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.