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.