Sec. 74.102. DEFINITIONS. In this subchapter:
(1) "Board" means the board of directors of the Texas Boll Weevil Eradication Foundation, Inc.
(2) "Boll weevil" has the meaning assigned by Section 74.002.
(3) "Commissioner" means commissioner of agriculture.
(4) "Cotton" means:
(A) a cotton plant;
(B) a part of a cotton plant, including bolls, stalks, flowers, roots, and leaves; or
(C) cotton products, including seed cotton, cottonseed, and hulls.
(5) "Cotton grower" means a person who grows cotton intended to be commercial cotton. The term includes an individual who as owner, landlord, tenant, or sharecropper is entitled to share in the cotton grown and available for marketing from a farm or to share in the proceeds from the sale of the cotton from the farm or from an indemnity or other payment received from or related to the planting, growing, or failure of the cotton.
(6) "Eradication" means elimination of boll weevils or pink bollworms to the extent that the commissioner does not consider further elimination of boll weevils or pink bollworms necessary to prevent economic loss to cotton growers. Eradication includes diapause activities.
(7) "Eradication zone" means a geographic area:
(A) established under Section 74.1021; or
(B) designated by the commissioner in accordance with Section 74.105 in which cotton growers by referendum approve their participation in a boll weevil or pink bollworm eradication program.
(8) "Foundation" means the Texas Boll Weevil Eradication Foundation, Inc., a Texas nonprofit corporation.
(9) "Host" means a plant or plant product in which the boll weevil or pink bollworm is capable of completing any portion of its life cycle.
(10) "Infested" means the presence of the boll weevil or pink bollworm in any life stage or the existence of generally accepted entomological evidence from which it may be concluded with reasonable certainty that the boll weevil or pink bollworm is present.
(11) "Integrated pest management" is the coordinated use of pest and environmental information with available pest control methods, including pesticides, natural predator controls, cultural farming practices, and climatic conditions, to prevent unacceptable levels of pest damage by the most economical means and with the least possible hazard to people, property, and the environment.
(12) "Pink bollworm" has the meaning assigned by Section 74.002.
(13) "Regulated article" means an article carrying or capable of carrying the boll weevil or pink bollworm, including cotton plants, seed cotton, gin trash, other hosts, or mechanical cotton harvesters.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993. Amended by Acts 1995, 74th Leg., ch. 227, Sec. 2, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.03, eff. May 30, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 178 (H.B. 1580), Sec. 3, eff. May 27, 2009.
Structure Texas Statutes
Title 5 - Production, Processing, and Sale of Horticultural Products
Subtitle B - Horticultural Diseases and Pests
Chapter 74 - Cotton Diseases and Pests
Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation
Section 74.101. Findings and Declaration of Policy
Section 74.1011. Designation of Entity to Carry Out Boll Weevil Eradication
Section 74.1021. Statutory Zones
Section 74.1041. Advisory Committees
Section 74.1042. Creation of Nonstatutory Eradication Zones
Section 74.105. Eradication Zone Referenda
Section 74.106. Board Elections
Section 74.107. Composition of Board
Section 74.108. Powers of Board and Commissioner
Section 74.1091. Separation of Responsibilities
Section 74.1095. Administrative Review
Section 74.110. Liability of Foundation Members, Officers, and Employees
Section 74.1101. Liability of Applicators
Section 74.111. Board Member Compensation
Section 74.112. Discontinuation of Program and Foundation and Disposition of Funds on Discontinuance
Section 74.113. Assessment Referenda
Section 74.1135. Alternative Method of Assessments
Section 74.114. Conduct of Board Elections and Referenda; Balloting
Section 74.115. Payment of Assessments; Assessment Liens
Section 74.116. Exemption From Assessment Penalties
Section 74.117. Entry of Premises; Eradication Activities; Inspections
Section 74.120. Authority to Adopt Rules
Section 74.123. Documenting Regulated Articles
Section 74.124. Cooperative Programs Authorized
Section 74.125. Organic Cotton Growers
Section 74.127. Sunset Provision
Section 74.129. Exemption From Lawsuits, Liability, Taxation, and Legal Process