1-1 By: Ramsay (Senate Sponsor - Sims) H.B. No. 2341
1-2 (In the Senate - Received from the House April 21, 1995;
1-3 April 24, 1995, read first time and referred to Committee on
1-4 Natural Resources; May 3, 1995, reported favorably by the following
1-5 vote: Yeas 9, Nays 0; May 3, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to research for the control of fire ants.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Subchapter C, Chapter 88, Education Code, is
1-11 amended by adding Section 88.215 to read as follows:
1-12 Sec. 88.215. FIRE ANT RESEARCH AND MANAGEMENT ACCOUNT
1-13 ADVISORY COMMITTEE; OTHER AGENCIES. (a) The Fire Ant Research and
1-14 Management Account Advisory Committee is established as an advisory
1-15 committee within the Texas Agricultural Experiment Station.
1-16 (b) The advisory committee consists of 10 members appointed
1-17 as follows:
1-18 (1) one representative of Texas A&M University
1-19 appointed by the director of the Texas Agricultural Experiment
1-20 Station;
1-21 (2) one representative of Texas Tech University
1-22 appointed by the dean of the College of Agriculture of Texas Tech
1-23 University;
1-24 (3) one representative of The University of Texas
1-25 appointed by the vice president for research of The University of
1-26 Texas System;
1-27 (4) one representative of the Department of
1-28 Agriculture appointed by the commissioner of agriculture;
1-29 (5) one representative of the Parks and Wildlife
1-30 Department appointed by the director of the department;
1-31 (6) one representative of the Public Utility
1-32 Commission of Texas appointed by the executive director of the
1-33 commission;
1-34 (7) one representative of municipal governments
1-35 appointed by the governor;
1-36 (8) one representative of the general public appointed
1-37 by the governor;
1-38 (9) one representative of the agribusiness industry
1-39 appointed by the governor; and
1-40 (10) one representative of the Texas Structural Pest
1-41 Control Board appointed by the executive director of the board.
1-42 (c) The members of the committee serve staggered two-year
1-43 terms, with the terms of the members described by Subsections
1-44 (b)(1)-(5) expiring on February 1 of each odd-numbered year and the
1-45 terms of the other members expiring on February 1 of each
1-46 even-numbered year. A member may serve more than one term.
1-47 (d) The members of the advisory committee shall elect a
1-48 member of the committee to serve as presiding officer for a term of
1-49 two years.
1-50 (e) The advisory committee shall meet not less than two
1-51 times each year.
1-52 (f) The advisory committee may adopt rules for the advisory
1-53 committee's internal procedures.
1-54 (g) The administrative expenses of the advisory committee
1-55 may not exceed 20 percent of the total amount of funds available
1-56 for expenditure by the advisory committee.
1-57 (h) Members of the advisory committee are not entitled to
1-58 compensation for service on the advisory committee. A member of
1-59 the advisory committee who represents a university or state agency
1-60 may receive reimbursement for travel expenses from the university
1-61 or agency the member represents. A member of the advisory
1-62 committee who does not represent a university or state agency shall
1-63 pay the member's own expenses.
1-64 (i) The advisory committee shall:
1-65 (1) advise, assist, and direct the Texas Agricultural
1-66 Experiment Station in conducting fire ant research;
1-67 (2) encourage communication with other states that are
1-68 infested with fire ants; and
2-1 (3) establish a framework for more efficient
2-2 management of fire ant infestation problems.
2-3 (j) The Texas Agricultural Experiment Station shall:
2-4 (1) administer the fire ant basic research program
2-5 under Section 77.022, Agriculture Code;
2-6 (2) solicit, distribute, and create competitive grant
2-7 and other funding programs for fire ant research;
2-8 (3) engage in activities necessary to maximize funding
2-9 received from the federal government for management of fire ants
2-10 and research regarding fire ants; and
2-11 (4) with the advice of the advisory committee, plan a
2-12 program of research regarding fire ants.
2-13 (k) The Texas Agricultural Extension Service shall:
2-14 (1) provide educational programs regarding fire ant
2-15 infestation and treatment; and
2-16 (2) conduct public awareness programs regarding fire
2-17 ant infestation and treatment through the use of the media,
2-18 publications, demonstrations, and other means of public education.
2-19 SECTION 2. Sections 77.022(a), (b), (c), (e), and (f),
2-20 Agriculture Code, are amended to read as follows:
2-21 (a) The Fire Ant Research and Management Account Advisory
2-22 Committee established under Section 88.215, Education Code, in the
2-23 Texas Agricultural Experiment Station <Board> shall oversee a
2-24 program to finance broadly based ant research that the advisory
2-25 committee <board> determines to be of the highest scientific merit
2-26 and offers the greatest promise in providing new directions for
2-27 long-term solutions to fire ant infestations.
2-28 (b) An award under the program described by Subsection (a)
2-29 of this section shall be granted for a two-year period for
2-30 individual or group projects, and may be extended after <a board>
2-31 review by the advisory committee at the end of that period.
2-32 (c) The Texas Agricultural Experiment Station <board> may
2-33 accept gifts and grants from the federal government, state
2-34 government, and private sources, as well as legislative
2-35 appropriations. The use of gifts and grants other than legislative
2-36 appropriations is subject, after their appropriation, only to
2-37 limitations contained in the gift or grant.
2-38 (e) The Texas Agricultural Experiment Station <board> shall
2-39 make an annual accounting of all money received, awarded, and
2-40 expended during the year to the legislative committees responsible
2-41 for agricultural issues.
2-42 (f) The Texas Agricultural Experiment Station <Fire Ant
2-43 Advisory Board> may adopt rules necessary for the implementation
2-44 and administration of the award program.
2-45 SECTION 3. Section 77.021, Agriculture Code, is repealed.
2-46 SECTION 4. (a) The Fire Ant Advisory Board is abolished on
2-47 the effective date of this Act. On that date, the Fire Ant
2-48 Research and Management Account Advisory Committee shall assume the
2-49 powers, duties, obligations, property, unexpended and unobligated
2-50 funds, and other assets of the Fire Ant Advisory Board.
2-51 (b) Of the initial members of the Fire Ant Research and
2-52 Management Account Advisory Committee:
2-53 (1) the members appointed under Sections
2-54 88.215(b)(1)-(5), Education Code, as added by this Act, serve terms
2-55 expiring February 1, 1997; and
2-56 (2) the other members serve terms expiring February 1,
2-57 1996.
2-58 SECTION 5. Before July 1, 1996, the Texas Agricultural
2-59 Experiment Station shall present to the lieutenant governor, the
2-60 speaker of the house of representatives, and the chair of the
2-61 committee responsible for agriculture matters in each house of the
2-62 legislature a report prepared with the assistance, advice, and
2-63 approval of the Fire Ant Research and Management Account Advisory
2-64 Committee, regarding the following:
2-65 (1) the research being conducted regarding fire ants
2-66 by universities, government agencies, and private concerns;
2-67 (2) the research that might be conducted if additional
2-68 funds were available;
2-69 (3) the possible benefits that might be achieved
2-70 through current and future research efforts;
3-1 (4) an estimate of the cost associated with past,
3-2 current, and future damage caused directly and indirectly by fire
3-3 ants;
3-4 (5) recommendations for future research and management
3-5 of fire ants in Texas;
3-6 (6) an estimate of the cost of an appropriate amount
3-7 of research necessary to address the fire ant problem in Texas;
3-8 (7) an estimate of the cost associated with an
3-9 appropriate level of fire ant management in Texas;
3-10 (8) an estimate of the economic and human costs
3-11 associated with not addressing the fire ant problem in Texas; and
3-12 (9) an estimate of the amount the legislature should
3-13 appropriate to support the appropriate level of research and
3-14 management necessary to address the fire ant problem in Texas.
3-15 SECTION 6. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended,
3-20 and that this Act take effect and be in force from and after its
3-21 passage, and it is so enacted.
3-22 * * * * *