reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter A - ELECTION PROCEDURES › Section 3.1 - Voter Eligibility

Current through Reg. 49, No. 28; July 12,
				  2024
(a) A cotton grower
				  is the person defined in the Texas Agriculture Code, §
										74.102(5).
				  A cotton grower is eligible to vote if the grower grows cotton in a boll weevil
				  eradication zone or area in which a referendum is being held and receive direct
				  income from the sale of cotton in the crop year in which the referendum is
				  being held. This eligibility requirement will be determined from the official
				  list of the Texas office of the United States Department of Agriculture Farm
				  Service Agency (FSA) of operators or crop-sharing landlords who planted cotton
				  in the zone or area in which a referendum is being held in the crop year in
				  effect at the time of the referendum. Each entity so identified by the FSA is
				  entitled to vote the number of acres it farms in referenda where voting acreage
				  is required to be considered. In referenda where acreage is not required to be
				  considered, the same entities identified by the FSA are eligible to vote only
				  once in each zone referendum and/or Texas Boll Weevil Eradication Foundation
				  (foundation) board election. For example, if "Smith Farms" certifies cotton
				  acreage with the FSA and receives income as "Smith Farms," then the entity
				  "Smith Farms" is entitled to a vote. If John Smith is the president or agent
				  for "Smith Farms," he would have the authority to vote for that entity. If John
				  Smith also has a separate farming entity under his individual name and receives
				  direct cotton income, he too would be eligible to vote his respective acreage
				  separate from "Smith Farms." In the event a grower or entity meets all other
				  eligibility requirements, but does not certify cotton acreage with FSA in the
				  crop year in which the referendum is held, voter eligibility can be established
				  by providing a copy of a gin receipt or foundation assessment bill for the crop
				  year being voted in order to obtain a ballot.
(b) A cotton grower eligible to vote in an
				  eradication zone referendum is also entitled to elect board members to
				  represent the eradication zone in which the grower's cotton production
				  occurs.
(c) If a cotton grower has
				  production in more than one zone, the grower may vote in each zone in which the
				  grower meets the eligibility requirements for voting provided at subsection (a)
				  of this section.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter A - ELECTION PROCEDURES › Section 3.2 - Board Candidates

Current through Reg. 49, No. 28; July 12,
				  2024
(a) A
				  representative number of members to the foundation's board of directors shall
				  be elected from each established eradication zone for a term not to exceed four
				  years.
(b) In order to be a
				  candidate for board membership, a person must be eligible to vote in the
				  referendum, must reside in the eradication zone that the person is seeking to
				  represent and have at least seven years cotton growing experience.
(c) In order to have a person's name put on
				  the ballot, that person must file with the department, at least 30 days prior
				  to the date of the election, a petition signed by ten eligible voters within
				  the eradication zone to be represented. The form for the petition is to be
				  provided by the department.
(d) If
				  only one candidate files the petition described by subsection (c) of this
				  section, the election for that board position is not held, and the unopposed
				  candidate, if otherwise eligible, shall be declared elected to the board at the
				  time the ballots would have otherwise been canvassed.
(e) An eligible voter may vote for a cotton
				  grower whose name does not appear on the ballot by writing that person's name
				  and county of residence on the ballot.
(f) Board candidates are elected by
				  plurality, by receiving the highest number of votes of all candidates for that
				  board position.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter A - ELECTION PROCEDURES › Section 3.3 - Conduct of Elections; Notice

Current through Reg. 49, No. 28;
				  July 12, 2024
(a) The
				  election of Texas Boll Weevil Eradication Foundation (foundation) board members
				  from each proposed eradication zone shall be held concurrently with the
				  eradication zone referendum or referenda.
(b) The department may conduct an assessment
				  referendum or referenda either in conjunction with a board election and
				  eradication zone referendum or referenda or at a time subsequent to the initial
				  board election and referendum or referenda.
(c) A board election and referendum or
				  referenda conducted under the Texas Agriculture Code, Chapter 74, Subchapter D
				  and this chapter must be preceded by at least 45 days' notice published in one
				  or more newspapers published and distributed throughout the proposed or
				  established eradication zone or zones, or area proposed to be added or
				  transferred. The notice shall be published not less than once a week for three
				  consecutive weeks. In addition, direct written notice of the election shall be
				  given to each county extension agent of the Texas A&M AgriLife Extension
				  Service (Extension Service) in the eradication zone or zones or area proposed
				  to be added or transferred at least 45 days before the date of the election,
				  referendum, or referenda.
(d)
				  Notice provided in accordance with subsection (c) of this section shall
				  include:
(1) the date of the
				  election;
(2) the manner in which
				  the election is to be conducted (i.e., by mail balloting);
(3) the purpose of the election and/or
				  referendum;
(4) if appropriate,
				  information regarding the election of board members, including how to get on
				  the ballot;
(5) if an assessment
				  referendum is being conducted, the maximum assessment to be paid by cotton
				  growers having production in the eradication zone and the time for which the
				  assessment will be collected;
(6)
				  who to contact for more information; and
(7) if a referendum includes a proposition
				  for approval of a third party contractor to carry out an eradication program,
				  in accordance with the Code, §74.124, the name of the proposed contracting
				  party.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter A - ELECTION PROCEDURES › Section 3.4 - Ballots

Current through Reg. 49, No. 28; July 12, 2024
(a) To be considered valid, a ballot must
				  bear a voter's signature and title.
(b) Ballots shall be sent with prepaid return
				  postage.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter A - ELECTION PROCEDURES › Section 3.5 - Canvassing of Ballots

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Ballots in all
				  board elections and referenda will be counted at the headquarters of the
				  department by a canvassing committee appointed by the commissioner.
(b) In all elections, results will be
				  certified by the canvassing committee and submitted to the commissioner of
				  agriculture for verification.
(c)
				  Votes will be tabulated and recorded by eradication zone, or if concerning an
				  area being added to a zone, the area specified in the petition submitted to the
				  department, with the following tabulations recorded for each zone or area:
(1) total number of valid ballots;
(2) total number of invalid
				  ballots;
(3) total votes for each
				  proposition;
(4) total votes
				  against each proposition;
(5)
				  percentage voting for each proposition;
(6) if applicable, total cotton acreage in
				  the zone or area;
(7) if
				  applicable, total cotton acreage voting for each proposition;
(8) if applicable, total cotton acreage
				  voting against each proposition;
(9) if applicable, percentage of cotton
				  acreage voting for each proposition; and
(10) if applicable, total votes for each
				  board candidate including write-ins.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter A - ELECTION PROCEDURES › Section 3.6 - Approval of Eradication Zones, Assessment Rates, Board Elections

Current through Reg. 49, No. 28; July 12, 2024
(a) A referendum to establish an eradication
				  zone, to establish an eradication program in an existing eradication zone, to
				  add a county or area to an existing eradication zone, to transfer an area or
				  county from one statutory eradication zone to another, to discontinue the
				  program in an eradication zone, or to set an assessment rate must pass by a
				  favorable vote of at least two-thirds of those voting on the referendum or a
				  favorable vote of growers who farm more than 50% of the total acreage of cotton
				  in the relevant eradication zone or area. The total acreage of cotton in each
				  zone or area shall be determined by use of the latest available figures from
				  the Texas office of the United States Department of Agriculture Farm Service
				  Agency.
(b) A retention referendum
				  conducted under the Texas Agriculture Code (Code), §74.114, and a
				  referendum or proposition included in a referendum to approve use of a
				  third-party contractor to carry out an eradication program, must pass by
				  majority vote of growers voting.
(c) If an eradication zone or program
				  establishment, assessment, or retention referendum conducted under the Code,
				  §74.114, is not approved, the department may not conduct another
				  referendum in the same area on that same issue before one year after the date
				  of the election on the failed referendum. In addition, if an eradication zone
				  is not established or is discontinued, any concurrent board member election has
				  no effect, and the commissioner shall appoint a board member to represent the
				  eradication zone in which the election was held.
(d) If a discontinuation referendum conducted
				  under the Code, §74.112, is not approved, no such referendum may be held
				  within two years of any other referendum in the eradication zone pertaining to
				  establishing or discontinuing the eradication zone.
(e) After the commissioner has certified the
				  referendum and board election and issued certificates of election to any
				  elected board members, those members may act in accordance with the powers
				  provided to them by the Code, Chapter 74, Subchapter D.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter A - ELECTION PROCEDURES › Section 3.7 - Payment of Eradication Zone Debt upon Discontinuation

Current
				  through Reg. 49, No. 28; July 12, 2024
If cotton growers voting in a retention referendum
					 conducted under the Texas Agriculture Code (Code), §74.114, or a recall
					 referendum conducted under the Code, §74.112, approve discontinuation of
					 the eradication program in an eradication zone, all debts of the eradication
					 zone shall be repaid. Assessments shall continue annually on any grower
					 planting cotton in the eradication zone in subsequent years until all debts of
					 the eradication zone are paid.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter A - ELECTION PROCEDURES › Section 3.10 - Petitions To Add an Area or County To an Existing Eradication Zone or To Transfer an Area or County in One Eradication Zone to Another Eradication Zone

Current through Reg. 49, No. 28; July 12, 2024
(a) Parties wishing to petition for addition
				  or movement into an eradication zone shall notify the commissioner of their
				  intent in writing. The notice 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 cotton
				  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 an
				  eradication zone or is in an area with biological characteristics similar to
				  the eradication zone to which the area is requesting to be added or moved;
				  and
(4) any other pertinent
				  information on the eradication zone to which the area would be moved or
				  added.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter A - ELECTION PROCEDURES › Section 3.11 - Petitions Requesting a Recall Referendum

Current through Reg.
				  49, No. 28; July 12, 2024
(a) Parties wishing to petition for a recall
				  referendum in an eradication zone shall notify the commissioner of their intent
				  in writing. No recall referendum may be held in an eradication zone in which a
				  recall or establishment referendum has been held within the preceding two
				  years. If the two-year prohibition period applies, a petition drive conducted
				  under this section may begin no sooner than nine months before the expiration
				  of the two-year period.
(b) The
				  department shall develop and make available a petition form for the party
				  conducting the petition drive. The completed form must include:
(1) certification by the person signing the
				  petition that the person is an eligible cotton grower or a person with the
				  authority to sign for the grower in the eradication zone by having cotton
				  production or sharing in the proceeds of cotton production in the current crop
				  year;
(2) the complete name and
				  address of the eligible cotton grower; and
(3) the date signed.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter B - ESTABLISHMENT OF RULES, PROCEDURES, AND METHODS OF TREATMENT › Section 3.20 - Statement of Purpose and Role of the Department

Current through
				  Reg. 49, No. 28; July 12, 2024
(a) It has been declared by the Texas
				  Legislature that the boll weevil presents a major economic threat to Texas'
				  cotton crop and that it is necessary to create a Boll Weevil Eradication
				  Foundation as a vehicle to provide for assessments of cotton producers,
				  governing boards, and for establishing eradication zones in order to suppress
				  and eradicate the boll weevil. It is also the intent of the Legislature that
				  any program established for boll weevil eradication be carried out in a manner
				  which incorporates the best available integrated pest management techniques, as
				  well as other methods of eradication, and is implemented in a manner that poses
				  the least possible risk to people, property, and the environment.
(b) In accordance with the Texas Agriculture
				  Code (the Code), Chapter 74, Subchapter D, §74.120, the commissioner is
				  specifically charged with adopting rules to protect individuals, livestock,
				  wildlife, and honeybee colonies on any premises located in an eradication zone
				  on which cotton plants are being grown that have been or are being treated as
				  part of the boll weevil eradication program.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter B - ESTABLISHMENT OF RULES, PROCEDURES, AND METHODS OF TREATMENT › Section 3.22 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Cultural
				  controls--Manipulation of routine crop production practices to make the
				  environment less favorable to the biological success of pests. Cultural
				  controls for purposes of this subchapter include, but are not limited to, use
				  of prescribed cotton stalk destruction methods and deadlines and use of
				  prescribed uniform planting dates.
(2) Foundation--The Texas Boll Weevil
				  Eradication Foundation, Inc.
(3)
				  Long-term control plan--A zone-specific plan that is to be implemented against
				  boll weevils during and until eradication is complete.
(4) Secondary pests--Pests that generally
				  occur as a result to natural enemy destruction through the use of pesticides
				  directed at other pests.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter B - ESTABLISHMENT OF RULES, PROCEDURES, AND METHODS OF TREATMENT › Section 3.23 - Protection of Individuals, Livestock, Wildlife, and Honeybee Colonies

Current through Reg. 49, No. 28; July 12, 2024
(a) Any applicator retained by the foundation
				  to apply or cause to be applied pesticides for the purpose of eradication in an
				  established 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(s) being used, and any other provisions provided
				  for in this section.
(b) The
				  foundation shall establish procedures for each eradication zone that are
				  consistent with the Texas pesticide regulations relating to prior notification
				  and reentry into sprayed fields and found at §
										7.37 and §
										7.38 of this title (relating to
				  Prior Notification Requirements and Forbidden Pesticide Practices) to ensure
				  compliance with requirements regarding prior notification and
				  reentry.
(c) The foundation shall
				  establish any eradication zone-specific rules needed in addition to the
				  requirements of subsections (a) and (b) of this section after analyzing each
				  zone for special identified risk to humans, livestock, wildlife, honeybee
				  colonies, or the environment. Such analysis will allow for specific rules to be
				  written by the foundation for each zone with special concerns.
(d) Beekeepers must file the location of
				  their hives and their addresses and phone numbers with the Chief Apiary
				  Inspector, Apiary Inspection Service, Entomology Department, Texas A&M
				  University, College Station, Texas 77843, so that a list of beekeepers may be
				  prepared for each county and furnished to the foundation. 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
				  Service county extension agent for the county in which hives are located. The
				  foundation 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 foundation will
				  make available the eradication zone plans to any beekeeper upon
				  request.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter C - PROHIBITION OF PLANTING OF COTTON › Section 3.50 - Statement of Authority and Purpose

Current through Reg. 49, No. 28;
				  July 12, 2024
The Texas Agriculture Code (the Code), Chapter 74,
					 Subchapter D, provides that it is a necessity to establish a cotton pest
					 eradication program for Texas in order to suppress and eradicate the boll
					 weevil and the pink bollworm. The Code, §74.1011, provides that the Texas
					 Boll Weevil Eradication Foundation, Inc. (the foundation) shall be recognized
					 by the Texas Department of Agriculture (the department) as the entity to plan,
					 carry out, and operate eradication and diapause programs to eliminate the boll
					 weevil and the pink bollworm from cotton in the state under the supervision of
					 the department. The Code, §74.118, provides the department with the
					 authority to prohibit the planting of cotton in an eradication zone. The
					 department is authorized to destroy cotton that is not in compliance with the
					 department's rules regarding areas where cotton may not be planted, in
					 accordance with the Code, §§74.118 and 74.1119.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter C - PROHIBITION OF PLANTING OF COTTON › Section 3.51 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Code--The
				  Texas Agriculture Code.
(2)
				  Commercial cotton--Cotton grown for sale or barter.
(3) Eradication zone--A geographic area
				  established under the Code, §74.1021, or a geographic area designated by
				  the commissioner in accordance with the Code, §74.105, in which cotton
				  growers by referendum approve their participation in a boll weevil or pink
				  bollworm eradication program.
(4)
				  Foundation--The Texas Boll Weevil Eradication Foundation, Inc.
(5) Noncommercial cotton--Any cotton that is
				  not commercial cotton.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter C - PROHIBITION OF PLANTING OF COTTON › Section 3.52 - Prohibition of Planting of Commercial and Noncommercial Cotton

Current through Reg. 49, No. 28; July 12, 2024
(a) Commercial cotton shall not be planted in
				  any area within an eradication zone where, upon request of the foundation, the
				  department has determined that the location of that cotton would jeopardize the
				  success of the eradication program in that zone or present a hazard to public
				  health and safety. Such an area shall be designated by the department as a
				  prohibited planting area.
(b) In
				  making a determination as to whether or not planting of commercial cotton shall
				  be prohibited in an area, the department may consider the factors listed in
				  §
										3.23 of this chapter (relating to
				  Protection of Individuals, Livestock, Wildlife, and Honeybee Colonies) and
				  §
										3.24 of this chapter (relating to
				  Guidelines for Establishment of Foundation Rules, Procedures, and Methods of
				  Treatment), and the recommendation of the foundation's board.
(c) Noncommercial cotton shall not be planted
				  in any eradication zone, except under a special permit issued by the department
				  prior to planting.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter C - PROHIBITION OF PLANTING OF COTTON › Section 3.53 - Notice of Prohibition

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Within 30 days
				  of declaring an area within an eradication zone as a prohibited planting area,
				  the department shall publish a notice designating the area in which cotton
				  cannot be planted.
(b) The notice
				  of prohibition shall contain a description of the prohibited planting area,
				  including the farm/tract number and amount of acreage, when
				  available.
(c) The department shall
				  publish the notice of prohibition in a newspaper having general circulation in
				  the affected zone for one day each week for three successive weeks.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter C - PROHIBITION OF PLANTING OF COTTON › Section 3.54 - Failure To Comply with Prohibition

Current through Reg. 49, No. 28; July
				  12, 2024
(a) Upon notice
				  by the foundation that a grower has failed to comply with a notice of
				  prohibition provided in accordance with §
										3.53 of this chapter (relating to
				  Notice of Prohibition), or has failed to obtain a permit for planting of
				  noncommercial cotton in an eradication zone as required by §
										3.52 of this chapter (relating to
				  Prohibition of Planting of Commercial and Noncommercial Cotton) the department
				  shall take the following actions:
(1)
				  Immediately upon identification of a field that is out of compliance, the
				  department shall give written notice to the farm owner, to the grower, and, if
				  known, to any lender having an interest in the field or the cotton, that the
				  field and any cotton growing in the field are in violation of these
				  rules.
(2) The notice shall further
				  instruct the owner and grower to destroy any cotton located in the field within
				  seven days after the date the written notice is received. Destruction shall be
				  performed in a manner to prohibit the presence of live cotton plants.
(3) If the owner or grower cannot be located
				  after reasonably diligent effort has been made by the department to locate such
				  persons, the department shall publish the notice in a newspaper of general
				  circulation in the county in which the land is located and post for a period of
				  three consecutive days a copy of the notice on or in the immediate vicinity of
				  the field in violation.
(4) If no
				  response is received by the department from either the owner or grower within
				  four days after the date of posting of the notice at the field, or if the
				  department considers the response inadequate, the department shall have the
				  cotton destroyed.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter D - REQUIREMENTS FOR PARTICIPATION IN THE ERADICATION PROGRAM AND ADMINISTRATIVE PENALTY ENFORCEMENT › Section 3.70 - Statement of Authority and Purpose

Current through Reg. 49, No. 28;
				  July 12, 2024
The Code, §74.113, provides the foundation with the
					 authority to collect assessments for each eradication zone as part of the
					 foundation's duties. The Code, §74.121, provides that each person within
					 an active eradication zone growing cotton shall furnish to the foundation, upon
					 request, information concerning the size and location of all commercial and
					 noncommercial cotton. The Code, §74.118, provides the department with the
					 authority to require participation in an established eradication program. The
					 Code, §74.115, provides the department with the authority to place a lien
					 on cotton produced and harvested that year from acreage that is subject to an
					 assessment that is due and unpaid. The Code, §74.115, also provides the
					 department with the authority to assess administrative penalties for failure to
					 pay an assessment when due, and the Code, §74.118, provides the department
					 with the authority to assess administrative penalties for failure to comply
					 with department rules regarding participation in cost sharing and acreage
					 reporting. The Code, §74.116, provides the department with the authority
					 to establish criteria for exemption from penalties assessed under the Code,
					 §74.115.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter D - REQUIREMENTS FOR PARTICIPATION IN THE ERADICATION PROGRAM AND ADMINISTRATIVE PENALTY ENFORCEMENT › Section 3.71 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The definitions contained in §
										3.51 of this chapter (relating to
					 Definitions) apply to this subchapter.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter D - REQUIREMENTS FOR PARTICIPATION IN THE ERADICATION PROGRAM AND ADMINISTRATIVE PENALTY ENFORCEMENT › Section 3.72 - Requirements for Program Participation

Current through Reg. 49, No. 28;
				  July 12, 2024
(a) All
				  commercial cotton growers within an eradication zone are required to
				  participate in the eradication program approved by grower referendum for that
				  zone.
(b) Participation in the
				  eradication program includes:
(1) timely
				  reporting to the foundation, as specified in subsections (c) or (d) of this
				  section, of all information regarding all commercial and noncommercial cotton
				  and of all cotton grown for ornamental, research, or any other purposes as
				  provided in the Code, §74.121;
(2) payment of the assessment in the amount
				  and manner established and approved for that eradication zone; and
(3) compliance with any department rules, or
				  procedures established by the department or the foundation, for implementation
				  of the eradication program in that eradication zone.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter D - REQUIREMENTS FOR PARTICIPATION IN THE ERADICATION PROGRAM AND ADMINISTRATIVE PENALTY ENFORCEMENT › Section 3.73 - Notice of Requirement for Participation

Current through Reg. 49,
				  No. 28; July 12, 2024
(a) After passage of a referendum
				  establishing an eradication program and maximum assessment and/or upon adoption
				  of any new requirements by the department and/or the foundation, a notice of
				  the requirements to participate in the eradication program shall be published
				  by the foundation 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 foundation, compliance with rules of the department, and payment of the
				  assessment established and approved for that zone.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter D - REQUIREMENTS FOR PARTICIPATION IN THE ERADICATION PROGRAM AND ADMINISTRATIVE PENALTY ENFORCEMENT › Section 3.74 - 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 foundation
				  that a grower has failed to timely pay an assessment in the amount and manner
				  established for that eradication zone, the department may assess an
				  administrative penalty against the grower.
(b) Upon receiving notice from the foundation
				  that a grower has failed to timely report to the foundation information
				  regarding acreage and location of all commercial cotton fields and of
				  noncommercial patches of cotton grown for ornamental, research, or other
				  purposes as provided by §
										3.72(b)(1) of this
				  chapter (relating to Requirements for Program Participation), the department
				  may assess an administrative penalty against the grower. 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 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter D - REQUIREMENTS FOR PARTICIPATION IN THE ERADICATION PROGRAM AND ADMINISTRATIVE PENALTY ENFORCEMENT › Section 3.75 - 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 §
										3.74 of this chapter (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 emailed to the department or mailed to Texas Department of
				  Agriculture, P.O. Box 12847, Austin, Texas 78711.
(c) If the person accepts the determination
				  of the department or fails to timely protest the determination as provided by
				  subsection (d) of this section, 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, 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 the State Office
				  of Administrative Hearing's rules of procedures in Title 1, Chapter 155 of the
				  Texas Administrative Code (relating to Rules of Procedure). The request for a
				  hearing must be made to the department not later than 20 days after the date of
				  receipt of the Notice of Violation.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter D - REQUIREMENTS FOR PARTICIPATION IN THE ERADICATION PROGRAM AND ADMINISTRATIVE PENALTY ENFORCEMENT › Section 3.76 - 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, §74.115, for failure to timely pay an
				  assessment, the cotton grower may apply for an exemption from that
				  administrative penalty in writing on a form prescribed by the commissioner
				  within 20 days from receipt of the notice of violation, stating the conditions
				  justifying such request. The conditions must be such that payment of the
				  penalty would impose an undue financial burden upon the grower.
(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 emailing the department or mailing the
				  department at Texas Department of Agriculture, P.O. Box 12847, Austin, Texas
				  78711. Exemptions apply only to the particular crop year for which they are
				  sought. A cotton grower must file a new application for an exemption with the
				  department for each new crop and associated crop year for which an exemption is
				  sought.
(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
				  cotton 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 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter D - REQUIREMENTS FOR PARTICIPATION IN THE ERADICATION PROGRAM AND ADMINISTRATIVE PENALTY ENFORCEMENT › Section 3.77 - 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 grower.
(b) In addition to the general financial
				  condition of the grower, 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 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter D - REQUIREMENTS FOR PARTICIPATION IN THE ERADICATION PROGRAM AND ADMINISTRATIVE PENALTY ENFORCEMENT › Section 3.78 - Application for Payment Plan for Assessment Penalty

Current through
				  Reg. 49, No. 28; July 12, 2024
A cotton grower, who applies for an exemption from
					 assessment penalties under §
										3.76 of this chapter (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. A separate application must be made for each year in which a payment
					 plan is requested.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter E - CREATION OF ERADICATION ZONES › Section 3.100 - Authority and Purpose

Current through Reg. 49, No. 28; July 12,
				  2024
The Texas Agriculture Code, §
										74.1042, provides
					 the commissioner of agriculture with the authority, by rule, to designate an
					 area of the state as a proposed eradication zone as long as the area is not
					 within a statutory eradication zone that has approved an eradication program by
					 referendum. Senate Bill 1814, 75th R.S. ch. 463, §1.27(d) (SB 1814,
					 §1.27(d)), provides the commissioner with the authority, by rule, to
					 divide a statutory eradication zone, after solicitation and consideration of
					 public opinion and to fairly apportion any debt to each portion of an
					 eradication zone divided by rule in accordance with SB 1814,
					 §1.27(d).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter E - CREATION OF ERADICATION ZONES › Section 3.101 - Public Hearing

Current through Reg. 49, No. 28; July 12,
				  2024
The commissioner may conduct a public hearing within a
					 proposed nonstatutory or statutory eradication zone to take public comment on
					 the establishment of a nonstatutory zone or division of a statutory zone, as
					 appropriate.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter E - CREATION OF ERADICATION ZONES › Section 3.102 - Eradication Zone Activation; Grower Approval

Current through Reg. 49,
				  No. 28; July 12, 2024
(a) Once an eradication zone has been
				  designated by adoption of a rule under the Texas Agriculture Code (Code),
				  §74.1042, the eradication zone is not established until approved by a
				  referendum of cotton growers in the new eradication zone held in accordance
				  with the Code, §74.105.
(b) If
				  the commissioner divides a statutory eradication zone by adoption of a rule
				  under SB 1814, §1.27, the commissioner may hold a referendum in the new
				  zone.
(c) Once an eradication zone
				  has been designated by rule and established by approval of cotton growers in
				  the eradication zone, as provided in subsections (a) and (b) of this section,
				  the eradication zone shall operate in accordance with the provisions of the
				  Code, Chapter 74, Subchapter D, and rules adopted thereunder.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter E - CREATION OF ERADICATION ZONES › Section 3.103 - Apportioning of Debt

Current through Reg. 49, No. 28; July 12,
				  2024
Once a statutory zone has been divided by rule of the
					 commissioner, in accordance with SB 1814, §1.27(d), and approved by
					 growers as provided in §
										3.102(b) of this
					 chapter (relating to Eradication Zone Activation, Grower Approval), the
					 commissioner may fairly apportion any debt to each portion of the divided
					 eradication zone.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter E - CREATION OF ERADICATION ZONES › Section 3.110 - Western High Plains Boll Weevil Eradication Zone

Current through
				  Reg. 49, No. 28; July 12, 2024
The Western High Plains Boll Weevil Eradication Zone shall
					 consist of the following area originally included as a part of the Southern
					 High Plains/Caprock Eradication Zone described at the Texas Agriculture Code,
					 §
										RSA
					 74.1021(e): all of Andrews,
					 Gaines and Yoakum Counties; all of Terry County except for all land north of a
					 line 1.25 miles south of the Hockley County line from FM 303 east to Highway
					 385 and all land north and east of a line with boundaries of County Road 230,
					 County Road 525 also known as Cemetery Road, and County Road 280 to the Lynn
					 County line; and all of Lynn County except for all land north and east of a
					 line 5 miles north of Highway 380 following County Road 18 that extends from
					 the Terry County line east for 10 miles, then turns south to Highway 380, and
					 runs east to the intersection of FM 212 before turning south to the Borden
					 County line.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter E - CREATION OF ERADICATION ZONES › Section 3.111 - Permian Basin Boll Weevil Eradication Zone

Current through Reg. 49,
				  No. 28; July 12, 2024
The Permian Basin Boll Weevil Eradication Zone shall
					 consist of the following area originally included as a part of the Southern
					 High Plains/Caprock Eradication Zone described at the Texas Agriculture Code,
					 §
										RSA
					 74.1021(e): all of Dawson,
					 Ector, Howard and Martin Counties; all of Borden County except all land east of
					 a line 7 miles west of the Scurry County line that runs from the Garza County
					 line to the Howard County line; and all of Midland County except for the
					 southern region located south of a line 15 miles south of Interstate 20 running
					 from the Ector County line east to the Glassock County line.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter E - CREATION OF ERADICATION ZONES › Section 3.112 - Northern Rolling Plains Boll Weevil Eradication Zone

Current through
				  Reg. 49, No. 28; July 12, 2024
The Northern Rolling Plains Boll Weevil Eradication Zone
					 shall consist of the following area: all of Gray, Wheeler, Donley,
					 Collingsworth, Hall, Childress, Cottle, King, Hardeman, Wilbarger, Wichita,
					 Clay, and Foard Counties, and all of Archer County lying north of a line
					 following FM 422 commencing at the Baylor County line running east to the
					 intersection of FM 210, continuing east to the intersection of State Highway
					 25, and continuing east to the Clay County line.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter E - CREATION OF ERADICATION ZONES › Section 3.113 - Northwest Plains Boll Weevil Eradication Zone

Current through Reg. 49,
				  No. 28; July 12, 2024
The Northwest Plains Boll Weevil Eradication Zone shall
					 consist of the following area originally included as part of the Northern High
					 Plains Eradication Zone described at the Texas Agriculture Code, §
										RSA
					 74.1021(a): all of Bailey,
					 Castro, Deaf Smith, Lamb and Parmer counties.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter E - CREATION OF ERADICATION ZONES › Section 3.114 - Southern Blacklands Boll Weevil Eradication Zone

Current
				  through Reg. 49, No. 28; July 12, 2024
The Southern Blacklands Boll Weevil Eradication Zone shall
					 consist of the following area: all of Anderson, Brazos, Burleson, Freestone,
					 Grimes, Harris, Houston, Leon, Liberty, Madison, Robertson, Walker, Camp, Wood,
					 Upshur, Marion, Harrison, Gregg, Smith, Cherokee, Rusk, Panola, Shelby,
					 Nacogdoches, San Augustine, Sabine, Angelina, Trinity, San Jacinto, Polk,
					 Tyler, Jasper, Newton, Hardin, Orange, Jefferson, Chambers, Galveston,
					 Washington, Montgomery, Coryell, Mills, Lampasas, San Saba, Llano, Gillespie,
					 Kendall, Blanco, Burnet, Bell, Williamson, Travis, Hays, Comal, Guadalupe,
					 Gonzales, Fayette, Caldwell, Bastrop, Lee, Milam, and Falls Counties; that part
					 of Limestone County south of Highway 84 from the McLennan County line east to
					 the Freestone County line; that part of Waller County north of Highway 159 from
					 the Austin County line north and east to Hempstead, then east on Highway 6/290
					 to the Harris County line; and that part of McLennan County south of Highway
					 84.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter E - CREATION OF ERADICATION ZONES › Section 3.115 - El Paso/Trans-Pecos Boll Weevil Eradication Zone

Current
				  through Reg. 49, No. 28; July 12, 2024
The El Paso/Trans Pecos Boll Weevil Eradication Zone shall
					 consist of the following area: all of El Paso, Hudspeth, Culberson, Jeff Davis,
					 Presidio, Brewster, Pecos, Reeves, Ward, Loving, Winkler, Crane, Terrell,
					 Crockett and Val Verde Counties.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 1 - TEXAS DEPARTMENT OF AGRICULTURE › Chapter 3 - BOLL WEEVIL ERADICATION PROGRAM › Subchapter E - CREATION OF ERADICATION ZONES › Section 3.116 - Northern Blacklands Boll Weevil Eradication Zone

Current
				  through Reg. 49, No. 28; July 12, 2024
The Northern Blacklands Boll Weevil Eradication Zone shall
					 consist of the following area: all of Montague, Cooke, Grayson, Fannin, Lamar,
					 Red River, Bowie, Cass, Morris, Titus, Franklin, Hopkins, Delta, Hunt,
					 Rockwall, Collin, Denton, Wise, Jack, Parker, Tarrant, Dallas, Kaufman, Rains,
					 Van Zandt, Henderson, Navarro, Ellis, Johnson, Hood, Somervell, Bosque,
					 Hamilton, and Hill counties; and those parts of McLennan and Limestone counties
					 north of State Highway 84.