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Texas Agriculture Code - Section 74.113. Assessment Referenda

Legal Research Home > Texas Lawyer > Agriculture Code > Texas Agriculture Code - Section 74.113. Assessment Referenda

§ 74.113. ASSESSMENT REFERENDA.  (a) The commissioner 
shall propose the assessment needed in each eradication zone to 
ensure the stability of the cotton industry by eradicating the 
public nuisance caused by the boll weevil and the pink bollworm.
	(b)  The commissioner shall propose in a referendum the:                       
		(1)  maximum assessment to be paid by cotton growers 
having production in the eradication zone;  and
		(2)  time for which the assessment will be made.                              
	(c)  With the commissioner's approval, the foundation may 
make an assessment in an eradication zone at a level less than the 
assessment approved by the referendum.
	(d)  The commissioner shall conduct an assessment referendum 
under the procedures provided by Section 74.114.
	(e)  If an assessment referendum is approved, the foundation 
may collect the assessment.
	(f)  An assessment levied on cotton growers in an eradication 
zone may be applied only to:
		(1)  eradication in that zone;                                                
		(2)  the foundation's operating costs, including 
payments on debt incurred for a foundation activity, except that 
the funds of one zone may not be used to pay another zone's bank 
loans or debts;  and
		(3)  the conducting of other programs consistent with 
the declaration of policy stated in Section 74.101.
	(g)  The assessment shall be adequate and necessary to 
achieve the goals of this subchapter.  The amount of the assessment 
shall be determined by criteria established by the commissioner, 
including:
		(1)  the extent of infestation;                                               
		(2)  the amount of acreage planted;                                           
		(3)  historical efforts to eradicate;                                         
		(4)  the growing season;                                                      
		(5)  epidemiology;                                                            
		(6)  historical weather conditions;  and                                      
		(7)  the costs and financing of the program.                                  
	(h)  The commissioner shall give notice of and hold a public 
hearing within the eradication zone regarding the proposed 
assessment referendum.  Before the referendum, the commissioner 
shall review and approve:
		(1)  the amount of the assessment;                                            
		(2)  the basis for the assessment;                                            
		(3)  the time for payment of the assessment;                                  
		(4)  the method of allocation of the assessment among 
cotton growers;       
		(5)  the restructuring and repayment schedule for any 
pre-existing debt;  and
		(6)  the amount of debt to be incurred in the 
eradication zone.             
	(i)  The commissioner shall on a zone-by-zone basis set the 
date on which assessments are due and payable.
	(j)  Each year, the commissioner shall review and approve the 
foundation's operating budget.
	(k)  The foundation shall prepare and mail billing 
statements to each cotton grower subject to the assessment that 
state the amount due and the due date.  The assessments shall be 
remitted to the foundation.

Added by Acts 1993, 73rd Leg., ch. 8, § 1, eff. June 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 227, § 9, eff. Sept. 1, 
1995;  Acts 1997, 75th Leg., ch. 463, § 1.15, eff. May 30, 1997.

Last modified: August 10, 2007