HBA-JRA S.B. 448 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 448
By: Duncan (Hawley)
Agriculture & Livestock
3/12/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, boll weevil eradication programs in Texas are financed primarily
by cotton growers, with limited help from the federal government.  In
cooperation with the Texas Department of Agriculture, growers have formed
eradication zones to fight the boll weevil.  However, much work remains to
be done, as eradication efforts have begun on less than 25 percent of the
state's acres. S.B. 448 authorizes the commissioner of agriculture to
expend funds appropriated by the legislature for the eradication of the
boll weevil or pink bollworm in a cost-sharing program. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of agriculture in
SECTION 1 (Section 74.152, Agriculture Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 74, Agriculture Code, by adding Subchapter E, as
follows: 

SUBCHAPTER E.  COST-SHARING FOR BOLL WEEVIL ERADICATION

Sec. 74.151.  DEFINITIONS.  Establishes that "boll weevil" and "pink
bollworm" have the meanings assigned to them by Section 74.002
(Definitions) and "commissioner" is defined as the commissioner of
agriculture. 

Sec. 74.152.  CREATION OF COST-SHARING PROGRAM.  Creates a cost-sharing
program to be administered under this chapter and rules adopted by the
commissioner to eradicate the boll weevil and the pink bollworm. 

Sec. 74.153.  COST-SHARING PROGRAM REQUIREMENTS.  (a)  Authorizes the
commissioner to contract with The Texas Boll Weevil Eradication Foundation,
Inc., to obtain boll weevil eradication services for the state. 

(b)  Prohibits the Department of Agriculture (department) from providing
funding for the service at a rate in excess of the rate set in the General
Appropriations Act if the commissioner contract for services with The Texas
Boll Weevil Eradication Foundation, Inc. 

(c)  Authorizes the department to spend money under the cost-sharing only
in a zone in which a boll weevil eradication project under this chapter is
active or boll weevil eradication has been declared complete by the United
States Department of Agriculture or its designee. 

SECTION 2.Emergency clause.
  Effective date: upon passage.