DME H.B. 950 75(R)BILL ANALYSIS


AGRICULTURE & LIVESTOCK
H.B. 950
By: Jones, Delwin
3-5-97
Committee Report (Unamended)



BACKGROUND 

Under Chapter 41, Agriculture Code, known as the Texas Commodity
Referendum Law, commodity producers boards are regulated and capabilities
and restrictions are outlined. The Texas Soybean Producers Board (TSPB),
created under Chapter 41, administers a refundable statewide check-off.
Check-off is a program in which a commodity group can tax members and use
proceeds to encourage the production, marketing, and use of the commodity.
The United States Department of Agriculture (USDA) created the United
Soybean Board (after the TSPB was created) to administer a national
non-refundable soybean check-off program of 1/2 percent of the sale price
of soybeans. This legislation would deactivate the TSPB since the United
Soybean Board carries out essentially the same duties and to avoid
conflict with federal law regarding refundable and non-refundable
check-off. 

PURPOSE

This legislation would render the Texas Soybean Producers Board inactive
under the Texas Commodity Referendum Law and would end the Texas
Department of Agriculture's oversight of the board until reactivated by
the commissioner of agriculture. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 41.125(b), Agriculture Code, to render the
Texas Soybean Producers Board inactive until reactivated by the
commissioner of agriculture.  Specifies that the board is not abolished
and a referendum election is not required to reactivate it. 

SECTION 2.  Amends Section 41.126, Agriculture Code, specifies that the
Texas  Soybean Producers Board may not exercise any powers other than
submitting a 1997 fiscal year report. 

SECTION  3.  Emergency clause. Effective upon passage.