Sec. 80.015. ASSESSMENT REFERENDA. (a) The commissioner shall propose the assessment needed in each pest management zone to ensure the stability of the citrus industry by suppressing the public nuisance caused by pests.
(b) The commissioner shall propose in a referendum the:
(1) maximum assessment to be paid by citrus producers in the pest management zone; and
(2) time for which the assessment will be made.
(c) With the commissioner's approval, the corporation may make an assessment in a pest management 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 80.016.
(e) If an assessment referendum is approved, the corporation may collect the assessment.
(f) An assessment levied on citrus producers in a pest management zone may be applied only to:
(1) pest control in that zone;
(2) the corporation's operating costs, including payments on debt incurred for a corporation 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 80.001.
(g) The assessment shall be adequate and necessary to achieve the goals of this chapter. 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 suppress;
(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 in the pest management 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 citrus producers;
(5) the restructuring and repayment schedule for any preexisting debt; and
(6) the amount of debt to be incurred in the pest management 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 corporation's operating budget.
(k) The corporation shall prepare and mail billing statements to each citrus producer subject to the assessment that state the amount due and the due date. The assessments shall be sent to the corporation.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 5.02, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 29 (S.B. 1749), Sec. 7, eff. September 1, 2015.
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