Texas Agriculture Code - Section 74.203. Maintenance Fees
Legal Research Home >
Texas Lawyer > Agriculture Code > Texas Agriculture Code - Section 74.203. Maintenance Fees
§ 74.203. MAINTENANCE FEES. (a) The commissioner by rule
may impose a maintenance fee on all cotton grown or on all cotton
acres in a maintenance area.
(b) The maintenance fee must be collected on a per-acre or
per-bale basis at a rate to be set by the commissioner after
receiving a recommendation from the board. The board shall consult
with cotton grower steering committees and the technical advisory
committee in formulating a recommendation to the commissioner under
this subsection. The commissioner may accept, reject, or modify a
board recommendation.
(c) The commissioner by rule may determine the method,
manner, and mechanism by which maintenance fees are collected,
including provisions for collection at central points in the cotton
marketing process. The rules must provide for the fee collector to
forward maintenance fees to the credit of the foundation.
(d) The amount of the maintenance fee must be based on:
(1) the number of cotton acres in a maintenance area;
(2) the potential for reinfestation from outside the
maintenance area;
(3) the growing season;
(4) epidemiology;
(5) historical weather conditions;
(6) the expected costs of the maintenance program;
and
(7) the need for an adequate reserve to respond to
potential reinfestations in a rapid, effective manner.
(e) The department shall hold one or more hearings regarding
the amount and collection methods of a maintenance fee to be imposed
under this section.
(f) Maintenance fees collected under this section are not
state funds.
Added by Acts 2005, 79th Leg., ch. 119, § 3, eff. Sept. 1, 2005.
Section: 74.130 74.131 74.151 74.152 74.153 74.201 74.202 74.203 74.204 76.001 76.002 76.003 76.004 76.005 76.006
Last modified: August 10, 2007
|
