SRC-MKV, S.B. 717 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 717
2001S04462/1By: Duncan
Natural Resources
2/23/2001
As Filed


DIGEST AND PURPOSE 

Currently, the Texas Commissioner of Agriculture has the ability to
designate certain cotton boll weevil eradication zone interim advisory
groups and their membership, which were designated for the main purpose of
making determinations and recommendations to the commissioner on the
formation of eradication zones across the state.  As a result of the
expansion of the program, the focus for the interim advisory group has
changed.  S.B. 717 gives the interim advisory group the new label of
advisory committee and gives the commissioner the ability to appoint the
members.  This bill also makes clear that the assessment lien is not to be
treated as an agricultural lien as described by Chapter 9, Business and
Commerce Code, and it gives the Texas Department of Agriculture the ability
to investigate possible violations of the lien provision.  Finally, this
bill allows the Texas Boll Weevil Eradication Foundation, with the approval
of the commissioner, to cooperate with the appropriate state agency of an
adjoining state to carry out boll weevil eradication. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 74.1041, Agriculture Code, as follows:

Sec. 74.1041.  New heading:  ADVISORY COMMITTEES. (a) Adds language
regarding an existing eradication zone or an area of the state that is to
be considered by the commissioner of agriculture (commissioner) for
designation as or inclusion in an eradication zone.  Makes conforming
changes. 

(b) Adds language regarding what each advisory committee is authorized to
consider and make recommendations to the commissioner and the Texas Boll
Weevil Eradication Foundation, Inc. (foundation) concerning ongoing
implementation of an eradication program approved by growers in an
eradication zone.  Makes conforming changes. 

(c) Adds language to require each advisory committee appointed under this
section to include a sufficient number of cotton growers to ensure adequate
representation across the eradication zone.  Makes a conforming change. 

(d) Provides that advisory committees appointed under this section are
immune from lawsuits and liability to the same extent the foundation is
immune from lawsuits and liability under Section 74.129. 

(e) Provides that an advisory committee established under this section is
subject to the requirements of Chapters 551 and 552 (Open Meetings and
Public Information), Government Code. 
 
SECTION 2.  Amends Section 74.115, Agriculture Code, by amending Subsection
(d) and adding Subsection (f), as follows: 

(d) Adds language to provide that an assessment lien is not an agricultural
lien for the purposes of Chapter 9, Business and Commerce Code, and is not
subject to the provisions of that chapter.  Provides that an assessment
lien is subject to and preempted by the Food Security Act of 1985 (7 U.S.C.
Section 1631 et seq.) and requires it be treated under that Act in the same
manner as a security interest created by the seller.  Adds language
regarding what a buyer of cotton takes free of the assessment if the buyer
does not receive notice of the assessment lien as required by the Food
Security Act of 1985 (7 U.S.C. Section 1631 et seq.), or buys cotton from a
person other than the producer of the cotton. 

(f) Authorizes the Department of Agriculture (department) to investigate
and, during normal business hours, audit and inspect the records of the
person who is the subject of the investigation, if the department has cause
to believe that a violation of this section or rules promulgated under this
section has occurred.  

SECTION 3.  Amends Section 74.124(a), Agriculture Code, to add language
regarding approval by the commissioner and other groups and persons to
include an appropriate state agency of another state contiguous to the
affected area, to the extent allowed by federal law, the law of the
contiguous state, and the law of this state, to authorize the foundation to
carry out programs to destroy and eliminate the boll weevil and the pink
bollworm. 

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date: upon passage or September 1, 2001.