Amend Floor Amendment No. 1 to CSSB 1814 as follows:
      (1)  In SECTION 1.01 of the proposed amendment, amend section
74.101(3), Subchapter D, Chapter 74, Agricultural Code to read as
follows:
      (3)  there is a need for a quasi-governmental entity acting
under the supervision and control of the commissioner whose members
are actual cotton growers who would be represented on the board of
the entity by directors elected by them to act as the agent of the
department to manage eradication and suppression programs and to
furnish expertise in the field of insect control and eradication,
because such an entity would enhance the interest and participation
of cotton growers in the program; and
      (2)  In SECTION 1.23 of the proposed amendment, amend Section
74.129, Subchapter D, Chapter 74, Agriculture Code to read as
follows:
      Sec. 74.129 EXEMPTION FROM LAWSUITS, LIABILITY, TAXATION AND
LEGAL PROCESS.  The Legislature recognizes that the foundation,
acting under the supervision and control of the commissioner, is
carrying out an important governmental function and that therefore
the foundation, as a quasi-governmental entity, must be immune from
lawsuits and liability except to the extent provided in the Texas
Tort Claims Act and as set forth below.  Therefore, no claims may
be brought or continued against the foundation except:   (1)  as
allowed by the Texas Tort Claims Act; and (2) those claims pending
against the foundation as of April 30, 1997, plus attorneys' fees
and costs of court.  With the exception of finally adjudicated
claims arising from the Texas Tort Claims Act and claims for
assessments, attorneys' fees and costs of court, paid by named
plaintiffs in lawsuits pending on or before April 30, 1997, all
payments, contributions, funds and assessments received or held by
the foundation under this subchapter are exempt from garnishment,
attachment, execution, or other seizure, state and local taxation,
levies, sales, and any other process and are unassignable.  Nothing
herein shall affect or impair any existing or future indebtedness
or any existing or future security interest created under a note,
security agreement, assignment, or other loan agreement between the
foundation and a lender or any judgment, to the extent such
judgment allows recovery against the Foundation pursuant to a note,
security agreement, loan agreement, or other document.
(3)  Amend SECTION 1.25(a) to read as follows:
      SECTION 1.25(a)  To the extent assessments have not been
previously validated, ratified, and confirmed, assessments approved
on February 28, 1994, for the Southern Rolling Plains Boll Weevil
Eradication Zones, on December 1, 1994 and August 2, 1996, for the
Central Rolling Plains Boll Weevil Eradication Zone, and on
February 16, 1995, for the South Texas/Winter Garden Boll Weevil
Eradication Zone, and all agreements and obligations of the
foundation related to these statutory zones made or approved before
the effective date of this Act are validated, ratified, and
confirmed, and shall continue under this subsection.  In any
eradication zone existing prior to the effective date of the act,
other than zones named in this subsection, assessments are
validated, ratified, and confirmed only as to amounts actually
collected by the Foundation prior to the effective date of this
Act.  For purposes of this subsection, any assessments in any such
pre-existing zone which have been:
      1)  deposited in the registry of a court of this state on or
before April 30, 1997, or
      2)  paid by named plaintiffs in a pleading filed on or before
April 30, 1997, in lawsuits against the foundation, are not
assessments actually collected by the Foundation.