By Patterson H.B. No. 2892
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the boll weevil eradication program.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 74.102, Agricultural Code, is amended by
1-5 amending subdivisions (5) and (7) to read as follows:
1-6 (5) "Cotton grower" means an individual who<: (A)>
1-7 grows cotton and <B> receives <direct> income on or after June 1,
1-8 1992, from the sale of cotton. This includes an individual, entity
1-9 or joint operator who as owner, landlord, tenant or sharecropper is
1-10 entitled to share in the cotton available for marketing from the
1-11 farm or share in the proceeds thereof, as determined in accordance
1-12 with 7 Code of Federal Regulations, Part 1413.
1-13 (7) "Eradication zone" means a geographic area in
1-14 which cotton growers by referendum approve their participation in a
1-15 boll weevil eradication program. Pest populations, eradication
1-16 program needs, and/or other entomological factors can result in the
1-17 addition of new counties to an established zone or the movement of
1-18 counties or portions of counties between zones upon approval of the
1-19 board, including areas and zones found under this subchapter.
1-20 SECTION 2. Section 74.105, Agriculture Code, is amended by
1-21 amending subsection (f) as follows:
1-22 (f) After the passage of any referendum, the eligible voters
1-23 shall be allowed, by subsequent referenda periodically as specified
2-1 in, and only if expressly provided for in, the initial referendum,
2-2 to vote on whether to continue their assessments. All of the
2-3 requirements for an initial referendum must be met in subsequent
2-4 referenda.
2-5 SECTION 3. Section 74.107, Agriculture Code, is amended by
2-6 amending subsection (a) to read as follows: (a) The High Plains
2-7 Boll Weevil Suppression Program Area and the St. Lawrence Cotton
2-8 Growers Boll Weevil Control Zone are separate zones for the
2-9 purposes of boll weevil eradication and may not be combined with
2-10 another area in an eradication zone under this subchapter;
2-11 provided, however, specific counties within these two zones may be
2-12 assigned or moved to other zones in accordance with other
2-13 provisions of the subchapter.
2-14 SECTION 4. Section 74.108, Agriculture Code, is amended by
2-15 adding subdivisions (6), (7) and (8) to read as follows:
2-16 (6) annex a county where cotton production commences
2-17 adjacent to or in the biological area of an established eradication
2-18 zone and initiate the boll weevil eradication program and assess
2-19 cotton growers in order to ensure the integrity and success of the
2-20 overall program. Notice of intent to initiate eradication and
2-21 collect assessments shall be preceded by informational meetings
2-22 within the affected areas no later than 60 days before the average
2-23 planting date for the area;
2-24 (7) accept, for the purposes of implementing this
2-25 chapter, gifts, grants and donations, and where necessary for
3-1 carrying out this chapter, obtain financing through the borrowing
3-2 of funds or other methods; and
3-3 (8) take any such other actions and exercise such
3-4 other authority and power as may be necessary to carry out any act
3-5 authorized or permitted by this subchapter and/or by the Texas
3-6 Non-Profit Corporation Act.
3-7 SECTION 5. Sec. 74.109, Agriculture Code, is amended by
3-8 amending subsection (c) and (d) as follows:
3-9 (c) The foundation shall provide fidelity <surety> bonds <in
3-10 amounts determined by the commissioner> for employees or agents who
3-11 handle funds for the foundation, in amounts determined by the
3-12 board.
3-13 (d) The foundation and the board are state agencies for the
3-14 purpose of exemption from taxation (including without limitation
3-15 exemption from the payment of sales taxes and of vehicle
3-16 registration fees and taxes of all types under Chapter 152 of the
3-17 Texas Tax Code) and indemnification and for no other purpose.
3-18 Provided, however, the foundation shall be a "governmental unit",
3-19 as defined in and for the limited purpose of Section 101.001 of the
3-20 Texas Civil Practices and Remedies Code, and shall be entitled to
3-21 governmental immunity, and any tort claims against the foundation
3-22 must be brought pursuant to, and are subject to, the provisions of
3-23 Chapter 101 of the Texas Civil Practices and Remedies Code. <The
3-24 foundation shall collect, receive, hold in trust, and disburse all
3-25 assessments and other funds collected under this subchapter as
4-1 trust funds of the foundation. The foundation board is a state
4-2 agency for exemption from taxation and indemnification only and for
4-3 no other purpose.> Funds collected by the foundation are not state
4-4 funds and are not required to be deposited in the state treasury.
4-5 The foundation shall deposit all money collected under this
4-6 subchapter in a bank or other depository approved by the board.
4-7 SECTION 6. Section 74.110, Agriculture Code, is amended by
4-8 amending subsection (a) to read as follows:
4-9 (a) Except for instances of gross negligence, individual
4-10 criminal actions, or acts of dishonesty, the foundation and the
4-11 foundation's members, directors, officers, and employees are not
4-12 liable to a cotton grower or any other person for:
4-13 (1) errors in judgment;
4-14 (2) mistakes; or
4-15 (3) other acts or omissions.
4-16 SECTION 7. Section 74.113, Agriculture Code, is amended by
4-17 amending subsection (f) read as follows:
4-18 (f) An assessment levied on cotton growers in an eradication
4-19 zone may be applied only to:
4-20 (1) eradication in that zone;
4-21 (2) the foundation's operating costs, including
4-22 payments on debt incurred for any foundation activity; and
4-23 (3) the conducting of other programs consistent with
4-24 the declaration of policy stated in Section 74.101 of this code.
4-25 SECTION 8. Section 74.114, Agriculture Code, is amended by
5-1 amending subsections (e), (f) and (i) to read as follows: (e) An
5-2 eligible cotton grower may vote only once in a referendum or board
5-3 election. Individual voter information, including the individual's
5-4 vote on referenda or in board elections conducted in accordance
5-5 with this section is deemed confidential and is not subject to
5-6 disclosure under the Texas Open Records Act.
5-7 (f) Ballots in a referendum or board election must <may> be
5-8 mailed to a central location to be initially determined by the
5-9 commissioner and later determined by the board. A cotton grower
5-10 eligible to vote in a referendum or board election who has not
5-11 received a ballot from the foundation or the local FSA office shall
5-12 be offered the option of requesting a ballot by mail or obtaining a
5-13 ballot <voting in person> at the office of the county agent of the
5-14 Texas Agricultural Extension Service or the FSA office in a <the>
5-15 county within the proposed or established zone in which the
5-16 referendum or board election is being conducted <in which the
5-17 cotton grower reside>. All completed ballots must be mailed by the
5-18 voter to the designated central location and cannot be held by a
5-19 county agent <A county agent shall hold ballots received under this
5-20 section in trust and shall count the ballots and report the results
5-21 to the commissioner and the foundation>.
5-22 (i) A public hearing regarding the proposed eradication
5-23 program <plan>, including information on regulations to be
5-24 promulgated by the foundation and the commissioner, shall be held
5-25 by the foundation in each of several location within each boll
6-1 weevil eradication zone. The area posted for each hearing shall
6-2 cover no more than six contiguous counties that have cotton
6-3 production at the time of the hearing.
6-4 SECTION 9. Section 74.115, Agriculture Code, is amended by
6-5 amending subsections (b) and (c) to read as follows:
6-6 (b) A cotton grower who fails to pay all assessments and
6-7 penalties before the 10th <31st> day after receiving notice of the
6-8 delinquency shall destroy any cotton growing on the grower's
6-9 acreage that is subject to the assessment. Cotton plants that are
6-10 not destroyed are a public nuisance, and, on recommendation of the
6-11 foundation, the department shall follow the procedures for
6-12 destruction of host plants provided by Subchapter A of this
6-13 chapter, including procedures for reimbursement by the grower of
6-14 costs required for destruction. The department may apply to a
6-15 district court with jurisdiction in the county in which the public
6-16 nuisance is located to have the nuisance condemned and destroyed.
6-17 Injunctive relief available to the department under this subchapter
6-18 is in addition to any other legal remedy available to the
6-19 department. The department is not required to file a bond in a
6-20 proceeding under this subsection.
6-21 (c) In addition to any other remedies for the collection of
6-22 assessments and penalties, the department may place and perfect a
6-23 lien on any cotton produced and harvested from the acreage that is
6-24 subject to the assessment <before the destruction of other cotton
6-25 grown from the acreage that is subject to the assessment> that is
7-1 due and unpaid for the next five years. A buyer of cotton takes
7-2 free of the lien if the buyer has not received written or actual
7-3 notice of the lien from the department or if the buyer has paid for
7-4 the cotton by a check on which the department is named as a joint
7-5 payee. In an action to enforce the lien, the burden is on the
7-6 department to prove that the buyer of cotton received written or
7-7 actual notice of the lien. A buyer of cotton other than a person
7-8 buying cotton from the cotton grower takes free of the lien.
7-9 SECTION 10. Section 74.116 (b), Agriculture Code, is amended
7-10 by amending subsection (b) to read as follows:
7-11 (b) A cotton grower may not qualify for an exemption under
7-12 this section for a year in which the amount computed by subtracting
7-13 the assessments and penalties due under this subchapter from the
7-14 cotton grower's new income subject to federal income taxation for
7-15 the prior year is greater than $15,000.
7-16 SECTION 11. Sec. 74.120, Agriculture Code, is amended by
7-17 amending subsection (c) to read as follows:
7-18 (c) The foundation and the department may adopt other
7-19 reasonable rules <it considers> necessary to carry out the purposes
7-20 of this subchapter and Subchapter A of this chapter. All rules
7-21 issued under this subchapter must be adopted and published in
7-22 accordance with state requirements. Rules adopted by the
7-23 foundation under this section shall be consistent with rules
7-24 adopted by the commissioner under this subchapter.
7-25 SECTION 12. Sec. 74.125, Agriculture Code, is amended to
8-1 read as follows: The board, in cooperation with the commissioner,
8-2 shall endeavor to develop rules and procedures to:
8-3 (1) protect the eligibility of organic producers to be
8-4 certified by the commissioner;
8-5 (2) ensure that organic and transitional certification
8-6 by the commissioner continue to meet national certification
8-7 standards in order for organic cotton to maintain international
8-8 marketability; <and>
8-9 (3) but in all events shall maintain the effectiveness
8-10 of the boll weevil eradication program administered under this
8-11 subchapter.
8-12 SECTION 13. Sec. 74.126, Agriculture Code, is amended by
8-13 amending subsection (c) to read as follows:
8-14 (c) If the commissioner or the foundation determines that a
8-15 violation of this subchapter or a rule adopted under this
8-16 subchapter has occurred, the commissioner or the foundation may
8-17 request that the attorney general or the county or district
8-18 attorney of the county in which the alleged violation occurred or
8-19 is occurring file suit for civil, injunctive, and/or other
8-20 appropriate relief.
8-21 SECTION 14. Sec. 74.127, Agriculture Code, is amended by
8-22 adding subsection (c) to read as follows: Sunset Provision.
8-23 (a) The board is subject to Chapter 325, Government Code (Texas
8-24 Sunset Act). Unless continued in existence as provided by that
8-25 chapter, the board is abolished and this subchapter expires
9-1 September 1, 2004.
9-2 (b) The commissioner may order the dissolution of the
9-3 foundation at any time the commissioner determines that the
9-4 purposes of this subchapter have been fulfilled or that the
9-5 foundation is inoperative and abandoned. Dissolution shall be
9-6 conducted in accordance with Section 74.112 of this code.
9-7 (c) If the foundation is abolished under Sec. 74.127, Texas
9-8 Agriculture Code, assessments approved, levied or otherwise
9-9 collectable on the date of abolishment will be continued if
9-10 necessary to fulfill financial obligations of the foundation.
9-11 SECTION 15. This Act takes effect September 1, 1995.
9-12 SECTION 16. The importance of this legislation and the
9-13 crowded condition of the calendars in both houses create an
9-14 emergency and an imperative public necessity that the
9-15 constitutional rule requiring bills to be read on three several
9-16 days in each house be suspended, and this rule is hereby suspended,
9-17 and that this Act take effect and be in force from and after its
9-18 passage, and is is so enacted.