reglab/housing_qa huggingface dataset:
TX Agric Code § 80.007 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation|Section 80.007. Board Elections

Sec. 80.007.  BOARD ELECTIONS.  (a)  The initial election for board members from a proposed pest management zone shall be held concurrently with a pest management zone referendum held under Section 80.006.  Each pest management zone must be represented on the board and remain represented on the board until suppression operations are concluded and all debt of the pest management zone is paid.(b)  A board election shall be conducted under the procedures provided by this section and Section 80.016.(c)  A citrus producer who is eligible to vote in a referendum or election under this chapter is eligible to be a candidate for and member of the board if the person has at least seven years of experience as a citrus producer and otherwise meets the qualifications for the office.(d)  A citrus producer 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 citrus producers 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), an applicant's name shall be placed on the ballot for the board election.(f)  An eligible voter may vote for a citrus producer 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 pest management 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 Texas AgriLife Extension Service agent in the pest management 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 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.|
TX Agric Code § 80.008 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation|Section 80.008. Composition of Board

Sec. 80.008.  COMPOSITION OF BOARD.  (a)  The board is composed of members elected from each pest management zone established by referendum, members appointed by the commissioner from other citrus-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 citrus-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)  a representative from an industry allied with citrus production;(4)  a representative from the pest control industry; and(5)  a representative of the nursery or ornamental citrus sales industry.(c)  The commissioner may change the number of board positions or the pest management zone representation on the board to accommodate changes in the number of pest management zones.  A change under this subsection may not contravene another provision of this chapter.(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 corporation.|Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.Amended by: Acts 2015, 84th Leg., R.S., Ch. 29 (S.B. 1749), Sec. 5, eff. September 1, 2015.|
TX Agric Code § 80.009 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation|Section 80.009. Powers of Board and Commissioner

Sec. 80.009.  POWERS OF BOARD AND COMMISSIONER.  (a)  The board may:(1)  conduct programs consistent with the declaration of policy stated in Section 80.001;(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 chapter 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 at least 30 percent of the citrus producers eligible to vote in the proposed area, the commissioner may, or at the commissioner's discretion the commissioner by rule may, add an area to a pest management zone or transfer an area or county from one zone to another zone if:(1)  citrus production has begun or could begin in the area;(2)  the area is adjacent to a pest management zone or is in an area with biological characteristics similar to the pest management 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 corporation.|Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.|
TX Agric Code § 80.010 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation|Section 80.010. Board Duties

Sec. 80.010.  BOARD DUTIES.  (a)  The board shall have an annual independent audit of the books, records of account, and minutes of proceedings maintained by the corporation prepared by an independent certified public accountant or a firm of independent certified public accountants.  The audit must include information for each zone in which a suppression program has been conducted under this chapter.  The audit shall be filed with the board, the commissioner, and the state auditor and be made available to the public by the corporation or the commissioner.  The transactions of the corporation are subject to audit by the state auditor in accordance with Chapter 321, Government Code.(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 corporation during the fiscal year.(c)  The corporation shall provide fidelity bonds in amounts determined by the board for employees or agents who handle money for the corporation.(d)  The corporation and the board are state agencies for the following purposes only:(1)  exemption from taxation, including exemption from sales and use taxes and taxes under Chapter 152, Tax Code; and(2)  exemption from vehicle registration fees.(e)  Funds collected by the corporation are not state funds and are not required to be deposited in the state treasury.  The corporation shall deposit all money collected under this chapter in a bank or other depository approved by the commissioner.(f)  The board shall collect data on the type and quantity of pesticides used in accordance with this chapter.  The data shall be filed with the commissioner.(g)  All money collected under this chapter shall be used solely to finance programs approved by the commissioner as consistent with this chapter.(h)  The corporation is subject to the requirements of:(1)  the open meetings law, Chapter 551, Government Code; and(2)  the public information law, Chapter 552, Government Code.(i)  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 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.|
TX Agric Code § 80.011 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation|Section 80.011. Administrative Review

Sec. 80.011.  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 corporation under this chapter.  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 chapter.(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 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.|
TX Agric Code § 80.012 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation|Section 80.012. Contracting

Sec. 80.012.  CONTRACTING.  (a)  For a purchase of goods and services under this chapter, the corporation may purchase goods and services that provide the best value for the corporation.(b)  In determining the best value for the corporation, the purchase price and whether the goods or services meet specifications are the most important considerations.  However, the corporation 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 corporation in the context of a particular purchase.|Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.|
TX Agric Code § 80.013 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation|Section 80.013. Board Member Compensation

Sec. 80.013.  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 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.|
TX Agric Code § 80.014 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation|Section 80.014. Discontinuation of Program and Corporation and Disposition of Funds on Discontinuance

Sec. 80.014.  DISCONTINUATION OF PROGRAM AND CORPORATION AND DISPOSITION OF FUNDS ON DISCONTINUANCE.  (a)  On the determination by the corporation that the pest suppression program has been completed in all pest management zones established under this chapter, the corporation shall provide notice of the completion to the commissioner along with a request for discontinuance of the control and suppression program and collection of the assessment.  Any request under this subsection must include documentation supporting the fact that pests are no longer a threat to the state's citrus industry and a plan for discontinuance of the program and assessment.(b)  The commissioner shall determine whether or not the further suppression of pests is necessary in the pest management zones and approve or disapprove discontinuance of the corporation and the plan for dissolution.(c)  On completion of the dissolution, the corporation 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 corporation shall be filed with the commissioner and are subject to audit by the department.(d)  The commissioner shall pay from the corporation's remaining funds all of the corporation's outstanding obligations.(e)  Funds remaining after payment under Subsection (d) shall be returned to contributing citrus producers on a pro rata basis.(f)  If 30 percent or more of the citrus producers 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 before the 90th day after the date the petition was filed, except that a referendum may not be held before the second anniversary of any other referendum in the pest management zone pertaining to establishing or discontinuing the pest management zone.(i)  Approval of the proposition requires the same vote as required in a referendum under Section 80.016(g).  If the proposition is approved, the suppression program is abolished and the pest management zone ceases to exist on payment of all debts of the pest management zone.|Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.Amended by: Acts 2015, 84th Leg., R.S., Ch. 29 (S.B. 1749), Sec. 6, eff. September 1, 2015.|
TX Agric Code § 80.015 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation|Section 80.015. Assessment Referenda

Sec. 80.015.  ASSESSMENT REFERENDA.  (a)  The commissioner shall propose the assessment needed in each pest management zone to ensure the stability of the citrus industry by suppressing the public nuisance caused by pests.(b)  The commissioner shall propose in a referendum the:(1)  maximum assessment to be paid by citrus producers in the pest management zone; and(2)  time for which the assessment will be made.(c)  With the commissioner's approval, the corporation may make an assessment in a pest management 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 80.016.(e)  If an assessment referendum is approved, the corporation may collect the assessment.(f)  An assessment levied on citrus producers in a pest management zone may be applied only to:(1)  pest control in that zone;(2)  the corporation's operating costs, including payments on debt incurred for a corporation activity, except that the funds of one zone may not be used to pay another zone's bank loans or debts; and(3)  the conducting of other programs consistent with the declaration of policy stated in Section 80.001.(g)  The assessment shall be adequate and necessary to achieve the goals of this chapter.  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 suppress;(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 in the pest management 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 citrus producers;(5)  the restructuring and repayment schedule for any preexisting debt; and(6)  the amount of debt to be incurred in the pest management 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 corporation's operating budget.(k)  The corporation shall prepare and mail billing statements to each citrus producer subject to the assessment that state the amount due and the due date.  The assessments shall be sent to the corporation.|Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 5.02, eff. September 1, 2013.Acts 2015, 84th Leg., R.S., Ch. 29 (S.B. 1749), Sec. 7, eff. September 1, 2015.|
TX Agric Code § 80.016 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation|Section 80.016. Conduct of Board Elections and Referenda; Balloting

Sec. 80.016.  CONDUCT OF BOARD ELECTIONS AND REFERENDA; BALLOTING.  (a)  The commissioner shall conduct a referendum or board election authorized under this chapter.(b)  The corporation 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 pest management zones.  Rules adopted under this subsection must include provisions for determining:(1)  who is a citrus producer 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 citrus producer in a proposed or established pest management zone is entitled to:(1)  vote in a referendum concerning the pest management zone; and(2)  elect board members to represent the pest management zone.(e)  An eligible citrus producer 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, as determined by the commissioner.  A citrus producer eligible to vote in a referendum or board election who has not received a ballot from the commissioner, corporation, or another source shall be offered the option of requesting a ballot by mail or obtaining a ballot at the office of the Texas AgriLife 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 cultivate more than 50 percent, as determined by the commissioner, of the citrus acreage in the relevant pest management zone.(h)  If a referendum under this chapter is not approved, the commissioner may conduct another referendum.  A referendum under this subsection may not be held before the first anniversary of the date on which the previous referendum on the same issue was held.(i)  A public hearing regarding the proposed suppression program, including information regarding regulations to be promulgated by the commissioner, may be held by the commissioner in each of several locations in each pest management zone.(j)  Individual voter information, including an individual's vote in a referendum or board election conducted under this section, is confidential and is not subject to disclosure under Chapter 552, Government Code.|Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 5.03, eff. September 1, 2013.Acts 2015, 84th Leg., R.S., Ch. 29 (S.B. 1749), Sec. 8, eff. September 1, 2015.|
TX Agric Code § 80.018 (2021)
2021 Texas Statutes|Agriculture Code|Title 5 - Production, Processing, and Sale of Horticultural Products|Subtitle B - Horticultural Diseases and Pests|Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation|Section 80.018. Exemption From Assessment Penalties

Sec. 80.018.  EXEMPTION FROM ASSESSMENT PENALTIES.  (a)  The commissioner by rule shall adopt criteria to exempt from payment of an assessment penalty under Section 80.017 a citrus producer for whom payment would impose an undue financial burden.(b)  A citrus producer is not eligible for an exemption under this section for a year in which the amount computed by subtracting the assessments and penalties due under this chapter from the citrus producer's net income subject to federal income taxation in the previous year is greater than $15,000.(c)  A citrus producer who applies for an exemption under this section must use a form prescribed by the commissioner.  A citrus producer must file a separate application form for each year for which the citrus producer claims an exemption.(d)  The commissioner may establish a payment plan for a citrus producer 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 an assessment penalty as appropriate and necessary.|Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.|