AN ACT
relating to the Interstate Pest Control
Compact.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
TEXAS:
SECTION 1. Subtitle B, Title 5, Agriculture Code, is
amended by adding Chapter 79 to read as follows:
CHAPTER 79. INTERSTATE PEST CONTROL COMPACT
Sec. 79.001. DEFINITIONS. In this chapter: (1)
"Compact" means the Interstate Pest Control Compact. (2) "Executive
head" as used in the compact, with reference to this state, means the
governor.
Sec. 79.002. FILING OF BYLAWS. Under Article IV(h) of
the compact, copies of the bylaws adopted by the governing board and
amendments to the bylaws must be filed with the commissioner.
Sec. 79.003. COMPACT ADMINISTRATOR. The commissioner
is the compact administrator for this state.
Sec. 79.004. COOPERATION WITH PEST CONTROL INSURANCE
FUND. Consistent with other law and using funds appropriated for the
purpose, the state may cooperate with the insurance fund established by
the compact.
Sec. 79.005. REQUEST FOR ASSISTANCE. The commissioner
may request or apply for assistance from the insurance fund established
by the compact, as provided by Article VI(b) or VIII(a) of the compact.
Sec. 79.006. DISPOSITION OF CERTAIN MONEY. A
department or agency that expends or becomes liable for an expenditure
due to a control or eradication program undertaken or intensified under
the compact shall have credited to the department or agency account in
the state treasury the amount of any payment made to the state to defray
the cost of the program or to reimburse the state.
Sec. 79.007. EXECUTION OF INTERSTATE COMPACT. This
state enters into a compact with all other states legally joining in the
compact in substantially the following form:
INTERSTATE PEST CONTROL COMPACT
ARTICLE I. FINDINGS
The party states find that: (1) in the absence of the
higher degree of cooperation among them possible under this Compact, the
annual loss of approximately 137 billion dollars from the depredations
of pests is virtually certain to continue, if not to increase; (2)
because of the varying climatic, geographic, and economic factors, each
state may be affected differently by particular species of pests; but
all states share the inability to protect themselves fully against those
pests which present serious dangers to them; (3) the migratory character
of pest infestations makes it necessary for states both adjacent to and
distant from one another to complement each other's activities when
faced with conditions of infestation and reinfestation; and (4) while
every state is seriously affected by a substantial number of pests, and
every state is susceptible of infestation by many species of pests not
now causing damage to its crops and plant life and products, the fact
that relatively few species of pests present equal danger to or are of
interest to all states makes the establishment and operation of an
insurance fund, from which individual states may obtain financial
support for pest control programs of benefit to them in other states and
to which they may contribute in accordance with their relative interest,
the most equitable means of financing cooperative pest eradication and
control programs.
ARTICLE II. DEFINITIONS
As used in this Compact, unless the context clearly
requires a different construction: (1) "State" means a state, territory
or possession of the United States, the District of Columbia, or the
Commonwealth of Puerto Rico. (2) "Requesting state" means a state which
invokes the procedures of the Compact to secure the undertaking or
intensification of measures to control or eradicate one or more pests
within one or more other states. (3) "Responding state" means a state
requested to undertake or intensify the measures to control or eradicate
one or more pests. (4) "Pest" means any invertebrate animal, pathogen,
parasitic plant, or similar or allied organism which can cause disease
or damage in any crops, trees, shrubs, grasses, or other plants of
substantial value. (5) "Insurance Fund" means the Pest Control Insurance
Fund established under this Compact. (6) "Governing Board" means the
administrators of this Compact representing all of the party states when
such administrators are acting as a body in pursuance of authority
vested in them by this Compact. (7) "Executive committee" means the
committee established under Article V (e) of this Compact.
ARTICLE III. THE INSURANCE FUND
There is hereby established a Pest Control Insurance
Fund for the purpose of financing other than normal pest control
operations which states may be called upon to engage in pursuant to this
Compact. The Insurance Fund shall contain moneys appropriated to it by
the party states and any donations and grants accepted by it. All
appropriations, except as conditioned by the rights and obligations of
party states expressly set forth in this Compact, shall be unconditional
and may not be restricted by the appropriating state to use in the
control of any specified pest or pests. Donations and grants may be
conditional or unconditional, provided that the Insurance Fund shall not
accept any donation or grant whose terms are inconsistent with any
provision of this Compact.
ARTICLE IV. THE INSURANCE FUND,
INTERNAL OPERATIONS, AND MANAGEMENT
(a) The Insurance Fund shall be administered by a
Governing Board and Executive Committee as hereinafter provided. The
actions of the Governing Board and the Executive Committee pursuant to
this Compact shall be deemed the actions of the Insurance Fund.
(b) The members of the Governing Board shall be
entitled to one vote on such board. No action of the Governing Board
shall be binding unless taken at a meeting at which a majority of the
total number of votes on the Governing Board is cast in favor thereof.
Action of the Governing Board shall be only at a meeting at which a
majority of the members are present.
(c) The Insurance Fund shall have a seal which may be
employed as an official symbol and which may be affixed to documents and
otherwise used as the Governing Board may provide.
(d) The Governing Board shall elect annually, from
among its members, a chairman, a vice chairman, a secretary, and a
treasurer. The chairman may not succeed himself. The Governing Board may
appoint an executive director and fix his duties and his compensation,
if any. Such executive director shall serve at the pleasure of the
Governing Board. The Governing Board shall make provision for the
bonding of such of the officers and employees of the Insurance Fund as
may be appropriate.
(e) Irrespective of the civil service, personnel, or
other merit system laws of any of the party states, the executive
director, or if there be no executive director, the chairman, in
accordance with such procedures as the bylaws may provide, shall
appoint, remove, or discharge such personnel as may be necessary for the
performance of the functions of the Insurance Fund and shall fix the
duties and compensation of such personnel. The Governing Board in its
bylaws shall provide for the personnel policies and programs of the
Insurance Fund.
(f) The Insurance Fund may borrow, accept, or contract
for the services of personnel from any state, the United States, or any
other governmental agency, or from any person, firm, association, or
corporation.
(g) The Insurance Fund may accept for any of its
purposes and functions under this Compact any and all donations, and
grants of money, equipment, supplies, materials, and services,
conditional or otherwise, from any state, the United States, or any
other governmental agency, or from any person, firm, association, or
corporation, and may receive, utilize, and dispose of the same. Any
donation, gift, or grant accepted by the Governing Board pursuant to
this paragraph or services borrowed pursuant to paragraph (f) of this
Article shall be reported in the annual report of the Insurance Fund.
Such report shall include the nature, amount, and conditions, if any, of
the donation, gift, grant, or services borrowed and the identity of the
donor or lender.
(h) The Governing Board shall adopt bylaws for the
conduct of the business of the Insurance Fund and shall have the power
to amend and to rescind these bylaws. The Insurance Fund shall publish
its bylaws in convenient form and shall file a copy thereof and a copy
of any amendment thereto with the appropriate agency or officer in each
of the party states.
(i) The Insurance Fund annually shall make to the
Governor and legislature of each party state a report covering its
activities for the preceding year. The Insurance Fund may make such
additional reports as it may deem desirable.
(j) In addition to the powers and duties specifically
authorized and imposed, the Insurance Fund may do such other things as
are necessary and incidental to the conduct of its affairs pursuant to
this Compact.
ARTICLE V. COMPACT AND INSURANCE FUND
ADMINISTRATION
(a) In each party state there shall be a Compact
administrator, who shall be selected and serve in such manner as the
laws of his state may provide, and who shall: 1. Assist in the
coordination of activities pursuant to the Compact in his state; and 2.
Represent his state on the Governing Board of the Insurance Fund.
(b) If the laws of the United States specifically so
provide, or if administrative provision is made therefore within the
federal government, the United States may be represented on the
Governing Board of the Insurance Fund by not to exceed three
representatives. Any such representative or representatives of the
United States shall be appointed and serve in such manner as may be
provided by or pursuant to federal law, but no such representative shall
have a vote on the Governing Board or the Executive Committee thereof.
(c) The Governing Board shall meet at least once each
year for the purpose of determining policies and procedures in the
administration of the Insurance Fund and, consistent with the provisions
of the Compact, supervising and giving direction to the expenditure of
moneys from the Insurance Fund. Additional meetings of the Governing
Board shall be held on call of the chairman, the Executive Committee, or
a majority of the membership of the Governing Board.
(d) At such times as it may be meeting, the Governing
Board shall pass upon applications for assistance from the Insurance
Fund and authorize disbursements therefrom. When the Governing Board is
not in session, the Executive Committee thereof shall act as agent of
the Governing Board, with full authority to act for it in passing upon
such applications.
(e) The Executive Committee shall be composed of the
chairman of the Governing Board and four additional members of the
Governing Board chosen by it so that there shall be one member
representing each of four geographic groupings of party states. The
Governing Board shall make such geographic groupings. If there is
representation of the United States on the Governing Board, one such
representative may meet with the Executive Committee. The chairman of
the Governing Board shall be chairman of the Executive Committee. No
action of the Executive Committee shall be binding unless taken at a
meeting at which at least four members of such Committee are present and
vote in favor thereof. Necessary expenses of each of the five members of
the Executive Committee incurred in attending meetings of such
Committee, when not held at the same time and place as a meeting of the
Governing Board, shall be charges against the Insurance Fund.
ARTICLE VI. ASSISTANCE AND
REIMBURSEMENT
(a) Each party state pledges to each other party state
that it will employ its best efforts to eradicate, or control within the
strictest practicable limits, any and all pests. It is recognized that
performance of this responsibility involves: (1) The maintenance of pest
control and eradication activities of interstate significance by a party
state at a level that would be reasonable for its own protection in the
absence of this Compact. (2) The meeting of emergency outbreaks or
infestations of interstate significance to no less an extent than would
have been done in the absence of this Compact.
(b) Whenever a party state is threatened by a pest not
present within its borders but present within another party state, or
whenever a party state is undertaking or engaged in activities for the
control or eradication of a pest or pests, and finds that such
activities are or would be impracticable or substantially more difficult
of success by reason of failure of another party state to cope with
infestation or threatened infestation, that state may request the
Governing Board to authorize expenditures from the Insurance Fund for
eradication or control measures to be taken by one or more of such other
party states at a level sufficient to prevent, or to reduce to the
greatest practicable extent, infestation or reinfestation of the
requesting state. Upon such authorization the responding state or states
shall take or increase such eradication or control measures as may be
warranted. A responding state shall use moneys available from the
Insurance Fund expeditiously and efficiently to assist in affording the
protection requested.
(c) In order to apply for expenditures from the
Insurance Fund, a requesting state shall submit the following in
writing: (1) A detailed statement of the circumstances which occasion
the request for the invoking of the Compact. (2) Evidence that the nest
on account of whose eradication or control assistance is requested
constitutes a danger to an agricultural or forest crop, product, tree,
shrub, grass, or other plant having a substantial value to the
requesting state. (3) A statement of the extent of the present and
projected program of the requesting state and its subdivisions,
including full information as to the legal authority for the conduct of
such program or programs and the expenditures being made or budgeted
therefore, in connection with the eradication, control, or prevention of
introduction of the pest concerned. (4) Proof that the expenditures
being made or budgeted as detailed in item 3 of this paragraph do not
constitute a reduction of the effort for the control or eradication of
the pest concerned or, if there is a reduction, the reasons why the
level of program detailed in item 3 of this paragraph constitutes a
normal level of pest control activity. (5) A declaration as to whether,
to the best of its knowledge and belief, the conditions which in its
view occasion the invoking of the Compact in the particular instance can
be abated by a program undertaken with the aid of moneys from the
Insurance Fund in one year or less, or whether the request is for an
installment in a program which is likely to continue for a longer period
of time. (6) Such other information as the Governing Board may require
consistent with the provisions of this Compact.
(d) The Governing Board or Executive Committee shall
give due notice of any meeting at which an application for assistance
from the Insurance Fund is to be considered. Such notice shall be given
to the Compact administrator of each party state and to such other
officers and agencies as may be designated by the laws of the party
states. The requesting state and any other party state shall be entitled
to be represented and present evidence and argument at such meeting.
(e) Upon the submission as required by paragraph (c)
of this Article and such other information as it may have or acquire,
and upon determining that an expenditure of funds is within the purposes
of this Compact and justified thereby, the Governing Board or Executive
Committee shall authorize support of the program. The Governing Board or
Executive Committee may meet at any time or place for the purpose of
receiving and considering an application. Any and all determinations of
the Governing Board or Executive Committee, with respect to an
application, together with the reasons therefore shall be recorded and
subscribed in such manner as to show and preserve the votes of the
individual members thereof.
(f) A requesting state which is dissatisfied with a
determination of the Executive Committee shall upon notice in writing
given within twenty days of the determination with which it is
dissatisfied, be entitled to receive a review thereof at the next
meeting of the Governing Board. Determinations of the Executive
Committee shall be reviewable only by the Governing Board at one of its
regular meetings, or at a special meeting held in such manner as the
Governing Board may authorize.
(g) Responding states required to undertake or
increase measures pursuant to this Compact may receive moneys from the
Insurance Fund, either at the time or times when such state incurs
expenditures on account of such measures, or as reimbursement for
expenses incurred and chargeable to the Insurance Fund. The Governing
Board shall adopt and, from time to time, may amend or revise procedures
for submission of claims upon it and for payment thereof.
(h) Before authorizing the expenditure of moneys from
the Insurance Fund pursuant to an application of a requesting state, the
Insurance Fund shall ascertain the extent and nature of any timely
assistance or participation which may be available from the federal
government and shall request the appropriate agency or agencies of the
federal government for such assistance and participation.
(i) The Insurance Fund may negotiate and execute a
memorandum of understanding or other appropriate instrument defining the
extent and degree of assistance or participation between and among the
Insurance Fund, cooperating federal agencies, states, and any other
entities concerned.
ARTICLE VII. ADVISORY AND TECHNICAL
COMMITTEES
The Governing Board may establish advisory and
technical committees composed of state, local, and federal officials and
private persons to advise it with respect to any one or more of its
functions. Any such advisory or technical committee, or any member or
members thereof, may meet with and participate in its deliberations upon
request of the Governing Board or Executive Committee. An advisory or
technical committee may furnish information and recommendations with
respect to any application for assistance from the Insurance Fund being
considered by such Board or Committee and the Board or Committee may
receive and consider the same; provided that any participant in a
meeting of the Governing Board or Executive Committee held pursuant to
Article VI (d) of the Compact shall be entitled to know the substance of
any such information and recommendations, at the time of the meeting if
made prior thereto or as a part thereof or, if made thereafter, no later
than the time at which the Governing Board or Executive Committee makes
its disposition of the application.
ARTICLE VIII. RELATIONS WITH NONPARTY
JURISDICTIONS
(a) A party state may make application for assistance
from the Insurance Fund in respect of a pest in a nonparty state. Such
application shall be considered and disposed of by the Governing Board
or Executive Committee in the same manner as an application with respect
to a pest within a party state, except as provided in this Article.
(b) At or in connection with any meeting of the
Governing Board or Executive Committee held pursuant to Article VI (d)
of this Compact, a nonparty state shall be entitled to appear,
participate, and receive information only to such extent as the
Governing Board or Executive Committee may provide. A nonparty state
shall not be entitled to review of any determination made by the
Executive Committee.
(c) The Governing Board or Executive Committee shall
authorize expenditures from the Insurance Fund to be made in a nonparty
state only after determining that the conditions in such state and the
value of such expenditures to the party states as a whole justify them.
The Governing Board or Executive Committee may set any conditions which
it deems appropriate with respect to the expenditure of moneys from the
Insurance Fund in a nonparty state and may enter into such agreement or
agreements with nonparty states and other jurisdictions or entities as
it may deem necessary or appropriate to protect the interests of the
Insurance Fund with respect to expenditures and activities outside of
party states.
ARTICLE IX. FINANCE
(a) The Insurance Fund shall submit to the executive
head or designated officer or officers of each party state a budget for
the Insurance Fund for such period as may be required by the laws of
that party state for a presentation to the legislature thereof.
(b) Each of the budgets shall contain specific
recommendations of the amount or amounts to be appropriated by each of
the party states. The request for appropriations shall be apportioned
among the party states as follows: one-tenth of the total budget in
equal shares and the remainder in proportion to the value of
agricultural and forest crops and products, excluding animals and animal
products, produced in each party state. In determining the value of such
crops and products the Insurance Fund may employ such source or sources
of information as in its judgment present the most equitable and
accurate comparisons among the party states. Each of the budgets and
requests for appropriations shall indicate the source or sources used in
obtaining information concerning value of products.
(c) The financial assets of the Insurance Fund shall
be maintained in two accounts to be designated respectively as the
"Operating Account" and the "Claims Account." The Operating Account
shall consist only of those assets necessary for the administration of
the Insurance Fund during the next ensuing two-year period. The Claims
Account shall contain all moneys not included in the Operating Account
and shall not exceed the amount reasonably estimated to be sufficient to
pay all legitimate claims on the Insurance Fund for a period of three
years. At any time when the Claims Account has reached its maximum limit
or would reach its maximum limit by the addition of moneys requested for
appropriation by the party states, the Governing Board shall reduce its
budget requests on a pro rata basis in such manner as to keep the Claims
Account within such maximum limit. Any moneys in the Claims Account by
virtue of conditional donations, grants, or gifts shall be included in
calculations made pursuant to this paragraph only to the extent that
such moneys are available to meet demands arising out of the claims.
(d) The Insurance Fund shall not pledge the credit of
any party state. The Insurance Fund may meet any of its obligations in
whole or in part with moneys available to it under Article IV (g) of
this Compact, provided that the Governing Board take specific action
setting aside such moneys prior to incurring any obligation to be met in
whole or in part in such manner. Except where the Insurance Fund makes
use of moneys available to it under Article IV (g) of this Compact, the
Insurance Fund shall not incur any obligation prior to the allotment of
moneys by the party states adequate to meet the same.
(e) The Insurance Fund shall keep accurate accounts of
all receipts and disbursements. The receipts and disbursements of the
Insurance Fund shall be subject to the audit and accounting procedures
established under its bylaws. However, all receipts and disbursements of
funds handled by the Insurance Fund shall be audited yearly by a
certified or licensed public accountant and report of the audit shall be
included in and become part of the annual report of the Insurance Fund.
(f) The accounts of the Insurance Fund shall be open
at any reasonable time for inspection by duly authorized officers of the
party states and by any persons authorized by the Insurance Fund.
ARTICLE X. ENTRY INTO FORCE AND
WITHDRAWAL
(a) This Compact shall enter into force when enacted
into law by any five or more states. Thereafter, this Compact shall
become effective as to any other state upon its enactment thereof.
(b) Any party state may withdraw from this Compact by
enacting a statute repealing the same, but no such withdrawal shall take
effect until two years after the executive head of the withdrawing state
has given notice in writing of the withdrawal to the executive heads of
all other party states. No withdrawal shall affect any liability already
incurred by or chargeable to a party state prior to the time of such
withdrawal.
ARTICLE XI. CONSTRUCTION AND
SEVERABILITY
This Compact shall be liberally construed so as to
effectuate the purposes thereof. The provisions of this Compact shall be
severable and if any phrase, clause, sentence, or provision of this
Compact is declared to be contrary to the constitution of any state or
of the United States or the applicability thereof to any government,
agency, person, or circumstance is held invalid, the validity of the
remainder of this Compact and the applicability thereof to any
government, agency, person, or circumstance shall not be affected
thereby. If this Compact shall be held contrary to the constitution of
any state participating herein the Compact shall remain in full force
and effect as to the remaining party states and in full force and effect
as to the state affected as to all severable matters.
SECTION 2. This Act takes effect September 1, 2005.
