Tex. Agric. Code Section 74.101
Findings and Declaration of Policy


(a)

It is hereby found and declared that:

(1)

the insects Anthonomus grandis Boheman, known as the boll weevil, and Pectinophora gossypiella, known as the 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 (S.B. 1428), Sec. 1, eff. September 1, 2005.

Source: Section 74.101 — Findings and Declaration of Policy, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­74.­htm#74.­101 (accessed Apr. 20, 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:
Apr. 20, 2024

§ 74.101’s source at texas​.gov