Texas Agriculture Code Title 5, Chapter 74 - Cotton Diseases And Pests

SUBCHAPTER A COTTON PEST CONTROL

• Texas Section 74.001 - Public Nuisance
  (a) The legislature finds that cotton pests are a menace to the cotton industry, and that control of those pests is a public necessity. Any...
• Texas Section 74.002 - Definitions
  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...
• Texas Section 74.003 - Establishment Of Pest Management Zones
  (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...
• Texas Section 74.0031 - Cotton Stalk Destruction
  (a) The department shall submit the recommendations of each administrative committee that governs a pest management zone under Section 74.003 to the Texas Boll Weevil...
• Texas Section 74.0032 - Hostable Cotton Fee
  (a) The department shall establish and collect a hostable cotton fee for fields in which hostable cotton stalks, hostable volunteer cotton, or other hostable noncommercial...
• Texas Section 74.004 - Destruction Of Host Plants
  (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...
• Texas Section 74.0041 - Regulation Of Planting Dates
  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,...
• Texas Section 74.005 - Entry Power; Inspections
  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...
• Texas Section 74.006 - Rules
  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,...
• Texas Section 74.007 - Offenses; Penalty
  (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...
• Texas Section 74.008 - Civil Penalty; Injunction
  (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...
• Texas Section 74.009 - Cotton Pest Control And Eradication Policy
  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...
• Texas Section 74.010 - Regulation Of Cotton Pests; Quarantines
  (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...
• Texas Section 74.011 - Regulation Of Ginning
  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...
• Texas Section 74.012 - Inspectors
  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...

SUBCHAPTER D OFFICIAL COTTON GROWERS' BOLL WEEVIL ERADICATION FOUNDATION

• Texas Section 74.013 - Cooperation With Federal Programs
  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...
• Texas Section 74.101 - Findings And Declaration Of Policy
  (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...
• Texas Section 74.1011 - Designation Of Entity To Carry Out Boll Weevil Eradication
  (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...
• Texas Section 74.102 - Definitions
  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...
• Texas Section 74.1021 - Statutory Zones
  (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...
• Texas Section 74.1041 - Advisory Committees
  (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...
• Texas Section 74.1042 - Creation Of Nonstatutory Eradication Zones
  (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...
• Texas Section 74.105 - Eradication Zone Referenda
  (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...
• Texas Section 74.106 - Board Elections
  (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....
• Texas Section 74.107 - Composition Of Board
  (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...
• Texas Section 74.108 - Powers Of Board And Commissioner
  (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,...
• Texas Section 74.109 - Board Duties
  (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...
• Texas Section 74.1095 - Administrative Review
  (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...
• Texas Section 74.110 - Liability Of Foundation Members, Officers, And Employees
  (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...
• Texas Section 74.1101 - Liability Of Applicators
  (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...
• Texas Section 74.1102 - Contracting
  (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...
• Texas Section 74.111 - Board Member Compensation
  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...
• Texas Section 74.112 - Discontinuation Of Program And Foundation And Disposition Of Funds On Discontinuance
  (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...
• Texas Section 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...
• Texas Section 74.1135 - Alternative Method Of Assessments
  (a) The commissioner may adopt rules that provide for an alternative method, manner, and mechanism by which assessments are imposed and collected under this subchapter....
• Texas Section 74.114 - Conduct Of Board Elections And Referenda; Balloting
  (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...
• Texas Section 74.115 - Payment Of Assessments; Assessment Liens
  (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...
• Texas Section 74.116 - Exemption From Assessment Penalties
  (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...
• Texas Section 74.117 - Entry Of Premises; Eradication Activities; Inspections
  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...
• Texas Section 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...
• Texas Section 74.119 - Authority For Destruction Or Treatment Of Cotton In Eradication Zones; Compensation Payable
  (a) The department shall destroy or treat hostable volunteer or other hostable noncommercial cotton and establish procedures for the purchase and destruction of commercial cotton...
• Texas Section 74.120 - Authority To Adopt Rules
  (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...
• Texas Section 74.121 - Reports
  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...
• Texas Section 74.122 - Quarantine
  (a) The department may adopt rules relating to quarantining areas of this state that are infested with the boll weevil or the pink bollworm. The...
• Texas Section 74.123 - Documenting Regulated Articles
  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...
• Texas Section 74.124 - Cooperative Programs Authorized
  (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...
• Texas Section 74.125 - Organic Cotton Growers
  (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...
• Texas Section 74.126 - Penalties
  (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,...
• Texas Section 74.127 - Sunset Provision
  (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...
• Texas Section 74.128 - Annual Report
  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...
• Texas Section 74.129 - Exemption From Lawsuits, Liability, Taxation, And Legal Process
  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...
• Texas Section 74.130 - Use Of Bio-intensive Controls
  (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...

SUBCHAPTER E COST-SHARING FOR BOLL WEEVIL ERADICATION

• Texas Section 74.131 - Venue
  (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...
• Texas Section 74.151 - Definitions
  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....
• Texas Section 74.152 - Creation Of Cost-sharing Program
  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...

SUBCHAPTER F MAINTENANCE PROGRAM FOR BOLL WEEVIL AND PINK BOLLWORM ERADICATION

• Texas Section 74.153 - Cost-sharing Program Requirements
  (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...
• Texas Section 74.201 - Definitions
  The definitions provided by Section 74.102 apply to this subchapter. Added by Acts 2005, 79th Leg., Ch. 119 (S.B. 1428), Sec. 3, eff. September 1,
• Texas Section 74.202 - Maintenance Areas
  (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...
• Texas Section 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...
• Texas Section 74.2035 - Transfer Of Funds Between Eradication Zones And Maintenance Areas
  Notwithstanding any provision of this subchapter or Subchapter D, with the approval of the board and the commissioner, the foundation may transfer funds, including the...
• Texas Section 74.204 - Rules
  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...

Last modified: September 28, 2016