of
Agriculture.
The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed, by a record vote
of 8 ayes, 0 nays, 0 pnv, 1 absent.