1-1 By: Duncan S.B. No. 717
1-2 (In the Senate - Filed February 14, 2001; February 19, 2001,
1-3 read first time and referred to Committee on Natural Resources;
1-4 February 28, 2001, reported favorably by the following vote: Yeas
1-5 6, Nays 0; February 28, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the boll weevil eradication program.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 74.1041, Agriculture Code, is amended to
1-11 read as follows:
1-12 Sec. 74.1041. [INTERIM] ADVISORY COMMITTEES [GROUPS].
1-13 (a) The commissioner may appoint [designate] an [interim] advisory
1-14 committee [group] for an existing eradication [each geographic
1-15 statutory] zone or an area [region] of the state that is to be
1-16 considered by the commissioner for designation as or inclusion in
1-17 an eradication zone. The committee [groups] shall gather advice,
1-18 input, and guidance from cotton growers from the [each] area
1-19 represented by the committee [of the state] concerning the interest
1-20 in and concerns about the implementation of this subchapter.
1-21 (b) Each [interim] advisory committee may [group shall]
1-22 consider and make recommendations to the commissioner and the
1-23 foundation concerning:
1-24 (1) the geographic boundaries for a [the] proposed
1-25 eradication zone;
1-26 (2) the amount of local interest in operating an
1-27 eradication program;
1-28 (3) the basis and amount of an assessment necessary to
1-29 support an eradication program;
1-30 (4) the need to restructure any pre-existing debt from
1-31 prior eradication activities;
1-32 (5) ongoing implementation of an eradication program
1-33 approved by growers in an eradication zone [crediting a cotton
1-34 grower's 1996 assessment payments to any future assessment]; and
1-35 (6) any other matter requested by the commissioner or
1-36 the foundation.
1-37 (c) Each [interim] advisory committee appointed under this
1-38 section [group] shall include a sufficient number of cotton growers
1-39 to ensure adequate representation across the eradication zone,
1-40 including at least one cotton grower from each county in the zone
1-41 and other persons as determined by the commissioner.
1-42 (d) Advisory committees appointed under this section are
1-43 immune from lawsuits and liability to the same extent the
1-44 foundation is immune from lawsuits and liability under Section
1-45 74.129.
1-46 (e) An advisory committee established under this section is
1-47 subject to the requirements of Chapters 551 and 552, Government
1-48 Code.
1-49 SECTION 2. Section 74.115, Agriculture Code, is amended by
1-50 amending Subsection (d) and adding Subsection (f) to read as
1-51 follows:
1-52 (d) In addition to any other remedies for the collection of
1-53 assessments and penalties, an assessment lien in favor of the
1-54 foundation attaches and is perfected 60 days after the date the
1-55 foundation mails notice of the assessment on cotton produced and
1-56 harvested that year from the acreage that is subject to the
1-57 assessment that is due and unpaid. An assessment lien is not an
1-58 agricultural lien for the purposes of Chapter 9, Business &
1-59 Commerce Code, and is not subject to the provisions of that
1-60 chapter. An assessment lien is subject to and preempted by the
1-61 Food Security Act of 1985 (7 U.S.C. Section 1631 et seq.) and shall
1-62 be treated under that Act in the same manner as a security interest
1-63 created by the seller. A buyer of cotton takes free of the
1-64 assessment lien if the buyer:
2-1 (1) receives a compliance certificate issued by the
2-2 foundation when the buyer purchases the cotton that certifies that
2-3 the assessment has been paid to the foundation; [or]
2-4 (2) pays for the cotton by a check on which the
2-5 department is named as a joint payee;
2-6 (3) does not receive notice of the assessment lien as
2-7 required by the Food Security Act of 1985 (7 U.S.C. Section 1631 et
2-8 seq.); or
2-9 (4) buys the cotton from a person other than the
2-10 producer of the cotton.
2-11 (f) If the department has cause to believe that a violation
2-12 of this section or rules promulgated under this section has
2-13 occurred, the department may investigate and, during normal
2-14 business hours, audit and inspect the records of the person who is
2-15 the subject of the investigation.
2-16 SECTION 3. Subsection (a), Section 74.124, Agriculture Code,
2-17 is amended to read as follows:
2-18 (a) The foundation may carry out programs to destroy and
2-19 eliminate the boll weevil and the pink bollworm in this state by
2-20 cooperating through written agreements, as approved by the
2-21 commissioner, with:
2-22 (1) an agency of the federal government;
2-23 (2) a state agency;
2-24 (3) an appropriate agency of a foreign country
2-25 contiguous to the affected area to the extent allowed by federal
2-26 law;
2-27 (4) a person who is engaged in growing, processing,
2-28 marketing, or handling cotton; [or]
2-29 (5) a group of persons in this state involved in
2-30 similar programs to carry out the purposes of this subchapter; or
2-31 (6) an appropriate state agency of another state
2-32 contiguous to the affected area, to the extent allowed by federal
2-33 law, the law of the contiguous state, and the law of this state.
2-34 SECTION 4. Section 74.115, Agriculture Code, as amended by
2-35 this Act, applies only to an assessment lien that attaches on or
2-36 after the effective date of this Act. An assessment lien that
2-37 attaches before the effective date of this Act is governed by the
2-38 law in effect immediately before the effective date of this Act,
2-39 and that law is continued in effect for that purpose.
2-40 SECTION 5. This Act takes effect immediately if it receives
2-41 a vote of two-thirds of all the members elected to each house, as
2-42 provided by Section 39, Article III, Texas Constitution. If this
2-43 Act does not receive the vote necessary for immediate effect, this
2-44 Act takes effect September 1, 2001.
2-45 * * * * *