Tex. Agric. Code Section 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 (Definitions).

(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 (Statutory Zones); or

(B)

designated by the commissioner in accordance with Section 74.105 (Eradication Zone Referenda) 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 (Definitions).

(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 (H.B. 1580), Sec. 3, eff. May 27, 2009.

Source: Section 74.102 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­74.­htm#74.­102 (accessed Jun. 5, 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:
Jun. 5, 2024

§ 74.102’s source at texas​.gov