Tex. Agric. Code Section 74.114
Conduct of Board Elections and Referenda; Balloting


(a)

The commissioner shall conduct a referendum or board election authorized under this subchapter. At the end of each four-year period in which an eradication program has been operational in a zone, the commissioner shall hold a referendum in the zone on the continuation of the eradication program. The referendum shall be held at the same time as the election of a board member from the zone. Approval of the referendum on continuation is by a majority of those voting in the referendum.

(a-1)

Notwithstanding Subsection (a), the commissioner may conduct only one referendum on continuation in each zone on or after September 1, 2005. The commissioner shall include on the ballot adequate notice of:

(1)

the fact that a referendum on continuation is the final referendum on continuation for the zone in which it is held; and

(2)

the existence of the petition provision in Section 74.112 (Discontinuation of Program and Foundation and Disposition of Funds on Discontinuance)(f).

(b)

The foundation shall bear all expenses incurred in conducting a referendum or board election.

(c)

The commissioner shall adopt rules for voting in board elections and referenda to establish or continue eradication zones. Rules adopted under this subsection must include provisions for determining:

(1)

who is a cotton grower eligible to vote in an election or referendum;

(2)

whether a board member is elected by a plurality or a majority of the votes cast; and

(3)

the area from which each board member is elected.

(d)

A cotton grower having cotton production in a proposed or established eradication zone is entitled to:

(1)

vote in a referendum concerning the eradication zone; and

(2)

elect board members to represent the eradication zone.

(e)

An eligible cotton grower may vote only once in a referendum or board election.

(f)

Ballots in a referendum or board election shall be mailed directly to a central location, to be determined by the commissioner. A cotton grower eligible to vote in a referendum or board election who has not received a ballot from the commissioner, foundation, or another source shall be offered the option of requesting a ballot by mail or obtaining a ballot at the office of the county agent of the Texas Agricultural Extension Service or a government office distributing ballots in a county in the proposed or established zone in which the referendum or board election is conducted.

(g)

A referendum is approved if:

(1)

at least two-thirds of those voting vote in favor of the referendum; or

(2)

those voting in favor of the referendum farm more than 50 percent, as determined by the commissioner, of the cotton acreage in the relevant eradication zone.

(h)

If a referendum under this subchapter is not approved, the commissioner may conduct another referendum. A referendum under this subsection may not be held before one year after the date on which the last referendum on the same issue was held.

(i)

A public hearing regarding the proposed eradication program, including information regarding regulations to be promulgated by the commissioner, may be held by the commissioner in each of several locations within each boll weevil or pink bollworm eradication zone. The area posted for each hearing shall include no more than six contiguous counties that have cotton production at the time of the hearing.

(j)

Individual voter information, including an individual’s vote in a referendum or board election conducted under this section, is confidential and is not subject to disclosure under the open records law, Chapter 552 (Public Information), Government Code.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 227, Sec. 10, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.16, 2.06, eff. May 30, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 119 (S.B. 1428), Sec. 2, eff. September 1, 2005.

Source: Section 74.114 — Conduct of Board Elections and Referenda; Balloting, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­74.­htm#74.­114 (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

§ 74.114’s source at texas​.gov