TAX ADMINISTRATION

(a) Any cotton producer who wishes to use a bio-intensive control method in an active boll weevil eradication zone shall request approval in writing from the foundation at least 90 days prior to traditional cotton planting dates in the area in which the grower farms. Exceptions a…

The foundation shall not treat with its regular regimen of chemical applications fields for which a grower has been approved to use alternative control methods. Notes 4 Tex. Admin. Code § 3.402 The provisions of this §3.402 adopted to be effective September 7, 1998, 23 TexReg 901…

(a) Fields meeting foundation pest thresholds, and approved for bio-intensive control methods, must be treated within 48 hours of the foundation's notification to the grower or the grower's designee, or the foundation will withdraw approval in writing. (b) If boll weevil numbers …

Under all circumstances, any grower who uses alternative methods for treating boll weevils shall pay any additional cost of bio-intensive controls in addition to any assessment required to be paid by growers in the zone in accordance with the Texas Agriculture Code, Chapter 74, S…

A grower must apply for approval annually. Notes 4 Tex. Admin. Code § 3.405 The provisions of this §3.405 adopted to be effective September 7, 1998, 23 TexReg 9015.

(a) Ballots in all board elections and referenda will be counted at the headquarters of the department by a canvassing committee appointed by the commissioner. (b) In all elections, results will be certified by the canvassing committee and submitted to the commissioner of agricul…

The Texas Agriculture Code (the Code), Chapter 74, Subchapter D, provides that it is a necessity to establish a cotton pest eradication program for Texas in order to suppress and eradicate the boll weevil and the pink bollworm. The Code, §74.1011, provides that the Texas Boll Wee…

The Texas Agriculture Code (the Code), Chapter 74, Subchapter D, 74.115, as amended by Senate Bill 631, enacted by the 76th Legislature, 1999 (Senate Bill 631), provides that the Texas Boll Weevil Eradication Foundation, Inc. (the foundation) may develop a compliance certificate …

In addition to the definitions set out in the Texas Agriculture Code, Chapter 74, Subchapter D, the following words and terms when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise. (1) Active eradication zone - A boll weevi…

(a) Each year, the foundation shall recommend assessment rates, the date a notice of assessment will be sent, and assessment due dates for each active eradication zone to the department for consideration by the commissioner. (b) The Commissioner will review these proposals and de…

(a) The Foundation shall send notice of assessments to each cotton grower in each active zone who has certified cotton acreage with the FSA or has reported cotton acreage to the foundation. Notice shall be sent at least 30 days before the date set by the commissioner as the due d…

(a) All assessments are due in full, postmarked to the foundation on or before the due date set by the commissioner each year. (b) Any grower who pays the full amount of the assessment 15 or more days before the due date will be entitled to a reduction in the total amount of thei…

(a) When a grower has paid all assessments for a farm or for all farms for which an assessment is due from the grower, in full for the current crop year, the foundation shall issue a compliance certificate to that grower for that farm and/or for all farms on which an assessment i…

(a) An assessment lien established under the Texas Agriculture Code, § 74.115 , as amended by Senate Bill 631 (assessment lien) attaches and is perfected 60 days after the date the foundation mails notice of an assessment due and owing by a cotton grower certifying or reporting c…

Notwithstanding any other provisions of this subchapter: (1) Once a lien is perfected and attaches in accordance with the Texas Agriculture Code, § 74.115 , as amended by Senate Bill 631, the lien established will be solely against cotton growers and first buyers of cotton, as de…

An assessment lien placed in accordance with this section is not a priority lien, and does not have superior status to prior liens on the harvested cotton to which the lien is attached under this subchapter and the Texas Agriculture Code, § 74.115 , as amended by Senate Bill 631.…

The foundation will issue a release of lien to the grower: (1) once the assessment has been paid in full or adequate documentation has been provided to establish that a prior lienholder is entitled to all or a portion of proceeds of the sale of cotton that would be paid towards t…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Code--The Texas Agriculture Code. (2) Commercial cotton--Cotton grown for sale or barter. (3) Eradication zone--A geographic area es…

(a) Commercial cotton shall not be planted in any area within an eradication zone where, upon request of the foundation, the department has determined that the location of that cotton would jeopardize the success of the eradication program in that zone or present a hazard to publ…

(a) Within 30 days of declaring an area within an eradication zone as a prohibited planting area, the department shall publish a notice designating the area in which cotton cannot be planted. (b) The notice of prohibition shall contain a description of the prohibited planting are…

(a) Upon notice by the foundation that a grower has failed to comply with a notice of prohibition provided in accordance with § 3.53 of this chapter (relating to Notice of Prohibition), or has failed to obtain a permit for planting of noncommercial cotton in an eradication zone a…

(a) A referendum to establish an eradication zone, to establish an eradication program in an existing eradication zone, to add a county or area to an existing eradication zone, to transfer an area or county from one statutory eradication zone to another, to discontinue the progra…

The Texas Agriculture Code (the Code), Chapter 74, Subchapter D, §74.1011 designates the Texas Boll Weevil Eradication Foundation, Inc. (the foundation) as the entity to carry out boll weevil and pink bollworm eradication in Texas. The Code, §74.120, provides the Commissioner of …

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Active eradication zone--A boll weevil eradication zone established in accordance with the Texas Agriculture Code, Chapter 74, Subch…

The decision on whether to plant certified organic or transitional cotton in any field located in an active eradication zone will be made solely by the grower producing the crop, subject to any designations of prohibited growing areas under the Code, §74.118, and rules adopted th…

(a) Growers applying for or holding certified organic or transitional organic certification with the department or a registered private certifying agent and who intend to devote acres to organic or transitional crops must submit all appropriate documentation to the department's O…

(a) At all meetings, the latest version of Robert's Rules of Order shall govern proceedings. (b) Meetings shall be held at least annually and at other times deemed necessary by the chairman or the executive director of PSO. Notes 1 Tex. Admin. Code § 3.8115 The provisions of this…

If a grantee fails to comply with any term or condition of a grant or any applicable statutes, rules, regulations, or guidelines, the OOG may: (1) withhold all grant payments to a specific project or withhold all grant payments to all grant projects awarded to the grantee pending…

The Permian Basin Boll Weevil Eradication Zone shall consist of the following area originally included as a part of the Southern High Plains/Caprock Eradication Zone described at the Texas Agriculture Code, § 74.1021(e) : all of Dawson, Ector, Howard and Martin Counties; all of B…

The Western High Plains Boll Weevil Eradication Zone shall consist of the following area originally included as a part of the Southern High Plains/Caprock Eradication Zone described at the Texas Agriculture Code, § 74.1021(e) : all of Andrews, Gaines and Yoakum Counties; all of T…

(a) Pursuant to Chapter 414 of the Texas Government Code, the Council is authorized to: (1) certify a crime stoppers organization to receive repayments of rewards under Articles 37.073 and 42.152 of the Texas Code of Criminal Procedure, or payments from a defendant under Article …

(a) Parties wishing to petition for a recall referendum in an eradication zone shall notify the commissioner of their intent in writing. No recall referendum may be held in an eradication zone in which a recall or establishment referendum has been held within the preceding two ye…

Once a statutory zone has been divided by rule of the commissioner, in accordance with SB 1814, §1.27(d), and approved by growers as provided in § 3.102 (b) of this chapter (relating to Eradication Zone Activation, Grower Approval), the commissioner may fairly apportion any debt …

The Council is established by Chapter 414 of the Texas Government Code. Notes 1 Tex. Admin. Code § 3.8100 The provisions of this §3.8100 adopted to be effective January 3, 1997, 21 TexReg 12397; Amended to be effective May 9, 2012, 37 TexReg 3389

Each nonprofit corporation receiving funds from the OOG must obtain and have on file a blanket fidelity bond that indemnifies the OOG against the loss and theft of the entire amount of grant funds. The cost of the bond is an eligible expense of the grant. Notes 1 Tex. Admin. Code…

Applicants and grantees must submit grant applications, progress reports, financial reports, and other information, as applicable, to PSO via the Internet or other electronic means. Notes 1 Tex. Admin. Code § 3.21 The provisions of this §3.21 adopted to be effective February 24, …

(a) The first central collection points receiving and shipping cotton produced in the East Texas Maintenance Area shall collect the per-bale maintenance fee on all cotton produced in the area, beginning upon receipt of notifications from the Commissioner and the Foundation, and c…

(a) A maximum per-bale maintenance fee shall be assessed on all cotton grown in the East Texas Maintenance Area. The fee shall be set by the Commissioner on an annual basis and shall be in an amount up to a maximum of $5 per bale. (b) The Board shall submit an annual recommendati…

(a) Once an eradication zone has been designated by adoption of a rule under the Texas Agriculture Code (Code), §74.1042, the eradication zone is not established until approved by a referendum of cotton growers in the new eradication zone held in accordance with the Code, §74.105…

(a) The East Texas Maintenance Area shall consist of the following four (4) existing contiguous eradication zones: Northern Blacklands, Southern Blacklands, South Texas/Wintergarden, and Upper Coastal Bend. (b) In each of the four (4) existing contiguous eradication zones listed …

(a) The first central collection points receiving and shipping cotton produced in the West Texas Maintenance Area shall collect the per-bale maintenance fee on all cotton produced in the area, beginning upon receipt of the notifications from the Commissioner and the Foundation, a…

The commissioner may conduct a public hearing within a proposed nonstatutory or statutory eradication zone to take public comment on the establishment of a nonstatutory zone or division of a statutory zone, as appropriate. Notes 4 Tex. Admin. Code § 3.101 The provisions of this §…

The definitions contained in § 3.51 of this chapter (relating to Definitions) apply to this subchapter. Notes 4 Tex. Admin. Code § 3.71 The provisions of this §3.71 adopted to be effective May 19, 1998, 23 TexReg 4902; Amended by Texas Register, Volume 48, Number 25, June 23, 202…

A violation of this subchapter is subject to an administrative penalty not to exceed $5,000 per violation, as prescribed in § 12.020 of the Texas Agriculture Code. Each day a violation continues may be considered a separate violation for purposes of a penalty assessment. Notes 4 …

(a) All commercial cotton growers within an eradication zone are required to participate in the eradication program approved by grower referendum for that zone. (b) Participation in the eradication program includes: (1) timely reporting to the foundation, as specified in subsecti…

(a) After passage of a referendum establishing an eradication program and maximum assessment and/or upon adoption of any new requirements by the department and/or the foundation, a notice of the requirements to participate in the eradication program shall be published by the foun…

(a) Upon receiving notice from the foundation that a grower has failed to timely pay an assessment in the amount and manner established for that eradication zone, the department may assess an administrative penalty against the grower. (b) Upon receiving notice from the foundation…

(a) The department shall issue a Notice of Violation to each person against whom the department has proposed to assess a penalty under § 3.74 of this chapter (relating to Penalties for Non-Payment of Assessment and Failure To Timely Report Acreage). The Notice of Violation with a…

(a) If an administrative penalty is assessed by the department under the Code, §74.115, for failure to timely pay an assessment, the cotton grower may apply for an exemption from that administrative penalty in writing on a form prescribed by the commissioner within 20 days from r…

Applicants must include a detailed description of all proposed equipment purchases in their grant applications for approval. Grantees must request any additional equipment purchases through grant adjustments. Notes 1 Tex. Admin. Code § 3.81 The provisions of this §3.81 adopted to…