HBA-JRA C.S.S.B. 448 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 448 By: Duncan Agriculture & Livestock 3/23/1999 Committee Report (Substituted) 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. C.S.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) Authorizes the Department of Agriculture to spend money under the cost-sharing program 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. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original, in SECTION 1, by deleting the prohibition proposed in Section 74.153, Agriculture Code, against the Department of Agriculture providing funding for boll weevil eradication services at a rate in excess of the rate set in the General Appropriations Act if the commissioner contracts for services with the Texas Boll Weevil Eradication Foundation, Inc.