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                               * * * * *