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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation and functions of the board of |
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directors of the official cotton growers' boll weevil eradication |
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foundation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.113, Agriculture Code, is amended by |
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amending Subsection (f) and adding Subsection (l) to read as |
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follows: |
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(f) An assessment levied on cotton growers in an eradication |
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zone may be applied only to: |
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(1) eradication [in that zone]; |
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(2) the foundation's operating costs, including |
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payments on debt incurred for a foundation activity[, except that
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the funds of one zone may not be used to pay another zone's bank
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loans or debts]; and |
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(3) the conducting of other programs consistent with |
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the declaration of policy stated in Section 74.101. |
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(l) With the approval of the board and the commissioner, the |
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foundation may transfer the proceeds from the collection of |
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assessments in one eradication zone to another eradication zone. |
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The transferred proceeds may be applied only as provided by |
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Subsection (f). |
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SECTION 2. Subchapter D, Chapter 74, Agriculture Code, is |
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amended by adding Section 74.1135 to read as follows: |
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Sec. 74.1135. ALTERNATIVE METHOD OF ASSESSMENTS. (a) The |
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commissioner may adopt rules that provide for an alternative |
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method, manner, and mechanism by which assessments are imposed and |
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collected under this subchapter. The commissioner may adopt the |
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rules only after receiving a recommendation from the board. The |
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board shall consult with cotton grower steering committees and the |
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technical advisory committee in formulating a recommendation to the |
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commissioner under this subsection. The commissioner may accept, |
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reject, or modify a board recommendation. The rules apply |
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notwithstanding Section 74.113. The rules must require any person |
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collecting an assessment to forward the assessment to the |
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foundation. |
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(b) The maximum amount of an assessment under this section |
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may not exceed the maximum amount of an assessment approved in an |
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assessment referendum under this subchapter. |
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SECTION 3. Section 74.127(a), Agriculture Code, is amended |
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to read as follows: |
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(a) The board of directors of the official cotton growers' |
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boll weevil eradication foundation is subject to Chapter 325, |
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Government Code (Texas Sunset Act). Unless continued in existence |
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as provided by that chapter, the board is abolished and this |
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subchapter expires September 1, 2021 [2009]. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |