By Hawley H.B. No. 1711
2001S0462/1
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the boll weevil eradication program.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 74.1041, Agriculture Code, is amended to
1-5 read as follows:
1-6 Sec. 74.1041. [INTERIM] ADVISORY COMMITTEES [GROUPS].
1-7 (a) The commissioner may appoint [designate] an [interim] advisory
1-8 committee [group] for an existing eradication [each geographic
1-9 statutory] zone or an area [region] of the state that is to be
1-10 considered by the commissioner for designation as or inclusion in
1-11 an eradication zone. The committee [groups] shall gather advice,
1-12 input, and guidance from cotton growers from the [each] area
1-13 represented by the committee [of the state] concerning the interest
1-14 in and concerns about the implementation of this subchapter.
1-15 (b) Each [interim] advisory committee may [group shall]
1-16 consider and make recommendations to the commissioner and the
1-17 foundation concerning:
1-18 (1) the geographic boundaries for a [the] proposed
1-19 eradication zone;
1-20 (2) the amount of local interest in operating an
1-21 eradication program;
1-22 (3) the basis and amount of an assessment necessary to
1-23 support an eradication program;
1-24 (4) the need to restructure any pre-existing debt from
2-1 prior eradication activities;
2-2 (5) ongoing implementation of an eradication program
2-3 approved by growers in an eradication zone [crediting a cotton
2-4 grower's 1996 assessment payments to any future assessment]; and
2-5 (6) any other matter requested by the commissioner or
2-6 the foundation.
2-7 (c) Each [interim] advisory committee appointed under this
2-8 section [group] shall include a sufficient number of cotton growers
2-9 to ensure adequate representation across the eradication zone,
2-10 including at least one cotton grower from each county in the zone
2-11 and other persons as determined by the commissioner.
2-12 (d) Advisory committees appointed under this section are
2-13 immune from lawsuits and liability to the same extent the
2-14 foundation is immune from lawsuits and liability under Section
2-15 74.129.
2-16 (e) An advisory committee established under this section is
2-17 subject to the requirements of Chapters 551 and 552, Government
2-18 Code.
2-19 SECTION 2. Section 74.115, Agriculture Code, is amended by
2-20 amending Subsection (d) and adding Subsection (f) to read as
2-21 follows:
2-22 (d) In addition to any other remedies for the collection of
2-23 assessments and penalties, an assessment lien in favor of the
2-24 foundation attaches and is perfected 60 days after the date the
2-25 foundation mails notice of the assessment on cotton produced and
2-26 harvested that year from the acreage that is subject to the
3-1 assessment that is due and unpaid. An assessment lien is not an
3-2 agricultural lien for the purposes of Chapter 9, Business &
3-3 Commerce Code, and is not subject to the provisions of that
3-4 chapter. An assessment lien is subject to and preempted by the
3-5 Food Security Act of 1985 (7 U.S.C. Section 1631 et seq.) and shall
3-6 be treated under that Act in the same manner as a security interest
3-7 created by the seller. A buyer of cotton takes free of the
3-8 assessment lien if the buyer:
3-9 (1) receives a compliance certificate issued by the
3-10 foundation when the buyer purchases the cotton that certifies that
3-11 the assessment has been paid to the foundation; [or]
3-12 (2) pays for the cotton by a check on which the
3-13 department is named as a joint payee;
3-14 (3) does not receive notice of the assessment lien as
3-15 required by the Food Security Act of 1985 (7 U.S.C. Section 1631 et
3-16 seq.); or
3-17 (4) buys the cotton from a person other than the
3-18 producer of the cotton.
3-19 (f) If the department has cause to believe that a violation
3-20 of this section or rules promulgated under this section has
3-21 occurred, the department may investigate and, during normal
3-22 business hours, audit and inspect the records of the person who is
3-23 the subject of the investigation.
3-24 SECTION 3. Subsection (a), Section 74.124, Agriculture Code,
3-25 is amended to read as follows:
3-26 (a) The foundation may carry out programs to destroy and
4-1 eliminate the boll weevil and the pink bollworm in this state by
4-2 cooperating through written agreements, as approved by the
4-3 commissioner, with:
4-4 (1) an agency of the federal government;
4-5 (2) a state agency;
4-6 (3) an appropriate agency of a foreign country
4-7 contiguous to the affected area to the extent allowed by federal
4-8 law;
4-9 (4) a person who is engaged in growing, processing,
4-10 marketing, or handling cotton; [or]
4-11 (5) a group of persons in this state involved in
4-12 similar programs to carry out the purposes of this subchapter; or
4-13 (6) an appropriate state agency of another state
4-14 contiguous to the affected area, to the extent allowed by federal
4-15 law, the law of the contiguous state, and the law of this state.
4-16 SECTION 4. Section 74.115, Agriculture Code, as amended by
4-17 this Act, applies only to an assessment lien that attaches on or
4-18 after the effective date of this Act. An assessment lien that
4-19 attaches before the effective date of this Act is governed by the
4-20 law in effect immediately before the effective date of this Act,
4-21 and that law is continued in effect for that purpose.
4-22 SECTION 5. This Act takes effect immediately if it receives
4-23 a vote of two-thirds of all the members elected to each house, as
4-24 provided by Section 39, Article III, Texas Constitution. If this
4-25 Act does not receive the vote necessary for immediate effect, this
4-26 Act takes effect September 1, 2001.