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March 16, 2001
Lawmakers support
weevil eradication program
By Lana Robinson
Field Editor
March has been a good month for the state's boll weevil eradication program. The Legislative Budget Board gave the nod for continued funding, and a "clean up" bill to improve program operations moves forward, unopposed at press time, on the Texas Senate's local uncontested calendar.
"We have really great news to report on both fronts," Gary Joiner, Texas Farm Bureau associate legislative director, said on March 6. "It looks like full funding as recommended by the Legislative Budget Board is being pursued— $50 million for the next biennium—the amount requested by the Texas Department of Agriculture. It's terrific news. That dollar figure is contained in the base budget. It continues the level of state costshare participation that has been provided to growers in the past. It's not something we feel like is going to be subject to any changes. It'll be decided in the conference committee."
Joiner noted that two years ago, the 76th Legislature approved $75 million—$25 million in emergency funds and $50 million in general appropriations. He was pleased with the support shown by lawmakers.
"We feel real good about it. There was discussion on the Senate side as to the necessity of the program, and how the funds are to be utilized. Once that discussion took place, and that examination, that working group came forward and recommended full funding," Joiner explained.
Farm Bureau supported SB 717, by Sen. Robert Duncan (R-Lubbock) and HB 1711, by Rep. Judy Hawley (D-Portland)—bills which Joiner said do not make substantive changes in the boll weevil eradication program, but smooth out some of the wrinkles.
"We feel like it continues to provide the accountability and fair operations of the program," he said. "We really appreciate the efforts of Sen. Duncan and Rep. Hawley who were very much instrumental in resurrecting the program and putting it back on its feet two years ago, when the Supreme Court ruling effectively ended it, and their efforts this session to help make a good program even better."
According to Joiner, SB 717 would change the regional boll weevil eradication program interim advisory groups, for existing eradication zones or areas to be considered for designation as an eradication zone, to permanent advisory committees. Members would be appointed by the Commissioner of Agriculture, and each committee would be required to have "a sufficient number" of cotton growers to ensure adequate representation across the eradication zone, including at least one cotton grower from each county in the zone. The advisory committees would be required to gather advice, input and guidance from cotton growers in the area represented by the committee.
He said committees would be allowed to consider and make recommendations to the Commissioner and the Boll Weevil Eradication Foundation concerning: geographic boundaries of proposed eradication zones, the amount of local interest in operating an eradication zone, the basis and amount of an assessment necessary to support an eradication program, the need to restructure pre-existing debt from prior eradication efforts, 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 committees would be subject to open records and open meetings laws. They would be immune from lawsuits and liability, but they would be subject to the Texas Tort Claims Act," he said.
The bill would clarify that the assessment liens against a cotton grower who fails to pay an assessment would not be subject to Title 9 of the Business and Commerce Code (the chapter that covers secured transactions), but is subject to the Food Security Act of 1985. Under current law, a buyer takes free of the assessment lien if the buyer: (1) receives a compliance certificate issued by the Foundation, or (2) pays for the cotton by a check on which the Department is named as a joint payee. This bill would also allow a buyer to take free of assessment if the buyer: (1) does not receive notice of the assessment lien as required by the Food Security Act or (2) buys the cotton from a person other than the producer of the cotton. TDA would be given authority to investigate, audit, and inspect—during normal business hours—the records of person who TDA has cause to believe is violating the rules regarding assessment liens.
The bill would add to the list of acceptable cooperative partners to carry out the eradication program an appropriate state agency of another state contiguous to the affected area, to the extent allowed by federal law, that of Texas, and that of the contiguous state.
