BILL ANALYSIS


                                                        H.B. 3003
                                            By: Finnell (Sponsor)
                                                Natural Resources
                                                         05-03-95
                              Senate Committee Report (Unamended)
BACKGROUND

There are currently two separate provisions under Chapter 74,
Agriculture Code, that authorize the Texas Department of
Agriculture to establish programs to control boll weevil and pink
bollworm populations.  This authority, under the boll weevil
control and pink bollworm control programs, allows the department
to regulate cotton planting dates, destruction of cotton stalk
residue, and movement of articles contaminated with cotton pests. 
Each of the programs has separate authority to direct the
administration of the programs.

PURPOSE

As proposed, H.B. 3003 consolidates the boll weevil control and
pink bollworm control programs into a single program under the
authority of the Department of Agriculture.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 74.001, Agriculture Code, to set forth
the findings of the legislature concerning cotton pests, rather
than boll weevils.  Requires any portion of the state that is
susceptible to cotton pest infestation to be protected from this
public nuisance and threat to the continued stability of the cotton
industry.

SECTION 2. Amends Section 74.002, Agriculture Code, to define
"cotton pest," "okra," "pest management zone," and "pink bollworm." 
Redefines "host plant."

SECTION 3. Amends Sections 74.003(a) and (d)-(f), Agriculture Code,
as follows:

     (a) Authorizes any producer organization recognized under
     department rules and representing cotton producers to petition
     the commissioner for certification to establish a pest
     management zone.
     
     (d) Declares that the administrative committee governing each
     pest management zone (committee) consists of a representative
     of the Department of Agriculture (department) and of cotton
     producers who represent the counties in the zone and who are
     appointed by the commissioner of agriculture.  Requires each
     county in the zone to be represented by a producer on the
     committee.  Requires the committee to make recommendations to
     the department regarding control of cotton pests in the zone,
     including recommendations on, rather than or, regulations
     needed to control and prevent cotton pest infestation. 
     Deletes language setting forth the composition of the
     administrative committee.
SECTION 4. Amends Sections 74.004(a), (c), and (f), Agriculture
Code, as follows:

     (a) Makes a conforming change.
     
     (c) Deletes text requiring the department to publish notice of
     violations in a newspaper.  Makes a conforming change.
     
     (f) Authorizes the department to place a lien against the
     property on which a violation of a department regulation under
     this section has occurred, if neither the farm owner nor
     operator reimburses the department within 30 days after
     completion of department action and issuance by the department
     of a bill requesting payment.  Deletes a provision regarding
     an extension for payment.
     
     SECTION 5.     Amends Section 74.005, Agriculture Code, to make a
conforming change.

SECTION 6. Amends Section 74.007(a), Agriculture Code, to declare
that a person commits an offense if the person brings into this
state any equipment or material contaminated with cotton pests.

SECTION 7. Transfers Sections 74.052, 74.054, 74.055, 74.059, and
74.060, Agriculture Code, to Chapter 74A, Agriculture Code,
renumbers them as Sections 74.009-74.013, and amends them as
follows:

     Sec. 74.009.  New heading: COTTON PEST CONTROL AND ERADICATION
     POLICY.  Requires the state to employ all constitutional
     methods to control and eradicate cotton pests, rather than the
     pink bollworm, that scientific research demonstrates to be
     successful, including the quarantine and fumigation of
     equipment found to be contaminated and the prevention of
     movement of equipment contaminated or reasonably suspected to
     be contaminated with cotton pests.  Makes a conforming change.
     
     Sec. 74.010.  New heading: REGULATION OF COTTON PESTS.  (a)
     Prohibits any person, if the department, rather than the
     governor, under prior law proclaimed a quarantine against
     infested territory, from importing into Texas from the
     quarantined territory a substance susceptible to cotton pest
     infestation.  Deletes existing Subsection (a) granting the
     department rulemaking authority.
     
     (b) Redesignates existing Subsection (c).  Requires the
       department to maintain a rigid inspection of substances
       susceptible to cotton pest contamination that are being
       carried from quarantined territory into, through, or within
       this state.
     Sec. 74.011.  REGULATION OF GINNING.  Makes no change.
     
     Sec. 74.012.  INSPECTORS.  Authorizes the department to employ
     and prescribe the qualifications of inspectors and other
     employees necessary for the administration of this subchapter. 
     Deletes existing Subsection (b) regarding inspector
     qualifications.
     
     Sec. 74.013.  COOPERATION WITH FEDERAL PROGRAMS.  Makes a
     conforming change.
     
     SECTION 8.     Repealer: Sections 74.051 (Definitions), 74.053 (Host
Plants), 74.057 (Destruction of Host Plants), 74.058 (Entry Power;
Inspections), 74.061 (Penalty), and 74.062 (Civil Penalty;
Injunction), Agriculture Code; the heading to Chapter 74B (Pink
Bollworm Control), Agriculture Code; and Chapter 74C (Cotton Escrow
Accounts), Agriculture Code.

SECTION 9. Emergency clause.
           Effective date: upon passage.