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                                  * * * * *