SRC-JJJ S.B. 631 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 631
By: Duncan
Natural Resources
3/23/1999
As Filed


DIGEST 

Currently, certain aspects of the Texas Boll Weevil Eradication Foundation
(the foundation) with respect to its operation are acting within changes
made by the 75th Legislature.  There is a need for certain revisions to the
boll weevil eradication statute.  S.B. 631 would make it clear that the
commissioner of agriculture is authorized to inspect the books and records
of the foundation at any time, provide for re-enactment and modification of
applicator liability provisions set to expire September 1, 1999, enable
BWEF to consider best value purchasing criteria in contracting for
services, create a compliance certificate program in areas where growers
have established eradication programs, and provide mandatory venue in
Travis County for disputes arising. 

PURPOSE

As proposed, S.B. 631 establishes modifications of the official cotton
growers' boll weevil eradication program. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of agriculture in
SECTION 3 (Section 74.115(b), Agriculture Code) and to the Department of
Agriculture in SECTION 4 (Section 74.122, Agriculture Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 74.108, Agriculture Code, by adding Subsection
(d), to require the commissioner of agriculture (commissioner) to have the
power to inspect the books and other financial records of the Texas Boll
Weevil Eradication Foundation (the foundation) at any time. 

SECTION 2.  Amends Section 74.1101, Agriculture Code, to delete text
regarding the foundations maintenance of required liability coverage with
respect to an applicator.  Deletes existing Subsections (d) and (e)
authorizing the commissioner to provide that the foundation include the
applicator on an insurance policy, and deleting the effective date for the
section. 

SECTION 3.  Amends Section 74.115(b), Agriculture Code, to authorize the
commissioner  to adopt rules relating to a compliance certificate program
for eradication assessments.  Sets forth provisions for the rules.  Deletes
text regarding the placing and perfecting of an assessment lien and
provisions for a buyer on cotton produced and harvested from acreage that
is subject to the assessment that is due and unpaid. 

SECTION 4.  Amends Section 74.122, Agriculture Code, to require, rather
than authorize, the Department of Agriculture to adopt rules relating to
the quarantining areas of this state for boll weevil or pink bollworm
control, as necessary to prevent reinfestations of eradicated areas,
including quarantining areas of the state that are infested with the boll
weevil or the pink bollworm. 

SECTION 5.  Amends Chapter 74D, Agriculture Code, by adding Section
74.1291, as follows: 

Sec. 74.1291.  VENUE.  Requires venue to be proper in Travis County for any
action to which the foundation is properly a party.  Provides that nothing
in this section shall reduce the protections found in Section 74.129 of
this code. 
 
SECTION 6.  Emergency clause.
            Effective date: upon passage.