Court Opinions

State Laws

US Code

US Constitution

Texas Agriculture Code - Section 74.105. Eradication Zone Referenda

Legal Research Home > Texas Lawyer > Agriculture Code > Texas Agriculture Code - Section 74.105. Eradication Zone Referenda

§ 74.105. ERADICATION ZONE REFERENDA.  (a) The 
commissioner shall conduct a referendum in each proposed 
eradication zone to determine whether cotton growers desire to 
establish an eradication zone.
	(b)  Eradication zone referenda shall be conducted under the 
procedures provided by Section 74.114 of this code.
	(c)  A proposed eradication zone referendum ballot must 
include or be accompanied by information about the proposed 
eradication zone, including:
		(1)  a statement of the purpose of the boll weevil or 
pink bollworm eradication program;
		(2)  the geographic area included in the proposed 
eradication zone;         
		(3)  a general summary of rules adopted by the 
commissioner under Sections 74.114, 74.118, and 74.120 of this 
code, including a description of:
			(A)  cotton grower responsibilities;  and                                    
			(B)  penalties for noncompliance with rules 
adopted under this subchapter;  and
		(4)  an address and toll-free telephone number that a 
cotton grower may use to request more information about the 
referendum or the boll weevil or pink bollworm eradication program.
	(d)  If a referendum to establish an eradication zone fails, 
the concurrent election of a board member from the proposed 
eradication zone under Section 74.106 has no effect, and the 
commissioner shall appoint a representative to the board from the 
area.
	(e)  The foundation may request the commissioner to call 
additional referenda in a proposed eradication zone in which a 
referendum has failed.  An additional eradication zone referendum 
and concurrent board election may be held no earlier than one year 
after the date of the last referendum.
	(f)  After the passage of any referendum, the eligible voters 
shall be allowed, by subsequent referenda, to vote on whether to 
continue their assessments.  All of the requirements for an initial 
referendum must be met in subsequent referenda.

Amended by Acts 1995, 74th Leg., ch. 227, § 3, eff. Sept. 1, 
1995;  Acts 1997, 75th Leg., ch. 463, § 1.06, 2.01, eff. May 30, 
1997.

Last modified: August 10, 2007