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Texas Agriculture Code - Section 74.101. Findings And Declaration Of Policy

Legal Research Home > Texas Lawyer > Agriculture Code > Texas Agriculture Code - Section 74.101. Findings And Declaration Of Policy

§ 74.101. FINDINGS AND DECLARATION OF POLICY.  (a) It is 
hereby found and declared that:
		(1)  the insects Anthonomus grandis Boheman, known as 
the boll weevil, and Pectinophora gossypiella, known as the pink 
bollworm, are public nuisances and a menace to the cotton industry, 
and their eradication is a public necessity;
		(2)  because of the differences in soil conditions, 
growing seasons, farming techniques, and climate conditions among 
several areas in the state where cotton is grown, the eradication 
and suppression of the nuisance can best be accomplished by 
dividing the cotton-growing areas into separate zones so that 
integrated pest management programs may be developed for each zone;
		(3)  there is a need for a quasi-governmental entity 
acting under the supervision and control of the commissioner whose 
members are actual cotton growers who would be represented on the 
board of the entity by directors elected by them to manage 
eradication and suppression programs and to furnish expertise in 
the field of insect control and eradication, because such an entity 
would enhance the interest and participation of cotton growers in 
the program;
		(4)  because of the progress made in eradication, 
investments made by cotton growers in certain areas, the potential 
injustice to certain cotton growers who have made such investments, 
and the stage of development of the cotton crops in the statutory 
eradication zones, an urgent public necessity exists to validate 
and ratify the assessments, agreements, and obligations of the 
Texas Boll Weevil Eradication Foundation, Inc., made or incurred by 
the foundation and related to certain statutory zones;
		(5)  cotton growers, in partnership with the state and 
federal governments, have made significant investments toward the 
eradication of these pests in this state;
		(6)  it is essential to the well-being of the cotton 
industry and the agricultural economy of this state that the 
investments of the cotton growers and the state and federal 
governments be protected;  and
		(7)  the establishment of a maintenance program to be 
carried out by the foundation under the supervision of the 
department is required to protect the investments in eradication.
	(b)  It is the intent of the legislature that the program of 
eradication and suppression be carried out with the best available 
integrated pest management techniques.
	(c)  The department may recover costs for administration of 
this subchapter. 

Added by Acts 1993, 73rd Leg., ch. 8, § 1, eff. June 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 227, § 1, eff. Sept. 1, 
1995;  Acts 1997, 75th Leg., ch. 463, § 1.01, eff. May 30, 1997;  
Acts 2005, 79th Leg., ch. 119, § 1, eff. Sept. 1, 2005.

Last modified: August 10, 2007