Texas Administrative Code

(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) 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) Any applicator retained by the foundation to apply or cause to be applied pesticides for the purpose of eradication in an established zone will make such applications in accordance with the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the T…

(a) The foundation shall establish procedures for determining when boll weevil population levels have reached economic significance. The foundation will estimate boll weevil populations using generally accepted entomological methods, including, but not limited to, pheromone traps…

(a) The election of Texas Boll Weevil Eradication Foundation (foundation) board members from each proposed eradication zone shall be held concurrently with the eradication zone referendum or referenda. (b) The department may conduct an assessment referendum or referenda either in…

(a) All of the following area located in Mason County shall be added to the statutorily designated Southern Rolling Plains Boll Weevil Eradication Zone described at the Texas Agriculture Code, § 74.1021(f) . (b) The addition of all of Mason County to the Southern Rolling Plains Z…

All of the following area located in Armstrong County shall be transferred from the statutorily designated Northern High Plains Boll Weevil Eradication Zone described at the Texas Agriculture Code, § 74.1021(a) to the Northern Rolling Plains Boll Weevil Eradication Zone designate…

(a) All of the following area located in Randall County shall be transferred from the statutorily designated Northern High Plains Boll Weevil Eradication Zone described at the Texas Agriculture Code, § 74.1021(a) to the Northwest Plains Boll Weevil Eradication Zone designated at …

(a) All of the following area located in Kent, Motley, Dickens, Garza, Floyd, and Crosby Counties shall be transferred from the statutorily designated Northern High Plains and Southern High Plains/Caprock Boll Weevil Eradication Zones described at the Texas Agriculture Code, § 74…

(a) All of the following area located in Motley and Briscoe Counties shall be transferred from the statutorily designated Northern High Plains and Southern High Plains/Caprock Boll Weevil Eradication Zones described at the Texas Agriculture Code, § 74.1021(a) to the Northern Roll…

(a) All of Menard County shall be added to the statutorily designated Southern Rolling Plains Boll Weevil Eradication Zone described at the Texas Agriculture Code, § 74.1021(f) . (b) The addition of all of Menard County to the Southern Rolling Plains Zone shall be effective upon …

(a) To be considered valid, a ballot must bear a voter's signature and title. (b) Ballots shall be sent with prepaid return postage. Notes 4 Tex. Admin. Code § 3.4 The provisions of this §3.4 adopted to be effective August 9, 1993, 18 TexReg 4949; amended to be effective December…

The following words and terms when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Bio-intensive control--The use of biologically based pest control tactics, rather than traditional chemical control methods. Biologic…

(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) The foundation will take steps reasonably necessary to protect the certification of organic crops during the course of its normal eradication activities. (b) In the event the foundation or an employee or independent contractor of the foundation inadvertently treats a certifie…

(a) During the first season of treatment in an active boll weevil eradication zone, the "diapause" phase of the program, all organic producers may plant certified organic or transitional cotton consistent with § 3.602 of this chapter (relating to Planting of Certified Organic or …

(a) Crop destruction. A grower who has been notified that destruction of the grower's organic cotton crop is necessary will have no more than seven calendar days from the date of receipt of notification to destroy that crop by plow-up. (b) Extension requests. A request for a dead…

(a) Certified organic and/or transitional cotton growers in active eradication zones may negotiate and enter into voluntary indemnification agreements with the foundation provided that those agreements are negotiated and made in good faith by both parties and are approved by the …

(a) To be eligible for indemnification if a crop must be destroyed under § 3.606 of this chapter (relating to Crop Destruction; Extensions), a grower must report the United States Department of Agriculture (USDA) Farm Service Agency farm numbers, physical locations, and row acrea…

(a) Organic growers who plant certified organic or transitional cotton will be required to pay an assessment in accordance with the Code, Chapter 74, Subchapter D, and rules adopted thereunder. This assessment will be in the amount set for the entire zone and will be billed in th…

If cotton growers voting in a retention referendum conducted under the Texas Agriculture Code (Code), §74.114, or a recall referendum conducted under the Code, §74.112, approve discontinuation of the eradication program in an eradication zone, all debts of the eradication zone sh…

The Code, §74.113, provides the foundation with the authority to collect assessments for each eradication zone as part of the foundation's duties. The Code, §74.121, provides that each person within an active eradication zone growing cotton shall furnish to the foundation, upon r…