79R2462 QS-D
By: Hegar H.B. No. 774
A BILL TO BE ENTITLED
AN ACT
relating to the Interstate Pest Control Compact.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 5, Agriculture Code, is
amended by adding Chapter 79 to read as follows:
CHAPTER 79. INTERSTATE PEST CONTROL COMPACT
Sec. 79.001. DEFINITIONS. In this chapter:
(1) "Compact" means the Interstate Pest Control
Compact.
(2) "Executive head" as used in the compact, with
reference to this state, means the governor.
Sec. 79.002. FILING OF BYLAWS. Under Article IV(h) of the
compact, copies of the bylaws adopted by the governing board and
amendments to the bylaws must be filed with the commissioner.
Sec. 79.003. COMPACT ADMINISTRATOR. The commissioner is
the compact administrator for this state.
Sec. 79.004. COOPERATION WITH PEST CONTROL INSURANCE FUND.
Consistent with other law and using funds appropriated for the
purpose, the state may cooperate with the insurance fund
established by the compact.
Sec. 79.005. REQUEST FOR ASSISTANCE. The commissioner may
request or apply for assistance from the insurance fund established
by the compact, as provided by Article VI(b) or VIII(a) of the
compact.
Sec. 79.006. DISPOSITION OF CERTAIN MONEY. A department or
agency that expends or becomes liable for an expenditure due to a
control or eradication program undertaken or intensified under the
compact shall have credited to the department or agency account in
the state treasury the amount of any payment made to the state to
defray the cost of the program or to reimburse the state.
Sec. 79.007. EXECUTION OF INTERSTATE COMPACT. This state
enters into a compact with all other states legally joining in the
compact in substantially the following form:
"INTERSTATE PEST CONTROL COMPACT
"ARTICLE I. FINDINGS
"The party states find that:
(1) in the absence of the higher degree of cooperation
among them possible under this Compact, the annual loss of
approximately 137 billion dollars from the depredations of pests is
virtually certain to continue, if not to increase;
(2) because of the varying climatic, geographic and
economic factors, each state may be affected differently by
particular species of pests; but all states share the inability to
protect themselves fully against those pests which present serious
dangers to them;
(3) the migratory character of pest infestations makes
it necessary for states both adjacent to and distant from one
another to complement each other's activities when faced with
conditions of infestation and reinfestation; and
(4) while every state is seriously affected by a
substantial number of pests, and every state is susceptible of
infestation by many species of pests not now causing damage to its
crops and plant life and products, the fact that relatively few
species of pests present equal danger to or are of interest to all
states makes the establishment and operation of an insurance fund,
from which individual states may obtain financial support for pest
control programs of benefit to them in other states and to which
they may contribute in accordance with their relative interest, the
most equitable means of financing cooperative pest eradication and
control programs.
"ARTICLE II. DEFINITIONS
"As used in this Compact, unless the context clearly requires
a different construction:
(1) "State" means a state, territory or possession of
the United States, the District of Columbia, or the Commonwealth of
Puerto Rico.
(2) "Requesting state" means a state which invokes the
procedures of the Compact to secure the undertaking or
intensification of measures to control or eradicate one or more
pests within one or more other states.
(3) "Responding state" means a state requested to
undertake or intensify the measures to control or eradicate one or
more pests.
(4) "Pest" means any invertebrate animal, pathogen,
parasitic plant or similar or allied organism which can cause
disease or damage in any crops, trees, shrubs, grasses, or other
plants of substantial value.
(5) "Insurance Fund" means the Pest Control Insurance
Fund established under this Compact.
(6) "Governing Board" means the administrators of this
Compact representing all of the party states when such
administrators are acting as a body in pursuance of authority
vested in them by this compact.
(7) "Executive committee" means the committee
established under Article V (e) of this compact.
"ARTICLE III. THE INSURANCE FUND
"There is hereby established a Pest Control Insurance Fund
for the purpose of financing other than normal pest control
operations which states may be called upon to engage in pursuant to
this Compact. The Insurance Fund shall contain moneys appropriated
to it by the party states and any donations and grants accepted by
it. All appropriations, except as conditioned by the rights and
obligations of party states expressly set forth in this Compact,
shall be unconditional and may not be restricted by the
appropriating state to use in the control of any specified pest or
pests. Donations and grants may be conditional or unconditional,
provided that the Insurance Fund shall not accept any donation or
grant whose terms are inconsistent with any provision of this
Compact.
"ARTICLE IV. THE INSURANCE FUND, INTERNAL OPERATIONS AND
MANAGEMENT
"(a) The Insurance Fund shall be administered by a Governing
Board and Executive Committee as hereinafter provided. The actions
of the Governing Board and the Executive Committee pursuant to this
Compact shall be deemed the actions of the Insurance Fund.
"(b) The members of the Governing Board shall be entitled to
one vote on such board. No action of the Governing Board shall be
binding unless taken at a meeting at which a majority of the total
number of votes on the Governing Board is cast in favor thereof.
Action of the Governing Board shall be only at a meeting at which a
majority of the members are present.
"(c) The Insurance Fund shall have a seal which may be
employed as an official symbol and which may be affixed to documents
and otherwise used as the Governing Board may provide.
"(d) The Governing Board shall elect annually, from among
its members, a chairman, a vice chairman, a secretary and a
treasurer. The chairman may not succeed himself. The Governing
Board may appoint an executive director and fix his duties and his
compensation, if any. Such executive director shall serve at the
pleasure of the Governing Board. The Governing Board shall make
provision for the bonding of such of the officers and employees of
the Insurance Fund as may be appropriate.
"(e) Irrespective of the civil service, personnel or other
merit system laws of any of the party states, the executive
director, or if there be no executive director, the chairman, in
accordance with such procedures as the bylaws may provide, shall
appoint, remove or discharge such personnel as may be necessary for
the performance of the functions of the Insurance Fund and shall fix
the duties and compensation of such personnel. The Governing Board
in its bylaws shall provide for the personnel policies and programs
of the Insurance Fund.
"(f) The Insurance Fund may borrow, accept or contract for
the services of personnel from any state, the United States, or any
other governmental agency, or from any person, firm, association,
or corporation.
"(g) The Insurance Fund may accept for any of its purposes
and functions under this Compact any and all donations, and grants
of money, equipment, supplies, materials, and services,
conditional or otherwise, from any state, the United States, or any
other governmental agency, or from any person, firm, association,
or corporation, and may receive, utilize and dispose of the same.
Any donation, gift, or grant accepted by the Governing Board
pursuant to this paragraph or services borrowed pursuant to
paragraph (f) of this Article shall be reported in the annual report
of the Insurance Fund. Such report shall include the nature, amount
and conditions, if any, of the donation, gift, grant, or services
borrowed and the identity of the donor or lender.
"(h) The Governing Board shall adopt bylaws for the conduct
of the business of the Insurance Fund and shall have the power to
amend and to rescind these bylaws. The Insurance Fund shall publish
its bylaws in convenient form and shall file a copy thereof and a
copy of any amendment thereto with the appropriate agency or
officer in each of the party states.
"(i) The Insurance Fund annually shall make to the Governor
and legislature of each party state a report covering its
activities for the preceding year. The Insurance Fund may make such
additional reports as it may deem desirable.
"(j) In addition to the powers and duties specifically
authorized and imposed, the Insurance Fund may do such other things
as are necessary and incidental to the conduct of its affairs
pursuant to this Compact.
"ARTICLE V. COMPACT AND INSURANCE FUND ADMINISTRATION
"(a) In each party state there shall be a Compact
administrator, who shall be selected and serve in such manner as the
laws of his state may provide, and who shall:
1. Assist in the coordination of activities pursuant
to the Compact in his state; and
2. Represent his state on the Governing Board of the
Insurance Fund.
"(b) If the laws of the United States specifically so
provide, or if administrative provision is made therefore within
the federal government, the United States may be represented on the
Governing Board of the Insurance Fund by not to exceed three
representatives. Any such representative or representatives of the
United States shall be appointed and serve in such manner as may be
provided by or pursuant to federal law, but no such representative
shall have a vote on the Governing Board or the Executive Committee
thereof.
"(c) The Governing Board shall meet at least once each year
for the purpose of determining policies and procedures in the
administration of the Insurance Fund and, consistent with the
provisions of the Compact, supervising and giving direction to the
expenditure of moneys from the Insurance Fund. Additional meetings
of the Governing Board shall be held on call of the chairman, the
Executive Committee, or a majority of the membership of the
Governing Board.
"(d) At such times as it may be meeting, the Governing Board
shall pass upon applications for assistance from the Insurance Fund
and authorize disbursements therefrom. When the Governing Board is
not in session, the Executive Committee thereof shall act as agent
of the Governing Board, with full authority to act for it in passing
upon such applications.
"(e) The Executive Committee shall be composed of the
chairman of the Governing Board and four additional members of the
Governing Board chosen by it so that there shall be one member
representing each of four geographic groupings of party states. The
Governing Board shall make such geographic groupings. If there is
representation of the United States on the Governing Board, one
such representative may meet with the Executive Committee. The
chairman of the Governing Board shall be chairman of the Executive
Committee. No action of the Executive Committee shall be binding
unless taken at a meeting at which at least four members of such
Committee are present and vote in favor thereof. Necessary expenses
of each of the five members of the Executive Committee incurred in
attending meetings of such Committee, when not held at the same time
and place as a meeting of the Governing Board, shall be charges
against the Insurance Fund.
"ARTICLE VI. ASSISTANCE AND REIMBURSEMENT
"(a) Each party state pledges to each other party state that
it will employ its best efforts to eradicate, or control within the
strictest practicable limits, any and all pests. It is recognized
that performance of this responsibility involves:
(1) The maintenance of pest control and eradication
activities of interstate significance by a party state at a level
that would be reasonable for its own protection in the absence of
this Compact.
(2) The meeting of emergency outbreaks or infestations
of interstate significance to no less an extent than would have been
done in the absence of this Compact.
"(b) Whenever a party state is threatened by a pest not
present within its borders but present within another party state,
or whenever a party state is undertaking or engaged in activities
for the control or eradication of a pest or pests, and finds that
such activities are or would be impracticable or substantially more
difficult of success by reason of failure of another party state to
cope with infestation or threatened infestation, that state may
request the Governing Board to authorize expenditures from the
Insurance Fund for eradication or control measures to be taken by
one or more of such other party states at a level sufficient to
prevent, or to reduce to the greatest practicable extent,
infestation or reinfestation of the requesting state. Upon such
authorization the responding state or states shall take or increase
such eradication or control measures as may be warranted. A
responding state shall use moneys available from the Insurance Fund
expeditiously and efficiently to assist in affording the protection
requested.
"(c) In order to apply for expenditures from the Insurance
Fund, a requesting state shall submit the following in writing:
(1) A detailed statement of the circumstances which
occasion the request for the invoking of the Compact.
(2) Evidence that the nest on account of whose
eradication or control assistance is requested constitutes a danger
to an agricultural or forest crop, product, tree, shrub, grass, or
other plant having a substantial value to the requesting state.
(3) A statement of the extent of the present and
projected program of the requesting state and its subdivisions,
including full information as to the legal authority for the
conduct of such program or programs and the expenditures being made
or budgeted therefore, in connection with the eradication, control,
or prevention of introduction of the pest concerned.
(4) Proof that the expenditures being made or budgeted
as detailed in item 3 do not constitute a reduction of the effort
for the control or eradication of the pest concerned or, if there is
a reduction, the reasons why the level of program detailed in item 3
constitutes a normal level of pest control activity.
(5) A declaration as to whether, to the best of its
knowledge and belief, the conditions which in its view occasion the
invoking of the Compact in the particular instance can be abated by
a program undertaken with the aid of moneys from the Insurance Fund
in one year or less, or whether the request is for an installment in
a program which is likely to continue for a longer period of time.
(6) Such other information as the Governing Board may
require consistent with the provisions of this Compact.
"(d) The Governing Board or Executive Committee shall give
due notice of any meeting at which an application for assistance
from the Insurance Fund is to be considered. Such notice shall be
given to the Compact administrator of each party state and to such
other officers and agencies as may be designated by the laws of the
party states. The requesting state and any other party state shall
be entitled to be represented and present evidence and argument at
such meeting.
"(e) Upon the submission as required by paragraph (c) of
this Article and such other information as it may have or acquire,
and upon determining that an expenditure of funds is within the
purposes of this Compact and justified thereby, the Governing Board
or Executive Committee shall authorize support of the program. The
Governing Board or Executive Committee may meet at any time or place
for the purpose of receiving and considering an application. Any
and all determinations of the Governing Board or Executive
Committee, with respect to an application, together with the
reasons therefore shall be recorded and subscribed in such manner
as to show and preserve the votes of the individual members thereof.
"(f) A requesting state which is dissatisfied with a
determination of the Executive Committee shall upon notice in
writing given within twenty days of the determination with which it
is dissatisfied, be entitled to receive a review thereof at the next
meeting of the Governing Board. Determinations of the Executive
Committee shall be reviewable only by the Governing Board at one of
its regular meetings, or at a special meeting held in such manner as
the Governing Board may authorize.
"(g) Responding states required to undertake or increase
measures pursuant to this Compact may receive moneys from the
Insurance Fund, either at the time or times when such state incurs
expenditures on account of such measures, or as reimbursement for
expenses incurred and chargeable to the Insurance Fund. The
Governing Board shall adopt and, from time to time, may amend or
revise procedures for submission of claims upon it and for payment
thereof.
"(h) Before authorizing the expenditure of moneys from the
Insurance Fund pursuant to an application of a requesting state,
the Insurance Fund shall ascertain the extent and nature of any
timely assistance or participation which may be available from the
federal government and shall request the appropriate agency or
agencies of the federal government for such assistance and
participation.
"(i) The Insurance Fund may negotiate and execute a
memorandum of understanding or other appropriate instrument
defining the extent and degree of assistance or participation
between and among the Insurance Fund, cooperating federal agencies,
states, and any other entities concerned.
"ARTICLE VII. ADVISORY AND TECHNICAL COMMITTEES
"The Governing Board may establish advisory and technical
committees composed of state, local, and federal officials, and
private persons to advise it with respect to any one or more of its
functions. Any such advisory or technical committee, or any member
or members thereof may meet with and participate in its
deliberations upon request of the Governing Board or Executive
Committee. An advisory or technical committee may furnish
information and recommendations with respect to any application for
assistance from the Insurance Fund being considered by such Board
or Committee and the Board or Committee may receive and consider the
same: provided that any participant in a meeting of the Governing
Board or Executive Committee held pursuant to Article VI (d) of the
Compact shall be entitled to know the substance of any such
information and recommendations, at the time of the meeting if made
prior thereto or as a part thereof or, if made thereafter, no later
than the time at which the Governing Board or Executive Committee
makes its disposition of the application.
"ARTICLE VIII. RELATIONS WITH NONPARTY JURISDICTIONS
"(a) A party state may make application for assistance from
the Insurance Fund in respect of a pest in a nonparty state. Such
application shall be considered and disposed of by the Governing
Board or Executive Committee in the same manner as an application
with respect to a pest within a party state, except as provided in
this Article.
"(b) At or in connection with any meeting of the Governing
Board or Executive Committee held pursuant to Article VI (d) of this
Compact a nonparty state shall be entitled to appear, participate,
and receive information only to such extent as the Governing Board
or Executive Committee may provide. A nonparty state shall not be
entitled to review of any determination made by the Executive
Committee.
"(c) The Governing Board or Executive Committee shall
authorize expenditures from the Insurance Fund to be made in a
nonparty state only after determining that the conditions in such
state and the value of such expenditures to the party states as a
whole justify them. The Governing Board or Executive Committee may
set any conditions which it deems appropriate with respect to the
expenditure of moneys from the Insurance Fund in a nonparty state
and may enter into such agreement or agreements with nonparty
states and other jurisdictions or entities as it may deem necessary
or appropriate to protect the interests of the Insurance Fund with
respect to expenditures and activities outside of party states.
"ARTICLE IX. FINANCE
"(a) The Insurance Fund shall submit to the executive head
or designated officer or officers of each party state a budget for
the Insurance Fund for such period as may be required by the laws of
that party state for a presentation to the legislature thereof.
"(b) Each of the budgets shall contain specific
recommendations of the amount or amounts to be appropriated by each
of the party states. The request for appropriations shall be
apportioned among the party states as follows: one-tenth of the
total budget in equal shares and the remainder in proportion to the
value of agricultural and forest crops and products, excluding
animals and animal products, produced in each party state. In
determining the value of such crops and products the Insurance Fund
may employ such source or sources of information as in its judgment
present the most equitable and accurate comparisons among the party
states. Each of the budgets and requests for appropriations shall
indicate the source or sources used in obtaining information
concerning value of products.
"(c) The financial assets of the Insurance Fund shall be
maintained in two accounts to be designated respectively as the
"Operating Account" and the "Claims Account." The Operating Account
shall consist only of those assets necessary for the administration
of the Insurance Fund during the next ensuing two-year period. The
Claims Account shall contain all moneys not included in the
Operating Account and shall not exceed the amount reasonably
estimated to be sufficient to pay all legitimate claims on the
Insurance Fund for a period of three years. At any time when the
Claims Account has reached its maximum limit or would reach its
maximum limit by the addition of moneys requested for appropriation
by the party states, the Governing Board shall reduce its budget
requests on a pro rata basis in such manner as to keep the Claims
Account within such maximum limit. Any moneys in the Claims Account
by virtue of conditional donations, grants, or gifts shall be
included in calculations made pursuant to this paragraph only to
the extent that such moneys are available to meet demands arising
out of the claims.
"(d) The Insurance Fund shall not pledge the credit of any
party state. The Insurance Fund may meet any of its obligations in
whole or in part with moneys available to it under Article IV (g) of
this Compact, provided that the Governing Board take specific
action setting aside such moneys prior to incurring any obligation
to be met in whole or in part in such manner. Except where the
Insurance Fund makes use of moneys available to it under Article IV
(g) hereof, the Insurance Fund shall not incur any obligation prior
to the allotment of moneys by the party states adequate to meet the
same.
"(e) The Insurance Fund shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of the
Insurance Fund shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and
disbursements of funds handled by the Insurance Fund shall be
audited yearly by a certified or licensed public accountant and
report of the audit shall be included in and become part of the
annual report of the Insurance Fund.
"(f) The accounts of the Insurance Fund shall be open at any
reasonable time for inspection by duly authorized officers of the
party states and by any persons authorized by the Insurance Fund.
"ARTICLE X. ENTRY INTO FORCE AND WITHDRAWAL
"(a) This Compact shall enter into force when enacted into
law by any five or more states. Thereafter, this Compact shall
become effective as to any other state upon its enactment thereof.
"(b) Any party state may withdraw from this Compact by
enacting a statute repealing the same, but no such withdrawal shall
take effect until two years after the executive head of the
withdrawing state has given notice in writing of the withdrawal to
the executive heads of all other party states. No withdrawal shall
affect any liability already incurred by or chargeable to a party
state prior to the time of such withdrawal.
"ARTICLE XI. CONSTRUCTION AND SEVERABILITY
"This Compact shall be liberally construed so as to
effectuate the purposes thereof. The provisions of this Compact
shall be severable and if any phrase, clause, sentence, or
provision of this Compact is declared to be contrary to the
constitution of any state or of the United States or the
applicability thereof to any government, agency, person, or
circumstance is held invalid, the validity of the remainder of this
Compact and the applicability thereof to any government, agency,
person, or circumstance shall not be affected thereby. If this
Compact shall be held contrary to the constitution of any state
participating herein the Compact shall remain in full force and
effect as to the remaining party states and in full force and effect
as to the state affected as to all severable matters."
SECTION 2. This Act takes effect September 1, 2005.