reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter B. Creation of District › Section 78.021. Expense of Creating District

Sec. 78.021.  EXPENSE OF CREATING DISTRICT.  (a)  After the district is created, the county clerk shall:
(1)  deduct from the fee deposited under Section 78.012 of this code an amount equal to expenses incurred by the commissioners court as a result of the creation of the district, including the expense of the election;  and
(2)  after receiving a voucher signed by the county judge, refund the remainder of the fee to the chairman of the board of the district within 30 days after the day of the election of the chairman.
(b)  The board shall refund to the petitioners out of the first money collected by the district the full amount of the fee required under Section 78.012 of this code.
(c)  If the commissioners court denies a petition or if the result of an election is against the creation of the district, the county clerk shall:
(1)  deduct from the fee deposited under Section 78.012 of this code an amount equal to expenses incurred by the commissioners court as a result of consideration of the formation of the proposed district, including the expense of any election held;  and
(2)  after receiving a voucher signed by the county judge, refund the remainder of the fee to the petitioners or their agent or attorney.
Acts 1981, 67th Leg., p. 1212, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter C. Administration › Section 78.031. Board of Directors

Sec. 78.031.  BOARD OF DIRECTORS.  (a)  The board of directors of a noxious weed control district is composed of five persons, each of whom must:
(1)  hold title to land located in the district;
(2)  be 18 years of age or older;  and
(3)  reside in a county all or part of which is located in the district.
(b)  Except as provided by Section 78.032 of this code, the term of office of a director is two years.
Acts 1981, 67th Leg., p. 1212, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter C. Administration › Section 78.032. Initial Board of Directors

Sec. 78.032.  INITIAL BOARD OF DIRECTORS.  (a)  The commissioners court that ordered creation of the district shall appoint five eligible persons to serve as the first board of directors of the district.
(b)  If the district is composed of land in more than one county, the commissioners court shall appoint one director from each county within the district and fill any remaining vacancy by appointing a director from the district at large.
(c)  Three of the directors of the first board shall serve from the date of their appointment until the first annual meeting of eligible voters, as authorized by Section 78.033 of this code, and the remaining two directors shall serve from the date of their appointment until the second annual meeting of eligible voters.  The directors shall determine by lot which three directors shall serve until the first annual meeting and which two directors of the board shall serve until the second annual meeting.
Acts 1981, 67th Leg., p. 1213, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter C. Administration › Section 78.033. Annual Meeting

Sec. 78.033.  ANNUAL MEETING.  (a)  The chairman of the board shall call an annual meeting of the eligible voters in the district to be held on the fourth Saturday of each April.
(b)  The chairman shall give written notice of the time and place of the meeting not later than the 10th day before the day of the meeting to each eligible voter in the district, as shown by the county tax assessor-collector's records in each county in the district.
(c)  At the meeting, the eligible voters shall:
(1)  elect successors to directors whose terms are expiring during the year of the meeting;  and
(2)  consider other business the board determines is proper to consider.
(d)  A director elected under Subsection (c)(1) of this section must reside in the same territory from which the predecessor was required to be selected.
(e)  A person entitled to attend the meeting may appoint a proxy to represent him or her at the meeting.
Acts 1981, 67th Leg., p. 1213, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter C. Administration › Section 78.034. Compensation of Directors

Sec. 78.034.  COMPENSATION OF DIRECTORS.  A director of the board is entitled to receive:
(1)  $5 a day for attending a meeting of the board, not to exceed $60 a year;  and
(2)  10 cents a mile for the distance the director actually travels between the director's residence and the place of a meeting of the board.
Acts 1981, 67th Leg., p. 1213, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter C. Administration › Section 78.035. Officers

Sec. 78.035.  OFFICERS.  The board shall annually elect a chairman and any officers it considers necessary.  The board shall fill a vacancy in the chairmanship of the board or in an officer's position by appointing a director to fill the vacancy.
Acts 1981, 67th Leg., p. 1213, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter C. Administration › Section 78.036. Inspectors and Clerical Employees

Sec. 78.036.  INSPECTORS AND CLERICAL EMPLOYEES.  (a)  The board may employ one or more persons to perform inspections under Section 78.044 of this code.
(b)  The board may set the compensation of an inspector, and an inspector is entitled to reimbursement for actual and necessary expenses incurred in making an inspection.
(c)  The board may employ necessary clerical personnel.
Acts 1981, 67th Leg., p. 1214, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter D. Enforcement › Section 78.041. General Enforcement Powers of Board

Sec. 78.041.  GENERAL ENFORCEMENT POWERS OF BOARD.  The board may:
(1)  determine which noxious weeds are subject to control and what appropriate methods of control are to be used, including spraying, cutting, burning, tilling, or any other appropriate method;
(2)  prescribe specific areas in the district in which control measures are to be used;
(3)  prescribe the period during which control measures are to be used;  and
(4)  incur expenses and take other actions necessary to carry out the purposes of this chapter.
Acts 1981, 67th Leg., p. 1214, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter D. Enforcement › Section 78.042. Compliance Required

Sec. 78.042.  COMPLIANCE REQUIRED.  (a)  A person who holds title to or possesses land in the district shall comply with control measures prescribed by the board under this chapter.
(b)  The commissioners court of a county located in the district shall comply with control measures prescribed by the board under this chapter for the purpose of controlling noxious weeds on rights-of-way of public roads and public land within the district.
Acts 1981, 67th Leg., p. 1214, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter D. Enforcement › Section 78.043. Notice of Control Measures

Sec. 78.043.  NOTICE OF CONTROL MEASURES.  The chairman of the board shall give written notice to each person who holds title to or possesses land located in the district of:
(1)  the control measures in effect on the person's land;  and
(2)  information necessary to enable the person to carry out the measures.
Acts 1981, 67th Leg., p. 1214, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter D. Enforcement › Section 78.044. Inspection; Failure to Comply

Sec. 78.044.  INSPECTION;  FAILURE TO COMPLY.  (a)  A director or an inspector appointed by the board may enter land in the district to determine if:
(1)  control measures are necessary;  or
(2)  control measures prescribed by the board are being carried out.
(b)  If the board determines that a person who holds title to or possesses land that is located in the district is failing to comply with prescribed control measures, the board in writing shall order compliance with the measures within a stated time.
(c)  If a person fails to obey an order issued under Subsection (b) of this section, the board may sue in the district court of the county in which the land is located for a mandatory injunction ordering compliance.  If the court issues the injunction, the person is liable for court costs and a reasonable attorney's fee, to be determined by the court.
Acts 1981, 67th Leg., p. 1214, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter D. Enforcement › Section 78.045. Equipment Cleaning Procedure

Sec. 78.045.  EQUIPMENT CLEANING PROCEDURE.  (a)  The board may prescribe rules requiring the cleaning of and the disposal of materials cleaned from farm implements and machinery brought into the district or moved from one part of the district to another part.
(b)  The board shall give notice of rules prescribed under this section by:
(1)  posting a copy of the notice of the adoption of the rules at four public places in each county located in the district not later than the 11th day before the effective date of the rules;  and
(2)  filing a copy of the adoption of the rules with the county clerk of each county located in the district.
(c)  A person commits an offense if the person fails to obey a rule prescribed under Subsection (a) of this section.  An offense under this subsection is a Class C misdemeanor.
Acts 1981, 67th Leg., p. 1215, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 230, Sec. 106, eff. Sept. 1, 1989.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter E. Assessments and Appropriations › Section 78.051. Assessment

Sec. 78.051.  ASSESSMENT.  (a)  The board may impose an annual uniform assessment on land within the district in order to pay the expenses of the district.
(b)  The amount of the assessment may not exceed six cents an acre.
Acts 1981, 67th Leg., p. 1215, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter E. Assessments and Appropriations › Section 78.052. Special Election on Increased Assessment

Sec. 78.052.  SPECIAL ELECTION ON INCREASED ASSESSMENT.  (a)  The commissioners court that ordered creation of an existing district with a maximum uniform assessment rate of less than six cents an acre may order an election to be held to determine whether or not the maximum uniform assessment rate should be raised to six cents an acre.  The county clerk shall give notice in the manner provided by Section 78.018 of this code and the commissioners court shall conduct the election in the manner provided by Section 78.019 of this code.
(b)  Ballots for the election must be printed to provide for voting for or against the proposition:  "Increasing the maximum assessment rate to six cents."
(c)  Immediately after the election, the election officers shall forward the results to the commissioners court.  The commissioners court shall canvass the vote and declare the result of the election.
(d)  If the district is located entirely in one county, the commissioners court shall issue an order declaring the increase of the maximum uniform assessment to six cents an acre.  If the district is located in more than one county, the commissioners court shall issue an order declaring the increase of the maximum rate of assessment to six cents an acre only in those counties where a majority of votes cast are for the proposition.
Acts 1981, 67th Leg., p. 1215, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter E. Assessments and Appropriations › Section 78.053. Collection of Assessment

Sec. 78.053.  COLLECTION OF ASSESSMENT.  (a)  The board may assess and collect an assessment imposed under this chapter by:
(1)  appointing an assessor-collector to perform the duties;
(2)  contracting with the county tax assessor-collector to perform the duties;  or
(3)  appointing an assessor to make an assessment and contracting with a county tax assessor-collector to collect the assessment.
(b)  If the board appoints an assessor-collector under Subsection (a)(1) of this section, the board may require the assessor-collector to give bond in an amount determined by the board.  The board may compensate the assessor-collector in an amount not to exceed an amount equal to five percent of assessments collected.
(c)  If the board contracts with a county tax assessor-collector under Subsection (a)(2) of this section, the assessor-collector may retain as fees of office five percent of all assessments collected.
(d)  If the board appoints an assessor under Subsection (a)(3) of this section, the board may compensate the assessor in an amount not to exceed an amount equal to 2-1/2 percent of the assessments collected and the contracting county tax assessor-collector may retain 2-1/2 percent of the assessments collected.
Acts 1981, 67th Leg., p. 1215, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter E. Assessments and Appropriations › Section 78.054. Deposit of Assessment

Sec. 78.054.  DEPOSIT OF ASSESSMENT.  The person collecting assessments shall deposit the money collected into a district depository selected by the board.
Acts 1981, 67th Leg., p. 1216, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter E. Assessments and Appropriations › Section 78.055. Report to County Clerk

Sec. 78.055.  REPORT TO COUNTY CLERK.  (a)  The chairman of the board shall file a report before September 1 of each year with the county clerk of each county in which the district is located.
(b)  The report must contain:
(1)  a statement of the total amount of money received by the board during the 12 months ending the last June 30;
(2)  an itemized statement of the total amount of money expended by the board during the 12 months ending the last June 30;  and
(3)  a statement of the amount of money on hand on the last June 30.
Acts 1981, 67th Leg., p. 1216, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter E. Assessments and Appropriations › Section 78.056. Report to Department

Sec. 78.056.  REPORT TO DEPARTMENT.  (a)  Before September 1 of each year, the chairman of the board shall file a report with the department stating the amount of money received through the assessments by the district in the 12 months ending the last June 30.
(b)  The department shall certify the amount stated in the report required by Subsection (a) of this section to the comptroller of public accounts.
Acts 1981, 67th Leg., p. 1216, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter E. Assessments and Appropriations › Section 78.057. Appropriated Funds

Sec. 78.057.  APPROPRIATED FUNDS.  (a)  Except as provided by Subsection (b) of this section, if the legislature appropriates funds for the control of noxious weeds, the comptroller shall issue a warrant to each district in an amount equal to the amount certified for the district by the department under Section 78.056 of this code.
(b)  If the legislature appropriates an amount for the control of noxious weeds that is less than the total of all amounts certified by the department under Section 78.056 of this code, the comptroller shall issue a warrant to each district in an amount that is equal to that district's proportion of the total of funds certified under Section 78.056 of this code.
Acts 1981, 67th Leg., p. 1216, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter F. Dissolution of District › Section 78.061. Petition for Dissolution

Sec. 78.061.  PETITION FOR DISSOLUTION.  (a)  The eligible voters residing in a district may petition the board to conduct an election on the dissolution of the district.
(b)  The petition must contain the signatures of 50 eligible voters or of a majority of the eligible voters in the district, whichever is the lesser number.
Acts 1981, 67th Leg., p. 1217, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter F. Dissolution of District › Section 78.062. Election Order

Sec. 78.062.  ELECTION ORDER.  (a)  Before the 90th day after the day on which the board receives a petition for dissolution, the board shall order an election to determine whether the district should be dissolved.
(b)  The chairman shall give notice of the election in the same manner as is required for publication of notice of a hearing under Section 78.015 of this code.
(c)  Notice required by this section must contain a statement of:
(1)  the purpose of the election;  and
(2)  the date, time, and place of the election.
Acts 1981, 67th Leg., p. 1217, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter F. Dissolution of District › Section 78.063. Dissolution Election

Sec. 78.063.  DISSOLUTION ELECTION.  (a)  Except as otherwise provided by this section, the procedure for conducting a dissolution election shall be in compliance with the election laws of this state.
(b)  The board shall:
(1)  designate polling places in the district, taking into consideration the convenience of the voters;  and
(2)  appoint judges and the other necessary election officers.
(c)  Each eligible voter is entitled to vote at the election.
Acts 1981, 67th Leg., p. 1217, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter F. Dissolution of District › Section 78.064. Returns; Effect of Election

Sec. 78.064.  RETURNS;  EFFECT OF ELECTION.  (a)  After the election, the board shall:
(1)  canvass the returns of the election;  and
(2)  enter an order declaring the result of the election.
(b)  If a majority of votes are cast against the dissolution of the district, another election on the proposition may not be held within 12 months after the date of the election.
(c)  If a majority of votes are cast for the dissolution of the district, the board shall enter an order declaring the district dissolved.
Acts 1981, 67th Leg., p. 1217, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter F. Dissolution of District › Section 78.065. Dissolution

Sec. 78.065.  DISSOLUTION.  (a)  After a dissolution order has been issued, the board may not exercise any power except to terminate the affairs of the district.
(b)  If at the time of dissolution the district does not have sufficient funds to pay claims against the district and if annual assessments already imposed are insufficient to pay the claims, the board may impose and collect further annual assessments in an amount necessary to pay the claims.
(c)  If at the time of dissolution there are no claims against the district, the board shall pay any remaining funds to the treasuries of the counties located in the district.  Each county shall deposit the funds received to the credit of the general fund of the county.  The amount of the payment to each county must be in the same proportion as the area of the county is to the total area of the district.
Acts 1981, 67th Leg., p. 1217, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 78 - Noxious Weed Control Districts › Subchapter G. Annual Review to Exclude Land in Crosby County › Section 78.071. Annual Review

Sec. 78.071.  ANNUAL REVIEW.  (a)  The Commissioners Court of Crosby County shall establish a regular time once every calendar year to review petitions for excluding land from the district.
(b)  The Commissioners Court of Crosby County shall publish notice of the hearing once a week for two consecutive weeks in one or more newspapers with general circulation in the district.  The first publication shall appear at least 15 days and not more than 40 days before the date of the hearing.
(c)  The notice shall advise all persons eligible to sign a petition under this chapter of their right to present petitions for exclusions and offer evidence in support of the petition and their right to contest any proposed exclusions based on either a petition or the court's own conclusions.
(d)  A person eligible to sign a petition under this chapter within the district may file a petition with the commissioners court requesting that land be excluded from the district.  A petition for exclusion shall be filed with the court at least 10 days before the date of the hearing and shall state clearly the reasons why the land will not benefit from inclusion in the district.
(e)  After considering all evidence presented to it, if the commissioners court finds that the land described in a petition for exclusion does not benefit from inclusion in the district, the court shall declare the land excluded and shall redefine the boundaries of the district accordingly.
(f)  The owner of the excluded land is not exempt from liability for any amounts due to the district prior to exclusion of the land.
(g)  Land excluded from the district under this section may be included in the district at a later time after petition, notice, and hearing as provided in this section for exclusion of land from the district.
Acts 1981, 67th Leg., p. 1218, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 79 - Interstate Pest Control Compact › Section 79.001. Definitions

Sec. 79.001.  DEFINITIONS.  In this chapter:
(1)  "Compact" means the Interstate Pest Control Compact.
(2)  "Executive head" as used in the compact, with reference to this state, means the governor.
Added by Acts 2005, 79th Leg., Ch. 188 (H.B. 774), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 79 - Interstate Pest Control Compact › Section 79.002. Filing of Bylaws

Sec. 79.002.  FILING OF BYLAWS.  Under Article IV(h) of the compact, copies of the bylaws adopted by the governing board and amendments to the bylaws must be filed with the commissioner.
Added by Acts 2005, 79th Leg., Ch. 188 (H.B. 774), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 79 - Interstate Pest Control Compact › Section 79.003. Compact Administrator

Sec. 79.003.  COMPACT ADMINISTRATOR.  The commissioner is the compact administrator for this state.
Added by Acts 2005, 79th Leg., Ch. 188 (H.B. 774), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 79 - Interstate Pest Control Compact › Section 79.004. Cooperation With Pest Control Insurance Fund

Sec. 79.004.  COOPERATION WITH PEST CONTROL INSURANCE FUND.  Consistent with other law and using funds appropriated for the purpose, the state may cooperate with the insurance fund established by the compact.
Added by Acts 2005, 79th Leg., Ch. 188 (H.B. 774), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 79 - Interstate Pest Control Compact › Section 79.005. Request for Assistance

Sec. 79.005.  REQUEST FOR ASSISTANCE.  The commissioner may request or apply for assistance from the insurance fund established by the compact, as provided by Article VI(b) or VIII(a) of the compact.
Added by Acts 2005, 79th Leg., Ch. 188 (H.B. 774), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 79 - Interstate Pest Control Compact › Section 79.006. Disposition of Certain Money

Sec. 79.006.  DISPOSITION OF CERTAIN MONEY.  A department or agency that expends or becomes liable for an expenditure due to a control or eradication program undertaken or intensified under the compact shall have credited to the department or agency account in the state treasury the amount of any payment made to the state to defray the cost of the program or to reimburse the state.
Added by Acts 2005, 79th Leg., Ch. 188 (H.B. 774), Sec. 1, eff. September 1, 2005.
2023 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 80.001. Findings and Declaration of Policy

Sec. 80.001.  FINDINGS AND DECLARATION OF POLICY.  (a)  The legislature finds that:
(1)  citrus pests and diseases, including the insect known as the Asian citrus psyllid and the disease known as citrus greening, are public nuisances and menaces to the citrus industry, and their control and suppression is a public necessity;
(2)  because of the natural migration patterns of citrus pests and the contagious nature of citrus diseases, the control and suppression of the nuisance can best be accomplished by dividing the commercial citrus-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 citrus producers who would be represented on the board of the entity by directors elected by them to manage control and suppression programs and to furnish expertise in the field of disease and insect control and suppression, because such an entity would enhance the interest and participation of citrus producers in the program;
(4)  citrus producers, in partnership with the state and federal governments, have made significant investments toward the suppression of these pests and disease in this state; and
(5)  it is essential to the well-being of the citrus industry and the agricultural economy of this state that the investments of the citrus producers and the state and federal governments be protected.
(b)  It is the intent of the legislature that the program of control and suppression of citrus pests and diseases be carried out with the best available integrated pest management techniques.
(c)  The department may recover costs for administration of this chapter.
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. 1, eff. September 1, 2015.
2023 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 80.002. Designation of Entity to Carry Out Citrus Pest and Disease Control and Suppression

Sec. 80.002.  DESIGNATION OF ENTITY TO CARRY OUT CITRUS PEST AND DISEASE CONTROL AND SUPPRESSION.  (a)  The Texas Citrus Pest and Disease Management Corporation, Inc., a Texas nonprofit corporation, shall be recognized by the department as the entity to plan, carry out, and operate suppression programs to manage and control pests and diseases, including the Asian citrus psyllid and citrus greening, in citrus plants in the state under the supervision of the department as provided by this chapter.
(b)  The commissioner may terminate the corporation's designation as the entity recognized to carry out citrus pest and disease control and management by giving 45 days' written notice to the corporation and by designating a successor entity.  If the commissioner designates a successor to the corporation, the successor has all the powers and duties of the corporation under this chapter.  Any successor to the corporation 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 corporation with or for the benefit of any financial institution or its predecessor, successor, or assignee.
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. 2, eff. September 1, 2015.
2023 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 80.004. Advisory Committees

Sec. 80.004.  ADVISORY COMMITTEES.  (a)  The commissioner may appoint an advisory committee for an existing pest management zone or an area of the state that is to be considered by the commissioner for designation as or inclusion in a pest management zone.  The committee shall gather advice, input, and guidance from citrus producers from the area represented by the committee concerning the interest in and concerns about the implementation of this chapter.
(b)  Each advisory committee may consider and make recommendations to the commissioner and the corporation concerning:
(1)  the geographic boundaries for a proposed pest management zone;
(2)  the amount of local interest in operating a suppression program;
(3)  the basis and amount of an assessment necessary to support a suppression program;
(4)  ongoing implementation of a suppression program approved by growers in a pest management zone; and
(5)  any other matter requested by the commissioner or the corporation.
(c)  Each advisory committee appointed under this section must include a sufficient number of citrus producers to ensure adequate representation across the pest management zone and other persons as determined by the commissioner.
(d)  An advisory committee established under this section is subject to Chapters 551 and 552, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
2023 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 80.005. Creation of Pest Management Zones

Sec. 80.005.  CREATION OF PEST MANAGEMENT ZONES.  (a)  The commissioner by rule may designate an area of this state as a proposed pest management zone.
(b)  The commissioner may hold a public hearing in the proposed pest management zone to discuss the proposed geographic boundaries of the zone.  The public hearing may include any other topic allowed under this chapter.
(c)  After the adoption of a rule under Subsection (a), the commissioner shall conduct a referendum under Section 80.006.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
2023 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 80.006. Pest Management Zone Referenda

Sec. 80.006.  PEST MANAGEMENT ZONE REFERENDA.  (a)  The commissioner shall conduct a referendum in each proposed pest management zone to determine whether citrus producers want to establish a pest management zone.
(b)  Pest management zone referenda shall be conducted under the procedures provided by Section 80.016.
(c)  A proposed pest management zone referendum ballot must include or be accompanied by information about the proposed pest management zone, including:
(1)  a statement of the purpose of the pest suppression program;
(2)  the geographic area included in the proposed pest management zone;
(3)  a general summary of rules adopted by the commissioner under Sections 80.016, 80.020, and 80.022, including a description of:
(A)  citrus producer responsibilities; and
(B)  penalties for noncompliance with rules adopted under this chapter; and
(4)  an address and toll-free telephone number that a citrus producer may use to request more information about the referendum or the pest suppression program.
(d)  If a referendum to establish a pest management zone is not approved, the concurrent election of a board member from the proposed pest management zone under Section 80.007 has no effect, and the commissioner shall appoint a representative to the board from the area.
(e)  The corporation may request the commissioner to call additional referenda in a proposed pest management zone in which a referendum has not been approved.  An additional pest management zone referendum and concurrent board election may not be held before the first anniversary of the date of the preceding referendum.
(f)  After the approval of any referendum, the eligible voters shall be allowed, by subsequent referenda, to vote on whether to continue their assessments.  The requirements for an initial referendum must be complied with in a subsequent referendum.
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. 4, eff. September 1, 2015.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.