reglab/housing_qa huggingface dataset:
TX Agric Code § 74.116 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation|Section 74.116. Exemption From Assessment Penalties

Sec. 74.116.  EXEMPTION FROM ASSESSMENT PENALTIES.  (a)  The commissioner by rule shall adopt criteria for exemption from payment of assessment penalties under Section 74.115 of this code a cotton grower for whom payment would impose an undue financial burden.(b)  A cotton grower may not qualify for an exemption under this section for a year in which the amount computed by subtracting the assessments and penalties due under this subchapter from the cotton grower's net income subject to federal income taxation in the previous year is greater than $15,000.(c)  A cotton grower who applies for an exemption under this section must use a form prescribed by the commissioner.  A cotton grower must file a separate application form for each year for which the cotton grower claims an exemption.(d)  The commissioner may establish a payment plan for a cotton grower applying for an exemption under this section.(e)  The commissioner shall promptly notify an applicant of the determination regarding the applicant's request for an exemption.(f)  If an exemption under this section is denied, assessments and penalties for the year for which the application is made are due on the later of:(1)  the date on which they would be due in the absence of an application for exemption;  or(2)  30 days after the date the applicant receives notice of the denial.(g)  In addition to the authority provided under Subsections (a)-(f), the commissioner may reduce or waive assessment penalties as appropriate and necessary.|Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 227, Sec. 12, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 463, Sec. 1.18, eff. May 30, 1997.|
TX Agric Code § 74.117 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation|Section 74.117. Entry of Premises; Eradication Activities; Inspections

Sec. 74.117.  ENTRY OF PREMISES;  ERADICATION ACTIVITIES;  INSPECTIONS.  The department, the foundation, or a designated representative of either entity may enter cotton fields or other premises to carry out the purposes of this subchapter and Subchapters A and B of this chapter, which include the treatment and monitoring of growing cotton or other host plants.  The department, the foundation, or a designated representative of either entity may inspect fields or premises in this state for the purpose of determining whether the property is infested with the boll weevil or the pink bollworm.  An inspection must be conducted during reasonable daylight hours.  The department shall give notice by publication of the planned schedule of dates for entry by the department, the foundation, or a designated representative of either entity, to the fields or premises to carry out the purposes of this subchapter, including treatment, monitoring, or inspection functions.  The department shall publish notice of the planned schedule to enter the fields or premises in a newspaper of general circulation in the eradication zone not less than once a week for two weeks immediately before the scheduled dates of entry.  In addition to the notice published by the department, the foundation shall post notice of the planned schedule to enter fields or premises to carry out the purposes of this subchapter at the county courthouse of each county in the eradication zone not less than 15 days before the planned dates of entry.|Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 227, Sec. 13, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 463, Sec. 1.19, eff. May 30, 1997.|
TX Agric Code § 74.118 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation|Section 74.118. Authority to Prohibit Planting of Cotton and Require Participation in Eradication Program

Sec. 74.118.  AUTHORITY TO PROHIBIT PLANTING OF COTTON AND REQUIRE PARTICIPATION IN ERADICATION PROGRAM.  (a)  The commissioner may adopt reasonable rules regarding areas where cotton may not be planted in an eradication zone if there is reason to believe planting will jeopardize the success of the program by making treatment impracticable or present a hazard to public health or safety.(b)  The commissioner may adopt rules relating to noncommercial cotton located in eradication zones and requiring that all growers of commercial cotton in an eradication zone participate in a boll weevil or pink bollworm eradication program that includes cost sharing as required by the rules.(c)  Notice of prohibitions and requirements shall be given by publication for one day each week for three successive weeks in a newspaper having general circulation in the affected area.(d)  The commissioner may adopt a reasonable schedule of penalty fees to be assessed against growers in a designated eradication zone who do not meet the requirements of the rules issued by the commissioner relating to reporting of acreage and participation in cost sharing.  The penalty fees adopted may not exceed $50 per acre.(e)  If a grower fails to meet the requirements of rules adopted by the commissioner, the commissioner may order the destruction of cotton not in compliance with the rules.  Costs incurred by the commissioner in the destruction of cotton may be assessed against the grower.|Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 227, Sec. 14, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 463, Sec. 2.07, eff. May 30, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 178 (H.B. 1580), Sec. 6, eff. May 27, 2009.|
TX Agric Code § 74.119 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation|Section 74.119. Authority for Destruction or Treatment of Cotton in Eradication Zones; Compensation Payable

Sec. 74.119.  AUTHORITY FOR DESTRUCTION OR TREATMENT OF COTTON IN ERADICATION ZONES; COMPENSATION PAYABLE.  (a)  The department shall destroy or treat hostable volunteer or other hostable noncommercial cotton and establish procedures for the purchase and destruction of commercial cotton in eradication zones if the department determines the action is necessary to carry out the purposes of this subchapter.  The department is not liable to the owner or lessee for the destruction of or injury to any cotton that was planted in an eradication zone after publication of notice as provided by this subchapter.  The foundation is liable for the destruction of cotton if the cotton was planted in an eradication zone before publication of the notice.(b)  Not later than January 1, 2010, the department shall adopt rules providing for the regulation and control of volunteer and other noncommercial cotton in pest management zones.  At a minimum, the rules must:(1)  provide a grower or landowner with a period of time in which the grower or owner is required to destroy hostable volunteer or other hostable noncommercial cotton on receipt of a notice from the department; and(2)  allow the department or a person designated by the department:(A)  to monitor and treat hostable volunteer or other hostable noncommercial cotton that is located in a crop field for boll weevil infestation if the grower or landowner does not destroy the cotton in compliance with the notice from the department; and(B)  to destroy hostable volunteer or other hostable noncommercial cotton that is not in a crop field, as provided by Section 74.004.(c)  If a grower or landowner does not destroy hostable volunteer or other hostable noncommercial cotton as required by Subsection (b)(1), the grower or owner shall pay to the department a volunteer cotton fee in an amount determined by the department.  A fee under this subsection:(1)  may be assessed only on acreage where hostable volunteer or other hostable noncommercial cotton is located;(2)  may not be less than one-half the amount the grower or owner would owe if the entire acreage were planted with cotton; and(3)  shall be deposited to the credit of the hostable cotton fee account established by Section 74.0032.|Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 463, Sec. 2.08, eff. May 30, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 178 (H.B. 1580), Sec. 7, eff. May 27, 2009.|
TX Agric Code § 74.120 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation|Section 74.120. Authority to Adopt Rules

Sec. 74.120.  AUTHORITY TO ADOPT RULES.  (a)  The commissioner shall adopt rules to protect individuals, livestock, wildlife, and honeybee colonies on any premises in an eradication zone on which cotton plants are being grown that have been or are being treated to eradicate the boll weevil or the pink bollworm.(b)  Rules adopted under this section shall establish the criteria by which the foundation develops its procedures and methods of treatment, which shall:(1)  establish a methodology for determining when boll weevil or pink bollworm population levels have reached economic significance;(2)  establish an effective treatment regimen that seeks to provide the least possible risk to workers, the public, and the environment;(3)  minimize the effects of the use of pesticides on long-term control methods, including but not limited to the effect a particular pesticide may have on biological controls;(4)  establish methods for monitoring boll weevils, pink bollworms, and secondary pests;(5)  establish methods for verifying pesticide use reduction;  and(6)  consider the acute and chronic toxicity of particular pesticides and the quantity of particular pesticides needed.  Eradication zone treatment plans may take into account the potential for the use of smaller quantities of more toxic substances to result in fewer health and environmental risks than larger quantities of less toxic substances.(c)  The commissioner may adopt other reasonable rules necessary to carry out the purposes of this subchapter and Subchapters A and B of this chapter.  All rules issued under this subchapter must be adopted and published in accordance with state requirements. (d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 56(6), eff. September 1, 2021.|Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.02, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 463, Sec. 1.20, 2.09, eff. May 30, 1997.Amended by: Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 56(6), eff. September 1, 2021.|
TX Agric Code § 74.121 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation|Section 74.121. Reports

Sec. 74.121.  REPORTS.  Each person in an active eradication zone growing cotton in this state shall furnish to the foundation on forms supplied by the foundation information that the foundation requires concerning the size and location of all commercial cotton fields and of noncommercial patches of cotton grown for ornamental or other purposes.  The foundation may provide an incentive for early and timely reporting.|Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 463, Sec. 1.21, eff. May 30, 1997.|
TX Agric Code § 74.122 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation|Section 74.122. Quarantine

Sec. 74.122.  QUARANTINE.  (a)  The department may adopt rules relating to quarantining areas of this state that are infested with the boll weevil or the pink bollworm.  The rules must address the storage of regulated articles and the movement of regulated articles into and out of a quarantined area.  The department may also adopt rules governing the movement of regulated articles from other states into this state if the articles are known to be infested with the boll weevil or the pink bollworm.(b)  The department shall adopt rules to prohibit the movement of cotton and regulated articles from an area infested with the boll weevil if the area is not participating in the boll weevil eradication program under 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. 16, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 463, Sec. 2.10, eff. May 30, 1997.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 577 (S.B. 818), Sec. 3, eff. June 14, 2013.|
TX Agric Code § 74.123 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation|Section 74.123. Documenting Regulated Articles

Sec. 74.123.  DOCUMENTING REGULATED ARTICLES.  To implement this subchapter, the department may issue or authorize issuance of:(1)  a certificate that indicates that a regulated article is not infested with the boll weevil or the pink bollworm;  and(2)  a permit that provides for the movement of a regulated article to a restricted designation for limited handling, use, or processing.|Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 227, Sec. 17, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 463, Sec. 2.11, eff. May 30, 1997.|
TX Agric Code § 74.124 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation|Section 74.124. Cooperative Programs Authorized

Sec. 74.124.  COOPERATIVE PROGRAMS AUTHORIZED.  (a)  The foundation may carry out programs to destroy and eliminate the boll weevil and the pink bollworm in this state by cooperating through written agreements, as approved by the commissioner, with:(1)  an agency of the federal government;(2)  a state agency;(3)  an appropriate agency of a foreign country contiguous to the affected area to the extent allowed by federal law;(4)  a person who is engaged in growing, processing, marketing, or handling cotton;(5)  a group of persons in this state involved in similar programs to carry out the purposes of this subchapter;(6)  an appropriate state agency of another state contiguous to the affected area, to the extent allowed by federal law, the law of the contiguous state, and the law of this state; or(7)  an appropriate association of cotton producers or boll weevil foundations in more than one state, for the purpose of facilitating cooperation with and funding assistance to this state to protect against reinfestation with the boll weevil.(b)  An agreement entered into under this section may provide for cost sharing and for division of duties and responsibilities under this subchapter and may include other provisions to carry out the purposes of this subchapter.(c)  Agreements under Subsections (a)(4)-(5) must be approved in each referendum required under this subchapter other than a referendum to discontinue an eradication program.  The agreements must be approved by the same margin as required in the retention referendum.|Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 227, Sec. 18, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 463, Sec. 1.22, 2.12, eff. May 30, 1997;  Acts 2001, 77th Leg., ch. 168, Sec. 3, eff. May 18, 2001.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 577 (S.B. 818), Sec. 4, eff. June 14, 2013.|
TX Agric Code § 74.125 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation|Section 74.125. Organic Cotton Growers

Sec. 74.125.  ORGANIC COTTON GROWERS.  (a)  The commissioner shall develop rules and procedures to:(1)  protect the eligibility of organic cotton growers to be certified by the commissioner;(2)  ensure that organic and transitional certification by the commissioner continue to meet national certification standards in order for organic cotton to maintain international marketability;  and(3)  in all events maintain the effectiveness of the boll weevil or pink bollworm eradication program administered under this subchapter.(b)  The board may not treat or require treatment of organic cotton fields with chemicals that are not approved for use on certified organic cotton.  Plow-up may be required as an alternative to chemicals.  Rules adopted under Subsection (a) may provide indemnity for the organic cotton growers for reasonable losses that result from a prohibition of production of organic cotton or from any requirement of destruction of organic cotton.  If time is reasonably available for the production of an economically feasible alternative crop, the board may require mitigation of losses with the production of an alternative crop.|Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 227, Sec. 19, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 463, Sec. 1.23, eff. May 30, 1997.|
TX Agric Code § 74.126 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation|Section 74.126. Penalties

Sec. 74.126.  PENALTIES.  (a)  A person who violates this subchapter or a rule adopted under this subchapter or who alters, forges, counterfeits, or uses without authority a certificate, permit, or other document issued under this subchapter or under a rule adopted under this subchapter commits an offense.(b)  An offense under this section is a Class C misdemeanor.(c)  If the commissioner determines that a violation of this subchapter or a rule adopted under this subchapter has occurred, the commissioner may request that the attorney general or the county or district attorney of the county in which the alleged violation occurred or is occurring file suit for civil, injunctive, and/or other appropriate relief.|Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 463, Sec. 1.24, 2.13, eff. May 30, 1997.|
TX Agric Code § 74.127 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation|Section 74.127. Sunset Provision

Sec. 74.127.  SUNSET PROVISION.  (a)  The board of directors of the official cotton growers' boll weevil eradication foundation is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the board is abolished September 1, 2033.(b)  The commissioner may order the dissolution of the foundation at any time the commissioner determines that the purposes of this subchapter have been fulfilled or that the foundation is inoperative and abandoned.  Dissolution shall be conducted in accordance with Section 74.112 of this code.(c)  If the foundation is abolished or the program discontinued for any reason, assessments approved, levied, or otherwise collectible on the date of abolishment remain valid as necessary to pay the financial obligations 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. 21, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 463, Sec. 2.14, eff. May 30, 1997;  Acts 1997, 75th Leg., ch. 1169, Sec. 2.01, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1449, Sec. 3.02, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 1227 (H.B. 1116), Sec. 3.03, eff. September 1, 2005.Acts 2007, 80th Leg., R.S., Ch. 928 (H.B. 3249), Sec. 2.03, eff. June 15, 2007.Acts 2009, 81st Leg., R.S., Ch. 178 (H.B. 1580), Sec. 8, eff. May 27, 2009.Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 24, eff. September 1, 2021.|
TX Agric Code § 74.128 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 74 - Cotton Diseases and Pests|Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation|Section 74.128. Annual Report

Sec. 74.128.  ANNUAL REPORT.  The board shall issue to the commissioner and the appropriate oversight committee in the house of representatives an annual report detailing its efforts to carry out the purposes of this subchapter.|Added by Acts 1997, 75th Leg., ch. 463, Sec. 1.25, eff. May 30, 1997.|