1-1 By: Finnell (Senate Sponsor - Sims) H.B. No. 3003
1-2 (In the Senate - Received from the House April 25, 1995;
1-3 April 26, 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 the control and eradication of cotton pests by the
1-9 Department of Agriculture.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 74.001, Agriculture Code, is amended to
1-12 read as follows:
1-13 Sec. 74.001. PUBLIC NUISANCE. The legislature finds that
1-14 cotton pests are <Anthonomus grandis Boheman, known as the boll
1-15 weevil, is a public nuisance and> a menace to the cotton industry,
1-16 and that <its> control of those pests is a public necessity. Any
1-17 portion of the state that is susceptible to infestation by cotton
1-18 pests must be protected from this public nuisance and threat to the
1-19 continued stability of the cotton industry.
1-20 SECTION 2. Section 74.002, Agriculture Code, is amended to
1-21 read as follows:
1-22 Sec. 74.002. DEFINITIONS. In this subchapter:
1-23 (1) "Cotton" includes the cotton plant, cotton in the
1-24 boll, cotton stalk, and all cotton products, including seed cotton,
1-25 cottonseed, and cotton hulls, but not including cotton oil or
1-26 cotton meal.
1-27 (2) "Cotton pest" includes the boll weevil and the
1-28 pink bollworm.
1-29 (3) "Host plant" means a plant susceptible to
1-30 infestation by the boll weevil, pink bollworm, or any other cotton
1-31 pest.
1-32 (4) <(3)> "Boll weevil" means the insect Anthonomus
1-33 grandis Boheman, in any stage of development, including the egg,
1-34 larval, pupal, and adult stages.
1-35 (5) "Okra" includes okra stalks.
1-36 (6) "Pest management zone" means a geographical zone
1-37 established by the department under this chapter for purposes of
1-38 cotton pest control and prevention.
1-39 (7) "Pink bollworm" means the insect Pectinophora
1-40 gossypiella, Saunders, in any stage of development, including the
1-41 egg, larval, pupal, and adult stages.
1-42 SECTION 3. Sections 74.003(a), (d), (e), and (f),
1-43 Agriculture Code, are amended to read as follows:
1-44 (a) Any producer organization authorized under the laws of
1-45 this state or recognized under department rules and representing
1-46 cotton producers may petition the commissioner for certification to
1-47 establish a pest management zone. A pest management zone may
1-48 include all or part of one or more counties.
1-49 (d) An administrative committee shall govern each pest
1-50 management zone. The committee consists of a representative of the
1-51 department and of cotton producers who represent the counties in
1-52 the zone and who are appointed by the commissioner. Each county in
1-53 the zone must be represented by a producer on the committee. The
1-54 committee shall: <consist of one authorized representative of the
1-55 department, one cotton producer from each of the counties in the
1-56 pest management zone in which cotton production occupies less than
1-57 50,000 acres, and two cotton producers from each of the counties in
1-58 the pest management zone in which cotton production exceeds 50,000
1-59 acres.>
1-60 <(e) The commissioner shall appoint the producer members of
1-61 the administrative committee for a term of two years expiring on
1-62 December 31 of the second year, selecting the appointees from a
1-63 pool of nominees submitted by certified cotton producer
1-64 organizations as defined in Section 14 of the federal Cotton
1-65 Research and Promotion Act (7 U.S.C. Sections 2101-2118). Nominees
1-66 must be resident active producers from a county within the proposed
1-67 zone. A minimum of three nominees must be provided for each
1-68 producer position on each administrative committee.>
2-1 <(f) The administrative committee of a pest management zone
2-2 organized under this section shall:>
2-3 (1) make recommendations to the department regarding
2-4 control of cotton pests <the boll weevil> in the zone, including
2-5 recommendations on <or> regulations needed to control and prevent
2-6 cotton pest <boll weevil> infestation;
2-7 (2) make recommendations on any legislative changes
2-8 that are needed; and
2-9 (3) give advice and counsel to the department
2-10 regarding effective enforcement of this subchapter within the zone.
2-11 SECTION 4. Sections 74.004(a), (c), and (f), Agriculture
2-12 Code, are amended to read as follows:
2-13 (a) On petition of the administrative committee of a pest
2-14 management zone, the department may establish regulated areas,
2-15 dates, and appropriate methods of destruction of stalks, other
2-16 parts, and products of host plants for cotton pests <boll weevils>,
2-17 including requirements for destruction of foliage, fruiting
2-18 structures, and root systems of host plants after the harvest
2-19 deadline.
2-20 (c) On the declaration of a field as a public nuisance, the
2-21 department may take any action necessary to complete destruction of
2-22 host plants or host plant products or parts to prevent the spread
2-23 of cotton pests <boll weevils> from the infested area and shall:
2-24 (1) immediately give written notice to any farm owner
2-25 and to the operator in charge of the field that the field is in
2-26 violation of this section, instructing the owner and operator to
2-27 destroy host plants or host plant products or parts within seven
2-28 days after the date written notice is issued <received>;
2-29 (2) <publish the notice in a newspaper of general
2-30 circulation in the county where the land is located or> post for a
2-31 period of three consecutive days a copy of the notice on or in the
2-32 immediate vicinity of the field in violation, if either the owner
2-33 or operator of the field cannot be located after a reasonably
2-34 diligent effort by the department; and
2-35 (3) have the host plants or host plant products or
2-36 parts destroyed, if no response is received by the department from
2-37 either the owner or operator within four days after the date of
2-38 posting of the notice at the field or if the department considers a
2-39 response inadequate.
2-40 (f) If neither the farm owner nor operator reimburses the
2-41 department as provided by Subsection (e) of this section within 30
2-42 days after the date of the completion of department action and
2-43 issuance by the department of a bill requesting payment <under
2-44 Subsection (c) of this section, or, if an extension has been
2-45 granted under Subsection (d) of this section, within 30 days after
2-46 the date of expiration of the extension>, the department may place
2-47 a lien against the property on which a violation of a department
2-48 regulation under this section has occurred.
2-49 SECTION 5. Section 74.005, Agriculture Code, is amended to
2-50 read as follows:
2-51 Sec. 74.005. ENTRY POWER; INSPECTIONS. For the purpose of
2-52 enforcing this chapter, the department is entitled to:
2-53 (1) enter any field of host plants or any premises in
2-54 which a host plant or its product is stored or held;
2-55 (2) examine any product, container, or substance
2-56 susceptible to cotton pest <boll weevil> infestation; and
2-57 (3) examine the records of a purchaser, handler, or
2-58 common carrier of host plant products.
2-59 SECTION 6. Section 74.007(a), Agriculture Code, is amended
2-60 to read as follows:
2-61 (a) A person commits an offense if the person:
2-62 (1) violates a proclamation or a rule or restriction
2-63 adopted under this subchapter;
2-64 (2) brings into this state any equipment or material
2-65 contaminated with cotton pests <boll weevils>; or
2-66 (3) fails to comply with a rule adopted for the
2-67 control and direction of host plant growing.
2-68 SECTION 7. Sections 74.052, 74.054, 74.055, 74.059, and
2-69 74.060, Agriculture Code, are transferred to Subchapter A, Chapter
2-70 74, Agriculture Code, are renumbered as Sections 74.009-74.013, and
3-1 are amended to read as follows:
3-2 Sec. 74.009 <74.052>. COTTON PEST CONTROL AND ERADICATION
3-3 POLICY. <The pink bollworm is a public nuisance and a menace to
3-4 the cotton industry, and its eradication is a public necessity.>
3-5 The state shall employ all constitutional methods to control and
3-6 eradicate cotton pests <the pink bollworm> that scientific research
3-7 demonstrates to be successful, including:
3-8 (1) inspection of host plants in the field or host
3-9 plant products where stored;
3-10 (2) quarantine and fumigation of equipment, host
3-11 plants, and host plant products found to be contaminated;
3-12 (3) supervision of the growing of host plants in areas
3-13 known to be contaminated;
3-14 (4) destruction of infested fields of host plants or
3-15 of infested host plant products; <and>
3-16 (5) prevention of planting of host plants in areas
3-17 where infestation has been found; and
3-18 (6) prevention of movement of equipment contaminated
3-19 or reasonably suspected to be contaminated with cotton pests.
3-20 Sec. 74.010 <74.054>. REGULATION OF COTTON PESTS <PINK
3-21 BOLLWORM>; QUARANTINES. (a) <The department may adopt rules
3-22 governing the control of pink bollworm under this subchapter.>
3-23 <(b)> If, under prior law, the department <governor>
3-24 proclaimed a quarantine against infested territory, no person may
3-25 import into Texas from the quarantined territory a substance
3-26 susceptible to cotton pest <pink bollworm> infestation.
3-27 (b) <(c)> The department shall maintain a rigid inspection
3-28 of substances susceptible to cotton pest <pink bollworm>
3-29 contamination that are being carried from quarantined territory
3-30 into, through, or within this state.
3-31 Sec. 74.011 <74.055>. Regulation of Ginning. A ginner may
3-32 not gin cotton from a regulated zone under this subchapter unless
3-33 the ginner disinfects the seed in accordance with rules of the
3-34 department.
3-35 Sec. 74.012 <74.059>. INSPECTORS. <(a)> The department may
3-36 employ and prescribe the qualifications and duties of inspectors
3-37 and other employees necessary to the administration of this
3-38 subchapter.
3-39 <(b) In order to be employed as an inspector under this
3-40 section, a person must have two years' actual experience as an
3-41 entomologist or two years' training as an entomologist in the
3-42 science department of a reputable college or university.>
3-43 Sec. 74.013 <74.060>. COOPERATION WITH FEDERAL PROGRAMS.
3-44 The department shall cooperate with the United States Department of
3-45 Agriculture in any measure authorized by, and undertaken in
3-46 accordance with, federal law for preventing the introduction or
3-47 establishment of cotton pests <pink bollworm> in this state.
3-48 SECTION 8. The following laws are repealed:
3-49 (1) Sections 74.051, 74.053, 74.057, 74.058, 74.061,
3-50 and 74.062, Agriculture Code;
3-51 (2) the heading to Subchapter B, Chapter 74,
3-52 Agriculture Code; and
3-53 (3) Subchapter C, Chapter 74, Agriculture Code.
3-54 SECTION 9. The importance of this legislation and the
3-55 crowded condition of the calendars in both houses create an
3-56 emergency and an imperative public necessity that the
3-57 constitutional rule requiring bills to be read on three several
3-58 days in each house be suspended, and this rule is hereby suspended,
3-59 and that this Act take effect and be in force from and after its
3-60 passage, and it is so enacted.
3-61 * * * * *