By Finnell H.B. No. 3003
74R6874 JRD-F
A BILL TO BE ENTITLED
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) "Pink bollworm" means the insect Pectinophora
2-7 gossypiella, Saunders, in any stage of development, including the
2-8 egg, larval, pupal, and adult stages.
2-9 SECTION 3. Sections 74.003(d)-(f), Agriculture Code, are
2-10 amended to read as follows:
2-11 (d) An administrative committee shall govern each pest
2-12 management zone. The committee shall: <consist of one authorized
2-13 representative of the department, one cotton producer from each of
2-14 the counties in the pest management zone in which cotton production
2-15 occupies less than 50,000 acres, and two cotton producers from each
2-16 of the counties in the pest management zone in which cotton
2-17 production exceeds 50,000 acres.>
2-18 <(e) The commissioner shall appoint the producer members of
2-19 the administrative committee for a term of two years expiring on
2-20 December 31 of the second year, selecting the appointees from a
2-21 pool of nominees submitted by certified cotton producer
2-22 organizations as defined in Section 14 of the federal Cotton
2-23 Research and Promotion Act (7 U.S.C. Sections 2101-2118). Nominees
2-24 must be resident active producers from a county within the proposed
2-25 zone. A minimum of three nominees must be provided for each
2-26 producer position on each administrative committee.>
2-27 <(f) The administrative committee of a pest management zone
3-1 organized under this section shall:>
3-2 (1) make recommendations to the department regarding
3-3 control of cotton pests <the boll weevil> in the zone, including
3-4 recommendations on <or> regulations needed to control and prevent
3-5 cotton pest <boll weevil> infestation;
3-6 (2) make recommendations on any legislative changes
3-7 that are needed; and
3-8 (3) give advice and counsel to the department
3-9 regarding effective enforcement of this subchapter within the zone.
3-10 SECTION 4. Sections 74.004(a), (c), and (f), Agriculture
3-11 Code, are amended to read as follows:
3-12 (a) On petition of the administrative committee of a pest
3-13 management zone, the department may establish regulated areas,
3-14 dates, and appropriate methods of destruction of stalks, other
3-15 parts, and products of host plants for cotton pests <boll weevils>,
3-16 including requirements for destruction of foliage, fruiting
3-17 structures, and root systems of host plants after the harvest
3-18 deadline.
3-19 (c) On the declaration of a field as a public nuisance, the
3-20 department may take any action necessary to complete destruction of
3-21 host plants or host plant products or parts to prevent the spread
3-22 of cotton pests <boll weevils> from the infested area and shall:
3-23 (1) immediately give written notice to any farm owner
3-24 and to the operator in charge of the field that the field is in
3-25 violation of this section, instructing the owner and operator to
3-26 destroy host plants or host plant products or parts within seven
3-27 days after the date written notice is received;
4-1 (2) <publish the notice in a newspaper of general
4-2 circulation in the county where the land is located or> post for a
4-3 period of three consecutive days a copy of the notice on or in the
4-4 immediate vicinity of the field in violation, if either the owner
4-5 or operator of the field cannot be located after a reasonably
4-6 diligent effort by the department; and
4-7 (3) have the host plants or host plant products or
4-8 parts destroyed, if no response is received by the department from
4-9 either the owner or operator within four days after the date of
4-10 posting of the notice at the field or if the department considers a
4-11 response inadequate.
4-12 (f) If neither the farm owner nor operator reimburses the
4-13 department as provided by Subsection (e) of this section within 30
4-14 days after the date of the completion of department action and
4-15 issuance by the department of a bill requesting payment <under
4-16 Subsection (c) of this section, or, if an extension has been
4-17 granted under Subsection (d) of this section, within 30 days after
4-18 the date of expiration of the extension>, the department may place
4-19 a lien against the property on which a violation of a department
4-20 regulation under this section has occurred.
4-21 SECTION 5. Section 74.005, Agriculture Code, is amended to
4-22 read as follows:
4-23 Sec. 74.005. ENTRY POWER; INSPECTIONS. For the purpose of
4-24 enforcing this chapter, the department is entitled to:
4-25 (1) enter any field of host plants or any premises in
4-26 which a host plant or its product is stored or held;
4-27 (2) examine any product, container, or substance
5-1 susceptible to cotton pest <boll weevil> infestation; and
5-2 (3) examine the records of a purchaser, handler, or
5-3 common carrier of host plant products.
5-4 SECTION 6. Section 74.007(a), Agriculture Code, is amended
5-5 to read as follows:
5-6 (a) A person commits an offense if the person:
5-7 (1) violates a proclamation or a rule or restriction
5-8 adopted under this subchapter;
5-9 (2) brings into this state any material contaminated
5-10 with cotton pests <boll weevils>; or
5-11 (3) fails to comply with a rule adopted for the
5-12 control and direction of host plant growing.
5-13 SECTION 7. Sections 74.052, 74.054, 74.055, 74.059, and
5-14 74.060, Agriculture Code, are transferred to Subchapter A, Chapter
5-15 74, Agriculture Code, are renumbered as Sections 74.009-74.013, and
5-16 are amended to read as follows:
5-17 Sec. 74.009 <74.052>. CONTROL AND ERADICATION POLICY. <The
5-18 pink bollworm is a public nuisance and a menace to the cotton
5-19 industry, and its eradication is a public necessity.> The state
5-20 shall employ all constitutional methods to control and eradicate
5-21 cotton pests <the pink bollworm> that scientific research
5-22 demonstrates to be successful, including:
5-23 (1) inspection of host plants in the field or host
5-24 plant products where stored;
5-25 (2) quarantine and fumigation of host plants and host
5-26 plant products found to be contaminated;
5-27 (3) supervision of the growing of host plants in areas
6-1 known to be contaminated;
6-2 (4) destruction of infested fields of host plants or
6-3 of infested host plant products; <and>
6-4 (5) prevention of planting of host plants in areas
6-5 where infestation has been found; and
6-6 (6) prevention of movement of equipment contaminated
6-7 or reasonably suspected to be contaminated with cotton pests.
6-8 Sec. 74.010 <74.054>. REGULATION OF COTTON PESTS <PINK
6-9 BOLLWORM>; QUARANTINES. (a) <The department may adopt rules
6-10 governing the control of pink bollworm under this subchapter.>
6-11 <(b)> If, under prior law, the governor proclaimed a
6-12 quarantine against infested territory, no person may import into
6-13 Texas from the quarantined territory a substance susceptible to
6-14 cotton pest <pink bollworm> infestation.
6-15 (b) <(c)> The department shall maintain a rigid inspection
6-16 of substances susceptible to cotton pest <pink bollworm>
6-17 contamination that are being carried from quarantined territory
6-18 into this state.
6-19 Sec. 74.011 <74.055>. Regulation of Ginning. A ginner may
6-20 not gin cotton from a regulated zone under this subchapter unless
6-21 the ginner disinfects the seed in accordance with rules of the
6-22 department.
6-23 Sec. 74.012 <74.059>. INSPECTORS. <(a)> The department may
6-24 employ and prescribe the qualifications and duties of inspectors
6-25 and other employees necessary to the administration of this
6-26 subchapter.
6-27 <(b) In order to be employed as an inspector under this
7-1 section, a person must have two years' actual experience as an
7-2 entomologist or two years' training as an entomologist in the
7-3 science department of a reputable college or university.>
7-4 Sec. 74.013 <74.060>. COOPERATION WITH FEDERAL PROGRAMS.
7-5 The department shall cooperate with the United States Department of
7-6 Agriculture in any measure authorized by, and undertaken in
7-7 accordance with, federal law for preventing the introduction or
7-8 establishment of cotton pests <pink bollworm> in this state.
7-9 SECTION 8. The following laws are repealed:
7-10 (1) Sections 74.0041, 74.051, 74.053, 74.057, 74.058,
7-11 74.061, and 74.062, Agriculture Code;
7-12 (2) the heading to Subchapter B, Chapter 74,
7-13 Agriculture Code; and
7-14 (3) Subchapter C, Chapter 74, Agriculture Code.
7-15 SECTION 9. The importance of this legislation and the
7-16 crowded condition of the calendars in both houses create an
7-17 emergency and an imperative public necessity that the
7-18 constitutional rule requiring bills to be read on three several
7-19 days in each house be suspended, and this rule is hereby suspended,
7-20 and that this Act take effect and be in force from and after its
7-21 passage, and it is so enacted.