Sec. 74.105. ERADICATION ZONE REFERENDA. (a) The commissioner shall conduct a referendum in each proposed eradication zone to determine whether cotton growers desire to establish an eradication zone.
(b) Eradication zone referenda shall be conducted under the procedures provided by Section 74.114 of this code.
(c) A proposed eradication zone referendum ballot must include or be accompanied by information about the proposed eradication zone, including:
(1) a statement of the purpose of the boll weevil or pink bollworm eradication program;
(2) the geographic area included in the proposed eradication zone;
(3) a general summary of rules adopted by the commissioner under Sections 74.114, 74.118, and 74.120 of this code, including a description of:
(A) cotton grower responsibilities; and
(B) penalties for noncompliance with rules adopted under this subchapter; and
(4) an address and toll-free telephone number that a cotton grower may use to request more information about the referendum or the boll weevil or pink bollworm eradication program.
(d) If a referendum to establish an eradication zone fails, the concurrent election of a board member from the proposed eradication zone under Section 74.106 has no effect, and the commissioner shall appoint a representative to the board from the area.
(e) The foundation may request the commissioner to call additional referenda in a proposed eradication zone in which a referendum has failed. An additional eradication zone referendum and concurrent board election may be held no earlier than one year after the date of the last referendum.
(f) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 577, Sec. 8, eff. June 14, 2013.
Amended by Acts 1995, 74th Leg., ch. 227, Sec. 3, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.06, 2.01, eff. May 30, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 577 (S.B. 818), Sec. 8, eff. June 14, 2013.
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