reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter B - ELECTION OR REFERENDUM PROCEDURES › Section 27.209 - Payment of Zone Debt upon Discontinuation

Current through Reg.
				  49, No. 28; July 12, 2024
Citrus producers may vote in a referendum to discontinue
					 the suppression program in a zone under §80.014 of the Code. If a
					 proposition is approved, the suppression program is abolished and the pest
					 management zone ceases to exist on payment of all debts of the pest management
					 zone. Assessments shall continue annually on any producer planting citrus in
					 the zone in subsequent years until all debts of the pest management zone are
					 paid.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter B - ELECTION OR REFERENDUM PROCEDURES › Section 27.210 - Petitions to Add an Area or County to an Existing Pest Management Zone or to Transfer an Area or County in One Pest Management Zone to Another Pest Management Zone

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Parties wishing
				  to petition for addition or movement into an existing pest management zone
				  shall notify the Commissioner of their intent in writing. The petition shall
				  include:
(1) a geographic description of the
				  proposed area to be added or moved;
(2) information sufficient for the
				  Commissioner to determine whether or not citrus production has begun or could
				  begin in the proposed area;
(3)
				  information sufficient for the Commissioner to determine whether or not the
				  proposed area is adjacent to a pest management zone or is in an area with
				  biological characteristics similar to the pest management zone to which the
				  area is requesting to be added or moved; and
(4) any other pertinent information on the
				  zone to which the area would be moved or added.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter B - ELECTION OR REFERENDUM PROCEDURES › Section 27.211 - Petition for Discontinuation Referendum

Current through Reg.
				  49, No. 28; July 12, 2024
(a) Parties wishing to petition for a
				  discontinuation referendum in an existing pest management zone shall notify the
				  Commissioner of their intent in writing.
(b) The Department shall provide a petition
				  form for request for discontinuation. The completed form must include:
(1) certification by the person signing the
				  petition that he or she is an eligible citrus producer in the zone by having
				  citrus production or sharing in the proceeds of citrus production in the
				  current crop year;
(2) the complete
				  name and address of the eligible citrus producer or entity;
(3) a legible signature of the person with
				  authority to sign for the person or entity; and
(4) the date signed.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter C - REQUIREMENT FOR PARTICIPATION IN THE SUPPRESSION PROGRAM AND ADMINISTRATIVE PENALTY › Section 27.301 - Requirement for Program Participation

Current through Reg. 49,
				  No. 28; July 12, 2024
(a) All citrus producers within a pest
				  management zone are required to participate in the suppression program approved
				  by producers in a referendum for that zone.
(b) Participation in the suppression program
				  includes:
(1) timely reporting to the
				  Corporation, as specified in subsection (c) or (d) of this section, of all
				  information regarding all commercial and noncommercial citrus and of all citrus
				  grown for ornamental, research, or any other purposes as provided in
				  §80.023 of the Code;
(2)
				  payment of the assessment in the amount and manner established and approved for
				  that pest management zone; and
(3)
				  compliance with any rules or procedures established by the Department or the
				  Corporation for implementation of the suppression program in that pest
				  management zone.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter C - REQUIREMENT FOR PARTICIPATION IN THE SUPPRESSION PROGRAM AND ADMINISTRATIVE PENALTY › Section 27.302 - Notice of Requirement for Participation

Current through Reg.
				  49, No. 28; July 12, 2024
(a) After passage of a referendum
				  establishing a suppression program and maximum assessment and/or upon adoption
				  of any new requirements by the Department and/or the Corporation, a notice of
				  the requirements to participate in the suppression program shall be published
				  by the Corporation in a newspaper having general circulation within the
				  affected zone or zones for one day each week for three successive
				  weeks.
(b) The notice required by
				  subsection (a) of this section shall include any requirements for timely
				  reporting of acreage to the Corporation, compliance with regulations of the
				  Department, and payment of the assessment established and approved for that
				  pest management zone.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter C - REQUIREMENT FOR PARTICIPATION IN THE SUPPRESSION PROGRAM AND ADMINISTRATIVE PENALTY › Section 27.303 - Penalties for Non-Payment of Assessment and Failure to Timely Report Acreage

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Upon receiving
				  notice from the Corporation that a producer has failed to timely pay an
				  assessment in the amount and manner established for that pest management zone,
				  the Department may assess an administrative penalty against the
				  producer.
(b) Upon receiving notice
				  from the Corporation that a producer has failed to timely report to the
				  Corporation information regarding acreage and location of all citrus groves and
				  of noncommercial citrus grown for ornamental, research, or other purposes as
				  provided by §
										RSA
				  27.301 of this title (relating to Requirement
				  for Program Participation), the Department may assess an administrative penalty
				  against the producer. A penalty assessed for failure to timely report acreage
				  shall not exceed $50 per acre.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter C - REQUIREMENT FOR PARTICIPATION IN THE SUPPRESSION PROGRAM AND ADMINISTRATIVE PENALTY › Section 27.304 - Appeal of Penalty Assessment

Current through Reg. 49, No.
				  28; July 12, 2024
(a)
				  The Department shall issue a notice of violation to each person against whom
				  the Department has proposed to assess a penalty under §
										RSA
				  27.303 of this title (relating to Penalties
				  for Non-Payment of Assessment and Failure to Timely Report Acreage). The notice
				  of violation, with attachments, shall include a brief statement of the matters
				  alleged, the amount of the recommended penalty, the date on which the penalty
				  will be assessed, the dates and amounts of any penalty increases in accordance
				  with the Department's penalty matrix, and the right of the person charged to
				  request a hearing.
(b) A person
				  against whom a penalty has been assessed may accept the determination of the
				  Department, including the recommended penalty, or may protest the determination
				  and request a hearing. A notice of protest and request for hearing may be filed
				  with the Texas Department of Agriculture, P.O. Box 12847, Austin, Texas
				  78711.
(c) If the person accepts
				  the determination of the Department, the Commissioner shall issue an order
				  approving the determination and ordering payment of the penalty.
(d) If the person protests the determination
				  of the Department and requests a hearing, or fails to respond to the Notice of
				  Violation, a hearing on the matter shall be provided and conducted in
				  accordance with the procedures provided for contested cases in the Texas
				  Administrative Procedure Act, Government Code, Chapter 2001, Chapter 1 of this
				  title (relating to General Procedures), and 1 TAC Chapter 155 (Rules of
				  Procedure of the State Office of Administrative Hearings).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter C - REQUIREMENT FOR PARTICIPATION IN THE SUPPRESSION PROGRAM AND ADMINISTRATIVE PENALTY › Section 27.305 - Application for Exemption from Assessment Penalty

Current through
				  Reg. 49, No. 28; July 12, 2024
(a) If an administrative penalty is assessed
				  by the Department under the Code, §80.017, for failure to pay an
				  assessment, the citrus producer may apply for an exemption from that
				  administrative penalty in writing on a form prescribed by the Department within
				  20 days from receipt of the notice of violation, stating the reasons justifying
				  the request. The conditions must be such that payment of the penalty would
				  impose an undue financial burden upon the producer.
(b) A grower who applies for an exemption
				  from the penalty under this section must use a form prescribed by the
				  commissioner. Forms may be obtained by contacting the Texas Department of
				  Agriculture, P.O. Box 12847, Austin, Texas 78711, or call (512) 463-7476. A
				  citrus producer must file a separate application with the Department for each
				  year for which an exemption is claimed.
(c) A request for exemption from the penalty
				  will be considered only upon submission of a completed application form and the
				  following documentation:
(1) an income tax
				  statement showing taxable net income for the previous year; and
(2) an assignment of deficiency payments for
				  citrus or any other crop to cover the amount due for assessments and assessment
				  penalties and a general crop lien for all crops and products of such crops if
				  deficiency payments are insufficient; or
(3) a financial statement from a bank or
				  other lending institution financing the farming operation indicating inability
				  to pay.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter C - REQUIREMENT FOR PARTICIPATION IN THE SUPPRESSION PROGRAM AND ADMINISTRATIVE PENALTY › Section 27.306 - Criteria for Exemption from Penalty for Failure to Pay Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department's determination regarding
				  a request for exemption will be based upon whether the completed application
				  and other satisfactory documentation establish that payment of the assessment
				  penalty would impose an undue financial burden upon the producer.
(b) In addition to the general financial
				  condition of the producer, factors which may be considered by the Department in
				  determining whether the assessment penalty would impose an undue financial
				  burden include:
(1) adverse health conditions
				  supported by a physician;
(2) a
				  natural or physical disaster resulting in at least 30% crop loss not covered by
				  insurance;
(3) a biological
				  disaster such as severe insect or disease infestation not controllable by
				  currently available pesticides or pest management strategies;
(4) a financial disaster such as theft or
				  fire; or
(5) any other
				  extraordinary circumstances.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter C - REQUIREMENT FOR PARTICIPATION IN THE SUPPRESSION PROGRAM AND ADMINISTRATIVE PENALTY › Section 27.307 - Application for Payment Plan from Assessment Penalty

Current
				  through Reg. 49, No. 28; July 12, 2024
A citrus producer who applies for an exemption from
					 assessment penalties under §
										RSA
					 27.305 of this title (relating to Application
					 for Exemption from Assessment Penalty), may apply with the Department, using a
					 form prescribed by the Commissioner, for permission to establish a payment plan
					 for the assessment penalty. Forms may be obtained by contacting the Texas
					 Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, or call (512)
					 463-7476. A separate application must be made for each year a payment plan is
					 requested.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter D - ASSESSMENTS, COMPLIANCE AND LIENS › Section 27.401 - Approval of Assessment Rates and Collection Dates

Current
				  through Reg. 49, No. 28; July 12, 2024
(a) Each year, the Corporation shall
				  recommend assessment rates, the date a notice of assessment will be sent, and
				  assessment due dates for each active pest management zone to the Department for
				  consideration by the Commissioner.
(b) The Commissioner will review these
				  proposals and determine the assessment rates and due dates for each pest
				  management zone.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter D - ASSESSMENTS, COMPLIANCE AND LIENS › Section 27.402 - Notice of Assessment to Producer

Current through Reg. 49,
				  No. 28; July 12, 2024
(a) The Corporation shall send notice of
				  assessments to each citrus producer on record in each active pest management
				  zone who has reported citrus acreage to the Corporation. Notice shall be sent
				  at least 30 days before the due date for assessments in that pest management
				  zone.
(b) If special circumstances
				  prevent the Corporation from meeting this deadline, the Corporation must
				  receive a written waiver from the Commissioner.
(c) The notice of assessment shall include
				  the Corporation's field identification number if the acreage has not been
				  certified with the USDA Farm Service Agency (FSA), counties in which farms are
				  located and identification number (such as the last four digits of the citrus
				  producer's social security number, or the entity's taxpayer identification
				  number) and shall inform the producer of the following:
(1) the date the assessment is due;
(2) the full amount of their
				  assessment;
(3) information
				  relating to an early payment discount;
(4) information relating to payment after the
				  due date; and
(5) that an automatic
				  lien will attach to the citrus grown on the acreage which is the subject of the
				  assessment and perfect 60 days after the date of the notice of assessment
				  unless the assessment is paid by that date, or written arrangements are made
				  with the Corporation by that date to pay the assessments.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter D - ASSESSMENTS, COMPLIANCE AND LIENS › Section 27.403 - Payment of Assessments, Incentives for Early Payment; Penalties for Late Payment

Current through Reg. 49, No. 28; July 12,
				  2024
(a) All assessments
				  are due in full, postmarked to the Corporation on or before the due date set by
				  the Commissioner each year.
(b) Any
				  producer who pays the full amount of the assessment 15 or more days before the
				  due date will be entitled to a reduction in the total amount of their
				  assessment of not less than 2.0%.
(c) Any producer who has not paid the amount
				  of the assessment by the due date will be charged a late fee not to exceed 1.5%
				  per month of the total amount due to the Corporation.
(d) Assessments not paid 30 days or more
				  after the due date may be referred to the Department for assessment of
				  administrative penalties in accordance with Chapter 80 of the Code, and §
										RSA
				  27.303 of this title (relating to Penalties
				  for Non-Payment of Assessment and Failure to Timely Report Acreage).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter D - ASSESSMENTS, COMPLIANCE AND LIENS › Section 27.404 - Compliance Certificates

Current through Reg. 49, No. 28; July 12,
				  2024
(a) When a producer
				  has paid all assessments for a farm or for all farms for which an assessment is
				  due from the producer in full for the current crop year, the Corporation shall
				  issue a compliance certificate to that producer for that farm and/or for all
				  farms on which an assessment is due from that producer and has been paid in
				  full.
(b) The compliance
				  certificate shall include the following information:
(1) The name of the producer;
(2) The producer's identification number.
				  This shall be either the last four digits of the citrus producer's social
				  security number, or the entity's tax identification number.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter D - ASSESSMENTS, COMPLIANCE AND LIENS › Section 27.405 - Attachment of Lien on Harvested Citrus

Current through Reg. 49,
				  No. 28; July 12, 2024
(a) An assessment lien established under
				  §80.017 of the Code attaches and is perfected 60 days after the date the
				  Corporation mails notice of an assessment due and owing by a citrus producer
				  certifying or reporting citrus production within an active pest management
				  zone.
(b) The assessment lien
				  attaches to citrus produced and harvested from acreage subject to the
				  assessment that assessment year for the amount of the assessment which is "due
				  and unpaid," as defined by §
										RSA 27.101 of this
				  title (relating to Definitions), for that assessment year.
(c) The assessment lien attaches only as to
				  the first buyer of citrus and subsequent buyers take the citrus free of the
				  assessment lien.
(d) A first buyer
				  of citrus takes free of the assessment lien if the buyer receives a compliance
				  certificate or other acceptable documentation as described in §
										RSA
				  27.404 of this title (relating to Compliance
				  Certificates).
(e) A first buyer of
				  citrus also takes free of the assessment lien if the buyer pays for the citrus
				  with a check naming the Corporation as a payee, or writes a separate check for
				  the full amount of the unpaid assessment naming the Corporation as the sole
				  payee.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter D - ASSESSMENTS, COMPLIANCE AND LIENS › Section 27.406 - Notice to Buyers

Current through Reg. 49, No. 28; July 12,
				  2024
Notwithstanding any other provisions of this
					 subchapter:
(1) Once a lien is
				  perfected and attaches in accordance with §80.017 of the Code, the lien
				  established will be solely against citrus producers and first buyers of citrus,
				  as defined by §
										RSA 27.101 of this
				  title (relating to Definitions), and will be subject to and preempted by the
				  Food Security Act of 1985 (7 USCA §1631), and the lien notice provisions
				  thereof to first buyers of citrus, to be given by the Corporation.
(2) The lien established by §80.017 is
				  not effective or enforceable against a first buyer of citrus until the written
				  notice described in paragraph (1) of this section is received by the
				  buyer.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter D - ASSESSMENTS, COMPLIANCE AND LIENS › Section 27.407 - Lien priority

Current through Reg. 49, No. 28; July 12,
				  2024
An assessment lien placed in accordance with this section
					 is not a priority lien, and does not have superior status to prior liens on the
					 harvested citrus to which the lien is attached under this subchapter and
					 §80.017 of the Code.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter D - ASSESSMENTS, COMPLIANCE AND LIENS › Section 27.408 - Release of Lien

Current through Reg. 49, No. 28; July 12,
				  2024
The Corporation will issue a release of lien to the
					 producer:
(1) once the assessment has
				  been paid in full or adequate documentation has been provided to establish that
				  a prior lienholder is entitled to all or a portion of proceeds of the sale of
				  citrus that would be paid towards the assessment; and
(2) the producer has executed an affidavit
				  verifying that no other lienholders are entitled to the proceeds of the citrus,
				  which is subject to the assessment lien.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter E - ESTABLISHMENT OF RULES, PROCEDURES, AND METHODS OF TREATMENT › Section 27.501 - Protection of Individuals, Livestock Wildlife and Honeybee Colonies

Current through Reg. 49, No. 28; July 12, 2024
(a) Any applicator or applicators retained by
				  the Corporation to apply or cause to be applied pesticides for the purpose of
				  suppression of the invasive citrus pests and diseases in an established pest
				  management zone will make such applications in accordance with the requirements
				  of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Texas
				  pesticide laws and regulations, the pesticide label requirements of the product
				  being used, the federal guidelines and any other special provision provided for
				  in this section.
(b) The
				  Corporation shall establish procedures for each pest management zone that are
				  consistent with specific parts of the Texas pesticide regulations relating to
				  prior notification and reentry into sprayed groves and found at Chapter 7,
				  Subchapter D of this title (relating to Use and Application), and §
										RSA 8.1 of
				  this title (relating to General Provisions) to ensure compliance with
				  requirements regarding prior notification and reentry.
(c) The Corporation shall establish any
				  zone-specific rules needed in addition to the requirements of subsections (a)
				  and (b) of this section after analyzing each pest management zone for specially
				  identified risks to humans, livestock, wildlife, honeybee colonies, or the
				  environment. Such analysis will allow for specific rules to be written by the
				  Corporation for each pest management zone with special concerns.
(d) Beekeepers must file the location of
				  their hives and their address and phone number with the Chief Apiary Inspector,
				  Apiary Inspection Service, Entomology Department, Texas A&M University,
				  College Station, Texas 77843-2475, so that a list of beekeepers may be prepared
				  for each county and furnished to the Corporation. In lieu of filing the
				  location of hives and names and addresses with the chief apiary inspector, any
				  beekeeper may file such information with the Texas A&M AgriLife Extension
				  agent for the county in which hives are located. The Corporation shall notify
				  or cause to be notified beekeepers located adjacent to any fields being sprayed
				  prior to the application at the earliest time possible to allow the beekeeper
				  to restrict the bees leaving the hive or to move the hives until danger to the
				  bees has diminished. In addition, the Corporation will make available the pest
				  management zone plans to any beekeeper upon request.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter E - ESTABLISHMENT OF RULES, PROCEDURES, AND METHODS OF TREATMENT › Section 27.503 - Authorization for Destruction

Current through Reg. 49, No. 28; July
				  12, 2024
Upon referral by the Corporation, subject to §80.021
					 of the Code, the Department may authorize the destruction or treatment, and
					 establish procedures for the purchase and destruction, of citrus plants and
					 hosts in pest management zones if the Department determines the action is
					 necessary to carry out the purpose of Chapter 80. The Corporation must
					 demonstrate that a public nuisance exists to establish that the action is
					 warranted, including non-compliance with suppression program
					 requirements.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter F - BIO-INTENSIVE CONTROLS IN ACTIVE PEST MANAGEMENT ZONES › Section 27.601 - Request for Approval to Use Bio-Intensive Controls Methods

Current through Reg. 49, No. 28; July 12, 2024
(a) Any citrus producer who wishes to
				  integrate a Corporation-approved bio-intensive control method in an active pest
				  management zone shall request approval in writing and must agree to follow the
				  bio-intensive control regime provided by the biological control scientific
				  community from the Corporation at least 90 days prior to release of
				  bio-intensive controls.
(b) The
				  request shall be considered by the Corporation and shall be granted or denied
				  in writing at least 30 days prior to planned release and/or application of
				  bio-intensive controls, and if approved, certification issued designating the
				  time period for which the approval is valid.
(c) In the request for use of bio-intensive
				  controls, the producer must state:
(1) the
				  pest management approach for the previous year;
(2) the specific locations and acreage of the
				  citrus groves;
(3) the alternative
				  control(s) to be used and its source and availability;
(4) the expected dates of release;
(5) the duration and timing expected in using
				  the control method(s);
(6) the plan
				  for coordinating the monitoring methods of target pest between the Corporation
				  and the producer;
(7) the
				  producer's name, address and phone number;
(8) the expected cost of use of bio-intensive
				  control; and
(9) other relevant
				  information to be considered by the Corporation in determining the request for
				  the use of alternative controls.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter F - BIO-INTENSIVE CONTROLS IN ACTIVE PEST MANAGEMENT ZONES › Section 27.602 - Treatment of Groves Approved for Use of Alternative Control Methods

Current through Reg. 49, No. 28; July 12, 2024
The Corporation shall not treat with its regular regimen of
					 chemical applications groves for which a producer has been approved to use
					 bio-intensive control and is in compliance with Corporation best management
					 practices.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter F - BIO-INTENSIVE CONTROLS IN ACTIVE PEST MANAGEMENT ZONES › Section 27.603 - Withdrawal of Approval to Use Bio-Control Methods

Current through
				  Reg. 49, No. 28; July 12, 2024
(a) Groves meeting Corporation pest
				  thresholds, and approved for bio-intensive control methods, must be treated
				  within 48 hours of the Corporation's notification to the producer or designee,
				  or the Corporation will withdraw approval in writing.
(b) If pest numbers and/or infestation levels
				  in a grove monitored by the Corporation in the grove(s) approved for
				  bio-intensive control methods exceed those in a majority of groves within the
				  Corporation's work unit by 25% for any period of time, the Corporation shall
				  notify the producer of this event.
(c) If, after discussion between the producer
				  and the Corporation, no other alternative is available, the producer's approval
				  to use a bio-intensive control method shall be withdrawn by the Corporation and
				  notice of withdrawal provided to the producer in writing.
(d) A producer may appeal the withdrawal of
				  the certification to the Department within 5 days of receipt of the notice of
				  withdrawal. The producer shall provide a notice of the appeal to the
				  Corporation. The Corporation shall not treat the producer's field while TDA
				  reviews the appeal. In making its decision on the appeal, the Department shall
				  consider the impact the decision will have on the overall success of the
				  suppression program in the zone.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter F - BIO-INTENSIVE CONTROLS IN ACTIVE PEST MANAGEMENT ZONES › Section 27.604 - Payment of Costs of Bio-Control

Current through Reg. 49, No.
				  28; July 12, 2024
Under all circumstances, any citrus producer who uses
					 alternative methods for treating pests or diseases shall pay any additional
					 costs of bio-intensive controls in addition to any assessment required to be
					 paid by citrus producers in the pest management zone in accordance with Chapter
					 80 of the Code.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter F - BIO-INTENSIVE CONTROLS IN ACTIVE PEST MANAGEMENT ZONES › Section 27.605 - Annual Approval

Current through Reg. 49, No. 28; July 12,
				  2024
A producer must apply annually for approval of use of
					 bio-control methods.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter G - ORGANIC CITRUS RULES › Section 27.701 - Purpose and Authority

Current through Reg. 49, No. 28; July
				  12, 2024
Section 80.126 of the Code provides that the Commissioner
					 shall adopt rules and procedures to protect the eligibility of certified
					 organic and transitional citrus production in active pest management zones and
					 ensure that organic and transitional certification by the Commissioner continue
					 to meet national certification standards in order for organic citrus to
					 maintain marketability, while ensuring the ultimate success of the pest and
					 disease suppression program in Texas. Section 80.026 further provides that
					 rules adopted under that section may provide indemnity for the organic citrus
					 producers for reasonable losses that result from a prohibition of production of
					 organic citrus. The Corporation board may not treat or require treatment of
					 organic citrus with chemicals that are not allowed for use on certified organic
					 citrus except as provided in Chapter 18 of this title (relating to Organic
					 Standards and Certification).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter G - ORGANIC CITRUS RULES › Section 27.702 - Planting of Certified Organic or Transitional Citrus in Active Pest Management Zones

Current through Reg. 49, No. 28; July 12,
				  2024
The decision on whether to plant certified organic or
					 transitional citrus in any grove located in an active pest management zone will
					 be made solely by the producer producing the crop, subject to any designations
					 of prohibited growing areas under the Code, §80.026, and rules adopted
					 thereunder. Neither the Corporation nor the Department will urge or persuade,
					 in any way, a citrus producer to plant or not to plant certified organic or
					 transitional citrus. This provision shall not affect the rights of the parties
					 to negotiate in good faith pursuant to §
										RSA
					 27.705 of this title (relating to Eligibility
					 for Indemnification).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter G - ORGANIC CITRUS RULES › Section 27.703 - Protection of Organic Certifications

Current through Reg. 49,
				  No. 28; July 12, 2024
(a) The Corporation will take steps
				  reasonably necessary to protect the certification of organic crops during the
				  course of its normal suppression activities.
(b) In the event the Corporation or an
				  employee or independent contractor of the Corporation inadvertently treats a
				  certified organic or transitional grove or portion of a grove, either directly
				  or through drift, with prohibited materials, other than an application allowed
				  under emergency pest or disease treatment program provisions of Chapter 18 of
				  this title (relating to Organic Standards and Certification), the Corporation
				  will, to the extent appropriate, assist the citrus producer in obtaining just
				  and reasonable compensation.
(c)
				  For purposes of this section, a determination of whether or not a direct
				  treatment or drift occurred will be made by the Department in accordance with
				  established procedures.
(d) In the
				  event of a confirmed case of direct treatment or drift of chemical applied for
				  or by the Corporation, and where appropriate, the Department will investigate
				  and seek such penalties as warranted under Chapter 76 of the Code, and Chapter
				  7 of this title (relating to Pesticides).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter G - ORGANIC CITRUS RULES › Section 27.704 - Communication with Organic Citrus Producers; Notification of Organic Production

Current through Reg. 49, No. 28; July 12,
				  2024
(a) All organic
				  citrus (transitional, certified or decertified) must be registered with the
				  Corporation. Organic citrus producers must include:
(1) Producer's name;
(2) Organic certifier's name, address, phone
				  number;
(3) Legal description of
				  the property;
(4) Physical location
				  of the property; and
(5) Total
				  acreage.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter G - ORGANIC CITRUS RULES › Section 27.705 - Eligibility for Indemnification

Current through Reg. 49, No. 28;
				  July 12, 2024
(a)
				  Certified organic and/or transitional citrus producers in active pest
				  management zones may negotiate and enter into voluntary indemnification
				  agreements with the Corporation provided that those agreements are negotiated
				  and made in good faith by both parties and are approved by the
				  Commissioner.
(b) Until each
				  respective zone is declared eradicated by the Commissioner, certified organic
				  and/or transitional citrus producers in pest management zones that are active
				  at the time this rule becomes effective will be eligible for compensation under
				  the following conditions. The citrus producer must have planted certified
				  organic or transitional citrus during or prior to the effective date.
(c) Certified organic and/or transitional
				  citrus producers in pest management zones which become active after the
				  effective date of this subchapter will be eligible for compensation under the
				  following conditions. The citrus producer must have an application for
				  transitional or organic citrus approved by either the Department's Organic
				  Certification Program or a third-party certifier at least one year before the
				  date a referendum is held establishing a suppression program and assessment and
				  approving a budget for that pest management zone.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter G - ORGANIC CITRUS RULES › Section 27.706 - Calculation of Indemnity or Compensation

Current through Reg. 49,
				  No. 28; July 12, 2024
(a) Definitions.
(1) Eligible acreage--The acreage, planted to
				  certified organic or transitional citrus, determined as provided in §
											RSA
				  27.705 of this title (relating to Eligibility
				  for Indemnification), and identified for that grove as described in this
				  paragraph. Organic or transitional citrus must be planted on this acreage by
				  the organic certification date submitted to the Corporation.
(2) Yield--The yield per acre will be
				  determined by using the Actual Production History per acre planted to citrus
				  for that farm, or if registered for crop insurance verified by the Risk
				  Management Agency.
(3) Conventional
				  Price--The conventional citrus price will be determined by the USDA marketing
				  order.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter G - ORGANIC CITRUS RULES › Section 27.707 - Payment of Assessment for Organic Citrus

Current through Reg.
				  49, No. 28; July 12, 2024
(a) Organic citrus producers who plant
				  certified organic or transitional citrus will be required to pay an assessment
				  in accordance with Chapter 80 of the Code, and comply with all rules adopted
				  thereunder. The assessment will be in the amount set for the entire pest
				  management zone and will be billed in the same manner as all citrus grown in
				  the pest management zone.
(b)
				  Agreements negotiated under §
										RSA
				  27.705 of this title (relating to Eligibility
				  for Indemnification) may include provisions for payment of an assessment or
				  reduction of payment to an organic producer in the amount of an assessment for
				  that acreage.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter H - CREATION OF PEST MANAGEMENT ZONES › Section 27.801 - Authority and Purpose

Current through Reg. 49, No. 28; July 12,
				  2024
The Texas Agriculture Code, §
										RSA
					 80.005, provides the Commissioner of
					 agriculture with the authority, by rule, to designate an area of the state as a
					 proposed pest management zone.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter H - CREATION OF PEST MANAGEMENT ZONES › Section 27.802 - Public Hearing

Current through Reg. 49, No. 28; July 12,
				  2024
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.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter H - CREATION OF PEST MANAGEMENT ZONES › Section 27.803 - Zone Activation; Grower Approval

Current through Reg. 49, No. 28; July
				  12, 2024
(a) Once a pest
				  management zone has been designated by adoption of a rule under the Texas
				  Agriculture Code, §
										RSA
				  80.005, the pest management zone is not
				  established until approved by a referendum of citrus producers in the new zone
				  held in accordance with the Texas Agriculture Code, §
										RSA
				  80.006.
(b) Once a pest management zone has been
				  designated by rule and established by approval of citrus producers in the zone,
				  as provided in this section, the zone shall operate in accordance with the
				  provisions of the Texas Agriculture Code, Chapter 80, and rules adopted
				  thereunder.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 27 - TEXAS CITRUS PEST AND DISEASE MANAGEMENT CORPORATION › Subchapter H - CREATION OF PEST MANAGEMENT ZONES › Section 27.804 - Lower Rio Grande Valley Pest Management Zone

Current through Reg. 49,
				  No. 28; July 12, 2024
The Lower Rio Grande Valley Pest Management Zone shall
					 consist of the following areas: Cameron, Hidalgo, and Willacy
					 Counties.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 28 - TEXAS AGRICULTURAL FINANCE AUTHORITY › Subchapter A - FINANCIAL ASSISTANCE RULES › Section 28.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) Through action of the Texas Legislature
				  and the approval of the Texas voters, the Texas Agricultural Finance Authority
				  is authorized to issue general obligation bonds, or other indebtedness backed
				  by the State of Texas, and revenue bonds to provide financial assistance to
				  eligible agricultural businesses through direct loans, loans to lenders,
				  purchasing participations in loans, loan insurance, or a loan guaranty
				  program.
(b) Effective September 1,
				  2009, the Texas Public Finance Authority has the exclusive authority to act on
				  behalf of the Texas Agricultural Finance Authority in issuing debt instruments
				  authorized to be issued by the Texas Agricultural Finance Authority.
(c) A reference in law to a debt instrument
				  issued by the Authority, in the context of a new debt instrument issued on or
				  after September 1, 2009, means a debt instrument issued by the Texas Public
				  Finance Authority on behalf of the Texas Agricultural Finance
				  Authority.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 28 - TEXAS AGRICULTURAL FINANCE AUTHORITY › Subchapter A - FINANCIAL ASSISTANCE RULES › Section 28.3 - Examination of Records

Current through Reg. 49, No. 28; July 12,
				  2024
Any party requesting records of the Authority must submit a
					 written request to the department, pursuant to the Texas Public Information
					 Act, Texas Government Code, Chapter 552.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 28 - TEXAS AGRICULTURAL FINANCE AUTHORITY › Subchapter A - FINANCIAL ASSISTANCE RULES › Section 28.4 - Communication with the Authority

Current through Reg. 49, No. 28;
				  July 12, 2024
Applications and other written communications to the
					 Authority should be addressed to the attention of the Texas Agricultural
					 Finance Authority, in care of the Texas Department of Agriculture, P.O. Box
					 12847, Austin, Texas 78711, or other method provided in the solicitation
					 document.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 28 - TEXAS AGRICULTURAL FINANCE AUTHORITY › Subchapter A - FINANCIAL ASSISTANCE RULES › Section 28.5 - Texas Agricultural Fund

Current through Reg. 49, No. 28;
				  July 12, 2024
The fund, established in the office of the comptroller, may
					 consist of general obligation bond or commercial paper note proceeds, revenues
					 generated from fees on farm vehicle registrations, appropriations or transfers
					 made to the fund, guaranty fees, monies received from the operation of the
					 program, interest paid on money in the fund from the operation of the program,
					 interest paid on money in the fund and any other monies received from other
					 sources for the fund. The board may provide for the establishment and
					 maintenance of separate accounts within the fund, including loan guaranty
					 program accounts as prescribed by the board.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 28 - TEXAS AGRICULTURAL FINANCE AUTHORITY › Subchapter A - FINANCIAL ASSISTANCE RULES › Section 28.6 - Severability

Current through Reg. 49, No. 28; July 12, 2024
In the event that any clause, provision or subsection in
					 this chapter are held to be invalid by any court of competent jurisdiction, the
					 invalidity of such clause or provision shall not affect any of the remaining
					 provisions hereof.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 28 - TEXAS AGRICULTURAL FINANCE AUTHORITY › Subchapter A - FINANCIAL ASSISTANCE RULES › Section 28.7 - Servicing and Collateral Administration

Current through Reg. 49, No.
				  28; July 12, 2024
(a)
				  Except as otherwise provided by state law, these rules, or resolution of the
				  board, the staff, with the approval of the commissioner or deputy commissioner,
				  or the department official designated by commissioner as being responsible for
				  the Authority's programs, shall have the power to act on behalf of the
				  Authority, without specific board approval, in regard to the administration,
				  collection, enforcement, settlement and servicing of each and every commitment
				  previously approved by the board under the Authority's programs, including,
				  without limitation, those commitments and programs in effect prior to September
				  1, 2009. Such authority shall include, without limitation, any action required
				  to be taken under any commitment, financial instrument, grant agreement,
				  interest rebate or reduction agreement, loan guarantee, obligation,
				  participation agreement, and any other agreement approved by the board and
				  entered into by the Authority with respect to financial assistance or
				  commitment made by the Authority.
(b) Nothing in this section shall prevent the
				  commissioner, the deputy commissioner, the department official designated by
				  commissioner as being responsible for the Authority programs, or the staff from
				  submitting any matter to the board for its consideration and
				  approval.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 28 - TEXAS AGRICULTURAL FINANCE AUTHORITY › Subchapter B - INTEREST RATE REDUCTION PROGRAM › Section 28.10 - Authority

Current through Reg. 49, No. 28; July 12, 2024
The Texas Agricultural Finance Authority is authorized by
					 Chapter 44 of the Code, §44.007 to establish the Interest Rate Reduction
					 Program.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 28 - TEXAS AGRICULTURAL FINANCE AUTHORITY › Subchapter B - INTEREST RATE REDUCTION PROGRAM › Section 28.11 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of the Interest Rate Reduction Program is to
					 foster the creation and expansion of enterprises based on agriculture in this
					 state. These sections are adopted to provide standards of eligibility and
					 procedures for obtaining financial assistance under the Act.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 28 - TEXAS AGRICULTURAL FINANCE AUTHORITY › Subchapter B - INTEREST RATE REDUCTION PROGRAM › Section 28.12 - Scope

Current through Reg. 49, No. 28; July 12, 2024
These sections will govern all applications filed under the
					 Interest Rate Reduction Program. The Authority and the comptroller may waive
					 the applicability of any section to an application when such waiver would be in
					 the public interest and would further the purposes of the
					 Act.