Tex. Agric. Code 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 cotton remains past the stalk destruction deadline set for the applicable pest management zone under Section 74.0031 (Cotton Stalk Destruction). 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 Texas Boll Weevil Eradication Foundation 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 within the period specified by department rule. 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 Texas Boll Weevil Eradication Foundation 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 within the period specified by department rule.

(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 (Destruction of Host Plants).

(h)

The department shall adopt rules to administer this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 178 (H.B. 1580), Sec. 2, eff. May 27, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 83 (S.B. 378), Sec. 1, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 20, eff. September 1, 2021.

Source: Section 74.0032 — Hostable Cotton Fee, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­74.­htm#74.­0032 (accessed Mar. 23, 2024).

74.001
Public Nuisance
74.002
Definitions
74.003
Establishment of Pest Management Zones
74.004
Destruction of Host Plants
74.005
Entry Power
74.006
Rules
74.007
Offenses
74.008
Civil Penalty
74.009
Cotton Pest Control and Eradication Policy
74.010
Regulation of Cotton Pests
74.011
Regulation of Ginning
74.012
Inspectors
74.013
Cooperation with Federal Programs
74.0031
Cotton Stalk Destruction
74.0032
Hostable Cotton Fee
74.0041
Regulation of Planting Dates
74.101
Findings and Declaration of Policy
74.102
Definitions
74.105
Eradication Zone Referenda
74.106
Board Elections
74.107
Composition of Board
74.108
Powers of Board and Commissioner
74.109
Board Duties
74.110
Liability of Foundation Members, Officers, and Employees
74.111
Board Member Compensation
74.112
Discontinuation of Program and Foundation and Disposition of Funds on Discontinuance
74.113
Assessment Referenda
74.114
Conduct of Board Elections and Referenda
74.115
Payment of Assessments
74.116
Exemption from Assessment Penalties
74.117
Entry of Premises
74.118
Authority to Prohibit Planting of Cotton and Require Participation in Eradication Program
74.119
Authority for Destruction or Treatment of Cotton in Eradication Zones
74.120
Authority to Adopt Rules
74.121
Reports
74.122
Quarantine
74.123
Documenting Regulated Articles
74.124
Cooperative Programs Authorized
74.125
Organic Cotton Growers
74.126
Penalties
74.127
Sunset Provision
74.128
Annual Report
74.129
Exemption from Lawsuits, Liability, Taxation, and Legal Process
74.130
Use of Bio-intensive Controls
74.131
Venue
74.132
Complaints
74.151
Definitions
74.152
Creation of Cost-sharing Program
74.153
Cost-sharing Program Requirements
74.201
Definitions
74.202
Maintenance Areas
74.203
Maintenance Fees
74.204
Rules
74.1011
Designation of Entity to Carry out Boll Weevil Eradication
74.1021
Statutory Zones
74.1041
Advisory Committees
74.1042
Creation of Nonstatutory Eradication Zones
74.1091
Separation of Responsibilities
74.1095
Administrative Review
74.1101
Liability of Applicators
74.1102
Contracting
74.1135
Alternative Method of Assessments
74.2035
Transfer of Funds Between Eradication Zones and Maintenance Areas

Accessed:
Mar. 23, 2024

§ 74.0032’s source at texas​.gov