CHAPTER 74. COTTON DISEASES AND PESTS

AGRICULTURE CODE

TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL

PRODUCTS

SUBTITLE B. HORTICULTURAL DISEASES AND PESTS

CHAPTER 74. COTTON DISEASES AND PESTS

SUBCHAPTER A. COTTON PEST CONTROL

Sec. 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 portion of the

state that is susceptible to infestation by cotton pests must be

protected from this public nuisance and threat to the continued

stability of the cotton industry.

(b) The legislature finds that volunteer and other noncommercial

cotton is a public nuisance that threatens the cotton growers'

boll weevil eradication program by serving as a host for cotton

pests such as boll weevils and pink bollworms. To protect the

cotton industry of this state, volunteer and other noncommercial

cotton must be eliminated subject to the provisions of this

chapter.

Acts 1981, 67th Leg., p. 1173, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1987, 70th Leg., ch. 691, Sec. 1, eff.

Sept. 1, 1987; Acts 1995, 74th Leg., ch. 957, Sec. 1, eff. June

16, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

178, Sec. 1, eff. May 27, 2009.

Sec. 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 hulls, but not including cotton oil or

cotton meal.

(2) "Cotton pest" includes the boll weevil and the pink

bollworm.

(3) "Host plant" means a plant susceptible to infestation by the

boll weevil, pink bollworm, or any other cotton pest.

(4) "Boll weevil" means the insect Anthonomus grandis Boheman,

in any stage of development, including the egg, larval, pupal,

and adult stages.

(5) "Okra" includes okra stalks.

(6) "Pest management zone" means a geographical zone established

by the department under this chapter for purposes of cotton pest

control and prevention.

(7) "Pink bollworm" means the insect Pectinophora gossypiella,

Saunders, in any stage of development, including the egg, larval,

pupal, and adult stages.

Amended by Acts 1987, 70th Leg., ch. 691, Sec. 1, eff. Sept. 1,

1987; Acts 1995, 74th Leg., ch. 957, Sec. 2, eff. June 16, 1995.

Sec. 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 certification to

establish a pest management zone. A pest management zone may

include all or part of one or more counties.

(b) Within 15 days following the day on which a petition for

certification is received, the commissioner shall determine

whether or not to grant certification.

(c) If the commissioner determines that, on the basis of

information submitted, the petitioning organization is

representative of cotton producers within the boundaries

described in the petition and that the petition conforms to the

purposes and provisions of this subchapter, the commissioner

shall certify that the organization is representative of the

producers of the commodity within the described area and is

authorized to establish a pest management zone.

(d) An administrative committee shall govern each pest

management zone. The committee consists of a representative of

the department and of cotton producers who represent the counties

in the zone and who are appointed by the commissioner. Each

county in the zone must be represented by a producer on the

committee. The committee shall:

(1) make recommendations to the department regarding control of

cotton pests in the zone, including recommendations on

regulations needed to control and prevent cotton pest

infestation;

(2) make recommendations on any legislative changes that are

needed; and

(3) give advice and counsel to the department regarding

effective enforcement of this subchapter within the zone.

Amended by Acts 1987, 70th Leg., ch. 691, Sec. 1, eff. Sept. 1,

1987; Acts 1995, 74th Leg., ch. 957, Sec. 3, eff. June 16, 1995.

Sec. 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 Eradication Foundation. On review of the

administrative committee recommendations, the foundation shall

submit to the department an estimate of the amount by which the

implementation of each recommendation would increase the cost of

administering the boll weevil eradication program.

(b) The Texas Boll Weevil Eradication Foundation shall:

(1) conduct a study of the effects of incomplete cotton stalk

destruction and volunteer cotton control on boll weevil

eradication activities; and

(2) submit annual recommendations to the department and the

board of the foundation for a cotton stalk destruction deadline

for each pest management zone.

(c) The Texas Boll Weevil Eradication Foundation may consult

with its technical advisory committee in fulfilling its duties

under Subsection (b).

(d) The department shall set a cotton stalk destruction deadline

for each pest management zone, with consideration given to the

recommendations of the foundation and the applicable

administrative committee submitted under Subsection (b).

Added by Acts 2009, 81st Leg., R.S., Ch.

178, Sec. 2, eff. May 27, 2009.

Sec. 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 cotton remains past the stalk destruction

deadline set for the applicable pest management zone under

Section 74.0031. A fee under this section shall be expressed in

terms of dollars per acre, per week in which the stalks,

volunteer cotton, or other noncommercial cotton remains in the

field. The department shall establish a procedure to notify a

cotton grower that a fee is due the department under this

section.

(b) If adverse weather conditions or other good cause exists,

the administrative committee that governs the applicable pest

management zone may request that the department grant an

extension of the cotton stalk destruction deadline for any

specified part of the pest management zone or for the entire pest

management zone. A request under this subsection must be made

not later than 10 business days before the applicable cotton

stalk destruction deadline. A field is not subject to a hostable

cotton fee if the department grants an extension of the deadline.

The Texas Boll Weevil Eradication Foundation shall submit to the

department an estimate of the amount by which an extension under

this subsection will increase the cost of administering the boll

weevil eradication program.

(c) If the applicable administrative committee does not request

an extension, or if the department denies a request for an

extension of the cotton stalk destruction deadline for a

specified part of a pest management zone, a cotton grower may

apply for an individual extension of the deadline. A request

under this subsection must be made not later than 10 business

days before the applicable pest management zone's stalk

destruction deadline.

(d) The Texas Boll Weevil Eradication Foundation shall submit to

the department an estimate of the amount by which any extension

of a stalk destruction deadline that is granted under Subsection

(c) will increase the cost of administering the boll weevil

eradication program.

(e) Any hostable cotton or hostable cotton stalks that remain in

a field after the cotton stalk destruction deadline or any

extension of the stalk destruction deadline has passed are

subject to the hostable cotton fee established under Subsection

(a). Any hostable cotton or hostable cotton stalks that remain

in a field for more than 30 days after the stalk destruction

deadline or any extension of the deadline are subject to 150

percent of the hostable cotton fee established under Subsection

(a).

(f) A hostable cotton fee shall be sent to the comptroller and

may be appropriated only for the purpose of treating hostable

cotton or for other expenses related to boll weevil eradication.

The department may contract with the Texas Boll Weevil

Eradication Foundation or its successor entity for the treatment,

control, or monitoring activities funded from the account.

(g) Unless the fee is paid on or before the 45th day after the

date the department gives notice to a cotton grower that a

hostable cotton fee is due, the department may destroy any cotton

or cotton stalks that remain in the field, as provided by Section

74.004.

(h) The department shall adopt rules to administer this section.

Added by Acts 2009, 81st Leg., R.S., Ch.

178, Sec. 2, eff. May 27, 2009.

Sec. 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 stalks, other parts, and products of

host plants for cotton pests, including requirements for

destruction of foliage, fruiting structures, and root systems of

host plants after the harvest deadline.

(b) If on inspection of a field after the harvest deadline, the

department determines that host plants or any parts or products

of host plants have not been destroyed within the time specified

by regulation of the department, the department may declare the

field to be a public nuisance.

(c) On the declaration of a field as a public nuisance, the

department may take any action necessary to complete destruction

of host plants or host plant products or parts to prevent the

spread of cotton pests from the infested area and shall:

(1) immediately give written notice to any farm owner and to the

operator in charge of the field that the field is in violation of

this section, instructing the owner and operator to destroy host

plants or host plant products or parts within seven days after

the date written notice is issued;

(2) post for a period of three consecutive days a copy of the

notice on or in the immediate vicinity of the field in violation,

if either the owner or operator of the field cannot be located

after a reasonably diligent effort by the department; and

(3) have the host plants or host plant products or parts

destroyed, if no response is received by the department from

either the owner or operator within four days after the date of

posting of the notice at the field or if the department considers

a response inadequate.

(d) If adverse weather conditions or other good cause exists,

the commissioner may, on written request by a farm owner or

operator, grant an extension of the date of implementation of

appropriate host plant or host plant product or part destruction.

(e) If it becomes necessary for the department to contract with

someone to destroy host plants or host plant products or parts,

the farm owner or operator shall reimburse the department for

1-1/2 times the actual costs required for destruction.

(f) If neither the farm owner nor operator reimburses the

department as provided by Subsection (e) of this section within

30 days after the date of the completion of department action and

issuance by the department of a bill requesting payment, the

department may place a lien against the property on which a

violation of a department regulation under this section has

occurred.

(g) The department may perfect the lien by filing the lien, a

sworn statement of the indebtedness, and a description of the

property subject to the lien with the county clerk of the county

in which the property is located. The lien must be filed within a

30-day period following the expiration of the 30-day period

described in Subsection (f) of this section. Within 180 days

after the date of filing the lien, the department may file suit

in a court of competent jurisdiction for collection of the

account and foreclosure of the lien. Neither the department nor

any person to whom the account is assigned may be required to

post a cost bond in the suit. The court shall enter judgment for

the debt with interest and costs of suit and foreclosing the lien

on premises as the court determines necessary for the defraying

of expenses, court costs, and the fees owed.

(h) All reimbursements and additional costs collected under this

section shall be deposited in the State Treasury in a special

fund to be appropriated to the department to carry out this

subchapter.

(i) Reimbursement under Subsection (e) of this section does not

prevent the department from seeking criminal or civil sanctions

under this subchapter.

(j) In this section, "harvest deadline" means a deadline set by

the department for harvesting a certain crop or, in the absence

of a department deadline, the 31st day after the date by which

the crop is customarily harvested in the region, as determined by

the department.

Amended by Acts 1987, 70th Leg., ch. 691, Sec. 1, eff. Sept. 1,

1987; Acts 1989, 71st Leg., ch. 230, Sec. 71, eff. Sept. 1, 1989;

Acts 1993, 73rd Leg., ch. 847, Sec. 1, eff. Aug. 30, 1993; Acts

1995, 74th Leg., ch. 957, Sec. 4, eff. June 16, 1995.

Sec. 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, 73rd Leg., ch. 847, Sec. 2, eff. Aug. 30,

1993.

Sec. 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

host plant or its product is stored or held;

(2) examine any product, container, or substance susceptible to

cotton pest infestation; and

(3) examine the records of a purchaser, handler, or common

carrier of host plant products.

Added by Acts 1987, 70th Leg., ch. 691, Sec. 1, eff. Sept. 1,

1987. Amended by Acts 1995, 74th Leg., ch. 957, Sec. 5, eff. June

16, 1995.

Sec. 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, Sec. 1, eff. Sept. 1,

1987.

Sec. 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 this state any equipment or material

contaminated with cotton pests; or

(3) fails to comply with a rule adopted for the control and

direction of host plant growing.

(b) An offense under this section is a Class B misdemeanor.

Amended by Acts 1987, 70th Leg., ch. 691, Sec. 1, eff. Sept. 1,

1987; Acts 1989, 71st Leg., ch. 230, Sec. 72, eff. Sept. 1, 1989;

Acts 1995, 74th Leg., ch. 957, Sec. 6, eff. June 16, 1995.

Sec. 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 less than $250

nor more than $10,000 for each violation. Each day a violation

continues may be considered a separate violation for purposes of

a civil penalty assessment.

(b) On request of the department, the attorney general or the

county attorney or district attorney of the county in which the

violation is alleged to have occurred shall file suit to collect

the penalty.

(c) A civil penalty collected under this section shall be

deposited in the state treasury to the credit of the General

Revenue Fund. All civil penalties recovered in suits first

instituted by a local government or governments under this

section shall be equally divided between the State of Texas and

the local government or governments with 50 percent of the

recovery to be paid to the General Revenue Fund and the other 50

percent equally to the local government or governments first

instituting the suit.

(d) The department is entitled to appropriate injunctive relief

to prevent or abate a violation of this subchapter or a rule

adopted under this subchapter. On request of the department, the

attorney general or the county or district attorney of the county

in which the alleged violation is threatened or is occurring

shall file suit for the injunctive relief. Venue is in the county

in which the alleged violation is threatened or is occurring.

Added by Acts 1989, 71st Leg., ch. 230, Sec. 73, eff. Sept. 1,

1989.

Sec. 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 plants in the field or host plant

products where stored;

(2) quarantine and fumigation of equipment, host plants, and

host plant products found to be contaminated;

(3) supervision of the growing of host plants in areas known to

be contaminated;

(4) destruction of infested fields of host plants or of infested

host plant products;

(5) prevention of planting of host plants in areas where

infestation has been found; and

(6) prevention of movement of equipment contaminated or

reasonably suspected to be contaminated with cotton pests.

Acts 1981, 67th Leg., p. 1175, ch. 388, Sec. 1, eff. Sept. 1,

1981. Renumbered from Sec. 74.052 and amended by Acts 1995, 74th

Leg., ch. 957, Sec. 7, eff. June 16, 1995.

Sec. 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 susceptible to cotton pest

infestation.

(b) The department shall maintain a rigid inspection of

substances susceptible to cotton pest contamination that are

being carried from quarantined territory into, through, or within

this state.

Acts 1981, 67th Leg., p. 1175, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1993, 73rd Leg., ch. 847, Sec. 3, eff. Aug.

30, 1993. Renumbered from Sec. 74.054 and amended by Acts 1995,

74th Leg., ch. 957, Sec. 7, eff. June 16, 1995.

Sec. 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 department.

Acts 1981, 67th Leg., p. 1175, ch. 388, Sec. 1, eff. Sept. 1,

1981. Renumbered from Sec. 74.055 by Acts 1995, 74th Leg., ch.

957, Sec. 7, eff. June 16, 1995.

Sec. 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 Leg., p. 1176, ch. 388, Sec. 1, eff. Sept. 1,

1981. Renumbered from Sec. 74.059 and amended by Acts 1995, 74th

Leg., ch. 957, Sec. 7, eff. June 16, 1995.

Sec. 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 the introduction or establishment of

cotton pests in this state.

Acts 1981, 67th Leg., p. 1176, ch. 388, Sec. 1, eff. Sept. 1,

1981. Renumbered from Sec. 74.060 and amended by Acts 1995, 74th

Leg., ch. 957, Sec. 7, eff. June 16, 1995.

SUBCHAPTER D. OFFICIAL COTTON GROWERS' BOLL WEEVIL ERADICATION

FOUNDATION

Sec. 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 pink bollworm,

are public nuisances and a menace to the cotton industry, and

their eradication is a public necessity;

(2) because of the differences in soil conditions, growing

seasons, farming techniques, and climate conditions among several

areas in the state where cotton is grown, the eradication and

suppression of the nuisance can best be accomplished by dividing

the cotton-growing areas into separate zones so that integrated

pest management programs may be developed for each zone;

(3) there is a need for a quasi-governmental entity acting under

the supervision and control of the commissioner whose members are

actual cotton growers who would be represented on the board of

the entity by directors elected by them to manage eradication and

suppression programs and to furnish expertise in the field of

insect control and eradication, because such an entity would

enhance the interest and participation of cotton growers in the

program;

(4) because of the progress made in eradication, investments

made by cotton growers in certain areas, the potential injustice

to certain cotton growers who have made such investments, and the

stage of development of the cotton crops in the statutory

eradication zones, an urgent public necessity exists to validate

and ratify the assessments, agreements, and obligations of the

Texas Boll Weevil Eradication Foundation, Inc., made or incurred

by the foundation and related to certain statutory zones;

(5) cotton growers, in partnership with the state and federal

governments, have made significant investments toward the

eradication of these pests in this state;

(6) it is essential to the well-being of the cotton industry and

the agricultural economy of this state that the investments of

the cotton growers and the state and federal governments be

protected; and

(7) the establishment of a maintenance program to be carried out

by the foundation under the supervision of the department is

required to protect the investments in eradication.

(b) It is the intent of the legislature that the program of

eradication and suppression be carried out with the best

available integrated pest management techniques.

(c) The department may recover costs for administration of this

subchapter.

Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.01, eff. May 30,

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

119, Sec. 1, eff. September 1, 2005.

Sec. 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 by the

department as the entity to plan, carry out, and operate

eradication and diapause programs to eliminate the boll weevil

and the pink bollworm from cotton in the state under the

supervision of the department as provided by this subchapter.

(b) The commissioner may terminate the foundation's designation

as the entity recognized to carry out boll weevil eradication by

giving 45 days' written notice to the foundation and by

designating a successor entity. If the commissioner designates a

successor to the foundation, the successor has all the powers and

duties of the foundation under this subchapter. Any successor to

the foundation shall assume and shall be responsible for all

obligations and liabilities relating to any notes, security

agreements, assignments, loan agreements, and any other contracts

or other documents entered into by the foundation with or for the

benefit of any financial institution or its predecessor,

successor, or assignee.

Added by Acts 1997, 75th Leg., ch. 463, Sec. 1.02, eff. May 30,

1997.

Sec. 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 by Section 74.002.

(3) "Commissioner" means commissioner of agriculture.

(4) "Cotton" means:

(A) a cotton plant;

(B) a part of a cotton plant, including bolls, stalks, flowers,

roots, and leaves; or

(C) cotton products, including seed cotton, cottonseed, and

hulls.

(5) "Cotton grower" means a person who grows cotton intended to

be commercial cotton. The term includes an individual who as

owner, landlord, tenant, or sharecropper is entitled to share in

the cotton grown and available for marketing from a farm or to

share in the proceeds from the sale of the cotton from the farm

or from an indemnity or other payment received from or related to

the planting, growing, or failure of the cotton.

(6) "Eradication" means elimination of boll weevils or pink

bollworms to the extent that the commissioner does not consider

further elimination of boll weevils or pink bollworms necessary

to prevent economic loss to cotton growers. Eradication includes

diapause activities.

(7) "Eradication zone" means a geographic area:

(A) established under Section 74.1021; or

(B) designated by the commissioner in accordance with Section

74.105 in which cotton growers by referendum approve their

participation in a boll weevil or pink bollworm eradication

program.

(8) "Foundation" means the Texas Boll Weevil Eradication

Foundation, Inc., a Texas nonprofit corporation.

(9) "Host" means a plant or plant product in which the boll

weevil or pink bollworm is capable of completing any portion of

its life cycle.

(10) "Infested" means the presence of the boll weevil or pink

bollworm in any life stage or the existence of generally accepted

entomological evidence from which it may be concluded with

reasonable certainty that the boll weevil or pink bollworm is

present.

(11) "Integrated pest management" is the coordinated use of pest

and environmental information with available pest control

methods, including pesticides, natural predator controls,

cultural farming practices, and climatic conditions, to prevent

unacceptable levels of pest damage by the most economical means

and with the least possible hazard to people, property, and the

environment.

(12) "Pink bollworm" has the meaning assigned by Section 74.002.

(13) "Regulated article" means an article carrying or capable of

carrying the boll weevil or pink bollworm, including cotton

plants, seed cotton, gin trash, other hosts, or mechanical cotton

harvesters.

Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 227, Sec. 2, eff. Sept. 1,

1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.03, eff. May 30,

1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

178, Sec. 3, eff. May 27, 2009.

Sec. 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 areas as proposed by the commissioner by rule

for inclusion in the zone and approved by referendum in the area

to be added.

(b) The Rolling Plains Central Eradication Zone consists of

Baylor, Callahan, Comanche, Eastland, Erath, Fisher, Haskell,

Jones, Knox, Mitchell, Nolan, Palo Pinto, Scurry, Shackelford,

Stephens, Stonewall, Throckmorton, and Young counties; all land

in Archer County south of a line following Farm-to-Market Road

422 commencing at the Baylor County line running east to the

intersection of Farm-to-Market Road 210, continuing east to the

intersection of State Highway 25, and continuing east to the Clay

County line; all land in Borden County east of a line seven miles

west of the Scurry County line running south from the Garza

County line to the Howard County line; and all land in Taylor

County east of U.S. Highway 83 from a point commencing at the

intersection of U.S. Highway 83 and the south Taylor County line,

north to the town of Bradshaw; thence north of Farm-to-Market

Road 1086, as the farm-to-market road proceeds west and north to

the intersection of the Farm-to-Market Road 1086 and U.S. Highway

277, being all land lying north of the farm-to-market road and

west of U.S. Highway 277 from the intersection of Farm-to-Market

Road 1086 and U.S. Highway 277 to the point where U.S. Highway

277 intersects the south boundary line of Taylor County; all land

in Brown County east of a line following State Highway 279 to

Brownwood and continuing along U.S. Highway 377 south to the

McCulloch County line; and other areas as proposed by the

commissioner by rule for inclusion in the zone and approved by

referendum in the area to be added.

(c) The St. Lawrence Eradication Zone consists of that area of

Midland County south of a line 15 miles south of Interstate 20

running from the Ector County line east to the Glasscock County

line; Glasscock, Reagan, and Upton counties; and other areas as

proposed by the commissioner by rule for inclusion in the zone

and approved by referendum in the area to be added.

(d) The South Texas Winter Garden Eradication Zone consists of

Aransas, Atascosa, Austin, Bee, Bexar, Brazoria, Calhoun,

Colorado, DeWitt, Dimmit, Duval, Fort Bend, Frio, Goliad,

Jackson, Jim Wells, Karnes, Kinney, Kleberg, La Salle, Lavaca,

Live Oak, Matagorda, McMullen, Medina, Nueces, Refugio, San

Patricio, Uvalde, Victoria, Wharton, Wilson, and Zavala counties,

and other areas as proposed by the commissioner by rule for

inclusion in the zone and approved by referendum in the area to

be added. Austin, Brazoria, Colorado, Fort Bend, Jackson,

Matagorda, and Wharton counties are included in the South Texas

Winter Garden Eradication Zone only for purposes of the repayment

of debt existing on April 30, 1997, and those counties may not be

included in the zone for any other purpose unless the

commissioner by rule proposes that an area be included in the

zone and the proposal is approved by referendum in the area to be

added. The commissioner may apportion any debt existing on April

30, 1997, and designate the appropriate assessment.

(e) The Southern High Plains-Caprock Eradication Zone consists

of Andrews, Cochran, Crosby, Dawson, Dickens, Ector, Gaines,

Garza, Hockley, Howard, Kent, Lubbock, Lynn, Martin, Motley,

Terry, and Yoakum counties; all land in Borden County lying west

of a line seven miles west of the Scurry County line running

south from the Garza County line to the Howard County line; that

area of Midland County north of a line 15 miles south of

Interstate 20 running from the Ector County line east to the

Glasscock County line; and other areas as proposed by the

commissioner by rule for inclusion in the zone and approved by

referendum in the area to be added.

(f) The Southern Rolling Plains Eradication Zone consists of

Coke, Coleman, Concho, Irion, McCulloch, Runnels, Schleicher, and

Tom Green counties, all land in Taylor County lying west of U.S.

Highway 83 from a point commencing at the intersection of U.S.

Highway 83 and the south Taylor County line, north of the town of

Bradshaw; thence all the land lying south of Farm-to-Market Road

1086, as the farm-to-market road proceeds west and north to its

intersection with U.S. Highway 277, being all land lying south of

the farm-to-market road and east of U.S. Highway 277 from the

intersection of Farm-to-Market Road 1086 and U.S. Highway 277 to

the point where U.S. Highway 277 intersects the south boundary

line of Taylor County, and other areas as proposed by the

commissioner by rule for inclusion in the zone and approved by

referendum in the area to be added.

Added by Acts 1997, 75th Leg., ch. 463, Sec. 1.04, eff. May 30,

1997.

Sec. 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 the commissioner

for designation as or inclusion in an eradication zone. The

committee shall gather advice, input, and guidance from cotton

growers from the area represented by the committee concerning the

interest in and concerns about the implementation of this

subchapter.

(b) Each advisory committee may consider and make

recommendations to the commissioner and the foundation

concerning:

(1) the geographic boundaries for a proposed eradication zone;

(2) the amount of local interest in operating an eradication

program;

(3) the basis and amount of an assessment necessary to support

an eradication program;

(4) the need to restructure any pre-existing debt from prior

eradication activities;

(5) ongoing implementation of an eradication program approved by

growers in an eradication zone; and

(6) any other matter requested by the commissioner or the

foundation.

(c) Each advisory committee appointed under this section shall

include a sufficient number of cotton growers to ensure adequate

representation across the eradication zone, including at least

one cotton grower from each county in the zone and other persons

as determined by the commissioner.

(d) Advisory committees appointed under this section are immune

from lawsuits and liability to the same extent the foundation is

immune from lawsuits and liability under Section 74.129.

(e) An advisory committee established under this section is

subject to the requirements of Chapters 551 and 552, Government

Code.

Added by Acts 1997, 75th Leg., ch. 463, Sec. 1.05, eff. May 30,

1997. Amended by Acts 2001, 77th Leg., ch. 168, Sec. 1, eff. May

18, 2001.

Sec. 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 a

statutory zone under Section 74.1021 that has approved an

eradication program by referendum.

(b) The commissioner may hold a public hearing within the

proposed eradication zone to discuss the proposed geographic

boundaries of the zone. The public hearing may include any other

topics allowed under this subchapter.

(c) After the adoption of a rule under Subsection (a), the

commissioner shall conduct a referendum under Section 74.105.

Added by Acts 1997, 75th Leg., ch. 463, Sec. 1.05, eff. May 30,

1997.

Sec. 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 zone referenda shall be conducted under the

procedures provided by Section 74.114 of this code.

(c) A proposed eradication zone referendum ballot must include

or be accompanied by information about the proposed eradication

zone, including:

(1) a statement of the purpose of the boll weevil or pink

bollworm eradication program;

(2) the geographic area included in the proposed eradication

zone;

(3) a general summary of rules adopted by the commissioner under

Sections 74.114, 74.118, and 74.120 of this code, including a

description of:

(A) cotton grower responsibilities; and

(B) penalties for noncompliance with rules adopted under this

subchapter; and

(4) an address and toll-free telephone number that a cotton

grower may use to request more information about the referendum

or the boll weevil or pink bollworm eradication program.

(d) If a referendum to establish an eradication zone fails, the

concurrent election of a board member from the proposed

eradication zone under Section 74.106 has no effect, and the

commissioner shall appoint a representative to the board from the

area.

(e) The foundation may request the commissioner to call

additional referenda in a proposed eradication zone in which a

referendum has failed. An additional eradication zone referendum

and concurrent board election may be held no earlier than one

year after the date of the last referendum.

(f) After the passage of any referendum, the eligible voters

shall be allowed, by subsequent referenda, to vote on whether to

continue their assessments. All of the requirements for an

initial referendum must be met in subsequent referenda.

Amended by Acts 1995, 74th Leg., ch. 227, Sec. 3, eff. Sept. 1,

1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.06, 2.01, eff. May

30, 1997.

Sec. 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. Each eradication zone shall be represented on the

board and shall remain represented on the board until eradication

operations are concluded and all debt of the eradication zone is

paid.

(b) A board election shall be conducted under the procedures

provided by this section and Section 74.114 of this code.

(c) A cotton grower who is eligible to vote in a referendum or

election under this subchapter is eligible to be a candidate for

and member of the board if the person has at least seven years of

experience as a cotton grower and otherwise meets the

qualifications for the position.

(d) A cotton grower who wants to be a candidate for the board

must meet the qualifications for board membership and file an

application with the commissioner. The application must be:

(1) filed not later than the 30th day before the date set for

the board election;

(2) on a form approved by the commissioner; and

(3) signed by at least 10 cotton growers who are eligible to

vote in the board election.

(e) On receipt of an application and verification that the

application meets the requirements of Subsection (d) of this

section, an applicant's name shall be placed on the ballot for

the board election.

(f) An eligible voter may vote for a cotton grower whose name

does not appear on the official ballot by writing that person's

name on the ballot.

(g) A board election must be preceded by at least 45 days notice

published in one or more newspapers published and distributed in

the proposed or established eradication zone. The notice shall be

published not less than once a week for three consecutive weeks.

Not later than the 45th day before the date of the election,

direct written notice of the election shall be given to each

county agent in the eradication zone.

(h) Each board member shall be sworn into office by a

representative of the commissioner by taking the oath of office

required for elected officers of the state.

Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.

Amended by Acts 1997, 75th Leg., ch. 463, Sec. 1.07, 2.02, eff.

May 30, 1997.

Sec. 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 zone established by referendum,

members appointed by the commissioner from other cotton-growing

areas of the state, and members appointed by the commissioner

under Subsection (b). The commissioner shall appoint an initial

board composed of 15 members. Except as provided by Subsection

(b), the term of each board position may not exceed four years.

(b) In making appointments under this section, the commissioner

shall appoint the following board members, selected from a

variety of cotton-growing regions of the state, for four-year

terms:

(1) an agricultural lender;

(2) an independent entomologist who is an integrated pest

management specialist;

(3) two representatives from industries allied with cotton

production; and

(4) a representative from the pest control industry.

(c) The commissioner may change the number of board positions or

the eradication zone representation on the board to accommodate

changes in the number of eradication zones. A change under this

subsection may not contravene another provision of this

subchapter.

(d) A vacancy on the board shall be filled by appointment by the

commissioner for the unexpired term.

(e) On 30 days' notice and opportunity for hearing, the

commissioner may replace any unelected board member of the

foundation.

Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 227, Sec. 4, eff. Sept. 1,

1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.08, eff. May 30,

1997.

Sec. 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, gifts and

grants;

(3) borrow money, with the approval of the commissioner, as

necessary to execute this chapter;

(4) take other action and exercise other authority as necessary

to execute any act authorized by this subchapter or the Texas

Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's

Texas Civil Statutes); and

(5) form an advisory committee composed of individuals from this

state, other states, or other countries and change membership on

the committee, as necessary. Any advisory committee created under

this subdivision for the purpose of establishing treatment

methods shall include among its members persons with knowledge of

the effects of different treatments on the health of agricultural

workers, the local population, and the ecosystem, including but

not limited to the effects of a particular method of treatment on

beneficial organisms and wildlife, the potential for secondary

infestations from nontarget pests, and the potential for pest

resistance to particular methods of treatment.

(b) On petition of 30 percent of the cotton growers eligible to

vote within the proposed area, the commissioner may, or at the

commissioner's discretion, the commissioner may, by rule add an

area to an eradication zone or transfer an area or county from

one statutory zone to another zone if:

(1) cotton production has begun or could begin in the area;

(2) the area is adjacent to an eradication zone or is in an area

with biological characteristics similar to the eradication zone;

and

(3) the addition is approved in a referendum held in the area.

(c) The board must adopt a procurement policy, subject to

approval by the commissioner, outlining the procedures to be used

in purchasing.

(d) The commissioner at any time may inspect the books and other

financial records of the foundation.

Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 227, Sec. 5, eff. Sept. 1,

1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.09, eff. May 30,

1997; Acts 1999, 76th Leg., ch. 286, Sec. 1, eff. May 29, 1999.

Sec. 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 an

independent certified public accountant or a firm of independent

certified public accountants. The audit shall include information

for each zone in which an eradication program has been conducted

under this subchapter. The audit shall be filed with the board,

the commissioner, and the state auditor and shall be made

available to the public by the foundation or the commissioner.

The state auditor may examine any work papers from the

independent audit or may audit the transactions of the foundation

if the state auditor determines that an audit is necessary.

(b) Not later than the 45th day after the last day of the fiscal

year, the board shall submit to the commissioner a report

itemizing all income and expenditures and describing all

activities of the foundation during the fiscal year.

(c) The foundation shall provide fidelity bonds in amounts

determined by the board for employees or agents who handle funds

for the foundation.

(d) The foundation and the board are state agencies for the

following purposes only:

(1) exemption from taxation including exemption from sales and

use taxes, vehicle registration fees, and taxes under Chapter

152, Tax Code; and

(2) indemnification under Chapter 104, Civil Practice and

Remedies Code.

(e) Funds collected by the foundation are not state funds and

are not required to be deposited in the state treasury. The

foundation shall deposit all money collected under this

subchapter in a bank or other depository approved by the

commissioner.

(f) The foundation is a governmental unit under Section 101.001,

Civil Practice and Remedies Code, and is entitled to governmental

immunity. A tort claim against the foundation must be made under

Chapter 101, Civil Practice and Remedies Code.

(g) The board shall collect data on the type and quantity of

pesticides used in accordance with this subchapter. The data

shall be filed with the commissioner.

(h) All revenue collected under this subchapter shall be used

solely to finance programs approved by the commissioner as

consistent with this subchapter.

(i) The foundation is subject to the requirements of:

(1) the open meetings law, Chapter 551, Government Code; and

(2) the open records law, Chapter 552, Government Code.

(j) A board member may not vote on any matter in which the

member has a direct pecuniary interest. A board member is subject

to the same restrictions as a local public official under Chapter

171, Local Government Code.

Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 227, Sec. 6, eff. Sept. 1,

1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.10, 2.03, eff. May

30, 1997.

Sec. 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

foundation under this subchapter. Rules established under this

section shall include a designation of the acts that are subject

to review under this subsection and the appropriate remedial

action, as authorized by this subchapter.

(b) A person dissatisfied with the department's informal

resolution of a claim under procedures adopted under Subsection

(a) may appeal the department's decision to the commissioner.

(c) A decision issued by the commissioner on a claim appealed

under Subsection (b) is the final administrative action of the

department and is subject to judicial review under Chapter 2001,

Government Code.

(d) This section does not constitute a waiver of the state's

immunity from liability.

Added by Acts 1997, 75th Leg., ch. 463, Sec. 1.11, eff. May 30,

1997.

Sec. 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 to a cotton grower or other person for:

(1) errors in judgment;

(2) mistakes; or

(3) other acts or omissions.

(b) A foundation member, officer, or employee is not

individually liable for an act or omission of another foundation

member, officer, or employee.

Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 227, Sec. 7, eff. Sept. 1,

1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.12, eff. May 30,

1997.

Sec. 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

contracts with the foundation to apply pesticides or other

chemicals using aircraft or other equipment to further or support

the eradication or diapause efforts undertaken under this

subchapter.

(b) An applicator is not jointly and severally liable for any

act or omission of the foundation under this subchapter.

(c) The foundation shall have liability coverage in effect for

any eradication or diapause efforts for which it uses

applicators. The coverage shall apply to acts and omissions of

the foundation and volunteers and be in the amount of at least

$500,000 for each single occurrence of death, bodily injury, or

property damage.

Added by Acts 1997, 75th Leg., ch. 463, Sec. 1.13, eff. May 30,

1997. Amended by Acts 1999, 76th Leg., ch. 286, Sec. 2, eff. May

29, 1999.

Sec. 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 foundation.

(b) In determining the best value for the foundation, the

purchase price and whether the goods or services meet

specifications are the most important considerations. However,

the foundation may consider other relevant factors, including:

(1) the quality and reliability of the goods and services;

(2) the delivery terms;

(3) indicators of probable vendor performance under the

contract, including:

(A) past vendor performance;

(B) the vendor's financial resources and ability to perform;

(C) the vendor's experience or demonstrated capability and

responsibility; and

(D) the vendor's ability to provide reliable maintenance

agreements and support;

(4) the cost of any employee training associated with a

purchase; and

(5) other factors relevant to determining the best value for the

foundation in the context of a particular purchase.

Added by Acts 1999, 76th Leg., ch. 286, Sec. 3, eff. May 29,

1999.

Sec. 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 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.

Amended by Acts 1997, 75th Leg., ch. 463, Sec. 2.04, eff. May 30,

1997.

Sec. 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 boll weevil control and the pink

bollworm eradication program has been completed in any

eradication zone established under this chapter for pink bollworm

control, the foundation shall provide notice of such completion

to the commissioner along with a request for discontinuance of

the eradication program and collection of the assessment. Any

such request shall include documentation supporting the

eradication of the boll weevil in all eradication zones

established for boll weevil eradication or pink bollworm in any

eradication zone established for pink bollworm eradication and a

plan for discontinuance of the program and assessment.

(b) The commissioner shall determine whether or not the further

elimination of the boll weevil or pink bollworm is necessary in

the eradication zones and approve or disapprove discontinuance of

the foundation and the plan for dissolution.

(c) On completion of dissolution, the foundation shall file a

final report with the commissioner, including a financial report,

and submit all remaining funds into the trust of the

commissioner. Final books of the foundation shall be filed with

the commissioner and are subject to audit by the department.

(d) The commissioner shall pay from the foundation's remaining

funds all of the foundation's outstanding obligations.

(e) Funds remaining after payment under Subsection (d) of this

section shall be returned to contributing cotton growers on a pro

rata basis.

(f) If 30 percent or more of the cotton growers eligible to vote

within a zone participating in the program present to the

commissioner a petition calling for a referendum of the qualified

voters on the proposition of discontinuing the program, the

commissioner shall conduct a referendum for that purpose.

(g) The commissioner shall give notice of the referendum, the

referendum shall be conducted, and the results shall be declared

in the manner provided by law for the original referendum and

election, with any necessary exceptions provided by rule of the

commissioner.

(h) The commissioner shall conduct the referendum within 90 days

of the date of filing of the petition, except that no such

referendum may be held within two years of any other referendum

in the eradication zone pertaining to establishing or

discontinuing the eradication zone.

(i) Approval of the proposition is by the same vote as required

in a referendum under Section 74.114(g). If the proposition is

approved, the eradication program is abolished and the

eradication zone ceases to exist on payment of all debts of the

eradication zone.

Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 227, Sec. 8, eff. Sept. 1,

1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.14, 2.05, eff. May

30, 1997.

Sec. 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 caused by the boll weevil and the pink bollworm.

(b) The commissioner shall propose in a referendum the:

(1) maximum assessment to be paid by cotton growers having

production in the eradication zone; and

(2) time for which the assessment will be made.

(c) With the commissioner's approval, the foundation may make an

assessment in an eradication 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 74.114.

(e) If an assessment referendum is approved, the foundation may

collect the assessment.

(f) An assessment levied on cotton growers in an eradication

zone may be applied only to:

(1) eradication;

(2) the foundation's operating costs, including payments on debt

incurred for a foundation activity; and

(3) the conducting of other programs consistent with the

declaration of policy stated in Section 74.101.

(g) The assessment shall be adequate and necessary to achieve

the goals of this subchapter. 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 eradicate;

(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 within the eradication 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 cotton

growers;

(5) the restructuring and repayment schedule for any

pre-existing debt; and

(6) the amount of debt to be incurred in the eradication 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

foundation's operating budget.

(k) The foundation shall prepare and mail billing statements to

each cotton grower subject to the assessment that state the

amount due and the due date. The assessments shall be remitted to

the foundation.

(l) With the approval of the board and the commissioner, the

foundation may transfer the proceeds from the collection of

assessments in one eradication zone to another eradication zone.

The board shall consult with affected cotton grower steering

committees before recommending that the commissioner approve the

transfer of proceeds under this subsection. The transferred

proceeds may be applied only as provided by Subsection (f).

Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 227, Sec. 9, eff. Sept. 1,

1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.15, eff. May 30,

1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

178, Sec. 4, eff. May 27, 2009.

Sec. 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. The commissioner may adopt

the rules only 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. The rules apply notwithstanding Section 74.113.

The rules must require any person collecting an assessment to

forward the assessment to the foundation.

(b) The maximum amount of an assessment under this section may

not exceed the maximum amount of an assessment approved in an

assessment referendum under this subchapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

178, Sec. 5, eff. May 27, 2009.

Sec. 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 program has been

operational in a zone, the commissioner shall hold a referendum

in the zone on the continuation of the eradication program. The

referendum shall be held at the same time as the election of a

board member from the zone. Approval of the referendum on

continuation is by a majority of those voting in the referendum.

(a-1) Notwithstanding Subsection (a), the commissioner may

conduct only one referendum on continuation in each zone on or

after September 1, 2005. The commissioner shall include on the

ballot adequate notice of:

(1) the fact that a referendum on continuation is the final

referendum on continuation for the zone in which it is held; and

(2) the existence of the petition provision in Section

74.112(f).

(b) The foundation shall bear all expenses incurred in

conducting a referendum or board election.

(c) The commissioner shall adopt rules for voting in board

elections and referenda to establish or continue eradication

zones. Rules adopted under this subsection must include

provisions for determining:

(1) who is a cotton grower eligible to vote in an election or

referendum;

(2) whether a board member is elected by a plurality or a

majority of the votes cast; and

(3) the area from which each board member is elected.

(d) A cotton grower having cotton production in a proposed or

established eradication zone is entitled to:

(1) vote in a referendum concerning the eradication zone; and

(2) elect board members to represent the eradication zone.

(e) An eligible cotton grower may vote only once in a referendum

or board election.

(f) Ballots in a referendum or board election shall be mailed

directly to a central location, to be determined by the

commissioner. A cotton grower eligible to vote in a referendum

or board election who has not received a ballot from the

commissioner, foundation, or another source shall be offered the

option of requesting a ballot by mail or obtaining a ballot at

the office of the county agent of the Texas Agricultural

Extension Service or a government office distributing ballots in

a county in the proposed or established zone in which the

referendum or board election is conducted.

(g) A referendum is approved if:

(1) at least two-thirds of those voting vote in favor of the

referendum; or

(2) those voting in favor of the referendum farm more than 50

percent, as determined by the commissioner, of the cotton acreage

in the relevant eradication zone.

(h) If a referendum under this subchapter is not approved, the

commissioner may conduct another referendum. A referendum under

this subsection may not be held before one year after the date on

which the last referendum on the same issue was held.

(i) A public hearing regarding the proposed eradication program,

including information regarding regulations to be p