Sec. 74.108. POWERS OF BOARD AND COMMISSIONER. (a) The board may:
(1) conduct programs consistent with the declaration of policy stated in Section 74.101;
(2) accept, as necessary to implement this chapter, gifts and grants;
(3) borrow money, with the approval of the commissioner, as necessary to execute this chapter;
(4) take other action and exercise other authority as necessary to execute any act authorized by this subchapter or the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes); and
(5) form an advisory committee composed of individuals from this state, other states, or other countries and change membership on the committee, as necessary. Any advisory committee created under this subdivision for the purpose of establishing treatment methods shall include among its members persons with knowledge of the effects of different treatments on the health of agricultural workers, the local population, and the ecosystem, including but not limited to the effects of a particular method of treatment on beneficial organisms and wildlife, the potential for secondary infestations from nontarget pests, and the potential for pest resistance to particular methods of treatment.
(b) On petition of 30 percent of the cotton growers eligible to vote within the proposed area, the commissioner may, or at the commissioner's discretion, the commissioner may, by rule add an area to an eradication zone or transfer an area or county from one statutory zone to another zone if:
(1) cotton production has begun or could begin in the area;
(2) the area is adjacent to an eradication zone or is in an area with biological characteristics similar to the eradication zone; and
(3) the addition is approved in a referendum held in the area.
(c) The board must adopt a procurement policy, subject to approval by the commissioner, outlining the procedures to be used in purchasing.
(d) The commissioner at any time may inspect the books and other financial records of the foundation.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993. Amended by Acts 1995, 74th Leg., ch. 227, Sec. 5, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.09, eff. May 30, 1997; Acts 1999, 76th Leg., ch. 286, Sec. 1, eff. May 29, 1999.
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