74R9345 MWV-D
          By Ramsay                                             H.B. No. 2341
          Substitute the following for H.B. No. 2341:
          By Swinford                                       C.S.H.B. No. 2341
                                 A BILL TO BE ENTITLED
    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 9 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; and
    2-8              (9)  one representative of the agribusiness industry
    2-9  appointed by the governor.
   2-10        (c)  The members of the committee serve staggered two-year
   2-11  terms, with the terms of the members described by Subsections
   2-12  (b)(1)-(5) expiring on February 1 of each odd-numbered year and the
   2-13  terms of the other members expiring on February 1 of each
   2-14  even-numbered year.  A member may serve more than one term.
   2-15        (d)  The members of the advisory committee shall elect a
   2-16  member of the committee to serve as presiding officer for a term of
   2-17  two years.
   2-18        (e)  The advisory committee shall meet not less than two
   2-19  times each year.
   2-20        (f)  The advisory committee may adopt rules for the advisory
   2-21  committee's internal procedures.
   2-22        (g)  The administrative expenses of the advisory committee
   2-23  may not exceed 20 percent of the total amount of funds available
   2-24  for expenditure by the advisory committee.
   2-25        (h)  Members of the advisory committee are not entitled to
   2-26  compensation for service on the advisory committee.  A member of
   2-27  the advisory committee who represents a university or state agency
    3-1  may receive reimbursement for travel expenses from the university
    3-2  or agency the member represents.  A member of the advisory
    3-3  committee who does not represent a university or state agency shall
    3-4  pay the member's own expenses.
    3-5        (i)  The advisory committee shall:
    3-6              (1)  advise, assist, and direct the Texas Agricultural
    3-7  Experiment Station in conducting fire ant research;
    3-8              (2)  encourage communication with other states that are
    3-9  infested with fire ants; and
   3-10              (3)  establish a framework for more efficient
   3-11  management of fire ant infestation problems.
   3-12        (j)  The Texas Agricultural Experiment Station shall:
   3-13              (1)  administer the fire ant basic research program
   3-14  under Section 77.022, Agriculture Code;
   3-15              (2)  solicit, distribute, and create competitive grant
   3-16  and other funding programs for fire ant research;
   3-17              (3)  engage in activities necessary to maximize funding
   3-18  received from the federal government for management of fire ants
   3-19  and research regarding fire ants; and
   3-20              (4)  with the advice of the advisory committee, plan a
   3-21  program of research regarding fire ants.
   3-22        (k)  The Texas Agricultural Extension Service shall:
   3-23              (1)  provide educational programs regarding fire ant
   3-24  infestation and treatment; and
   3-25              (2)  conduct public awareness programs regarding fire
   3-26  ant infestation and treatment through the use of the media,
   3-27  publications, demonstrations, and other means of public education.
    4-1        SECTION 2.  Sections 77.022(a), (b), (c), (e), and (f),
    4-2  Agriculture Code, are amended to read as follows:
    4-3        (a)  The Fire Ant Research and Management Account Advisory
    4-4  Committee established under Section 88.215, Education Code, in the
    4-5  Texas Agricultural Experiment Station <Board> shall oversee a
    4-6  program to finance broadly based ant research that the advisory
    4-7  committee <board> determines to be of the highest scientific merit
    4-8  and offers the greatest promise in providing new directions for
    4-9  long-term solutions to fire ant infestations.
   4-10        (b)  An award under the program described by Subsection (a)
   4-11  of this section shall be granted for a two-year period for
   4-12  individual or group projects, and may be extended after <a board>
   4-13  review by the advisory committee at the end of that period.
   4-14        (c)  The Texas Agricultural Experiment Station <board> may
   4-15  accept gifts and grants from the federal government, state
   4-16  government, and private sources, as well as legislative
   4-17  appropriations.  The use of gifts and grants other than legislative
   4-18  appropriations is subject, after their appropriation, only to
   4-19  limitations contained in the gift or grant.
   4-20        (e)  The Texas Agricultural Experiment Station <board> shall
   4-21  make an annual accounting of all money received, awarded, and
   4-22  expended during the year to the legislative committees responsible
   4-23  for agricultural issues.
   4-24        (f)  The Texas Agricultural Experiment Station <Fire Ant
   4-25  Advisory Board> may adopt rules necessary for the implementation
   4-26  and administration of the award program.
   4-27        SECTION 3.  Section 77.021, Agriculture Code, is repealed.
    5-1        SECTION 4.  (a) This Act takes effect September 1, 1995.
    5-2        (b)  The Fire Ant Advisory Board is abolished on the
    5-3  effective date of this Act.  On that date, the Fire Ant Research
    5-4  and Management Account Advisory Committee shall assume the powers,
    5-5  duties, obligations, property, unexpended and unobligated funds,
    5-6  and other assets of the Fire Ant Advisory Board.
    5-7        (c)  Of the initial members of the Fire Ant Research and
    5-8  Management Account Advisory Committee:
    5-9              (1)  the members appointed under Sections
   5-10  88.215(b)(1)-(5), Education Code, as added by this Act, serve terms
   5-11  expiring February 1, 1997; and
   5-12              (2)  the other members serve terms expiring February 1,
   5-13  1996.
   5-14        SECTION 5.  Before December 31, 1996, the Texas Agricultural
   5-15  Experiment Station shall present to the lieutenant governor, the
   5-16  speaker of the house of representatives, and the chair of the
   5-17  committee responsible for agriculture matters in each house of the
   5-18  legislature, a report prepared with the assistance, advice, and
   5-19  approval of the Fire Ant Research and Management Account Advisory
   5-20  Committee, regarding the following:
   5-21              (1)  the research being conducted regarding fire ants
   5-22  by universities, government agencies, and private concerns;
   5-23              (2)  the research that might be conducted if additional
   5-24  funds were available;
   5-25              (3)  the possible benefits that might be achieved
   5-26  through current and future research efforts;
   5-27              (4)  an estimate of the cost associated with past,
    6-1  current, and future damage caused directly and indirectly by fire
    6-2  ants;
    6-3              (5)  recommendations for future research and management
    6-4  of fire ants in Texas;
    6-5              (6)  an estimate of the cost of an appropriate amount
    6-6  of research necessary to address the fire ant problem in Texas;
    6-7              (7)  an estimate of the cost associated with an
    6-8  appropriate level of fire ant management in Texas;
    6-9              (8)  an estimate of the economic and human costs
   6-10  associated with not addressing the fire ant problem in Texas; and
   6-11              (9)  an estimate of the amount the legislature should
   6-12  appropriate to support the appropriate level of research and
   6-13  management necessary to address the fire ant problem in Texas.
   6-14        SECTION 6.  The importance of this legislation and the
   6-15  crowded condition of the calendars in both houses create an
   6-16  emergency and an imperative public necessity that the
   6-17  constitutional rule requiring bills to be read on three several
   6-18  days in each house be suspended, and this rule is hereby suspended.