Sec. 41.212. REFERENDUM; BALLOTING. (a) The commissioner shall conduct a referendum of grain producers to determine the maximum amount that may be assessed to a grain producer under Section 41.206.
(b) Only a grain producer who has sold grain to a grain buyer in the 36 months preceding the date of the referendum is eligible to vote in the referendum.
(c) An eligible grain producer may vote only once in a referendum.
(d) Each grain producer's vote is entitled to equal weight regardless of the grain producer's volume of production.
(e) A referendum is approved if a majority of votes cast are in favor of the referendum.
(f) Individual voter information, including an individual's vote in a referendum conducted under this section, is confidential and not subject to disclosure under Chapter 552, Government Code.
(g) The board shall locate private sources, including the organizations described by Section 41.204(a)(1), to pay all expenses incurred in conducting a referendum.
(h) The commissioner shall adopt rules as necessary to implement this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 991 (H.B. 1840), Sec. 3, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 33 (S.B. 1099), Sec. 10, eff. May 19, 2015.
Structure Texas Statutes
Title 3 - Agricultural Research and Promotion
Chapter 41 - Commodity Producers Boards
Subchapter I. Texas Grain Producer Indemnity Board
Section 41.202. Declaration of Policy
Section 41.203. Conflict With General Commodity Law Provisions
Section 41.205. Powers and Duties of Board
Section 41.206. Collection of Assessment
Section 41.207. Assessments; Applicability of Other Law
Section 41.208. Initiation of Claim
Section 41.209. Payment of Claim
Section 41.210. Reimbursement of Board by Grain Buyer; Subrogation of Rights; Reinsurance
Section 41.212. Referendum; Balloting
Section 41.213. Notice of Referendum