CHAPTER 79. INTERSTATE PEST CONTROL COMPACT
AGRICULTURE CODE
TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL
PRODUCTS
SUBTITLE B. HORTICULTURAL DISEASES AND PESTS
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.
Added by Acts 2005, 79th Leg., Ch.
188, Sec. 1, eff. September 1, 2005.
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.
Added by Acts 2005, 79th Leg., Ch.
188, Sec. 1, eff. September 1, 2005.
Sec. 79.003. COMPACT ADMINISTRATOR. The commissioner is the
compact administrator for this state.
Added by Acts 2005, 79th Leg., Ch.
188, Sec. 1, eff. September 1, 2005.
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.
Added by Acts 2005, 79th Leg., Ch.
188, Sec. 1, eff. September 1, 2005.
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.
Added by Acts 2005, 79th Leg., Ch.
188, Sec. 1, eff. September 1, 2005.
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.
Added by Acts 2005, 79th Leg., Ch.
188, Sec. 1, eff. September 1, 2005.
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 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 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) hereof, 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."
Added by Acts 2005, 79th Leg., Ch.
188, Sec. 1, eff. September 1, 2005.