reglab/housing_qa huggingface dataset:
TX Agric Code § 74.1041 (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 74.1041. Advisory Committees

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.|
TX Agric Code § 74.1042 (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 74.1042. Creation of Nonstatutory Eradication Zones

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.|
TX Agric Code § 74.105 (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 74.105. Eradication Zone Referenda

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)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 577, Sec. 8, eff. June 14, 2013.|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.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 577 (S.B. 818), Sec. 8, eff. June 14, 2013.|
TX Agric Code § 74.106 (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 74.106. Board Elections

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.|
TX Agric Code § 74.107 (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 74.107. Composition of Board

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.|
TX Agric Code § 74.108 (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 74.108. Powers of Board and Commissioner

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.|
TX Agric Code § 74.109 (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 74.109. Board Duties

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.|
TX Agric Code § 74.1091 (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 74.1091. Separation of Responsibilities

Sec. 74.1091.  SEPARATION OF RESPONSIBILITIES.  The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the chief executive officer and staff of the foundation.|Added by Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 23, eff. September 1, 2021.|
TX Agric Code § 74.1095 (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 74.1095. Administrative Review

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.|
TX Agric Code § 74.110 (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 74.110. Liability of Foundation Members, Officers, and Employees

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.|
TX Agric Code § 74.1101 (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 74.1101. Liability of Applicators

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.|
TX Agric Code § 74.1102 (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 74.1102. Contracting

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.|
TX Agric Code § 74.111 (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 74.111. Board Member Compensation

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.|
TX Agric Code § 74.1135 (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 74.1135. Alternative Method of Assessments

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)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 577, Sec. 8, eff. June 14, 2013.|Added by Acts 2009, 81st Leg., R.S., Ch. 178 (H.B. 1580), Sec. 5, eff. May 27, 2009.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 577 (S.B. 818), Sec. 8, eff. June 14, 2013.|