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.