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Texas Agriculture Code - Section 74.118. Authority To Prohibit Planting Of Cotton And Require Participation In Eradication Program

Legal Research Home > Texas Lawyer > Agriculture Code > Texas Agriculture Code - Section 74.118. Authority To Prohibit Planting Of Cotton And Require Participation In Eradication Program

§ 74.118. AUTHORITY TO PROHIBIT PLANTING OF COTTON AND 
REQUIRE PARTICIPATION IN ERADICATION PROGRAM.  (a) The 
commissioner may adopt reasonable rules regarding areas where 
cotton may not be planted in an eradication zone if there is reason 
to believe planting will jeopardize the success of the program or 
present a hazard to public health or safety.
	(b)  The commissioner may adopt rules prohibiting the 
planting of noncommercial cotton in eradication zones and requiring 
that all growers of commercial cotton in an eradication zone 
participate in a boll weevil or pink bollworm eradication program 
that includes cost sharing as required by the rules.
	(c)  Notice of prohibitions and requirements shall be given 
by publication for one day each week for three successive weeks in a 
newspaper having general circulation in the affected area.
	(d)  The commissioner may adopt a reasonable schedule of 
penalty fees to be assessed against growers in a designated 
eradication zone who do not meet the requirements of the rules 
issued by the commissioner relating to reporting of acreage and 
participation in cost sharing.  The penalty fees adopted may not 
exceed $50 per acre.
	(e)  If a grower fails to meet the requirements of rules 
adopted by the commissioner, the commissioner may order the 
destruction of cotton not in compliance with the rules.  Costs 
incurred by the commissioner in the destruction of cotton may be 
assessed against the grower.

Added by Acts 1993, 73rd Leg., ch. 8, § 1, eff. June 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 227, § 14, eff. Sept. 1, 
1995;  Acts 1997, 75th Leg., ch. 463, § 2.07, eff. May 30, 1997.

Last modified: August 10, 2007