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.