CHAPTER 74. COTTON DISEASES AND PESTS
AGRICULTURE CODE
TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL
PRODUCTS
SUBTITLE B. HORTICULTURAL DISEASES AND PESTS
CHAPTER 74. COTTON DISEASES AND PESTS
SUBCHAPTER A. COTTON PEST CONTROL
Sec. 74.001. PUBLIC NUISANCE. (a) The legislature finds that
cotton pests are a menace to the cotton industry, and that
control of those pests is a public necessity. Any portion of the
state that is susceptible to infestation by cotton pests must be
protected from this public nuisance and threat to the continued
stability of the cotton industry.
(b) The legislature finds that volunteer and other noncommercial
cotton is a public nuisance that threatens the cotton growers'
boll weevil eradication program by serving as a host for cotton
pests such as boll weevils and pink bollworms. To protect the
cotton industry of this state, volunteer and other noncommercial
cotton must be eliminated subject to the provisions of this
chapter.
Acts 1981, 67th Leg., p. 1173, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1987, 70th Leg., ch. 691, Sec. 1, eff.
Sept. 1, 1987; Acts 1995, 74th Leg., ch. 957, Sec. 1, eff. June
16, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
178, Sec. 1, eff. May 27, 2009.
Sec. 74.002. DEFINITIONS. In this subchapter:
(1) "Cotton" includes the cotton plant, cotton in the boll,
cotton stalk, and all cotton products, including seed cotton,
cottonseed, and cotton hulls, but not including cotton oil or
cotton meal.
(2) "Cotton pest" includes the boll weevil and the pink
bollworm.
(3) "Host plant" means a plant susceptible to infestation by the
boll weevil, pink bollworm, or any other cotton pest.
(4) "Boll weevil" means the insect Anthonomus grandis Boheman,
in any stage of development, including the egg, larval, pupal,
and adult stages.
(5) "Okra" includes okra stalks.
(6) "Pest management zone" means a geographical zone established
by the department under this chapter for purposes of cotton pest
control and prevention.
(7) "Pink bollworm" means the insect Pectinophora gossypiella,
Saunders, in any stage of development, including the egg, larval,
pupal, and adult stages.
Amended by Acts 1987, 70th Leg., ch. 691, Sec. 1, eff. Sept. 1,
1987; Acts 1995, 74th Leg., ch. 957, Sec. 2, eff. June 16, 1995.
Sec. 74.003. ESTABLISHMENT OF PEST MANAGEMENT ZONES. (a) Any
producer organization authorized under the laws of this state or
recognized under department rules and representing cotton
producers may petition the commissioner for certification to
establish a pest management zone. A pest management zone may
include all or part of one or more counties.
(b) Within 15 days following the day on which a petition for
certification is received, the commissioner shall determine
whether or not to grant certification.
(c) If the commissioner determines that, on the basis of
information submitted, the petitioning organization is
representative of cotton producers within the boundaries
described in the petition and that the petition conforms to the
purposes and provisions of this subchapter, the commissioner
shall certify that the organization is representative of the
producers of the commodity within the described area and is
authorized to establish a pest management zone.
(d) An administrative committee shall govern each pest
management zone. The committee consists of a representative of
the department and of cotton producers who represent the counties
in the zone and who are appointed by the commissioner. Each
county in the zone must be represented by a producer on the
committee. The committee shall:
(1) make recommendations to the department regarding control of
cotton pests in the zone, including recommendations on
regulations needed to control and prevent cotton pest
infestation;
(2) make recommendations on any legislative changes that are
needed; and
(3) give advice and counsel to the department regarding
effective enforcement of this subchapter within the zone.
Amended by Acts 1987, 70th Leg., ch. 691, Sec. 1, eff. Sept. 1,
1987; Acts 1995, 74th Leg., ch. 957, Sec. 3, eff. June 16, 1995.
Sec. 74.0031. COTTON STALK DESTRUCTION. (a) The department
shall submit the recommendations of each administrative committee
that governs a pest management zone under Section 74.003 to the
Texas Boll Weevil Eradication Foundation. On review of the
administrative committee recommendations, the foundation shall
submit to the department an estimate of the amount by which the
implementation of each recommendation would increase the cost of
administering the boll weevil eradication program.
(b) The Texas Boll Weevil Eradication Foundation shall:
(1) conduct a study of the effects of incomplete cotton stalk
destruction and volunteer cotton control on boll weevil
eradication activities; and
(2) submit annual recommendations to the department and the
board of the foundation for a cotton stalk destruction deadline
for each pest management zone.
(c) The Texas Boll Weevil Eradication Foundation may consult
with its technical advisory committee in fulfilling its duties
under Subsection (b).
(d) The department shall set a cotton stalk destruction deadline
for each pest management zone, with consideration given to the
recommendations of the foundation and the applicable
administrative committee submitted under Subsection (b).
Added by Acts 2009, 81st Leg., R.S., Ch.
178, Sec. 2, eff. May 27, 2009.
Sec. 74.0032. HOSTABLE COTTON FEE. (a) The department shall
establish and collect a hostable cotton fee for fields in which
hostable cotton stalks, hostable volunteer cotton, or other
hostable noncommercial cotton remains past the stalk destruction
deadline set for the applicable pest management zone under
Section 74.0031. A fee under this section shall be expressed in
terms of dollars per acre, per week in which the stalks,
volunteer cotton, or other noncommercial cotton remains in the
field. The department shall establish a procedure to notify a
cotton grower that a fee is due the department under this
section.
(b) If adverse weather conditions or other good cause exists,
the administrative committee that governs the applicable pest
management zone may request that the department grant an
extension of the cotton stalk destruction deadline for any
specified part of the pest management zone or for the entire pest
management zone. A request under this subsection must be made
not later than 10 business days before the applicable cotton
stalk destruction deadline. A field is not subject to a hostable
cotton fee if the department grants an extension of the deadline.
The Texas Boll Weevil Eradication Foundation shall submit to the
department an estimate of the amount by which an extension under
this subsection will increase the cost of administering the boll
weevil eradication program.
(c) If the applicable administrative committee does not request
an extension, or if the department denies a request for an
extension of the cotton stalk destruction deadline for a
specified part of a pest management zone, a cotton grower may
apply for an individual extension of the deadline. A request
under this subsection must be made not later than 10 business
days before the applicable pest management zone's stalk
destruction deadline.
(d) The Texas Boll Weevil Eradication Foundation shall submit to
the department an estimate of the amount by which any extension
of a stalk destruction deadline that is granted under Subsection
(c) will increase the cost of administering the boll weevil
eradication program.
(e) Any hostable cotton or hostable cotton stalks that remain in
a field after the cotton stalk destruction deadline or any
extension of the stalk destruction deadline has passed are
subject to the hostable cotton fee established under Subsection
(a). Any hostable cotton or hostable cotton stalks that remain
in a field for more than 30 days after the stalk destruction
deadline or any extension of the deadline are subject to 150
percent of the hostable cotton fee established under Subsection
(a).
(f) A hostable cotton fee shall be sent to the comptroller and
may be appropriated only for the purpose of treating hostable
cotton or for other expenses related to boll weevil eradication.
The department may contract with the Texas Boll Weevil
Eradication Foundation or its successor entity for the treatment,
control, or monitoring activities funded from the account.
(g) Unless the fee is paid on or before the 45th day after the
date the department gives notice to a cotton grower that a
hostable cotton fee is due, the department may destroy any cotton
or cotton stalks that remain in the field, as provided by Section
74.004.
(h) The department shall adopt rules to administer this section.
Added by Acts 2009, 81st Leg., R.S., Ch.
178, Sec. 2, eff. May 27, 2009.
Sec. 74.004. DESTRUCTION OF HOST PLANTS. (a) On petition of
the administrative committee of a pest management zone, the
department may establish regulated areas, dates, and appropriate
methods of destruction of stalks, other parts, and products of
host plants for cotton pests, including requirements for
destruction of foliage, fruiting structures, and root systems of
host plants after the harvest deadline.
(b) If on inspection of a field after the harvest deadline, the
department determines that host plants or any parts or products
of host plants have not been destroyed within the time specified
by regulation of the department, the department may declare the
field to be a public nuisance.
(c) On the declaration of a field as a public nuisance, the
department may take any action necessary to complete destruction
of host plants or host plant products or parts to prevent the
spread of cotton pests from the infested area and shall:
(1) immediately give written notice to any farm owner and to the
operator in charge of the field that the field is in violation of
this section, instructing the owner and operator to destroy host
plants or host plant products or parts within seven days after
the date written notice is issued;
(2) post for a period of three consecutive days a copy of the
notice on or in the immediate vicinity of the field in violation,
if either the owner or operator of the field cannot be located
after a reasonably diligent effort by the department; and
(3) have the host plants or host plant products or parts
destroyed, if no response is received by the department from
either the owner or operator within four days after the date of
posting of the notice at the field or if the department considers
a response inadequate.
(d) If adverse weather conditions or other good cause exists,
the commissioner may, on written request by a farm owner or
operator, grant an extension of the date of implementation of
appropriate host plant or host plant product or part destruction.
(e) If it becomes necessary for the department to contract with
someone to destroy host plants or host plant products or parts,
the farm owner or operator shall reimburse the department for
1-1/2 times the actual costs required for destruction.
(f) If neither the farm owner nor operator reimburses the
department as provided by Subsection (e) of this section within
30 days after the date of the completion of department action and
issuance by the department of a bill requesting payment, the
department may place a lien against the property on which a
violation of a department regulation under this section has
occurred.
(g) The department may perfect the lien by filing the lien, a
sworn statement of the indebtedness, and a description of the
property subject to the lien with the county clerk of the county
in which the property is located. The lien must be filed within a
30-day period following the expiration of the 30-day period
described in Subsection (f) of this section. Within 180 days
after the date of filing the lien, the department may file suit
in a court of competent jurisdiction for collection of the
account and foreclosure of the lien. Neither the department nor
any person to whom the account is assigned may be required to
post a cost bond in the suit. The court shall enter judgment for
the debt with interest and costs of suit and foreclosing the lien
on premises as the court determines necessary for the defraying
of expenses, court costs, and the fees owed.
(h) All reimbursements and additional costs collected under this
section shall be deposited in the State Treasury in a special
fund to be appropriated to the department to carry out this
subchapter.
(i) Reimbursement under Subsection (e) of this section does not
prevent the department from seeking criminal or civil sanctions
under this subchapter.
(j) In this section, "harvest deadline" means a deadline set by
the department for harvesting a certain crop or, in the absence
of a department deadline, the 31st day after the date by which
the crop is customarily harvested in the region, as determined by
the department.
Amended by Acts 1987, 70th Leg., ch. 691, Sec. 1, eff. Sept. 1,
1987; Acts 1989, 71st Leg., ch. 230, Sec. 71, eff. Sept. 1, 1989;
Acts 1993, 73rd Leg., ch. 847, Sec. 1, eff. Aug. 30, 1993; Acts
1995, 74th Leg., ch. 957, Sec. 4, eff. June 16, 1995.
Sec. 74.0041. REGULATION OF PLANTING DATES. On petition of the
administrative committee of a pest management zone, the
department may establish uniform planting dates for host plants.
Added by Acts 1993, 73rd Leg., ch. 847, Sec. 2, eff. Aug. 30,
1993.
Sec. 74.005. ENTRY POWER; INSPECTIONS. For the purpose of
enforcing this chapter, the department is entitled to:
(1) enter any field of host plants or any premises in which a
host plant or its product is stored or held;
(2) examine any product, container, or substance susceptible to
cotton pest infestation; and
(3) examine the records of a purchaser, handler, or common
carrier of host plant products.
Added by Acts 1987, 70th Leg., ch. 691, Sec. 1, eff. Sept. 1,
1987. Amended by Acts 1995, 74th Leg., ch. 957, Sec. 5, eff. June
16, 1995.
Sec. 74.006. RULES. The department may adopt rules as are
necessary for the efficient enforcement and administration of
this subchapter.
Amended by Acts 1987, 70th Leg., ch. 691, Sec. 1, eff. Sept. 1,
1987.
Sec. 74.007. OFFENSES; PENALTY. (a) A person commits an
offense if the person:
(1) violates a proclamation or a rule or restriction adopted
under this subchapter;
(2) brings into this state any equipment or material
contaminated with cotton pests; or
(3) fails to comply with a rule adopted for the control and
direction of host plant growing.
(b) An offense under this section is a Class B misdemeanor.
Amended by Acts 1987, 70th Leg., ch. 691, Sec. 1, eff. Sept. 1,
1987; Acts 1989, 71st Leg., ch. 230, Sec. 72, eff. Sept. 1, 1989;
Acts 1995, 74th Leg., ch. 957, Sec. 6, eff. June 16, 1995.
Sec. 74.008. CIVIL PENALTY; INJUNCTION. (a) A person who
violates this subchapter or a rule adopted under this subchapter
is liable to the state for a civil penalty of not less than $250
nor more than $10,000 for each violation. Each day a violation
continues may be considered a separate violation for purposes of
a civil penalty assessment.
(b) On request of the department, the attorney general or the
county attorney or district attorney of the county in which the
violation is alleged to have occurred shall file suit to collect
the penalty.
(c) A civil penalty collected under this section shall be
deposited in the state treasury to the credit of the General
Revenue Fund. All civil penalties recovered in suits first
instituted by a local government or governments under this
section shall be equally divided between the State of Texas and
the local government or governments with 50 percent of the
recovery to be paid to the General Revenue Fund and the other 50
percent equally to the local government or governments first
instituting the suit.
(d) The department is entitled to appropriate injunctive relief
to prevent or abate a violation of this subchapter or a rule
adopted under this subchapter. On request of the department, the
attorney general or the county or district attorney of the county
in which the alleged violation is threatened or is occurring
shall file suit for the injunctive relief. Venue is in the county
in which the alleged violation is threatened or is occurring.
Added by Acts 1989, 71st Leg., ch. 230, Sec. 73, eff. Sept. 1,
1989.
Sec. 74.009. COTTON PEST CONTROL AND ERADICATION POLICY. The
state shall employ all constitutional methods to control and
eradicate cotton pests that scientific research demonstrates to
be successful, including:
(1) inspection of host plants in the field or host plant
products where stored;
(2) quarantine and fumigation of equipment, host plants, and
host plant products found to be contaminated;
(3) supervision of the growing of host plants in areas known to
be contaminated;
(4) destruction of infested fields of host plants or of infested
host plant products;
(5) prevention of planting of host plants in areas where
infestation has been found; and
(6) prevention of movement of equipment contaminated or
reasonably suspected to be contaminated with cotton pests.
Acts 1981, 67th Leg., p. 1175, ch. 388, Sec. 1, eff. Sept. 1,
1981. Renumbered from Sec. 74.052 and amended by Acts 1995, 74th
Leg., ch. 957, Sec. 7, eff. June 16, 1995.
Sec. 74.010. REGULATION OF COTTON PESTS; QUARANTINES. (a) If,
under prior law, the department proclaimed a quarantine against
infested territory, no person may import into Texas from the
quarantined territory a substance susceptible to cotton pest
infestation.
(b) The department shall maintain a rigid inspection of
substances susceptible to cotton pest contamination that are
being carried from quarantined territory into, through, or within
this state.
Acts 1981, 67th Leg., p. 1175, ch. 388, Sec. 1, eff. Sept. 1,
1981. Amended by Acts 1993, 73rd Leg., ch. 847, Sec. 3, eff. Aug.
30, 1993. Renumbered from Sec. 74.054 and amended by Acts 1995,
74th Leg., ch. 957, Sec. 7, eff. June 16, 1995.
Sec. 74.011. REGULATION OF GINNING. A ginner may not gin cotton
from a regulated zone under this subchapter unless the ginner
disinfects the seed in accordance with rules of the department.
Acts 1981, 67th Leg., p. 1175, ch. 388, Sec. 1, eff. Sept. 1,
1981. Renumbered from Sec. 74.055 by Acts 1995, 74th Leg., ch.
957, Sec. 7, eff. June 16, 1995.
Sec. 74.012. INSPECTORS. The department may employ and
prescribe the qualifications and duties of inspectors and other
employees necessary to the administration of this subchapter.
Acts 1981, 67th Leg., p. 1176, ch. 388, Sec. 1, eff. Sept. 1,
1981. Renumbered from Sec. 74.059 and amended by Acts 1995, 74th
Leg., ch. 957, Sec. 7, eff. June 16, 1995.
Sec. 74.013. COOPERATION WITH FEDERAL PROGRAMS. The department
shall cooperate with the United States Department of Agriculture
in any measure authorized by, and undertaken in accordance with,
federal law for preventing the introduction or establishment of
cotton pests in this state.
Acts 1981, 67th Leg., p. 1176, ch. 388, Sec. 1, eff. Sept. 1,
1981. Renumbered from Sec. 74.060 and amended by Acts 1995, 74th
Leg., ch. 957, Sec. 7, eff. June 16, 1995.
SUBCHAPTER D. OFFICIAL COTTON GROWERS' BOLL WEEVIL ERADICATION
FOUNDATION
Sec. 74.101. FINDINGS AND DECLARATION OF POLICY. (a) It is
hereby found and declared that:
(1) the insects Anthonomus grandis Boheman, known as the boll
weevil, and Pectinophora gossypiella, known as the pink bollworm,
are public nuisances and a menace to the cotton industry, and
their eradication is a public necessity;
(2) because of the differences in soil conditions, growing
seasons, farming techniques, and climate conditions among several
areas in the state where cotton is grown, the eradication and
suppression of the nuisance can best be accomplished by dividing
the cotton-growing areas into separate zones so that integrated
pest management programs may be developed for each zone;
(3) there is a need for a quasi-governmental entity acting under
the supervision and control of the commissioner whose members are
actual cotton growers who would be represented on the board of
the entity by directors elected by them to manage eradication and
suppression programs and to furnish expertise in the field of
insect control and eradication, because such an entity would
enhance the interest and participation of cotton growers in the
program;
(4) because of the progress made in eradication, investments
made by cotton growers in certain areas, the potential injustice
to certain cotton growers who have made such investments, and the
stage of development of the cotton crops in the statutory
eradication zones, an urgent public necessity exists to validate
and ratify the assessments, agreements, and obligations of the
Texas Boll Weevil Eradication Foundation, Inc., made or incurred
by the foundation and related to certain statutory zones;
(5) cotton growers, in partnership with the state and federal
governments, have made significant investments toward the
eradication of these pests in this state;
(6) it is essential to the well-being of the cotton industry and
the agricultural economy of this state that the investments of
the cotton growers and the state and federal governments be
protected; and
(7) the establishment of a maintenance program to be carried out
by the foundation under the supervision of the department is
required to protect the investments in eradication.
(b) It is the intent of the legislature that the program of
eradication and suppression be carried out with the best
available integrated pest management techniques.
(c) The department may recover costs for administration of this
subchapter.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 227, Sec. 1, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.01, eff. May 30,
1997.
Amended by:
Acts 2005, 79th Leg., Ch.
119, Sec. 1, eff. September 1, 2005.
Sec. 74.1011. DESIGNATION OF ENTITY TO CARRY OUT BOLL WEEVIL
ERADICATION. (a) The Texas Boll Weevil Eradication Foundation,
Inc., a Texas nonprofit corporation chartered by the secretary of
state on September 14, 1993, shall be recognized by the
department as the entity to plan, carry out, and operate
eradication and diapause programs to eliminate the boll weevil
and the pink bollworm from cotton in the state under the
supervision of the department as provided by this subchapter.
(b) The commissioner may terminate the foundation's designation
as the entity recognized to carry out boll weevil eradication by
giving 45 days' written notice to the foundation and by
designating a successor entity. If the commissioner designates a
successor to the foundation, the successor has all the powers and
duties of the foundation under this subchapter. Any successor to
the foundation shall assume and shall be responsible for all
obligations and liabilities relating to any notes, security
agreements, assignments, loan agreements, and any other contracts
or other documents entered into by the foundation with or for the
benefit of any financial institution or its predecessor,
successor, or assignee.
Added by Acts 1997, 75th Leg., ch. 463, Sec. 1.02, eff. May 30,
1997.
Sec. 74.102. DEFINITIONS. In this subchapter:
(1) "Board" means the board of directors of the Texas Boll
Weevil Eradication Foundation, Inc.
(2) "Boll weevil" has the meaning assigned by Section 74.002.
(3) "Commissioner" means commissioner of agriculture.
(4) "Cotton" means:
(A) a cotton plant;
(B) a part of a cotton plant, including bolls, stalks, flowers,
roots, and leaves; or
(C) cotton products, including seed cotton, cottonseed, and
hulls.
(5) "Cotton grower" means a person who grows cotton intended to
be commercial cotton. The term includes an individual who as
owner, landlord, tenant, or sharecropper is entitled to share in
the cotton grown and available for marketing from a farm or to
share in the proceeds from the sale of the cotton from the farm
or from an indemnity or other payment received from or related to
the planting, growing, or failure of the cotton.
(6) "Eradication" means elimination of boll weevils or pink
bollworms to the extent that the commissioner does not consider
further elimination of boll weevils or pink bollworms necessary
to prevent economic loss to cotton growers. Eradication includes
diapause activities.
(7) "Eradication zone" means a geographic area:
(A) established under Section 74.1021; or
(B) designated by the commissioner in accordance with Section
74.105 in which cotton growers by referendum approve their
participation in a boll weevil or pink bollworm eradication
program.
(8) "Foundation" means the Texas Boll Weevil Eradication
Foundation, Inc., a Texas nonprofit corporation.
(9) "Host" means a plant or plant product in which the boll
weevil or pink bollworm is capable of completing any portion of
its life cycle.
(10) "Infested" means the presence of the boll weevil or pink
bollworm in any life stage or the existence of generally accepted
entomological evidence from which it may be concluded with
reasonable certainty that the boll weevil or pink bollworm is
present.
(11) "Integrated pest management" is the coordinated use of pest
and environmental information with available pest control
methods, including pesticides, natural predator controls,
cultural farming practices, and climatic conditions, to prevent
unacceptable levels of pest damage by the most economical means
and with the least possible hazard to people, property, and the
environment.
(12) "Pink bollworm" has the meaning assigned by Section 74.002.
(13) "Regulated article" means an article carrying or capable of
carrying the boll weevil or pink bollworm, including cotton
plants, seed cotton, gin trash, other hosts, or mechanical cotton
harvesters.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 227, Sec. 2, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.03, eff. May 30,
1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
178, Sec. 3, eff. May 27, 2009.
Sec. 74.1021. STATUTORY ZONES. (a) The Northern High Plains
Eradication Zone consists of Armstrong, Bailey, Briscoe, Castro,
Deaf Smith, Floyd, Hale, Lamb, Parmer, Randall, and Swisher
counties, and other areas as proposed by the commissioner by rule
for inclusion in the zone and approved by referendum in the area
to be added.
(b) The Rolling Plains Central Eradication Zone consists of
Baylor, Callahan, Comanche, Eastland, Erath, Fisher, Haskell,
Jones, Knox, Mitchell, Nolan, Palo Pinto, Scurry, Shackelford,
Stephens, Stonewall, Throckmorton, and Young counties; all land
in Archer County south of a line following Farm-to-Market Road
422 commencing at the Baylor County line running east to the
intersection of Farm-to-Market Road 210, continuing east to the
intersection of State Highway 25, and continuing east to the Clay
County line; all land in Borden County east of a line seven miles
west of the Scurry County line running south from the Garza
County line to the Howard County line; and all land in Taylor
County east of U.S. Highway 83 from a point commencing at the
intersection of U.S. Highway 83 and the south Taylor County line,
north to the town of Bradshaw; thence north of Farm-to-Market
Road 1086, as the farm-to-market road proceeds west and north to
the intersection of the Farm-to-Market Road 1086 and U.S. Highway
277, being all land lying north of the farm-to-market road and
west of U.S. Highway 277 from the intersection of Farm-to-Market
Road 1086 and U.S. Highway 277 to the point where U.S. Highway
277 intersects the south boundary line of Taylor County; all land
in Brown County east of a line following State Highway 279 to
Brownwood and continuing along U.S. Highway 377 south to the
McCulloch County line; and other areas as proposed by the
commissioner by rule for inclusion in the zone and approved by
referendum in the area to be added.
(c) The St. Lawrence Eradication Zone consists of that area of
Midland County south of a line 15 miles south of Interstate 20
running from the Ector County line east to the Glasscock County
line; Glasscock, Reagan, and Upton counties; and other areas as
proposed by the commissioner by rule for inclusion in the zone
and approved by referendum in the area to be added.
(d) The South Texas Winter Garden Eradication Zone consists of
Aransas, Atascosa, Austin, Bee, Bexar, Brazoria, Calhoun,
Colorado, DeWitt, Dimmit, Duval, Fort Bend, Frio, Goliad,
Jackson, Jim Wells, Karnes, Kinney, Kleberg, La Salle, Lavaca,
Live Oak, Matagorda, McMullen, Medina, Nueces, Refugio, San
Patricio, Uvalde, Victoria, Wharton, Wilson, and Zavala counties,
and other areas as proposed by the commissioner by rule for
inclusion in the zone and approved by referendum in the area to
be added. Austin, Brazoria, Colorado, Fort Bend, Jackson,
Matagorda, and Wharton counties are included in the South Texas
Winter Garden Eradication Zone only for purposes of the repayment
of debt existing on April 30, 1997, and those counties may not be
included in the zone for any other purpose unless the
commissioner by rule proposes that an area be included in the
zone and the proposal is approved by referendum in the area to be
added. The commissioner may apportion any debt existing on April
30, 1997, and designate the appropriate assessment.
(e) The Southern High Plains-Caprock Eradication Zone consists
of Andrews, Cochran, Crosby, Dawson, Dickens, Ector, Gaines,
Garza, Hockley, Howard, Kent, Lubbock, Lynn, Martin, Motley,
Terry, and Yoakum counties; all land in Borden County lying west
of a line seven miles west of the Scurry County line running
south from the Garza County line to the Howard County line; that
area of Midland County north of a line 15 miles south of
Interstate 20 running from the Ector County line east to the
Glasscock County line; and other areas as proposed by the
commissioner by rule for inclusion in the zone and approved by
referendum in the area to be added.
(f) The Southern Rolling Plains Eradication Zone consists of
Coke, Coleman, Concho, Irion, McCulloch, Runnels, Schleicher, and
Tom Green counties, all land in Taylor County lying west of U.S.
Highway 83 from a point commencing at the intersection of U.S.
Highway 83 and the south Taylor County line, north of the town of
Bradshaw; thence all the land lying south of Farm-to-Market Road
1086, as the farm-to-market road proceeds west and north to its
intersection with U.S. Highway 277, being all land lying south of
the farm-to-market road and east of U.S. Highway 277 from the
intersection of Farm-to-Market Road 1086 and U.S. Highway 277 to
the point where U.S. Highway 277 intersects the south boundary
line of Taylor County, and other areas as proposed by the
commissioner by rule for inclusion in the zone and approved by
referendum in the area to be added.
Added by Acts 1997, 75th Leg., ch. 463, Sec. 1.04, eff. May 30,
1997.
Sec. 74.1041. ADVISORY COMMITTEES. (a) The commissioner may
appoint an advisory committee for an existing 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
committee shall gather advice, input, and guidance from cotton
growers from the area represented by the committee concerning the
interest in and concerns about the implementation of this
subchapter.
(b) Each advisory committee may consider and make
recommendations to the commissioner and the foundation
concerning:
(1) the geographic boundaries for a proposed eradication zone;
(2) the amount of local interest in operating an eradication
program;
(3) the basis and amount of an assessment necessary to support
an eradication program;
(4) the need to restructure any pre-existing debt from prior
eradication activities;
(5) ongoing implementation of an eradication program approved by
growers in an eradication zone; and
(6) any other matter requested by the commissioner or the
foundation.
(c) Each advisory committee appointed under this section shall
include 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 and other persons
as determined by the commissioner.
(d) Advisory committees appointed under this section are immune
from lawsuits and liability to the same extent the foundation is
immune from lawsuits and liability under Section 74.129.
(e) An advisory committee established under this section is
subject to the requirements of Chapters 551 and 552, Government
Code.
Added by Acts 1997, 75th Leg., ch. 463, Sec. 1.05, eff. May 30,
1997. Amended by Acts 2001, 77th Leg., ch. 168, Sec. 1, eff. May
18, 2001.
Sec. 74.1042. CREATION OF NONSTATUTORY ERADICATION ZONES. (a)
The commissioner may by rule designate an area of the state as a
proposed eradication zone as long as the area is not within a
statutory zone under Section 74.1021 that has approved an
eradication program by referendum.
(b) The commissioner may hold a public hearing within the
proposed eradication zone to discuss the proposed geographic
boundaries of the zone. The public hearing may include any other
topics allowed under this subchapter.
(c) After the adoption of a rule under Subsection (a), the
commissioner shall conduct a referendum under Section 74.105.
Added by Acts 1997, 75th Leg., ch. 463, Sec. 1.05, eff. May 30,
1997.
Sec. 74.105. ERADICATION ZONE REFERENDA. (a) The commissioner
shall conduct a referendum in each proposed eradication zone to
determine whether cotton growers desire to establish an
eradication zone.
(b) Eradication zone referenda shall be conducted under the
procedures provided by Section 74.114 of this code.
(c) A proposed eradication zone referendum ballot must include
or be accompanied by information about the proposed eradication
zone, including:
(1) a statement of the purpose of the boll weevil or pink
bollworm eradication program;
(2) the geographic area included in the proposed eradication
zone;
(3) a general summary of rules adopted by the commissioner under
Sections 74.114, 74.118, and 74.120 of this code, including a
description of:
(A) cotton grower responsibilities; and
(B) penalties for noncompliance with rules adopted under this
subchapter; and
(4) an address and toll-free telephone number that a cotton
grower may use to request more information about the referendum
or the boll weevil or pink bollworm eradication program.
(d) If a referendum to establish an eradication zone fails, the
concurrent election of a board member from the proposed
eradication zone under Section 74.106 has no effect, and the
commissioner shall appoint a representative to the board from the
area.
(e) The foundation may request the commissioner to call
additional referenda in a proposed eradication zone in which a
referendum has failed. An additional eradication zone referendum
and concurrent board election may be held no earlier than one
year after the date of the last referendum.
(f) After the passage of any referendum, the eligible voters
shall be allowed, by subsequent referenda, to vote on whether to
continue their assessments. All of the requirements for an
initial referendum must be met in subsequent referenda.
Amended by Acts 1995, 74th Leg., ch. 227, Sec. 3, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.06, 2.01, eff. May
30, 1997.
Sec. 74.106. BOARD ELECTIONS. (a) The initial election for
board members from a proposed eradication zone shall be held
concurrently with an eradication zone referendum held under
Section 74.105. Each eradication zone shall be represented on the
board and shall remain represented on the board until eradication
operations are concluded and all debt of the eradication zone is
paid.
(b) A board election shall be conducted under the procedures
provided by this section and Section 74.114 of this code.
(c) A cotton grower who is eligible to vote in a referendum or
election under this subchapter is eligible to be a candidate for
and member of the board if the person has at least seven years of
experience as a cotton grower and otherwise meets the
qualifications for the position.
(d) A cotton grower who wants to be a candidate for the board
must meet the qualifications for board membership and file an
application with the commissioner. The application must be:
(1) filed not later than the 30th day before the date set for
the board election;
(2) on a form approved by the commissioner; and
(3) signed by at least 10 cotton growers who are eligible to
vote in the board election.
(e) On receipt of an application and verification that the
application meets the requirements of Subsection (d) of this
section, an applicant's name shall be placed on the ballot for
the board election.
(f) An eligible voter may vote for a cotton grower whose name
does not appear on the official ballot by writing that person's
name on the ballot.
(g) A board election must be preceded by at least 45 days notice
published in one or more newspapers published and distributed in
the proposed or established eradication zone. The notice shall be
published not less than once a week for three consecutive weeks.
Not later than the 45th day before the date of the election,
direct written notice of the election shall be given to each
county agent in the eradication zone.
(h) Each board member shall be sworn into office by a
representative of the commissioner by taking the oath of office
required for elected officers of the state.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.
Amended by Acts 1997, 75th Leg., ch. 463, Sec. 1.07, 2.02, eff.
May 30, 1997.
Sec. 74.107. COMPOSITION OF BOARD. (a) The board shall be
composed of members elected from each statutory eradication zone
established and validated by referendum, members elected from
each nonstatutory eradication zone established by referendum,
members appointed by the commissioner from other cotton-growing
areas of the state, and members appointed by the commissioner
under Subsection (b). The commissioner shall appoint an initial
board composed of 15 members. Except as provided by Subsection
(b), the term of each board position may not exceed four years.
(b) In making appointments under this section, the commissioner
shall appoint the following board members, selected from a
variety of cotton-growing regions of the state, for four-year
terms:
(1) an agricultural lender;
(2) an independent entomologist who is an integrated pest
management specialist;
(3) two representatives from industries allied with cotton
production; and
(4) a representative from the pest control industry.
(c) The commissioner may change the number of board positions or
the eradication zone representation on the board to accommodate
changes in the number of eradication zones. A change under this
subsection may not contravene another provision of this
subchapter.
(d) A vacancy on the board shall be filled by appointment by the
commissioner for the unexpired term.
(e) On 30 days' notice and opportunity for hearing, the
commissioner may replace any unelected board member of the
foundation.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 227, Sec. 4, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.08, eff. May 30,
1997.
Sec. 74.108. POWERS OF BOARD AND COMMISSIONER. (a) The board
may:
(1) conduct programs consistent with the declaration of policy
stated in Section 74.101;
(2) accept, as necessary to implement this chapter, gifts and
grants;
(3) borrow money, with the approval of the commissioner, as
necessary to execute this chapter;
(4) take other action and exercise other authority as necessary
to execute any act authorized by this subchapter or the Texas
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
Texas Civil Statutes); and
(5) form an advisory committee composed of individuals from this
state, other states, or other countries and change membership on
the committee, as necessary. Any advisory committee created under
this subdivision for the purpose of establishing treatment
methods shall include among its members persons with knowledge of
the effects of different treatments on the health of agricultural
workers, the local population, and the ecosystem, including but
not limited to the effects of a particular method of treatment on
beneficial organisms and wildlife, the potential for secondary
infestations from nontarget pests, and the potential for pest
resistance to particular methods of treatment.
(b) On petition of 30 percent of the cotton growers eligible to
vote within the proposed area, the commissioner may, or at the
commissioner's discretion, the commissioner may, by rule add an
area to an eradication zone or transfer an area or county from
one statutory zone to another zone if:
(1) cotton production has begun or could begin in the area;
(2) the area is adjacent to an eradication zone or is in an area
with biological characteristics similar to the eradication zone;
and
(3) the addition is approved in a referendum held in the area.
(c) The board must adopt a procurement policy, subject to
approval by the commissioner, outlining the procedures to be used
in purchasing.
(d) The commissioner at any time may inspect the books and other
financial records of the foundation.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 227, Sec. 5, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.09, eff. May 30,
1997; Acts 1999, 76th Leg., ch. 286, Sec. 1, eff. May 29, 1999.
Sec. 74.109. BOARD DUTIES. (a) The board shall have an annual
independent audit of the books, records of account, and minutes
of proceedings maintained by the foundation prepared by an
independent certified public accountant or a firm of independent
certified public accountants. The audit shall include information
for each zone in which an eradication program has been conducted
under this subchapter. The audit shall be filed with the board,
the commissioner, and the state auditor and shall be made
available to the public by the foundation or the commissioner.
The state auditor may examine any work papers from the
independent audit or may audit the transactions of the foundation
if the state auditor determines that an audit is necessary.
(b) Not later than the 45th day after the last day of the fiscal
year, the board shall submit to the commissioner a report
itemizing all income and expenditures and describing all
activities of the foundation during the fiscal year.
(c) The foundation shall provide fidelity bonds in amounts
determined by the board for employees or agents who handle funds
for the foundation.
(d) The foundation and the board are state agencies for the
following purposes only:
(1) exemption from taxation including exemption from sales and
use taxes, vehicle registration fees, and taxes under Chapter
152, Tax Code; and
(2) indemnification under Chapter 104, Civil Practice and
Remedies Code.
(e) Funds collected by the foundation are not state funds and
are not required to be deposited in the state treasury. The
foundation shall deposit all money collected under this
subchapter in a bank or other depository approved by the
commissioner.
(f) The foundation is a governmental unit under Section 101.001,
Civil Practice and Remedies Code, and is entitled to governmental
immunity. A tort claim against the foundation must be made under
Chapter 101, Civil Practice and Remedies Code.
(g) The board shall collect data on the type and quantity of
pesticides used in accordance with this subchapter. The data
shall be filed with the commissioner.
(h) All revenue collected under this subchapter shall be used
solely to finance programs approved by the commissioner as
consistent with this subchapter.
(i) The foundation is subject to the requirements of:
(1) the open meetings law, Chapter 551, Government Code; and
(2) the open records law, Chapter 552, Government Code.
(j) A board member may not vote on any matter in which the
member has a direct pecuniary interest. A board member is subject
to the same restrictions as a local public official under Chapter
171, Local Government Code.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 227, Sec. 6, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.10, 2.03, eff. May
30, 1997.
Sec. 74.1095. ADMINISTRATIVE REVIEW. (a) The commissioner by
rule shall establish procedures for the informal review and
resolution of a claim arising out of certain acts taken by the
foundation under this subchapter. Rules established under this
section shall include a designation of the acts that are subject
to review under this subsection and the appropriate remedial
action, as authorized by this subchapter.
(b) A person dissatisfied with the department's informal
resolution of a claim under procedures adopted under Subsection
(a) may appeal the department's decision to the commissioner.
(c) A decision issued by the commissioner on a claim appealed
under Subsection (b) is the final administrative action of the
department and is subject to judicial review under Chapter 2001,
Government Code.
(d) This section does not constitute a waiver of the state's
immunity from liability.
Added by Acts 1997, 75th Leg., ch. 463, Sec. 1.11, eff. May 30,
1997.
Sec. 74.110. LIABILITY OF FOUNDATION MEMBERS, OFFICERS, AND
EMPLOYEES. (a) Except for instances of gross negligence,
individual criminal actions, or acts of dishonesty, the
foundation's members, directors, officers, and employees are not
individually liable to a cotton grower or other person for:
(1) errors in judgment;
(2) mistakes; or
(3) other acts or omissions.
(b) A foundation member, officer, or employee is not
individually liable for an act or omission of another foundation
member, officer, or employee.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 227, Sec. 7, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.12, eff. May 30,
1997.
Sec. 74.1101. LIABILITY OF APPLICATORS. (a) In this section,
"applicator" means an individual or other person that is not a
member, director, officer, or employee of the foundation and that
contracts with the foundation to apply pesticides or other
chemicals using aircraft or other equipment to further or support
the eradication or diapause efforts undertaken under this
subchapter.
(b) An applicator is not jointly and severally liable for any
act or omission of the foundation under this subchapter.
(c) The foundation shall have liability coverage in effect for
any eradication or diapause efforts for which it uses
applicators. The coverage shall apply to acts and omissions of
the foundation and volunteers and be in the amount of at least
$500,000 for each single occurrence of death, bodily injury, or
property damage.
Added by Acts 1997, 75th Leg., ch. 463, Sec. 1.13, eff. May 30,
1997. Amended by Acts 1999, 76th Leg., ch. 286, Sec. 2, eff. May
29, 1999.
Sec. 74.1102. CONTRACTING. (a) For a purchase of goods and
services under this chapter, the foundation may purchase goods
and services that provide the best value for the foundation.
(b) In determining the best value for the foundation, the
purchase price and whether the goods or services meet
specifications are the most important considerations. However,
the foundation may consider other relevant factors, including:
(1) the quality and reliability of the goods and services;
(2) the delivery terms;
(3) indicators of probable vendor performance under the
contract, including:
(A) past vendor performance;
(B) the vendor's financial resources and ability to perform;
(C) the vendor's experience or demonstrated capability and
responsibility; and
(D) the vendor's ability to provide reliable maintenance
agreements and support;
(4) the cost of any employee training associated with a
purchase; and
(5) other factors relevant to determining the best value for the
foundation in the context of a particular purchase.
Added by Acts 1999, 76th Leg., ch. 286, Sec. 3, eff. May 29,
1999.
Sec. 74.111. BOARD MEMBER COMPENSATION. Board members serve
without compensation but are entitled to reimbursement for
reasonable and necessary expenses incurred in the discharge of
their duties.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.
Amended by Acts 1997, 75th Leg., ch. 463, Sec. 2.04, eff. May 30,
1997.
Sec. 74.112. DISCONTINUATION OF PROGRAM AND FOUNDATION AND
DISPOSITION OF FUNDS ON DISCONTINUANCE. (a) On the
determination by the foundation that the boll weevil eradication
program has been completed in all eradication zones established
under this subchapter for boll weevil control and the pink
bollworm eradication program has been completed in any
eradication zone established under this chapter for pink bollworm
control, the foundation shall provide notice of such completion
to the commissioner along with a request for discontinuance of
the eradication program and collection of the assessment. Any
such request shall include documentation supporting the
eradication of the boll weevil in all eradication zones
established for boll weevil eradication or pink bollworm in any
eradication zone established for pink bollworm eradication and a
plan for discontinuance of the program and assessment.
(b) The commissioner shall determine whether or not the further
elimination of the boll weevil or pink bollworm is necessary in
the eradication zones and approve or disapprove discontinuance of
the foundation and the plan for dissolution.
(c) On completion of dissolution, the foundation shall file a
final report with the commissioner, including a financial report,
and submit all remaining funds into the trust of the
commissioner. Final books of the foundation shall be filed with
the commissioner and are subject to audit by the department.
(d) The commissioner shall pay from the foundation's remaining
funds all of the foundation's outstanding obligations.
(e) Funds remaining after payment under Subsection (d) of this
section shall be returned to contributing cotton growers on a pro
rata basis.
(f) If 30 percent or more of the cotton growers eligible to vote
within a zone participating in the program present to the
commissioner a petition calling for a referendum of the qualified
voters on the proposition of discontinuing the program, the
commissioner shall conduct a referendum for that purpose.
(g) The commissioner shall give notice of the referendum, the
referendum shall be conducted, and the results shall be declared
in the manner provided by law for the original referendum and
election, with any necessary exceptions provided by rule of the
commissioner.
(h) The commissioner shall conduct the referendum within 90 days
of the date of filing of the petition, except that no such
referendum may be held within two years of any other referendum
in the eradication zone pertaining to establishing or
discontinuing the eradication zone.
(i) Approval of the proposition is by the same vote as required
in a referendum under Section 74.114(g). If the proposition is
approved, the eradication program is abolished and the
eradication zone ceases to exist on payment of all debts of the
eradication zone.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 227, Sec. 8, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.14, 2.05, eff. May
30, 1997.
Sec. 74.113. ASSESSMENT REFERENDA. (a) The commissioner shall
propose the assessment needed in each eradication zone to ensure
the stability of the cotton industry by eradicating the public
nuisance caused by the boll weevil and the pink bollworm.
(b) The commissioner shall propose in a referendum the:
(1) maximum assessment to be paid by cotton growers having
production in the eradication zone; and
(2) time for which the assessment will be made.
(c) With the commissioner's approval, the foundation may make an
assessment in an eradication zone at a level less than the
assessment approved by the referendum.
(d) The commissioner shall conduct an assessment referendum
under the procedures provided by Section 74.114.
(e) If an assessment referendum is approved, the foundation may
collect the assessment.
(f) An assessment levied on cotton growers in an eradication
zone may be applied only to:
(1) eradication;
(2) the foundation's operating costs, including payments on debt
incurred for a foundation activity; and
(3) the conducting of other programs consistent with the
declaration of policy stated in Section 74.101.
(g) The assessment shall be adequate and necessary to achieve
the goals of this subchapter. The amount of the assessment shall
be determined by criteria established by the commissioner,
including:
(1) the extent of infestation;
(2) the amount of acreage planted;
(3) historical efforts to eradicate;
(4) the growing season;
(5) epidemiology;
(6) historical weather conditions; and
(7) the costs and financing of the program.
(h) The commissioner shall give notice of and hold a public
hearing within the eradication zone regarding the proposed
assessment referendum. Before the referendum, the commissioner
shall review and approve:
(1) the amount of the assessment;
(2) the basis for the assessment;
(3) the time for payment of the assessment;
(4) the method of allocation of the assessment among cotton
growers;
(5) the restructuring and repayment schedule for any
pre-existing debt; and
(6) the amount of debt to be incurred in the eradication zone.
(i) The commissioner shall on a zone-by-zone basis set the date
on which assessments are due and payable.
(j) Each year, the commissioner shall review and approve the
foundation's operating budget.
(k) The foundation shall prepare and mail billing statements to
each cotton grower subject to the assessment that state the
amount due and the due date. The assessments shall be remitted to
the foundation.
(l) With the approval of the board and the commissioner, the
foundation may transfer the proceeds from the collection of
assessments in one eradication zone to another eradication zone.
The board shall consult with affected cotton grower steering
committees before recommending that the commissioner approve the
transfer of proceeds under this subsection. The transferred
proceeds may be applied only as provided by Subsection (f).
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 227, Sec. 9, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.15, eff. May 30,
1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
178, Sec. 4, eff. May 27, 2009.
Sec. 74.1135. ALTERNATIVE METHOD OF ASSESSMENTS. (a) The
commissioner may adopt rules that provide for an alternative
method, manner, and mechanism by which assessments are imposed
and collected under this subchapter. The commissioner may adopt
the rules only after receiving a recommendation from the board.
The board shall consult with cotton grower steering committees
and the technical advisory committee in formulating a
recommendation to the commissioner under this subsection. The
commissioner may accept, reject, or modify a board
recommendation. The rules apply notwithstanding Section 74.113.
The rules must require any person collecting an assessment to
forward the assessment to the foundation.
(b) The maximum amount of an assessment under this section may
not exceed the maximum amount of an assessment approved in an
assessment referendum under this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
178, Sec. 5, eff. May 27, 2009.
Sec. 74.114. CONDUCT OF BOARD ELECTIONS AND REFERENDA;
BALLOTING. (a) The commissioner shall conduct a referendum or
board election authorized under this subchapter. At the end of
each four-year period in which an eradication program has been
operational in a zone, the commissioner shall hold a referendum
in the zone on the continuation of the eradication program. The
referendum shall be held at the same time as the election of a
board member from the zone. Approval of the referendum on
continuation is by a majority of those voting in the referendum.
(a-1) Notwithstanding Subsection (a), the commissioner may
conduct only one referendum on continuation in each zone on or
after September 1, 2005. The commissioner shall include on the
ballot adequate notice of:
(1) the fact that a referendum on continuation is the final
referendum on continuation for the zone in which it is held; and
(2) the existence of the petition provision in Section
74.112(f).
(b) The foundation shall bear all expenses incurred in
conducting a referendum or board election.
(c) The commissioner shall adopt rules for voting in board
elections and referenda to establish or continue eradication
zones. Rules adopted under this subsection must include
provisions for determining:
(1) who is a cotton grower eligible to vote in an election or
referendum;
(2) whether a board member is elected by a plurality or a
majority of the votes cast; and
(3) the area from which each board member is elected.
(d) A cotton grower having cotton production in a proposed or
established eradication zone is entitled to:
(1) vote in a referendum concerning the eradication zone; and
(2) elect board members to represent the eradication zone.
(e) An eligible cotton grower may vote only once in a referendum
or board election.
(f) Ballots in a referendum or board election shall be mailed
directly to a central location, to be determined by the
commissioner. A cotton grower eligible to vote in a referendum
or board election who has not received a ballot from the
commissioner, foundation, or another source shall be offered the
option of requesting a ballot by mail or obtaining a ballot at
the office of the county agent of the Texas Agricultural
Extension Service or a government office distributing ballots in
a county in the proposed or established zone in which the
referendum or board election is conducted.
(g) A referendum is approved if:
(1) at least two-thirds of those voting vote in favor of the
referendum; or
(2) those voting in favor of the referendum farm more than 50
percent, as determined by the commissioner, of the cotton acreage
in the relevant eradication zone.
(h) If a referendum under this subchapter is not approved, the
commissioner may conduct another referendum. A referendum under
this subsection may not be held before one year after the date on
which the last referendum on the same issue was held.
(i) A public hearing regarding the proposed eradication program,
including information regarding regulations to be p