Court Opinions

State Laws

US Code

US Constitution

Texas Agriculture Code - Section 74.112. Discontinuation Of Program And Foundation And Disposition Of Funds On Discontinuance

Legal Research Home > Texas Lawyer > Agriculture Code > Texas Agriculture Code - Section 74.112. Discontinuation Of Program And Foundation And Disposition Of Funds On Discontinuance

§ 74.112. DISCONTINUATION OF PROGRAM AND FOUNDATION AND 
DISPOSITION OF FUNDS ON DISCONTINUANCE.  (a) On the determination 
by the foundation that the boll weevil eradication program has been 
completed in all eradication zones established under this 
subchapter for boll weevil control and the pink bollworm 
eradication program has been completed in any eradication zone 
established under this chapter for pink bollworm control, the 
foundation shall provide notice of such completion to the 
commissioner along with a request for discontinuance of the 
eradication program and collection of the assessment.  Any such 
request shall include documentation supporting the eradication of 
the boll weevil in all eradication zones established for boll 
weevil eradication or pink bollworm in any eradication zone 
established for pink bollworm eradication and a plan for 
discontinuance of the program and assessment.
	(b)  The commissioner shall determine whether or not the 
further elimination of the boll weevil or pink bollworm is 
necessary in the eradication zones and approve or disapprove 
discontinuance of the foundation and the plan for dissolution.
	(c)  On completion of dissolution, the foundation shall file 
a final report with the commissioner, including a financial report, 
and submit all remaining funds into the trust of the commissioner.  
Final books of the foundation shall be filed with the commissioner 
and are subject to audit by the department.
	(d)  The commissioner shall pay from the foundation's 
remaining funds all of the foundation's outstanding obligations.
	(e)  Funds remaining after payment under Subsection (d) of 
this section shall be returned to contributing cotton growers on a 
pro rata basis.
	(f)  If 30 percent or more of the cotton growers eligible to 
vote within a zone participating in the program present to the 
commissioner a petition calling for a referendum of the qualified 
voters on the proposition of discontinuing the program, the 
commissioner shall conduct a referendum for that purpose.
	(g)  The commissioner shall give notice of the referendum, 
the referendum shall be conducted, and the results shall be 
declared in the manner provided by law for the original referendum 
and election, with any necessary exceptions provided by rule of the 
commissioner.
	(h)  The commissioner shall conduct the referendum within 90 
days of the date of filing of the petition, except that no such 
referendum may be held within two years of any other referendum in 
the eradication zone pertaining to establishing or discontinuing 
the eradication zone.
	(i)  Approval of the proposition is by the same vote as 
required in a referendum under Section 74.114(g). If the 
proposition is approved, the eradication program is abolished and 
the eradication zone ceases to exist on payment of all debts of the 
eradication zone.

Added by Acts 1993, 73rd Leg., ch. 8, § 1, eff. June 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 227, § 8, eff. Sept. 1, 
1995;  Acts 1997, 75th Leg., ch. 463, § 1.14, 2.05, eff. May 30, 
1997.

Last modified: August 10, 2007