Sec. 80.006. PEST MANAGEMENT ZONE REFERENDA. (a) The commissioner shall conduct a referendum in each proposed pest management zone to determine whether citrus producers want to establish a pest management zone.
(b) Pest management zone referenda shall be conducted under the procedures provided by Section 80.016.
(c) A proposed pest management zone referendum ballot must include or be accompanied by information about the proposed pest management zone, including:
(1) a statement of the purpose of the pest suppression program;
(2) the geographic area included in the proposed pest management zone;
(3) a general summary of rules adopted by the commissioner under Sections 80.016, 80.020, and 80.022, including a description of:
(A) citrus producer responsibilities; and
(B) penalties for noncompliance with rules adopted under this chapter; and
(4) an address and toll-free telephone number that a citrus producer may use to request more information about the referendum or the pest suppression program.
(d) If a referendum to establish a pest management zone is not approved, the concurrent election of a board member from the proposed pest management zone under Section 80.007 has no effect, and the commissioner shall appoint a representative to the board from the area.
(e) The corporation may request the commissioner to call additional referenda in a proposed pest management zone in which a referendum has not been approved. An additional pest management zone referendum and concurrent board election may not be held before the first anniversary of the date of the preceding referendum.
(f) After the approval of any referendum, the eligible voters shall be allowed, by subsequent referenda, to vote on whether to continue their assessments. The requirements for an initial referendum must be complied with in a subsequent referendum.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 29 (S.B. 1749), Sec. 4, eff. September 1, 2015.
Structure Texas Statutes
Title 5 - Production, Processing, and Sale of Horticultural Products
Subtitle B - Horticultural Diseases and Pests
Chapter 80 - Official Citrus Producers' Pest and Disease Management Corporation
Section 80.001. Findings and Declaration of Policy
Section 80.002. Designation of Entity to Carry Out Citrus Pest and Disease Control and Suppression
Section 80.004. Advisory Committees
Section 80.005. Creation of Pest Management Zones
Section 80.006. Pest Management Zone Referenda
Section 80.007. Board Elections
Section 80.008. Composition of Board
Section 80.009. Powers of Board and Commissioner
Section 80.011. Administrative Review
Section 80.013. Board Member Compensation
Section 80.015. Assessment Referenda
Section 80.016. Conduct of Board Elections and Referenda; Balloting
Section 80.017. Payment of Assessments; Assessment Liens
Section 80.018. Exemption From Assessment Penalties
Section 80.019. Entry of Premises; Suppression Activities; Inspections
Section 80.022. Authority to Adopt Rules
Section 80.024. Documenting Regulated Articles
Section 80.025. Cooperative Programs Authorized
Section 80.026. Organic Citrus Producers
Section 80.028. Dissolution Provision
Section 80.030. Exemption From Taxation