Texas Statutes
Subchapter D. Official Cotton Growers' Boll Weevil Eradication Foundation
Section 74.129. Exemption From Lawsuits, Liability, Taxation, and Legal Process

Sec. 74.129. EXEMPTION FROM LAWSUITS, LIABILITY, TAXATION, AND LEGAL PROCESS. The legislature recognizes that the foundation, acting under the supervision and control of the commissioner, is carrying out an important governmental function and that therefore the foundation, as a quasi-governmental entity, must be immune from lawsuits and liability except to the extent provided in Chapter 101, Civil Practice and Remedies Code, and as provided by this section. Therefore, no claims may be brought or continued against the foundation except: (1) claims allowed by Chapter 101, Civil Practice and Remedies Code; and (2) claims pending against the foundation on April 30, 1997, plus attorney's fees and costs of court. With the exception of finally adjudicated claims arising from Chapter 101, Civil Practice and Remedies Code, and claims for assessments, attorney's fees, and costs of court paid by named plaintiffs in lawsuits pending on or before April 30, 1997, all payments, contributions, funds, and assessments received or held by the foundation under this subchapter are exempt from garnishment, attachment, execution, or other seizure and from state and local taxation, levies, sales, and any other process and are unassignable. Nothing in this section shall affect or impair any existing or future indebtedness or any existing or future security interest created under a note, security agreement, assignment, or other loan agreement between the foundation and a lender or any judgment, to the extent such judgment allows recovery against the foundation pursuant to a note, security agreement, loan agreement, or other document.
Added by Acts 1997, 75th Leg., ch. 463, Sec. 1.25, eff. May 30, 1997.

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