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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 and the official cotton growers' |
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boll weevil eradication program. |
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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 74.0042 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 for each pest management zone under Section 74.003 to the |
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Texas Boll Weevil Eradication Foundation, Inc. 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, Inc.: |
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(1) shall 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; |
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(2) shall submit recommendations to the department and |
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the foundation's board of directors for a cotton stalk destruction |
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deadline for each pest management zone not later than November 1, |
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2009; and |
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(3) may consult with its technical advisory committee |
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in formulating the study and recommendations called for by this |
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subsection. |
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(c) The department shall set a cotton stalk destruction |
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deadline for each pest management zone based on the foundation's |
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recommendations under Subsection (b). |
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Sec. 74.0042. 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 cotton stalks, volunteer cotton, or other noncommercial |
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cotton remains past the stalk destruction deadline for the |
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applicable pest management zone. A fee under this section shall be |
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expressed in terms of dollars per acre per week and shall apply for |
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each week that the stalks, volunteer cotton, or other noncommercial |
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cotton remains in the field. |
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(b) If adverse weather affects an area within 10 days of the |
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date of harvest, the administrative committee for the applicable |
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pest management zone may request that the department grant a |
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blanket extension of the cotton stalk destruction deadline for all |
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fields located in the pest management zone. A request under this |
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subsection must be made not later than the 14th day before the |
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applicable cotton stalk destruction deadline. A field is not |
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subject to a hostable cotton fee if the department grants a blanket |
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extension of the deadline. The Texas Boll Weevil Eradication |
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Foundation, Inc., shall submit to the department an estimate of the |
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amount by which an extension under this subsection will increase |
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the cost of administering the boll weevil eradication program. |
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(c) If the department denies a request for a blanket |
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extension of the cotton stalk destruction deadline for the fields |
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in 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 the fourth business day |
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before the applicable pest management zone's stalk destruction |
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deadline. The Texas Boll Weevil Eradication Foundation, Inc., |
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shall submit to the department an estimate of the amount by which |
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any extension of a stalk destruction deadline that is granted 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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(d) Any cotton or cotton stalks that remain in a field after |
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the cotton stalk destruction deadline has passed that are covered |
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by an individual extension are subject to one-half the hostable |
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cotton fee established under Subsection (a) for the duration of the |
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individual extension. |
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(e) Any cotton or cotton stalks that remain in a field after |
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the cotton stalk destruction deadline or any extension of the stalk |
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destruction deadline has passed are subject to the hostable cotton |
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fee established under Subsection (a). Any cotton or cotton stalks |
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that remain in a field for more than 30 days after the stalk |
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destruction deadline or any extension of the deadline are subject |
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to twice the hostable cotton fee established under Subsection (a). |
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(f) Hostable cotton fees collected by the department shall |
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be sent to the comptroller and deposited in an account established |
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for the treatment of cotton until the cotton is rendered |
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nonhostable and for other expenses incident to boll weevil |
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eradication. The department may contract with the Texas Boll |
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Weevil Eradication Foundation, Inc., or its successor entity for |
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treatment, control, or monitoring activities funded from the |
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account. |
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(g) If a hostable cotton fee that is due is not paid on or |
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before the 45th day after the date the department gives notice to a |
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cotton grower that the fee is due, the department may destroy any |
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cotton or cotton stalks that remain in the field, as provided by |
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Section 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. Subsection (a), Section 74.118, Agriculture |
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Code, is 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 that planting will jeopardize the |
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success of the program by making treatment impracticable or present |
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a hazard to public health or safety. |
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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 volunteer or other |
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noncommercial cotton and establish procedures for the purchase and |
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destruction of commercial cotton in eradication zones [if the
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department determines the action is necessary to carry out the
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purposes of this subchapter]. The department is not liable to the |
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owner or lessee for the destruction of or injury to any cotton that |
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was planted in an eradication zone after publication of notice as |
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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 cotton grower with a period of not less |
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than five or more than 15 days in which the grower is required to |
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destroy volunteer or other noncommercial cotton on receipt of a |
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notice from the department; or |
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(2) allow the department or a person designated by the |
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department to monitor and treat volunteer or other noncommercial |
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cotton for boll weevil infestation if the cotton grower does not |
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destroy the cotton in compliance with the notice from the |
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department. |
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(c) If a cotton grower does not destroy volunteer or other |
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noncommercial cotton as provided by Subsection (b)(1), the grower |
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shall be liable to the department for a volunteer cotton fee to be |
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set by the department. The fee shall in no event be less than the |
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eradication assessment that would have been owed if the entire |
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field in question were planted in cotton. Volunteer cotton fees |
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shall be deposited in the hostable cotton fee account established |
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under Section 74.0042, and the fee proceeds may be expended for like |
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purposes. |
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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. |