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Texas Agriculture Code - Chapter 74 Cotton Diseases And PestsLegal Research Home > Texas Lawyer > Agriculture Code > Texas Agriculture Code - Chapter 74 Cotton Diseases And Pests The legislature finds that cotton pests are a menace to the cotton industry, and that control of those pests is a public necessity. Any portion ... In this subchapter: (1) "Cotton" includes the cotton plant, cotton in the boll, cotton stalk, and all cotton products, including seed cotton, cottonseed, and cotton ... (a) Any producer organization authorized under the laws of this state or recognized under department rules and representing cotton producers may petition the commissioner for ... (a) On petition of the administrative committee of a pest management zone, the department may establish regulated areas, dates, and appropriate methods of destruction of ... On petition of the administrative committee of a pest management zone, the department may establish uniform planting dates for host plants. Added by Acts 1993, ... For the purpose of enforcing this chapter, the department is entitled to: (1) enter any field of host plants or any premises in which a ... The department may adopt rules as are necessary for the efficient enforcement and administration of this subchapter. Amended by Acts 1987, 70th Leg., ch. 691, ... (a) A person commits an offense if the person: (1) violates a proclamation or a rule or restriction adopted under this subchapter; (2) brings into ... (a) A person who violates this subchapter or a rule adopted under this subchapter is liable to the state for a civil penalty of not ... The state shall employ all constitutional methods to control and eradicate cotton pests that scientific research demonstrates to be successful, including: (1) inspection of host ... (a) If, under prior law, the department proclaimed a quarantine against infested territory, no person may import into Texas from the quarantined territory a substance ... A ginner may not gin cotton from a regulated zone under this subchapter unless the ginner disinfects the seed in accordance with rules of the ... The department may employ and prescribe the qualifications and duties of inspectors and other employees necessary to the administration of this subchapter. Acts 1981, 67th ... The department shall cooperate with the United States Department of Agriculture in any measure authorized by, and undertaken in accordance with, federal law for preventing ... (a) It is hereby found and declared that: (1) the insects Anthonomus grandis Boheman, known as the boll weevil, and Pectinophora gossypiella, known as the ... (a) The Texas Boll Weevil Eradication Foundation, Inc., a Texas nonprofit corporation chartered by the secretary of state on September 14, 1993, shall be recognized ... In this subchapter: (1) "Board" means the board of directors of the Texas Boll Weevil Eradication Foundation, Inc. (2) "Boll weevil" has the meaning assigned ... (a) The Northern High Plains Eradication Zone consists of Armstrong, Bailey, Briscoe, Castro, Deaf Smith, Floyd, Hale, Lamb, Parmer, Randall, and Swisher counties, and other ... (a) The commissioner may appoint an advisory committee for an existing eradication zone or an area of the state that is to be considered by ... (a) The commissioner may by rule designate an area of the state as a proposed eradication zone as long as the area is not within ... (a) The commissioner shall conduct a referendum in each proposed eradication zone to determine whether cotton growers desire to establish an eradication zone. (b) Eradication ... (a) The initial election for board members from a proposed eradication zone shall be held concurrently with an eradication zone referendum held under Section 74.105. ... (a) The board shall be composed of members elected from each statutory eradication zone established and validated by referendum, members elected from each nonstatutory eradication ... (a) The board may: (1) conduct programs consistent with the declaration of policy stated in Section 74.101; (2) accept, as necessary to implement this chapter, ... (a) The board shall have an annual independent audit of the books, records of account, and minutes of proceedings maintained by the foundation prepared by ... (a) The commissioner by rule shall establish procedures for the informal review and resolution of a claim arising out of certain acts taken by the ... (a) Except for instances of gross negligence, individual criminal actions, or acts of dishonesty, the foundation's members, directors, officers, and employees are not individually liable ... (a) In this section, "applicator" means an individual or other person that is not a member, director, officer, or employee of the foundation and that ... (a) For a purchase of goods and services under this chapter, the foundation may purchase goods and services that provide the best value for the ... Board members serve without compensation but are entitled to reimbursement for reasonable and necessary expenses incurred in the discharge of their duties. Added by Acts ... (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 ... (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 ... (a) The commissioner shall conduct a referendum or board election authorized under this subchapter. At the end of each four-year period in which an eradication ... (a) A cotton grower who fails to pay an assessment levied under this subchapter when due may be subject, after reasonable notice and opportunity for ... (a) The commissioner by rule shall adopt criteria for exemption from payment of assessment penalties under Section 74.115 of this code a cotton grower for ... The department, the foundation, or a designated representative of either entity may enter cotton fields or other premises to carry out the purposes of this ... (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 ... The department may destroy or treat volunteer or other noncommercial cotton and establish procedures for the purchase and destruction of commercial cotton in eradication zones ... (a) The commissioner shall adopt rules to protect individuals, livestock, wildlife, and honeybee colonies on any premises in an eradication zone on which cotton plants ... Each person in an active eradication zone growing cotton in this state shall furnish to the foundation on forms supplied by the foundation information that ... The department may adopt rules relating to quarantining areas of this state that are infested with the boll weevil or the pink bollworm. The rules ... To implement this subchapter, the department may issue or authorize issuance of: (1) a certificate that indicates that a regulated article is not infested with ... (a) The foundation may carry out programs to destroy and eliminate the boll weevil and the pink bollworm in this state by cooperating through written ... (a) The commissioner shall develop rules and procedures to: (1) protect the eligibility of organic cotton growers to be certified by the commissioner; (2) ensure ... (a) A person who violates this subchapter or a rule adopted under this subchapter or who alters, forges, counterfeits, or uses without authority a certificate, ... (a) The board of directors of the official cotton growers' boll weevil eradication foundation is subject to Chapter 325, Government Code (Texas Sunset Act). Unless ... The board shall issue to the commissioner and the appropriate oversight committee in the house of representatives an annual report detailing its efforts to carry ... The legislature recognizes that the foundation, acting under the supervision and control of the commissioner, is carrying out an important governmental function and that therefore ... (a) The commissioner shall develop and adopt rules to allow a cotton grower in an eradication program to use biological, botanical, or other non-synthetic pest ... (a) Venue for an action arising out of this subchapter in which the foundation is a party is in Travis County. (b) This section does ... In this subchapter: (1) "Boll weevil" and "pink bollworm" have the meanings assigned by Section 74.002. (2) "Commissioner" has the meaning assigned by Section 74.102. ... As part of the program to eradicate the boll weevil and the pink bollworm under this chapter, a cost-sharing program is created to be administered ... (a) The commissioner may contract to obtain boll weevil eradication services for the state with the entity named under Section 74.1011. (b) The department may ... The definitions provided by Section 74.102 apply to this subchapter. Added by Acts 2005, 79th Leg., ch. 119, § 3, eff. Sept. 1, 2005. ... (a) On the request of the foundation and affected cotton grower steering committees, the commissioner by rule may designate boll weevil and pink bollworm eradication ... (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 ... The department may adopt rules necessary for the implementation and operation of a maintenance program under this subchapter, including rules limiting the balance of maintenance ... Texas Lawyers
Last modified: August 10, 2007 |