HBA-SEP S.B. 717 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 717
By: Duncan
Agriculture & Livestock
3/15/2001
Engrossed



BACKGROUND AND PURPOSE 

Under current law, the commissioner of agriculture has the authority to
designate cotton boll weevil eradication zone interim advisory groups to
assist the commissioner with determinations and recommendations on the
formation of eradication zones across the state.  As a result of the
expansion of the program, the focus for the interim advisory groups has
changed.  Senate Bill 717 gives the interim advisory groups the new label
of advisory committees and gives the commissioner the authority to appoint
the members.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 717 amends the Agriculture Code to authorize the commissioner
of agriculture (commissioner) to appoint an advisory committee (committee)
for an existing boll weevil eradication zone or an area of the state that
is to be considered by the commissioner for designation as or inclusion in
an eradication zone. The bill authorizes each advisory committee to
consider and make recommendations to the commissioner and the Texas Boll
Weevil Eradication Foundation, Inc. (foundation) for the ongoing
implementation of an eradication program approved by growers in an
eradication zone and any other matter requested by the commissioner or the
foundation.  The bill requires that each advisory committee include a
sufficient number of cotton growers to ensure adequate representation
across the eradication zone.  The bill provides that the advisory
committees are subject to laws regarding open meetings and public
information and are immune from lawsuits and liability except as provided
by the Texas Tort Claims Act. 

S.B. 717 provides that an assessment lien is not an agricultural lien and
is subject to and preempted by the federal Food Security Act of 1985, and
shall be treated under that Act in the same manner as a security interest
created by the seller.  The bill provides that a buyer of cotton takes free
of the assessment lien if the buyer does not receive notice of the
assessment lien as required by the Food Security Act of 1985, or buys the
cotton from a person other than the producer of the cotton.  The bill
authorizes the Department of Agriculture (department) to investigate,
audit, and inspect the records of the person who is the subject of the
investigation if the department believes a violation has occurred.  The
bill authorizes the foundation to cooperate with an appropriate state
agency of another state contiguous to the affected area in programs to
eliminate the boll weevil and the pink bollworm. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.