Sec. 74.106. BOARD ELECTIONS. (a) The initial election for board members from a proposed eradication zone shall be held concurrently with an eradication zone referendum held under Section 74.105. Each eradication zone shall be represented on the board and shall remain represented on the board until eradication operations are concluded and all debt of the eradication zone is paid.
(b) A board election shall be conducted under the procedures provided by this section and Section 74.114 of this code.
(c) A cotton grower who is eligible to vote in a referendum or election under this subchapter is eligible to be a candidate for and member of the board if the person has at least seven years of experience as a cotton grower and otherwise meets the qualifications for the position.
(d) A cotton grower who wants to be a candidate for the board must meet the qualifications for board membership and file an application with the commissioner. The application must be:
(1) filed not later than the 30th day before the date set for the board election;
(2) on a form approved by the commissioner; and
(3) signed by at least 10 cotton growers who are eligible to vote in the board election.
(e) On receipt of an application and verification that the application meets the requirements of Subsection (d) of this section, an applicant's name shall be placed on the ballot for the board election.
(f) An eligible voter may vote for a cotton grower whose name does not appear on the official ballot by writing that person's name on the ballot.
(g) A board election must be preceded by at least 45 days notice published in one or more newspapers published and distributed in the proposed or established eradication zone. The notice shall be published not less than once a week for three consecutive weeks. Not later than the 45th day before the date of the election, direct written notice of the election shall be given to each county agent in the eradication zone.
(h) Each board member shall be sworn into office by a representative of the commissioner by taking the oath of office required for elected officers of the state.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993. Amended by Acts 1997, 75th Leg., ch. 463, Sec. 1.07, 2.02, eff. May 30, 1997.
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