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A BILL TO BE ENTITLED
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AN ACT
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relating to the management of volunteer and other noncommercial |
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cotton in pest management zones. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 74.001, Agriculture Code, is amended to |
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read as follows: |
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Sec. 74.001. PUBLIC NUISANCE. (a) The legislature finds |
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that cotton pests are a menace to the cotton industry, and that |
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control of those pests is a public necessity. Any portion of the |
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state that is susceptible to infestation by cotton pests must be |
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protected from this public nuisance and threat to the continued |
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stability of the cotton industry. |
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(b) The legislature finds that volunteer and other |
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noncommercial cotton is a public nuisance that threatens the cotton |
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growers' boll weevil eradication program by serving as a host for |
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cotton pests such as boll weevils and pink bollworms. To protect |
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the cotton industry of this state, volunteer and other |
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noncommercial cotton must be eliminated subject to the provisions |
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of this chapter. |
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SECTION 2. Subchapter A, Chapter 74, Agriculture Code, is |
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amended by adding Sections 74.0031 and 74.0032 to read as follows: |
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Sec. 74.0031. COTTON STALK DESTRUCTION. (a) The |
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department shall submit the recommendations of each administrative |
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committee that governs a pest management zone under Section 74.003 |
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to the Texas Boll Weevil Eradication Foundation. On review of the |
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administrative committee recommendations, the foundation shall |
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submit to the department an estimate of the amount by which the |
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implementation of each recommendation would increase the cost of |
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administering the boll weevil eradication program. |
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(b) The Texas Boll Weevil Eradication Foundation shall: |
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(1) conduct a study of the effects of incomplete |
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cotton stalk destruction and volunteer cotton control on boll |
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weevil eradication activities; and |
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(2) submit annual recommendations to the department |
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and the board of the foundation for a cotton stalk destruction |
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deadline for each pest management zone. |
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(c) The Texas Boll Weevil Eradication Foundation may |
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consult with its technical advisory committee in fulfilling its |
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duties under Subsection (b). |
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(d) The department shall set a cotton stalk destruction |
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deadline for each pest management zone, with consideration given to |
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the recommendations of the foundation and the applicable |
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administrative committee submitted under Subsection (b). |
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Sec. 74.0032. HOSTABLE COTTON FEE. (a) The department |
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shall establish and collect a hostable cotton fee for fields in |
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which hostable cotton stalks, hostable volunteer cotton, or other |
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hostable noncommercial cotton remains past the stalk destruction |
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deadline set for the applicable pest management zone under Section |
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74.0031. A fee under this section shall be expressed in terms of |
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dollars per acre, per week in which the stalks, volunteer cotton, or |
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other noncommercial cotton remains in the field. The department |
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shall establish a procedure to notify a cotton grower that a fee is |
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due the department under this section. |
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(b) If adverse weather conditions or other good cause |
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exists, the administrative committee that governs the applicable |
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pest management zone may request that the department grant an |
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extension of the cotton stalk destruction deadline for any |
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specified part of the pest management zone or for the entire pest |
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management zone. A request under this subsection must be made not |
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later than 10 business days before the applicable cotton stalk |
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destruction deadline. A field is not subject to a hostable cotton |
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fee if the department grants an extension of the deadline. The |
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Texas Boll Weevil Eradication Foundation shall submit to the |
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department an estimate of the amount by which an extension under |
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this subsection will increase the cost of administering the boll |
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weevil eradication program. |
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(c) If the applicable administrative committee does not |
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request an extension, or if the department denies a request for an |
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extension of the cotton stalk destruction deadline for a specified |
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part of a pest management zone, a cotton grower may apply for an |
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individual extension of the deadline. A request under this |
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subsection must be made not later than 10 business days before the |
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applicable pest management zone's stalk destruction deadline. |
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(d) The Texas Boll Weevil Eradication Foundation shall |
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submit to the department an estimate of the amount by which any |
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extension of a stalk destruction deadline that is granted under |
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Subsection (c) will increase the cost of administering the boll |
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weevil eradication program. |
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(e) Any hostable cotton or hostable cotton stalks that |
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remain in a field after the cotton stalk destruction deadline or any |
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extension of the stalk destruction deadline has passed are subject |
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to the hostable cotton fee established under Subsection (a). Any |
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hostable cotton or hostable cotton stalks that remain in a field for |
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more than 30 days after the stalk destruction deadline or any |
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extension of the deadline are subject to 150 percent of the hostable |
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cotton fee established under Subsection (a). |
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(f) A hostable cotton fee shall be sent to the comptroller |
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and may be appropriated only for the purpose of treating hostable |
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cotton or for other expenses related to boll weevil eradication. |
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The department may contract with the Texas Boll Weevil Eradication |
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Foundation or its successor entity for the treatment, control, or |
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monitoring activities funded from the account. |
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(g) Unless on or before the 45th day after the date the |
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department gives notice to a cotton grower that a hostable cotton |
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fee is due the fee is paid, the department may destroy any cotton or |
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cotton stalks that remain in the field, as provided by Section |
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74.004. |
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(h) The department shall adopt rules to administer this |
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section. |
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SECTION 3. Subsections (a) and (b), Section 74.118, |
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Agriculture Code, are amended to read as follows: |
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(a) The commissioner may adopt reasonable rules regarding |
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areas where cotton may not be planted in an eradication zone if |
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there is reason to believe planting will jeopardize the success of |
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the program by making treatment impracticable or present a hazard |
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to public health or safety. |
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(b) The commissioner may adopt rules relating to |
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[prohibiting the planting of] noncommercial cotton located in |
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eradication zones and requiring that all growers of commercial |
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cotton in an eradication zone participate in a boll weevil or pink |
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bollworm eradication program that includes cost sharing as required |
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by the rules. |
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SECTION 4. Section 74.119, Agriculture Code, is amended to |
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read as follows: |
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Sec. 74.119. AUTHORITY FOR DESTRUCTION OR TREATMENT OF |
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COTTON IN ERADICATION ZONES; COMPENSATION PAYABLE. (a) The |
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department shall [may] destroy or treat hostable volunteer or other |
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hostable noncommercial cotton and establish procedures for the |
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purchase and destruction of commercial cotton in eradication zones |
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if the department determines the action is necessary to carry out |
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the purposes of this subchapter. The department is not liable to |
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the owner or lessee for the destruction of or injury to any cotton |
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that was planted in an eradication zone after publication of notice |
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as provided by this subchapter. The foundation is liable for the |
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destruction of cotton if the cotton was planted in an eradication |
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zone before publication of the notice. |
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(b) Not later than January 1, 2010, the department shall |
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adopt rules providing for the regulation and control of volunteer |
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and other noncommercial cotton in pest management zones. At a |
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minimum, the rules must: |
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(1) provide a grower or landowner with a period of time |
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in which the grower or owner is required to destroy hostable |
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volunteer or other hostable noncommercial cotton on receipt of a |
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notice from the department; and |
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(2) allow the department or a person designated by the |
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department: |
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(A) to monitor and treat hostable volunteer or |
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other hostable noncommercial cotton that is located in a crop field |
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for boll weevil infestation if the grower or landowner does not |
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destroy the cotton in compliance with the notice from the |
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department; and |
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(B) to destroy hostable volunteer or other |
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hostable noncommercial cotton that is not in a crop field, as |
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provided by Section 74.004. |
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(c) If a grower or landowner does not destroy hostable |
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volunteer or other hostable noncommercial cotton as required by |
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Subsection (b)(1), the grower or owner shall pay to the department a |
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volunteer cotton fee in an amount determined by the department. A |
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fee under this subsection: |
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(1) may be assessed only on acreage where hostable |
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volunteer or other hostable noncommercial cotton is located; |
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(2) may not be less than one-half the amount the grower |
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or owner would owe if the entire acreage were planted with cotton; |
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and |
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(3) shall be deposited to the credit of the hostable |
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cotton fee account established by Section 74.0032. |
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SECTION 5. 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. |