H.B. No. 3003
1-1 AN ACT
1-2 relating to the control and eradication of cotton pests by the
1-3 Department of Agriculture.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 74.001, Agriculture Code, is amended to
1-6 read as follows:
1-7 Sec. 74.001. PUBLIC NUISANCE. The legislature finds that
1-8 cotton pests are <Anthonomus grandis Boheman, known as the boll
1-9 weevil, is a public nuisance and> a menace to the cotton industry,
1-10 and that <its> control of those pests is a public necessity. Any
1-11 portion of the state that is susceptible to infestation by cotton
1-12 pests must be protected from this public nuisance and threat to the
1-13 continued stability of the cotton industry.
1-14 SECTION 2. Section 74.002, Agriculture Code, is amended to
1-15 read as follows:
1-16 Sec. 74.002. DEFINITIONS. In this subchapter:
1-17 (1) "Cotton" includes the cotton plant, cotton in the
1-18 boll, cotton stalk, and all cotton products, including seed cotton,
1-19 cottonseed, and cotton hulls, but not including cotton oil or
1-20 cotton meal.
1-21 (2) "Cotton pest" includes the boll weevil and the
1-22 pink bollworm.
1-23 (3) "Host plant" means a plant susceptible to
1-24 infestation by the boll weevil, pink bollworm, or any other cotton
2-1 pest.
2-2 (4) <(3)> "Boll weevil" means the insect Anthonomus
2-3 grandis Boheman, in any stage of development, including the egg,
2-4 larval, pupal, and adult stages.
2-5 (5) "Okra" includes okra stalks.
2-6 (6) "Pest management zone" means a geographical zone
2-7 established by the department under this chapter for purposes of
2-8 cotton pest control and prevention.
2-9 (7) "Pink bollworm" means the insect Pectinophora
2-10 gossypiella, Saunders, in any stage of development, including the
2-11 egg, larval, pupal, and adult stages.
2-12 SECTION 3. Sections 74.003(a), (d), (e), and (f),
2-13 Agriculture Code, are amended to read as follows:
2-14 (a) Any producer organization authorized under the laws of
2-15 this state or recognized under department rules and representing
2-16 cotton producers may petition the commissioner for certification to
2-17 establish a pest management zone. A pest management zone may
2-18 include all or part of one or more counties.
2-19 (d) An administrative committee shall govern each pest
2-20 management zone. The committee consists of a representative of the
2-21 department and of cotton producers who represent the counties in
2-22 the zone and who are appointed by the commissioner. Each county in
2-23 the zone must be represented by a producer on the committee. The
2-24 committee shall: <consist of one authorized representative of the
2-25 department, one cotton producer from each of the counties in the
2-26 pest management zone in which cotton production occupies less than
2-27 50,000 acres, and two cotton producers from each of the counties in
3-1 the pest management zone in which cotton production exceeds 50,000
3-2 acres.>
3-3 <(e) The commissioner shall appoint the producer members of
3-4 the administrative committee for a term of two years expiring on
3-5 December 31 of the second year, selecting the appointees from a
3-6 pool of nominees submitted by certified cotton producer
3-7 organizations as defined in Section 14 of the federal Cotton
3-8 Research and Promotion Act (7 U.S.C. Sections 2101-2118). Nominees
3-9 must be resident active producers from a county within the proposed
3-10 zone. A minimum of three nominees must be provided for each
3-11 producer position on each administrative committee.>
3-12 <(f) The administrative committee of a pest management zone
3-13 organized under this section shall:>
3-14 (1) make recommendations to the department regarding
3-15 control of cotton pests <the boll weevil> in the zone, including
3-16 recommendations on <or> regulations needed to control and prevent
3-17 cotton pest <boll weevil> infestation;
3-18 (2) make recommendations on any legislative changes
3-19 that are needed; and
3-20 (3) give advice and counsel to the department
3-21 regarding effective enforcement of this subchapter within the zone.
3-22 SECTION 4. Sections 74.004(a), (c), and (f), Agriculture
3-23 Code, are amended to read as follows:
3-24 (a) On petition of the administrative committee of a pest
3-25 management zone, the department may establish regulated areas,
3-26 dates, and appropriate methods of destruction of stalks, other
3-27 parts, and products of host plants for cotton pests <boll weevils>,
4-1 including requirements for destruction of foliage, fruiting
4-2 structures, and root systems of host plants after the harvest
4-3 deadline.
4-4 (c) On the declaration of a field as a public nuisance, the
4-5 department may take any action necessary to complete destruction of
4-6 host plants or host plant products or parts to prevent the spread
4-7 of cotton pests <boll weevils> from the infested area and shall:
4-8 (1) immediately give written notice to any farm owner
4-9 and to the operator in charge of the field that the field is in
4-10 violation of this section, instructing the owner and operator to
4-11 destroy host plants or host plant products or parts within seven
4-12 days after the date written notice is issued <received>;
4-13 (2) <publish the notice in a newspaper of general
4-14 circulation in the county where the land is located or> post for a
4-15 period of three consecutive days a copy of the notice on or in the
4-16 immediate vicinity of the field in violation, if either the owner
4-17 or operator of the field cannot be located after a reasonably
4-18 diligent effort by the department; and
4-19 (3) have the host plants or host plant products or
4-20 parts destroyed, if no response is received by the department from
4-21 either the owner or operator within four days after the date of
4-22 posting of the notice at the field or if the department considers a
4-23 response inadequate.
4-24 (f) If neither the farm owner nor operator reimburses the
4-25 department as provided by Subsection (e) of this section within 30
4-26 days after the date of the completion of department action and
4-27 issuance by the department of a bill requesting payment <under
5-1 Subsection (c) of this section, or, if an extension has been
5-2 granted under Subsection (d) of this section, within 30 days after
5-3 the date of expiration of the extension>, the department may place
5-4 a lien against the property on which a violation of a department
5-5 regulation under this section has occurred.
5-6 SECTION 5. Section 74.005, Agriculture Code, is amended to
5-7 read as follows:
5-8 Sec. 74.005. ENTRY POWER; INSPECTIONS. For the purpose of
5-9 enforcing this chapter, the department is entitled to:
5-10 (1) enter any field of host plants or any premises in
5-11 which a host plant or its product is stored or held;
5-12 (2) examine any product, container, or substance
5-13 susceptible to cotton pest <boll weevil> infestation; and
5-14 (3) examine the records of a purchaser, handler, or
5-15 common carrier of host plant products.
5-16 SECTION 6. Section 74.007(a), Agriculture Code, is amended
5-17 to read as follows:
5-18 (a) A person commits an offense if the person:
5-19 (1) violates a proclamation or a rule or restriction
5-20 adopted under this subchapter;
5-21 (2) brings into this state any equipment or material
5-22 contaminated with cotton pests <boll weevils>; or
5-23 (3) fails to comply with a rule adopted for the
5-24 control and direction of host plant growing.
5-25 SECTION 7. Sections 74.052, 74.054, 74.055, 74.059, and
5-26 74.060, Agriculture Code, are transferred to Subchapter A, Chapter
5-27 74, Agriculture Code, are renumbered as Sections 74.009-74.013, and
6-1 are amended to read as follows:
6-2 Sec. 74.009 <74.052>. COTTON PEST CONTROL AND ERADICATION
6-3 POLICY. <The pink bollworm is a public nuisance and a menace to
6-4 the cotton industry, and its eradication is a public necessity.>
6-5 The state shall employ all constitutional methods to control and
6-6 eradicate cotton pests <the pink bollworm> that scientific research
6-7 demonstrates to be successful, including:
6-8 (1) inspection of host plants in the field or host
6-9 plant products where stored;
6-10 (2) quarantine and fumigation of equipment, host
6-11 plants, and host plant products found to be contaminated;
6-12 (3) supervision of the growing of host plants in areas
6-13 known to be contaminated;
6-14 (4) destruction of infested fields of host plants or
6-15 of infested host plant products; <and>
6-16 (5) prevention of planting of host plants in areas
6-17 where infestation has been found; and
6-18 (6) prevention of movement of equipment contaminated
6-19 or reasonably suspected to be contaminated with cotton pests.
6-20 Sec. 74.010 <74.054>. REGULATION OF COTTON PESTS <PINK
6-21 BOLLWORM>; QUARANTINES. (a) <The department may adopt rules
6-22 governing the control of pink bollworm under this subchapter.>
6-23 <(b)> If, under prior law, the department <governor>
6-24 proclaimed a quarantine against infested territory, no person may
6-25 import into Texas from the quarantined territory a substance
6-26 susceptible to cotton pest <pink bollworm> infestation.
6-27 (b) <(c)> The department shall maintain a rigid inspection
7-1 of substances susceptible to cotton pest <pink bollworm>
7-2 contamination that are being carried from quarantined territory
7-3 into, through, or within this state.
7-4 Sec. 74.011 <74.055>. Regulation of Ginning. A ginner may
7-5 not gin cotton from a regulated zone under this subchapter unless
7-6 the ginner disinfects the seed in accordance with rules of the
7-7 department.
7-8 Sec. 74.012 <74.059>. INSPECTORS. <(a)> The department may
7-9 employ and prescribe the qualifications and duties of inspectors
7-10 and other employees necessary to the administration of this
7-11 subchapter.
7-12 <(b) In order to be employed as an inspector under this
7-13 section, a person must have two years' actual experience as an
7-14 entomologist or two years' training as an entomologist in the
7-15 science department of a reputable college or university.>
7-16 Sec. 74.013 <74.060>. COOPERATION WITH FEDERAL PROGRAMS.
7-17 The department shall cooperate with the United States Department of
7-18 Agriculture in any measure authorized by, and undertaken in
7-19 accordance with, federal law for preventing the introduction or
7-20 establishment of cotton pests <pink bollworm> in this state.
7-21 SECTION 8. The following laws are repealed:
7-22 (1) Sections 74.051, 74.053, 74.057, 74.058, 74.061,
7-23 and 74.062, Agriculture Code;
7-24 (2) the heading to Subchapter B, Chapter 74,
7-25 Agriculture Code; and
7-26 (3) Subchapter C, Chapter 74, Agriculture Code.
7-27 SECTION 9. The importance of this legislation and the
8-1 crowded condition of the calendars in both houses create an
8-2 emergency and an imperative public necessity that the
8-3 constitutional rule requiring bills to be read on three several
8-4 days in each house be suspended, and this rule is hereby suspended,
8-5 and that this Act take effect and be in force from and after its
8-6 passage, and it is so enacted.