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Texas Agriculture Code - Section 74.109. Board Duties

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§ 74.109. BOARD DUTIES.  (a) The board shall have an 
annual independent audit of the books, records of account, and 
minutes of proceedings maintained by the foundation prepared by an 
independent certified public accountant or a firm of independent 
certified public accountants.  The audit shall include information 
for each zone in which an eradication program has been conducted 
under this subchapter.  The audit shall be filed with the board, the 
commissioner, and the state auditor and shall be made available to 
the public by the foundation or the commissioner.  The state auditor 
may examine any work papers from the independent audit or may audit 
the transactions of the foundation if the state auditor determines 
that an audit is necessary.
	(b)  Not later than the 45th day after the last day of the 
fiscal year, the board shall submit to the commissioner a report 
itemizing all income and expenditures and describing all activities 
of the foundation during the fiscal year.
	(c)  The foundation shall provide fidelity bonds in amounts 
determined by the board for employees or agents who handle funds for 
the foundation.
	(d)  The foundation and the board are state agencies for the 
following purposes only:
		(1)  exemption from taxation including exemption from 
sales and use taxes, vehicle registration fees, and taxes under 
Chapter 152, Tax Code;  and
		(2)  indemnification under Chapter 104, Civil Practice 
and Remedies Code.   
	(e)  Funds collected by the foundation are not state funds 
and are not required to be deposited in the state treasury.  The 
foundation shall deposit all money collected under this subchapter 
in a bank or other depository approved by the commissioner.
	(f)  The foundation is a governmental unit under Section 
101.001, Civil Practice and Remedies Code, and is entitled to 
governmental immunity.  A tort claim against the foundation must be 
made under Chapter 101, Civil Practice and Remedies Code.
	(g)  The board shall collect data on the type and quantity of 
pesticides used in accordance with this subchapter.  The data shall 
be filed with the commissioner.
	(h)  All revenue collected under this subchapter shall be 
used solely to finance programs approved by the commissioner as 
consistent with this subchapter.
	(i)  The foundation is subject to the requirements of:                         
		(1)  the open meetings law, Chapter 551, Government 
Code;  and              
		(2)  the open records law, Chapter 552, Government 
Code.                    
	(j)  A board member may not vote on any matter in which the 
member has a direct pecuniary interest.  A board member is subject 
to the same restrictions as a local public official under Chapter 
171, Local Government Code.

Added by Acts 1993, 73rd Leg., ch. 8, § 1, eff. June 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 227, § 6, eff. Sept. 1, 
1995;  Acts 1997, 75th Leg., ch. 463, § 1.10, 2.03, eff. May 30, 
1997.

Last modified: August 10, 2007