2009S0577-1 03/05/09

By: Hegar S.B. No. 1871

A BILL TO BE ENTITLED

AN ACT

relating to the management of volunteer and other noncommercial cotton in pest management zones and the official cotton growers' boll weevil eradication program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 74.001, Agriculture Code, is amended to read as follows:

Sec. 74.001. PUBLIC NUISANCE. (a) The legislature finds that cotton pests are a menace to the cotton industry, and that control of those pests is a public necessity. Any portion of the state that is susceptible to infestation by cotton pests must be protected from this public nuisance and threat to the continued stability of the cotton industry.

(b) The legislature finds that volunteer and other noncommercial cotton is a public nuisance that threatens the cotton growers' boll weevil eradication program by serving as a host for cotton pests such as boll weevils and pink bollworms. To protect the cotton industry of this state, volunteer and other noncommercial cotton must be eliminated subject to the provisions of this chapter.

SECTION 2. Subchapter A, Chapter 74, Agriculture Code, is amended by adding Sections 74.0031 and 74.0042 to read as follows:

Sec. 74.0031. COTTON STALK DESTRUCTION. (a) The department shall submit the recommendations of each administrative committee for each pest management zone under Section 74.003 to the Texas Boll Weevil Eradication Foundation, Inc. On review of the administrative committee recommendations, the foundation shall submit to the department an estimate of the amount by which the implementation of each recommendation would increase the cost of administering the boll weevil eradication program.

(b) The Texas Boll Weevil Eradication Foundation, Inc.:

(1) shall conduct a study of the effects of incomplete cotton stalk destruction and volunteer cotton control on boll weevil eradication activities;

(2) shall submit recommendations to the department and the foundation's board of directors for a cotton stalk destruction deadline for each pest management zone not later than November 1, 2009; and

(3) may consult with its technical advisory committee in formulating the study and recommendations called for by this subsection.

(c) The department shall set a cotton stalk destruction deadline for each pest management zone based on the foundation's recommendations under Subsection (b).

Sec. 74.0042. HOSTABLE COTTON FEE. (a) The department shall establish and collect a hostable cotton fee for fields in which cotton stalks, volunteer cotton, or other noncommercial cotton remains past the stalk destruction deadline for the applicable pest management zone. A fee under this section shall be expressed in terms of dollars per acre per week and shall apply for each week that the stalks, volunteer cotton, or other noncommercial cotton remains in the field.

(b) If adverse weather affects an area within 10 days of the date of harvest, the administrative committee for the applicable pest management zone may request that the department grant a blanket extension of the cotton stalk destruction deadline for all fields located in the pest management zone. A request under this subsection must be made not later than the 14th day before the applicable cotton stalk destruction deadline. A field is not subject to a hostable cotton fee if the department grants a blanket extension of the deadline. The Texas Boll Weevil Eradication Foundation, Inc., shall submit to the department an estimate of the amount by which an extension under this subsection will increase the cost of administering the boll weevil eradication program.

(c) If the department denies a request for a blanket extension of the cotton stalk destruction deadline for the fields in a pest management zone, a cotton grower may apply for an individual extension of the deadline. A request under this subsection must be made not later than the fourth business day before the applicable pest management zone's stalk destruction deadline. The Texas Boll Weevil Eradication Foundation, Inc., shall submit to the department an estimate of the amount by which any extension of a stalk destruction deadline that is granted under this subsection will increase the cost of administering the boll weevil eradication program.

(d) Any cotton or cotton stalks that remain in a field after the cotton stalk destruction deadline has passed that are covered by an individual extension are subject to one-half the hostable cotton fee established under Subsection (a) for the duration of the individual extension.

(e) Any cotton or cotton stalks that remain in a field after the cotton stalk destruction deadline or any extension of the stalk destruction deadline has passed are subject to the hostable cotton fee established under Subsection (a). Any cotton or cotton stalks that remain in a field for more than 30 days after the stalk destruction deadline or any extension of the deadline are subject to twice the hostable cotton fee established under Subsection (a).

(f) Hostable cotton fees collected by the department shall be sent to the comptroller and deposited in an account established for the treatment of cotton until the cotton is rendered nonhostable and for other expenses incident to boll weevil eradication. The department may contract with the Texas Boll Weevil Eradication Foundation, Inc., or its successor entity for treatment, control, or monitoring activities funded from the account.

(g) If a hostable cotton fee that is due is not paid on or before the 45th day after the date the department gives notice to a cotton grower that the fee is due, the department may destroy any cotton or cotton stalks that remain in the field, as provided by Section 74.004.

(h) The department shall adopt rules to administer this section.

SECTION 3. Subsection (a), Section 74.118, Agriculture Code, is amended to read as follows:

(a) The commissioner may adopt reasonable rules regarding areas where cotton may not be planted in an eradication zone if there is reason to believe that planting will jeopardize the success of the program by making treatment impracticable or present a hazard to public health or safety.

SECTION 4. Section 74.119, Agriculture Code, is amended to read as follows:

Sec. 74.119. AUTHORITY FOR DESTRUCTION OR TREATMENT OF COTTON IN ERADICATION ZONES; COMPENSATION PAYABLE. (a) The department shall [may] destroy or treat volunteer or other noncommercial cotton and establish procedures for the purchase and destruction of commercial cotton in eradication zones [if the department determines the action is necessary to carry out the purposes of this subchapter]. The department is not liable to the owner or lessee for the destruction of or injury to any cotton that was planted in an eradication zone after publication of notice as provided by this subchapter. The foundation is liable for the destruction of cotton if the cotton was planted in an eradication zone before publication of the notice.

(b) Not later than January 1, 2010, the department shall adopt rules providing for the regulation and control of volunteer and other noncommercial cotton in pest management zones. At a minimum, the rules must:

(1) provide a cotton grower with a period of not less than five or more than 15 days in which the grower is required to destroy volunteer or other noncommercial cotton on receipt of a notice from the department; or

(2) allow the department or a person designated by the department to monitor and treat volunteer or other noncommercial cotton for boll weevil infestation if the cotton grower does not destroy the cotton in compliance with the notice from the department.

(c) If a cotton grower does not destroy volunteer or other noncommercial cotton as provided by Subsection (b)(1), the grower shall be liable to the department for a volunteer cotton fee to be set by the department. The fee shall in no event be less than the eradication assessment that would have been owed if the entire field in question were planted in cotton. Volunteer cotton fees shall be deposited in the hostable cotton fee account established under Section 74.0042, and the fee proceeds may be expended for like purposes.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.