79R14420 QS-F

By:  Corte                                                        H.B. No. 3575



A BILL TO BE ENTITLED

AN ACT

relating to an exemption from regulation for certain nonprofit 
agricultural research projects.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 45, Agriculture Code, is amended by 
adding Section 45.009 to read as follows:
	Sec. 45.009.  EXEMPTION FOR CERTAIN ENTITIES.  (a)  To the 
extent consistent with Subsection (b), this section applies only to 
an agricultural research project that is:
		(1)  located in a county adjacent to an international 
border;        
		(2)  conducted by an institution of higher education or 
a Texas nonprofit corporation;
		(3)  conducted on a farm or ranch that is at least 3,000 
acres in size and that is owned by:
			(A)  an institution of higher education;                              
			(B)  a Texas nonprofit corporation;                                   
			(C)  a trust established under state law; or                          
			(D)  a partnership established under state law 
that has contracted with an institution of higher education or a 
Texas nonprofit corporation for the operation of the agricultural 
research project as of September 1, 2005; and
		(4)  the subject of an agreement to collect or share 
agricultural research information between the institution of 
higher education or the Texas nonprofit corporation conducting the 
agricultural research project and a nonprofit organization, 
educational organization, or governmental entity of Israel.
	(b)  This section applies to an agricultural research 
project only if the institution of higher education or the Texas 
nonprofit corporation conducting the project:
		(1)  executed the agreement described by Subsection 
(a)(4) before May 1, 2004; and
		(2)  sends a copy of the agreement to the commissioner 
of agriculture by certified mail, return receipt requested, not 
later than October 1, 2005.
	(c)  An agricultural research project, and the farm or ranch 
on which the project is conducted, is exempt from  regulation by a 
conservation and reclamation district created under Section 59, 
Article XVI, Texas Constitution.  The agricultural research project 
may voluntarily pay fees to a district or voluntarily comply with 
district regulations that do not unduly interfere with the 
agricultural research project or the sharing of research 
information or data with the nonprofit organization, educational 
organization, or governmental entity of Israel.
	SECTION 2.  The change in law made by this Act applies only 
to a fee charged or regulation enforced by a conservation and 
reclamation district on or after the effective date of this Act.  A 
fee charged or regulation enforced before the effective date of 
this Act is subject to the law in effect at the time the fee was 
charged or the regulation was enforced, and the former law is 
continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.