By: Sims S.B. No. 1196
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the boll weevil eradication program.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 74.102, Agriculture Code, is amended by
1-4 amending Subdivisions (5) and (7) to read as follows:
1-5 (5) "Cotton grower means an individual who<: (A)>
1-6 grows cotton and <B> receives <direct> income on or after June 1,
1-7 1992, from the sale of cotton. This includes an individual, entity
1-8 or joint operator who as owner, landlord, tenant or sharecropper is
1-9 entitled to share in the cotton available for marketing from the
1-10 farm or share in the proceeds thereof, as determined in accordance
1-11 with 7 Code of Federal Regulations, Part 1413.
1-12 (7) "Eradication zone" means a geographic area in
1-13 which cotton growers by referendum approve their participation in a
1-14 boll weevil eradication program. Pest populations, eradication
1-15 program needs, and/or other entomological factors can result in the
1-16 addition of new counties to an established zone or the movement of
1-17 counties or portions of counties between zones upon approval of the
1-18 board, including areas and zones found under this subchapter.
1-19 SECTION 2. Section 74.105, Agriculture Code, is amended by
1-20 amending Subsection (f) as follows:
1-21 (f) After the passage of any referendum, the eligible voters
1-22 shall be allowed, by subsequent referenda periodically as specified
1-23 in, and only if expressly provided for in, the initial referendum,
2-1 to vote on whether to continue their assessments. All of the
2-2 requirements for an initial referendum must be met in subsequent
2-3 referenda.
2-4 SECTION 3. Section 74.107, Agriculture Code, is amended by
2-5 amending Subsection (a) to read as follows:
2-6 (a) The High Plains Boll Weevil Suppression Program Area and
2-7 the St. Lawrence Cotton Growers Boll Weevil Control Zone are
2-8 separate zones for the purposes of boll weevil eradication and may
2-9 not be combined with another area in an eradication zone under this
2-10 subchapter; provided, however, specific counties within these two
2-11 zones may be assigned or moved to other zones in accordance with
2-12 other provisions of the subchapter.
2-13 SECTION 4. Section 74.108, Agriculture Code, is amended by
2-14 adding Subdivisions (6), (7) and (8) to read as follows:
2-15 (6) annex a county where cotton production commences
2-16 adjacent to or in the biological area of an established eradication
2-17 zone and initiate the boll weevil eradication program and assess
2-18 cotton growers in order to ensure the integrity and success of the
2-19 overall program. Notice of intent to initiate eradication and
2-20 collect assessments shall be preceded by informational meetings
2-21 within the affected areas no later than 60 days before the average
2-22 planting date for the area;
2-23 (7) accept, for the purposes of implementing this
2-24 chapter, gifts, grants and donations, and where necessary for
2-25 carrying out this chapter, obtain financing through the borrowing
3-1 of funds or other methods; and
3-2 (8) take any such other actions and exercise such
3-3 other authority and power as may be necessary to carry out any act
3-4 authorized or permitted by this subchapter and/or by the Texas
3-5 Non-Profit Corporation Act.
3-6 SECTION 5. Sec. 74.109, Agriculture Code, is amended by
3-7 amending Subsection (c) and (d) as follows:
3-8 (c) The foundation shall provide fidelity <surety> bonds <in
3-9 amounts determined by the commissioner> for employees or agents who
3-10 handle funds for the foundation, in amounts determined by the
3-11 board.
3-12 (d) The foundation and the board are state agencies for the
3-13 purpose of exemption from taxation (including without limitation
3-14 exemption from the payment of sales taxes and of vehicle
3-15 registration fees and taxes of all types under Chapter 152 of the
3-16 Texas Tax Code) and indemnification and for no other purpose.
3-17 Provided, however, the foundation shall be a "governmental unit",
3-18 as defined in and for the limited purpose of Section 101.001 of the
3-19 Texas Civil Practices and Remedies Code, and shall be entitled to
3-20 governmental immunity, and any tort claims against the foundation
3-21 must be brought pursuant to, and are subject to, the provisions of
3-22 Chapter 101 of the Texas Civil Practices and Remedies Code. <The
3-23 foundation shall collect, receive, hold in trust, and disburse all
3-24 assessments and other funds collected under this subchapter as
3-25 trust funds of the foundation. The foundation board is a state
4-1 agency for exemption from taxation and indemnification only and for
4-2 no other purpose.> Funds collected by the foundation are not state
4-3 funds and are not required to be deposited in the state treasury.
4-4 The foundation shall deposit all money collected under this
4-5 subchapter in a bank or other depository approved by the board.
4-6 SECTION 6. Section 74.110, Agriculture Code, is amended by
4-7 amending Subsection (a) to read as follows:
4-8 (a) Except for instances of gross negligence, individual
4-9 criminal actions, or acts of dishonesty, the foundation and the
4-10 foundation's members, directors, officers, and employees are not
4-11 liable to a cotton grower or any other person for:
4-12 (1) errors in judgment;
4-13 (2) mistakes; or
4-14 (3) other acts or omissions.
4-15 SECTION 7. Section 74.113, Agriculture Code, is amended by
4-16 amending subsection (f) to read as follows:
4-17 (f) An assessment levied on cotton growers in an eradication
4-18 zone may be applied only to:
4-19 (1) eradication in that zone;
4-20 (2) the foundation's operating costs, including
4-21 payments on debt incurred for any foundation activity; and
4-22 (3) the conducting of other programs consistent with
4-23 the declaration of policy stated in Section 74.101 of this code.
4-24 SECTION 8. Section 74.114, Agriculture Code, is amended by
4-25 amending subsections (e), (f) and (i) to read as follows: (e) An
5-1 eligible cotton grower may vote only once in a referendum or board
5-2 election. Individual voter information, including the individual's
5-3 vote on referenda or in board elections conducted in accordance
5-4 with this section is deemed confidential and is not subject to
5-5 disclosure under the Texas Open Records Act.
5-6 (f) Ballots in a referendum or board election must <may> be
5-7 mailed to a central location to be initially determined by the
5-8 commissioner and later determined by the board. A cotton grower
5-9 eligible to vote in a referendum or board election who has not
5-10 received a ballot from the foundation or the local FSA office shall
5-11 be offered the option of requesting a ballot by mail or obtaining a
5-12 ballot <voting in person> at the office of the county agent of the
5-13 Texas Agricultural Extension Service or the FSA office in a <the>
5-14 county within the proposed or established zone in which the
5-15 referendum or board election is being conducted <in which the
5-16 cotton grower resides>. All completed ballots must be mailed by
5-17 the voter to the designated central location and cannot be held by
5-18 a county agent <A county agent shall hold ballots received under
5-19 this section in trust and shall count the ballots and report the
5-20 results to the commissioner and the foundation>.
5-21 (i) A public hearing regarding the proposed eradication
5-22 program <plan>, including information on regulations to be
5-23 promulgated by the foundation and the commissioner, shall be held
5-24 by the foundation in each of several locations within each boll
5-25 weevil eradication zone. The area posted for each hearing shall
6-1 cover no more than six contiguous counties that have cotton
6-2 production at the time of the hearing.
6-3 SECTION 9. Section 74.115, Agriculture Code, is amended by
6-4 amending Subsections (b) and (c) to read as follows:
6-5 (b) A cotton grower who fails to pay all assessments and
6-6 penalties before the 10th <31st> day after receiving notice of the
6-7 delinquency shall destroy any cotton growing on the grower's
6-8 acreage that is subject to the assessment. Cotton plants that are
6-9 not destroyed are a public nuisance, and, on recommendation of the
6-10 foundation, the department shall follow the procedures for
6-11 destruction of host plants provided by Subchapter A of this
6-12 chapter, including procedures for reimbursement by the grower of
6-13 costs required for destruction. The department may apply to a
6-14 district court with jurisdiction in the county in which the public
6-15 nuisance is located to have the nuisance condemned and destroyed.
6-16 Injunctive relief available to the department under this subchapter
6-17 is in addition to any other legal remedy available to the
6-18 department. The department is not required to file a bond in a
6-19 proceeding under this subsection.
6-20 (c) In addition to any other remedies for the collection of
6-21 assessments and penalties, the department may place and perfect a
6-22 lien on any cotton produced and harvested from the acreage that is
6-23 subject to the assessment <before the destruction of other cotton
6-24 grown from the acreage that is subject to the assessment> that is
6-25 due and unpaid for the next five years. A buyer of cotton takes
7-1 free of the lien if the buyer has not received written or actual
7-2 notice of the lien from the department or if the buyer has paid for
7-3 the cotton by a check on which the department is named as a joint
7-4 payee. In an action to enforce the lien, the burden is on the
7-5 department to prove that the buyer of cotton received written or
7-6 actual notice of the lien. A buyer of cotton other than a person
7-7 buying cotton from the cotton grower takes free of the lien.
7-8 SECTION 10. Section 74.116(b), Agriculture Code, is amended
7-9 by amending Subsection (b) to read as follows:
7-10 (b) A cotton grower may not qualify for an exemption under
7-11 this section for a year in which the amount computed by subtracting
7-12 the assessments and penalties due under this subchapter from the
7-13 cotton grower's new income subject to federal income taxation for
7-14 the prior year is greater than $15,000.
7-15 SECTION 11. Sec. 74.120, Agriculture Code, is amended by
7-16 amending Subsection (c) to read as follows:
7-17 (c) The foundation and the department may adopt other
7-18 reasonable rules <it considers> necessary to carry out the purposes
7-19 of this subchapter and Subchapter A of this chapter. All rules
7-20 issued under this subchapter must be adopted and published in
7-21 accordance with state requirements. Rules adopted by the
7-22 foundation under this section shall be consistent with rules
7-23 adopted by the commissioner under this subchapter.
7-24 SECTION 12. Sec. 74.125, Agriculture Code, is amended to
7-25 read as follows: The board, in cooperation with the commissioner,
8-1 shall endeavor to develop rules and procedures to:
8-2 (1) protect the eligibility of organic producers to be
8-3 certified by the commissioner;
8-4 (2) ensure that organic and transitional certification
8-5 by the commissioner continue to meet national certification
8-6 standards in order for organic cotton to maintain international
8-7 marketability; <and>
8-8 (3) but in all events shall maintain the effectiveness
8-9 of the boll weevil eradication program administered under this
8-10 subchapter.
8-11 SECTION 13. Sec. 74.126, Agriculture Code, is amended by
8-12 amending Subsection (c) to read as follows:
8-13 (c) If the commissioner or the foundation determines that a
8-14 violation of this subchapter or a rule adopted under this
8-15 subchapter has occurred, the commissioner or the foundation may
8-16 request that the attorney general or the county or district
8-17 attorney of the county in which the alleged violation occurred or
8-18 is occurring file suit for civil, injunctive, and/or other
8-19 appropriate relief.
8-20 SECTION 14. Sec. 74.127, Agriculture Code, is amended by
8-21 adding Subsection (c) to read as follows: Sunset Provision.
8-22 (a) The board is subject to Chapter 325, Government Code (Texas
8-23 Sunset Act). Unless continued in existence as provided by that
8-24 chapter, the board is abolished and this subchapter expires
8-25 September 1, 2004.
9-1 (b) The commissioner may order the dissolution of the
9-2 foundation at any time the commissioner determines that the
9-3 purposes of this subchapter have been fulfilled or that the
9-4 foundation is inoperative and abandoned. Dissolution shall be
9-5 conducted in accordance with Section 74.112 of this code.
9-6 (c) If the foundation is abolished under Sec. 74.127, Texas
9-7 Agriculture Code, assessments approved, levied or otherwise
9-8 collectable on the date of abolishment will be continued if
9-9 necessary to fulfill financial obligations of the foundation.
9-10 SECTION 15. This Act takes effect September 1, 1995.
9-11 SECTION 16. The importance of this legislation and the
9-12 crowded condition of the calendars in both houses create an
9-13 emergency and an imperative public necessity that the
9-14 constitutional rule requiring bills to be read on three several
9-15 days in each house be suspended, and this rule is hereby suspended,
9-16 and that this Act take effect and be in force from and after its
9-17 passage, and it is so enacted.