Texas Statutes
Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation
Section 74.105. Eradication Zone Referenda

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(f) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 577, Sec. 8, eff.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

Texas Statutes

Agriculture Code

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 74.102. Definitions

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 74.109. Board Duties

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 74.1102. Contracting

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 74.118. Authority to Prohibit Planting of Cotton and Require Participation in Eradication Program

Section 74.119. Authority for Destruction or Treatment of Cotton in Eradication Zones; Compensation Payable

Section 74.120. Authority to Adopt Rules

Section 74.121. Reports

Section 74.122. Quarantine

Section 74.123. Documenting Regulated Articles

Section 74.124. Cooperative Programs Authorized

Section 74.125. Organic Cotton Growers

Section 74.126. Penalties

Section 74.127. Sunset Provision

Section 74.128. Annual Report

Section 74.129. Exemption From Lawsuits, Liability, Taxation, and Legal Process

Section 74.130. Use of Bio-Intensive Controls

Section 74.131. Venue

Section 74.132. Complaints