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.