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 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 74 - Cotton Diseases and Pests › Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation › Section 74.116. Exemption From Assessment Penalties

Sec. 74.116.  EXEMPTION FROM ASSESSMENT PENALTIES.  (a)  The commissioner by rule shall adopt criteria for exemption from payment of assessment penalties under Section 74.115 of this code a cotton grower for whom payment would impose an undue financial burden.
(b)  A cotton grower may not qualify for an exemption under this section for a year in which the amount computed by subtracting the assessments and penalties due under this subchapter from the cotton grower's net income subject to federal income taxation in the previous year is greater than $15,000.
(c)  A cotton grower who applies for an exemption under this section must use a form prescribed by the commissioner.  A cotton grower must file a separate application form for each year for which the cotton grower claims an exemption.
(d)  The commissioner may establish a payment plan for a cotton grower applying for an exemption under this section.
(e)  The commissioner shall promptly notify an applicant of the determination regarding the applicant's request for an exemption.
(f)  If an exemption under this section is denied, assessments and penalties for the year for which the application is made are due on the later of:
(1)  the date on which they would be due in the absence of an application for exemption;  or
(2)  30 days after the date the applicant receives notice of the denial.
(g)  In addition to the authority provided under Subsections (a)-(f), the commissioner may reduce or waive assessment penalties as appropriate and necessary.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 227, Sec. 12, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 463, Sec. 1.18, eff. May 30, 1997.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 74 - Cotton Diseases and Pests › Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation › Section 74.117. Entry of Premises; Eradication Activities; Inspections

Sec. 74.117.  ENTRY OF PREMISES;  ERADICATION ACTIVITIES;  INSPECTIONS.  The department, the foundation, or a designated representative of either entity may enter cotton fields or other premises to carry out the purposes of this subchapter and Subchapters A and B of this chapter, which include the treatment and monitoring of growing cotton or other host plants.  The department, the foundation, or a designated representative of either entity may inspect fields or premises in this state for the purpose of determining whether the property is infested with the boll weevil or the pink bollworm.  An inspection must be conducted during reasonable daylight hours.  The department shall give notice by publication of the planned schedule of dates for entry by the department, the foundation, or a designated representative of either entity, to the fields or premises to carry out the purposes of this subchapter, including treatment, monitoring, or inspection functions.  The department shall publish notice of the planned schedule to enter the fields or premises in a newspaper of general circulation in the eradication zone not less than once a week for two weeks immediately before the scheduled dates of entry.  In addition to the notice published by the department, the foundation shall post notice of the planned schedule to enter fields or premises to carry out the purposes of this subchapter at the county courthouse of each county in the eradication zone not less than 15 days before the planned dates of entry.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 227, Sec. 13, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 463, Sec. 1.19, eff. May 30, 1997.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 74 - Cotton Diseases and Pests › Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation › Section 74.118. Authority to Prohibit Planting of Cotton and Require Participation in Eradication Program

Sec. 74.118.  AUTHORITY TO PROHIBIT PLANTING OF COTTON AND REQUIRE PARTICIPATION IN ERADICATION PROGRAM.  (a)  The commissioner may adopt reasonable rules regarding areas where cotton may not be planted in an eradication zone if there is reason to believe planting will jeopardize the success of the program by making treatment impracticable or present a hazard to public health or safety.
(b)  The commissioner may adopt rules relating to noncommercial cotton located in eradication zones and requiring that all growers of commercial cotton in an eradication zone participate in a boll weevil or pink bollworm eradication program that includes cost sharing as required by the rules.
(c)  Notice of prohibitions and requirements shall be given by publication for one day each week for three successive weeks in a newspaper having general circulation in the affected area.
(d)  The commissioner may adopt a reasonable schedule of penalty fees to be assessed against growers in a designated eradication zone who do not meet the requirements of the rules issued by the commissioner relating to reporting of acreage and participation in cost sharing.  The penalty fees adopted may not exceed $50 per acre.
(e)  If a grower fails to meet the requirements of rules adopted by the commissioner, the commissioner may order the destruction of cotton not in compliance with the rules.  Costs incurred by the commissioner in the destruction of cotton may be assessed against the grower.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 227, Sec. 14, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 463, Sec. 2.07, eff. May 30, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 178 (H.B. 1580), Sec. 6, eff. May 27, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 74 - Cotton Diseases and Pests › Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation › Section 74.119. Authority for Destruction or Treatment of Cotton in Eradication Zones; Compensation Payable

Sec. 74.119.  AUTHORITY FOR DESTRUCTION OR TREATMENT OF COTTON IN ERADICATION ZONES; COMPENSATION PAYABLE.  (a)  The department shall destroy or treat hostable volunteer or other hostable noncommercial cotton and establish procedures for the purchase and destruction of commercial cotton in eradication zones if the department determines the action is necessary to carry out the purposes of this subchapter.  The department is not liable to the owner or lessee for the destruction of or injury to any cotton that was planted in an eradication zone after publication of notice as provided by this subchapter.  The foundation is liable for the destruction of cotton if the cotton was planted in an eradication zone before publication of the notice.
(b)  Not later than January 1, 2010, the department shall adopt rules providing for the regulation and control of volunteer and other noncommercial cotton in pest management zones.  At a minimum, the rules must:
(1)  provide a grower or landowner with a period of time in which the grower or owner is required to destroy hostable volunteer or other hostable noncommercial cotton on receipt of a notice from the department; and
(2)  allow the department or a person designated by the department:
(A)  to monitor and treat hostable volunteer or other hostable noncommercial cotton that is located in a crop field for boll weevil infestation if the grower or landowner does not destroy the cotton in compliance with the notice from the department; and
(B)  to destroy hostable volunteer or other hostable noncommercial cotton that is not in a crop field, as provided by Section 74.004.
(c)  If a grower or landowner does not destroy hostable volunteer or other hostable noncommercial cotton as required by Subsection (b)(1), the grower or owner shall pay to the department a volunteer cotton fee in an amount determined by the department.  A fee under this subsection:
(1)  may be assessed only on acreage where hostable volunteer or other hostable noncommercial cotton is located;
(2)  may not be less than one-half the amount the grower or owner would owe if the entire acreage were planted with cotton; and
(3)  shall be deposited to the credit of the hostable cotton fee account established by Section 74.0032.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 463, Sec. 2.08, eff. May 30, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 178 (H.B. 1580), Sec. 7, eff. May 27, 2009.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 74 - Cotton Diseases and Pests › Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation › Section 74.120. Authority to Adopt Rules

Sec. 74.120.  AUTHORITY TO ADOPT RULES.  (a)  The commissioner shall adopt rules to protect individuals, livestock, wildlife, and honeybee colonies on any premises in an eradication zone on which cotton plants are being grown that have been or are being treated to eradicate the boll weevil or the pink bollworm.
(b)  Rules adopted under this section shall establish the criteria by which the foundation develops its procedures and methods of treatment, which shall:
(1)  establish a methodology for determining when boll weevil or pink bollworm population levels have reached economic significance;
(2)  establish an effective treatment regimen that seeks to provide the least possible risk to workers, the public, and the environment;
(3)  minimize the effects of the use of pesticides on long-term control methods, including but not limited to the effect a particular pesticide may have on biological controls;
(4)  establish methods for monitoring boll weevils, pink bollworms, and secondary pests;
(5)  establish methods for verifying pesticide use reduction;  and
(6)  consider the acute and chronic toxicity of particular pesticides and the quantity of particular pesticides needed.  Eradication zone treatment plans may take into account the potential for the use of smaller quantities of more toxic substances to result in fewer health and environmental risks than larger quantities of less toxic substances.
(c)  The commissioner may adopt other reasonable rules necessary to carry out the purposes of this subchapter and Subchapters A and B of this chapter.  All rules issued under this subchapter must be adopted and published in accordance with state requirements.
(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 56(6), eff. September 1, 2021.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.02, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 463, Sec. 1.20, 2.09, eff. May 30, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 56(6), eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 74 - Cotton Diseases and Pests › Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation › Section 74.121. Reports

Sec. 74.121.  REPORTS.  Each person in an active eradication zone growing cotton in this state shall furnish to the foundation on forms supplied by the foundation information that the foundation requires concerning the size and location of all commercial cotton fields and of noncommercial patches of cotton grown for ornamental or other purposes.  The foundation may provide an incentive for early and timely reporting.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 463, Sec. 1.21, eff. May 30, 1997.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 74 - Cotton Diseases and Pests › Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation › Section 74.122. Quarantine

Sec. 74.122.  QUARANTINE.  (a)  The department may adopt rules relating to quarantining areas of this state that are infested with the boll weevil or the pink bollworm.  The rules must address the storage of regulated articles and the movement of regulated articles into and out of a quarantined area.  The department may also adopt rules governing the movement of regulated articles from other states into this state if the articles are known to be infested with the boll weevil or the pink bollworm.
(b)  The department shall adopt rules to prohibit the movement of cotton and regulated articles from an area infested with the boll weevil if the area is not participating in the boll weevil eradication program under this subchapter.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 227, Sec. 16, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 463, Sec. 2.10, eff. May 30, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 577 (S.B. 818), Sec. 3, eff. June 14, 2013.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 74 - Cotton Diseases and Pests › Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation › Section 74.123. Documenting Regulated Articles

Sec. 74.123.  DOCUMENTING REGULATED ARTICLES.  To implement this subchapter, the department may issue or authorize issuance of:
(1)  a certificate that indicates that a regulated article is not infested with the boll weevil or the pink bollworm;  and
(2)  a permit that provides for the movement of a regulated article to a restricted designation for limited handling, use, or processing.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 227, Sec. 17, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 463, Sec. 2.11, eff. May 30, 1997.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 74 - Cotton Diseases and Pests › Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation › Section 74.124. Cooperative Programs Authorized

Sec. 74.124.  COOPERATIVE PROGRAMS AUTHORIZED.  (a)  The foundation may carry out programs to destroy and eliminate the boll weevil and the pink bollworm in this state by cooperating through written agreements, as approved by the commissioner, with:
(1)  an agency of the federal government;
(2)  a state agency;
(3)  an appropriate agency of a foreign country contiguous to the affected area to the extent allowed by federal law;
(4)  a person who is engaged in growing, processing, marketing, or handling cotton;
(5)  a group of persons in this state involved in similar programs to carry out the purposes of this subchapter;
(6)  an appropriate state agency of another state contiguous to the affected area, to the extent allowed by federal law, the law of the contiguous state, and the law of this state; or
(7)  an appropriate association of cotton producers or boll weevil foundations in more than one state, for the purpose of facilitating cooperation with and funding assistance to this state to protect against reinfestation with the boll weevil.
(b)  An agreement entered into under this section may provide for cost sharing and for division of duties and responsibilities under this subchapter and may include other provisions to carry out the purposes of this subchapter.
(c)  Agreements under Subsections (a)(4)-(5) must be approved in each referendum required under this subchapter other than a referendum to discontinue an eradication program.  The agreements must be approved by the same margin as required in the retention referendum.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 227, Sec. 18, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 463, Sec. 1.22, 2.12, eff. May 30, 1997;  Acts 2001, 77th Leg., ch. 168, Sec. 3, eff. May 18, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 577 (S.B. 818), Sec. 4, eff. June 14, 2013.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 74 - Cotton Diseases and Pests › Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation › Section 74.125. Organic Cotton Growers

Sec. 74.125.  ORGANIC COTTON GROWERS.  (a)  The commissioner shall develop rules and procedures to:
(1)  protect the eligibility of organic cotton growers to be certified by the commissioner;
(2)  ensure that organic and transitional certification by the commissioner continue to meet national certification standards in order for organic cotton to maintain international marketability;  and
(3)  in all events maintain the effectiveness of the boll weevil or pink bollworm eradication program administered under this subchapter.
(b)  The board may not treat or require treatment of organic cotton fields with chemicals that are not approved for use on certified organic cotton.  Plow-up may be required as an alternative to chemicals.  Rules adopted under Subsection (a) may provide indemnity for the organic cotton growers for reasonable losses that result from a prohibition of production of organic cotton or from any requirement of destruction of organic cotton.  If time is reasonably available for the production of an economically feasible alternative crop, the board may require mitigation of losses with the production of an alternative crop.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 227, Sec. 19, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 463, Sec. 1.23, eff. May 30, 1997.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 74 - Cotton Diseases and Pests › Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation › Section 74.126. Penalties

Sec. 74.126.  PENALTIES.  (a)  A person who violates this subchapter or a rule adopted under this subchapter or who alters, forges, counterfeits, or uses without authority a certificate, permit, or other document issued under this subchapter or under a rule adopted under this subchapter commits an offense.
(b)  An offense under this section is a Class C misdemeanor.
(c)  If the commissioner determines that a violation of this subchapter or a rule adopted under this subchapter has occurred, the commissioner may request that the attorney general or the county or district attorney of the county in which the alleged violation occurred or is occurring file suit for civil, injunctive, and/or other appropriate relief.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 463, Sec. 1.24, 2.13, eff. May 30, 1997.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 74 - Cotton Diseases and Pests › Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation › Section 74.127. Sunset Provision

Sec. 74.127.  SUNSET PROVISION.  (a)  The board of directors of the official cotton growers' boll weevil eradication foundation is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the board is abolished September 1, 2035.
(b)  The commissioner may order the dissolution of the foundation at any time the commissioner determines that the purposes of this subchapter have been fulfilled or that the foundation is inoperative and abandoned.  Dissolution shall be conducted in accordance with Section 74.112 of this code.
(c)  If the foundation is abolished or the program discontinued for any reason, assessments approved, levied, or otherwise collectible on the date of abolishment remain valid as necessary to pay the financial obligations of the foundation.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 227, Sec. 21, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 463, Sec. 2.14, eff. May 30, 1997;  Acts 1997, 75th Leg., ch. 1169, Sec. 2.01, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1449, Sec. 3.02, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1227 (H.B. 1116), Sec. 3.03, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 928 (H.B. 3249), Sec. 2.03, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 178 (H.B. 1580), Sec. 8, eff. May 27, 2009.
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 24, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 3.02, eff. June 18, 2023.
2023 Texas Statutes › Agriculture Code › Title 5 - Production, Processing, and Sale of Horticultural Products › Subtitle B - Horticultural Diseases and Pests › Chapter 74 - Cotton Diseases and Pests › Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation › Section 74.128. Annual Report

Sec. 74.128.  ANNUAL REPORT.  The board shall issue to the commissioner and the appropriate oversight committee in the house of representatives an annual report detailing its efforts to carry out the purposes of this subchapter.
Added by Acts 1997, 75th Leg., ch. 463, Sec. 1.25, eff. May 30, 1997.
2023 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 74.129. Exemption From Lawsuits, Liability, Taxation, and Legal Process

Sec. 74.129.  EXEMPTION FROM LAWSUITS, LIABILITY, TAXATION, AND LEGAL PROCESS.  The legislature recognizes that the foundation, acting under the supervision and control of the commissioner, is carrying out an important governmental function and that therefore the foundation, as a quasi-governmental entity, must be immune from lawsuits and liability except to the extent provided in Chapter 101, Civil Practice and Remedies Code, and as provided by this section.  Therefore, no claims may be brought or continued against the foundation except:  (1) claims allowed by Chapter 101, Civil Practice and Remedies Code;  and (2) claims pending against the foundation on April 30, 1997, plus attorney's fees and costs of court.  With the exception of finally adjudicated claims arising from Chapter 101, Civil Practice and Remedies Code, and claims for assessments, attorney's fees, and costs of court paid by named plaintiffs in lawsuits pending on or before April 30, 1997, all payments, contributions, funds, and assessments received or held by the foundation under this subchapter are exempt from garnishment, attachment, execution, or other seizure and from state and local taxation, levies, sales, and any other process and are unassignable.  Nothing in this section shall affect or impair any existing or future indebtedness or any existing or future security interest created under a note, security agreement, assignment, or other loan agreement between the foundation and a lender or any judgment, to the extent such judgment allows recovery against the foundation pursuant to a note, security agreement, loan agreement, or other document.
Added by Acts 1997, 75th Leg., ch. 463, Sec. 1.25, eff. May 30, 1997.
2023 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 74.130. Use of Bio-Intensive Controls

Sec. 74.130.  USE OF BIO-INTENSIVE CONTROLS.  (a)  The commissioner shall develop and adopt rules to allow a cotton grower in an eradication program to use biological, botanical, or other non-synthetic pest control methods.  In developing the rules, the commissioner shall consider:
(1)  scientific studies and field trials of the effectiveness of a proposed alternative control method;
(2)  the feasibility of using a proposed alternative control technique within a particular region;
(3)  the degree of monitoring necessary to establish the success of the use of a proposed alternative control;  and
(4)  methods to prevent the use of substances that would impede the use of alternative controls and the promotion of beneficial insect populations.
(b)  A cotton grower that chooses to use an alternative method of control as provided in Subsection (a) shall notify the board.  The board and the cotton grower shall coordinate their actions to prevent the use of substances that would impede the use of alternative controls and the promotion of beneficial insect populations.
(c)  The cotton grower shall pay any additional cost of bio-intensive control in addition to any assessment.
Added by Acts 1997, 75th Leg., ch. 463, Sec. 1.25, eff. May 30, 1997.
2023 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 74.131. Venue

Sec. 74.131.  VENUE.  (a)  Venue for an action arising out of this subchapter in which the foundation is a party is in Travis County.
(b)  This section does not expand the liability of the foundation beyond the liability provided under Section 74.129.
Added by Acts 1999, 76th Leg., ch. 286, Sec. 5, eff. May 29, 1999.
2023 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 74.132. Complaints

Sec. 74.132.  COMPLAINTS.  (a)  The foundation shall maintain a system to promptly and efficiently act on complaints filed with the foundation.  The foundation shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.
(b)  The foundation shall make information available describing its procedures for complaint investigation and resolution.
(c)  The foundation shall periodically notify the complaint parties of the status of the complaint until final disposition unless the notice would jeopardize an investigation.
Added by Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 25, eff. September 1, 2021.
2023 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 E. Cost-Sharing for Boll Weevil Eradication › Section 74.151. Definitions

Sec. 74.151.  DEFINITIONS.  In this subchapter:
(1)  "Boll weevil" and "pink bollworm" have the meanings assigned by Section 74.002.
(2)  "Commissioner" has the meaning assigned by Section 74.102.
Added by Acts 1999, 76th Leg., ch. 127, Sec. 1, eff. May 20, 1999.
2023 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 E. Cost-Sharing for Boll Weevil Eradication › Section 74.152. Creation of Cost-Sharing Program

Sec. 74.152.  CREATION OF COST-SHARING PROGRAM.  As part of the program to eradicate the boll weevil and the pink bollworm under this chapter, a cost-sharing program is created to be administered under this chapter and rules adopted by the commissioner.
Added by Acts 1999, 76th Leg., ch. 127, Sec. 1, eff. May 20, 1999.
2023 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 E. Cost-Sharing for Boll Weevil Eradication › Section 74.153. Cost-Sharing Program Requirements

Sec. 74.153.  COST-SHARING PROGRAM REQUIREMENTS.  (a)  The commissioner may contract to obtain boll weevil eradication services for the state with the entity named under Section 74.1011.
(b)  The department may spend money under the cost-sharing program only in a zone in which:
(1)  a boll weevil eradication project under this chapter is active;  or
(2)  boll weevil eradication has been declared complete by the United States Department of Agriculture or its designee.
Added by Acts 1999, 76th Leg., ch. 127, Sec. 1, eff. May 20, 1999.
2023 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 F. Maintenance Program for Boll Weevil and Pink Bollworm Eradication › Section 74.201. Definitions

Sec. 74.201.  DEFINITIONS.  The definitions provided by Section 74.102 apply to this subchapter.
Added by Acts 2005, 79th Leg., Ch. 119 (S.B. 1428), Sec. 3, 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 74 - Cotton Diseases and Pests › Subchapter F. Maintenance Program for Boll Weevil and Pink Bollworm Eradication › Section 74.202. Maintenance Areas

Sec. 74.202.  MAINTENANCE AREAS.  (a)  On the request of the foundation and affected cotton grower steering committees, the commissioner by rule may designate boll weevil and pink bollworm eradication maintenance areas for the continued protection of the cotton industry.  To the extent practicable, and to the extent consistent with Subsection (b), maintenance areas must follow the lines of existing eradication zones.  Contiguous eradication zones eligible for inclusion in a maintenance area may be included in the same maintenance area.  Additional counties not previously included in an eradication zone may be added to maintenance areas to prevent reinfestation or otherwise support the eradication efforts of the state on request of the foundation, if the county is contiguous with a maintenance area.
(b)  An eradication zone is eligible for inclusion in a maintenance area if:
(1)  the commissioner determines that the boll weevil has been functionally eradicated in that zone;
(2)  the zone has satisfied any debt owed to the foundation;
(3)  the cotton grower steering committee has been consulted regarding the inclusion of the zone in a maintenance area; and
(4)  the foundation requests the inclusion of the zone in a maintenance area.
(c)  To the extent consistent with this subchapter, Subchapter D applies to the activities of the department and foundation under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 119 (S.B. 1428), Sec. 3, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 577 (S.B. 818), Sec. 5, eff. June 14, 2013.
2023 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 F. Maintenance Program for Boll Weevil and Pink Bollworm Eradication › Section 74.203. Maintenance Fees

Sec. 74.203.  MAINTENANCE FEES.  (a)  The commissioner by rule may impose a maintenance fee on all cotton grown or on all cotton acres in a maintenance area.
(b)  The maintenance fee must be collected on a per-acre or per-bale basis at a rate to be set by the commissioner after receiving a recommendation from the board.  The board shall consult with cotton grower steering committees in formulating a recommendation to the commissioner under this subsection.  The commissioner may accept, reject, or modify a board recommendation.
(c)  The commissioner by rule may determine the method, manner, and mechanism by which maintenance fees are collected, including provisions for collection at central points in the cotton marketing process.  The rules must provide for the fee collector to forward maintenance fees to the credit of the foundation.
(d)  The amount of the maintenance fee must be based on:
(1)  the number of cotton acres in a maintenance area;
(2)  the potential for reinfestation from outside the maintenance area;
(3)  the growing season;
(4)  epidemiology;
(5)  historical weather conditions;
(6)  the expected costs of the maintenance program; and
(7)  the need for an adequate reserve to respond to potential reinfestations in a rapid, effective manner.
(e)  The department shall hold one or more hearings regarding the amount and collection methods of a maintenance fee to be imposed under this section.
(f)  Maintenance fees collected under this section are not state funds.
Added by Acts 2005, 79th Leg., Ch. 119 (S.B. 1428), Sec. 3, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 577 (S.B. 818), Sec. 6, eff. June 14, 2013.
2023 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 F. Maintenance Program for Boll Weevil and Pink Bollworm Eradication › Section 74.2035. Transfer of Funds Between Eradication Zones and Maintenance Areas

Sec. 74.2035.  TRANSFER OF FUNDS BETWEEN ERADICATION ZONES AND MAINTENANCE AREAS.  Notwithstanding any provision of this subchapter or Subchapter D, with the approval of the board and the commissioner, the foundation may transfer funds, including the proceeds from the collection of assessments or maintenance fees, between active eradication zones and maintenance areas as needed to fulfill the purposes of this subchapter and Subchapter D.  The board shall consult with affected cotton grower steering committees before recommending that the commissioner approve the transfer of funds under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 577 (S.B. 818), Sec. 7, eff. June 14, 2013.