83R7035 BEF-F
 
  By: Darby H.B. No. 2778
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the official cotton growers boll weevil eradication
  foundation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 74.202(b), Agriculture Code, is amended
  to read as follows:
         (b)  An eradication zone is eligible for inclusion in a
  maintenance area if:
               (1)  the commissioner determines that the boll weevil
  has been functionally eradicated in that zone;
               (2)  the zone has satisfied any debt owed to the
  foundation;
               (3)  the cotton grower steering committee has been
  consulted regarding [requests] the inclusion of the zone in a
  maintenance area; and
               (4)  the foundation requests the inclusion of the zone
  in a maintenance area.
         SECTION 2.  Section 74.203(b), Agriculture Code, is amended
  to read as follows:
         (b)  The maintenance fee must be collected on a per-acre or
  per-bale basis at a rate to be set by the commissioner after
  receiving a recommendation from the board.  The board shall consult
  with cotton grower steering committees [and the technical advisory
  committee] in formulating a recommendation to the commissioner
  under this subsection. The commissioner may accept, reject, or
  modify a board recommendation.
         SECTION 3.  Subchapter F, Chapter 74, Agriculture Code, is
  amended by adding Section 74.2035 to read as follows:
         Sec. 74.2035.  TRANSFER OF FUNDS BETWEEN ERADICATION ZONES
  AND MAINTENANCE AREAS. Notwithstanding any provision of this
  subchapter or Subchapter D, with the approval of the board and the
  commissioner, the foundation may transfer funds, including the
  proceeds from the collection of assessments or maintenance fees,
  between eradication zones and maintenance areas as needed to
  fulfill the purposes of this subchapter and Subchapter D. The board
  shall consult with affected cotton grower steering committees
  before recommending that the commissioner approve the transfer of
  funds under this section.
         SECTION 4.  Section 74.1135(b), Agriculture Code, is
  repealed.
         SECTION 5.  Section 74.2035, Agriculture Code, as added by
  this Act, applies to the transfer of funds by the Texas Boll Weevil
  Eradication Foundation without regard to whether the funds consist
  of assessments or maintenance fees collected before, on, or after
  the effective date of this Act.
         SECTION 6.  This Act takes effect September 1, 2013.