BILL ANALYSIS

 

 

                                                                                                                                             H.B. 774

                                                                                                                                            By: Hegar

                                                                                                                     Agriculture & Livestock

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

The purpose of HB 774 is to enact the enabling legislation for the Texas Department of Agriculture (TDA) to comply with the membership requirements of the Interstate Pest Control Compact (IPCC).

 

The IPCC Governing Board and Executive Committee administer the Pest Control Insurance Fund which provides financial support for control or eradication activities at the request of a member state when a pest is found in another state and constitutes a threat to agricultural crops or products within the applying state.  The Fund consists of a one-time payment made by each member state, similar to a premium paid for insurance.  In addition the IPCC accepts gifts, grants and donations to the Fund.  To date 26 claims totaling $944,085 have been paid out by this Fund.  In 2004, Texas received $60,000 for Diaprepes abbreviatus (citrus root weevil) eradication.

 

There are 35 member states of the IPCC which make up the Governing Board.  To become a member of the IPCC a state must do two things.  First, it must pay the one-time “premium” (unless the fund is depleted through use, however since Texas joined the IPCC in 1994 they have never had to ask for additional funds.  If funds were ever requested by the IPCC then these would be subject to Legislative Appropriations.) and, second, the state must enact enabling legislation. 

 

House Bill 774 would allow the State of Texas to formally join the Interstate Pest Control Compact.  The state is currently a member and is participating in the compact, but must adopt enabling legislation to formally become a member. Texas became a member of the Compact in 1994 and paid its one time payment to the Compact of $43,039.  The IPCC has asked that Texas pass enabling legislation and this bill would fulfill that request.  Failure to do so could jeopardize our ability to access these much needed funds.

 

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

House Bill 774 amends Title 5 of the Agriculture Code by creating Chapter 79, INTERSTATE PEST CONTROL COMPACT.

 

EFFECTIVE DATE

 

This Act takes effect September 1, 2005.