H.B. No. 2341
1-1 AN ACT
1-2 relating to research for the control of fire ants.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter C, Chapter 88, Education Code, is
1-5 amended by adding Section 88.215 to read as follows:
1-6 Sec. 88.215. FIRE ANT RESEARCH AND MANAGEMENT ACCOUNT
1-7 ADVISORY COMMITTEE; OTHER AGENCIES. (a) The Fire Ant Research and
1-8 Management Account Advisory Committee is established as an advisory
1-9 committee within the Texas Agricultural Experiment Station.
1-10 (b) The advisory committee consists of 12 members appointed
1-11 as follows:
1-12 (1) one representative of Texas A&M University
1-13 appointed by the director of the Texas Agricultural Experiment
1-14 Station;
1-15 (2) one representative of Texas Tech University
1-16 appointed by the dean of the College of Agriculture of Texas Tech
1-17 University;
1-18 (3) one representative of The University of Texas
1-19 appointed by the vice president for research of The University of
1-20 Texas System;
1-21 (4) one representative of the Department of
1-22 Agriculture appointed by the commissioner of agriculture;
1-23 (5) one representative of the Parks and Wildlife
1-24 Department appointed by the director of the department;
2-1 (6) one representative of the Public Utility
2-2 Commission of Texas appointed by the executive director of the
2-3 commission;
2-4 (7) one representative of municipal governments
2-5 appointed by the governor;
2-6 (8) one representative of the general public appointed
2-7 by the governor;
2-8 (9) one representative of the agribusiness industry
2-9 appointed by the governor;
2-10 (10) one representative of the Texas Structural Pest
2-11 Control Board appointed by the executive director of the board;
2-12 (11) one representative of the chemical industry
2-13 appointed by the Texas Chemical Council; and
2-14 (12) one representative of the oil and gas industry
2-15 appointed by the Texas Mid-Continent Oil and Gas Association.
2-16 (c) The members of the committee serve staggered two-year
2-17 terms, with the terms of the members described by Subsections
2-18 (b)(1)-(5) expiring on February 1 of each odd-numbered year and the
2-19 terms of the other members expiring on February 1 of each
2-20 even-numbered year. A member may serve more than one term.
2-21 (d) The members of the advisory committee shall elect a
2-22 member of the committee to serve as presiding officer for a term of
2-23 two years.
2-24 (e) The advisory committee shall meet not less than two
2-25 times each year.
2-26 (f) The advisory committee may adopt rules for the advisory
2-27 committee's internal procedures.
3-1 (g) The administrative expenses of the advisory committee
3-2 may not exceed 20 percent of the total amount of funds available
3-3 for expenditure by the advisory committee.
3-4 (h) Members of the advisory committee are not entitled to
3-5 compensation for service on the advisory committee. A member of
3-6 the advisory committee who represents a university or state agency
3-7 may receive reimbursement for travel expenses from the university
3-8 or agency the member represents. A member of the advisory
3-9 committee who does not represent a university or state agency shall
3-10 pay the member's own expenses.
3-11 (i) The advisory committee shall:
3-12 (1) advise, assist, and direct the Texas Agricultural
3-13 Experiment Station in conducting fire ant research;
3-14 (2) encourage communication with other states that are
3-15 infested with fire ants; and
3-16 (3) establish a framework for more efficient
3-17 management of fire ant infestation problems.
3-18 (j) The Texas Agricultural Experiment Station shall:
3-19 (1) administer the fire ant basic research program
3-20 under Section 77.022, Agriculture Code;
3-21 (2) solicit, distribute, and create competitive grant
3-22 and other funding programs for fire ant research;
3-23 (3) engage in activities necessary to maximize funding
3-24 received from the federal government for management of fire ants
3-25 and research regarding fire ants; and
3-26 (4) with the advice of the advisory committee, plan a
3-27 program of research regarding fire ants.
4-1 (k) The Texas Agricultural Extension Service shall:
4-2 (1) provide educational programs regarding fire ant
4-3 infestation and treatment; and
4-4 (2) conduct public awareness programs regarding fire
4-5 ant infestation and treatment through the use of the media,
4-6 publications, demonstrations, and other means of public education.
4-7 SECTION 2. Sections 77.022(a), (b), (c), (e), and (f),
4-8 Agriculture Code, are amended to read as follows:
4-9 (a) The Fire Ant Research and Management Account Advisory
4-10 Committee established under Section 88.215, Education Code, in the
4-11 Texas Agricultural Experiment Station <Board> shall oversee a
4-12 program to finance broadly based ant research that the advisory
4-13 committee <board> determines to be of the highest scientific merit
4-14 and offers the greatest promise in providing new directions for
4-15 long-term solutions to fire ant infestations.
4-16 (b) An award under the program described by Subsection (a)
4-17 of this section shall be granted for a two-year period for
4-18 individual or group projects, and may be extended after <a board>
4-19 review by the advisory committee at the end of that period.
4-20 (c) The Texas Agricultural Experiment Station <board> may
4-21 accept gifts and grants from the federal government, state
4-22 government, and private sources, as well as legislative
4-23 appropriations. The use of gifts and grants other than legislative
4-24 appropriations is subject, after their appropriation, only to
4-25 limitations contained in the gift or grant.
4-26 (e) The Texas Agricultural Experiment Station <board> shall
4-27 make an annual accounting of all money received, awarded, and
5-1 expended during the year to the legislative committees responsible
5-2 for agricultural issues.
5-3 (f) The Texas Agricultural Experiment Station <Fire Ant
5-4 Advisory Board> may adopt rules necessary for the implementation
5-5 and administration of the award program.
5-6 SECTION 3. Section 77.021, Agriculture Code, is repealed.
5-7 SECTION 4. (a) The Fire Ant Advisory Board is abolished on
5-8 the effective date of this Act. On that date, the Fire Ant
5-9 Research and Management Account Advisory Committee shall assume the
5-10 powers, duties, obligations, property, unexpended and unobligated
5-11 funds, and other assets of the Fire Ant Advisory Board.
5-12 (b) Of the initial members of the Fire Ant Research and
5-13 Management Account Advisory Committee:
5-14 (1) the members appointed under Sections
5-15 88.215(b)(1)-(5), Education Code, as added by this Act, serve terms
5-16 expiring February 1, 1997; and
5-17 (2) the other members serve terms expiring February 1,
5-18 1996.
5-19 SECTION 5. Before July 1, 1996, the Texas Agricultural
5-20 Experiment Station shall present to the lieutenant governor, the
5-21 speaker of the house of representatives, and the chair of the
5-22 committee responsible for agriculture matters in each house of the
5-23 legislature a report prepared with the assistance, advice, and
5-24 approval of the Fire Ant Research and Management Account Advisory
5-25 Committee, regarding the following:
5-26 (1) the research being conducted regarding fire ants
5-27 by universities, government agencies, and private concerns;
6-1 (2) the research that might be conducted if additional
6-2 funds were available;
6-3 (3) the possible benefits that might be achieved
6-4 through current and future research efforts;
6-5 (4) an estimate of the cost associated with past,
6-6 current, and future damage caused directly and indirectly by fire
6-7 ants;
6-8 (5) recommendations for future research and management
6-9 of fire ants in Texas;
6-10 (6) an estimate of the cost of an appropriate amount
6-11 of research necessary to address the fire ant problem in Texas;
6-12 (7) an estimate of the cost associated with an
6-13 appropriate level of fire ant management in Texas;
6-14 (8) an estimate of the economic and human costs
6-15 associated with not addressing the fire ant problem in Texas; and
6-16 (9) an estimate of the amount the legislature should
6-17 appropriate to support the appropriate level of research and
6-18 management necessary to address the fire ant problem in Texas.
6-19 SECTION 6. The importance of this legislation and the
6-20 crowded condition of the calendars in both houses create an
6-21 emergency and an imperative public necessity that the
6-22 constitutional rule requiring bills to be read on three several
6-23 days in each house be suspended, and this rule is hereby suspended,
6-24 and that this Act take effect and be in force from and after its
6-25 passage, and it is so enacted.