Tex. Agric. Code Section 74.118
Authority to Prohibit Planting of Cotton and Require Participation in Eradication Program

(a)

The commissioner may adopt reasonable rules regarding areas where cotton may not be planted in an eradication zone if there is reason to believe planting will jeopardize the success of the program by making treatment impracticable or present a hazard to public health or safety.

(b)

The commissioner may adopt rules relating to noncommercial cotton located in eradication zones and requiring that all growers of commercial cotton in an eradication zone participate in a boll weevil or pink bollworm eradication program that includes cost sharing as required by the rules.

(c)

Notice of prohibitions and requirements shall be given by publication for one day each week for three successive weeks in a newspaper having general circulation in the affected area.

(d)

The commissioner may adopt a reasonable schedule of penalty fees to be assessed against growers in a designated eradication zone who do not meet the requirements of the rules issued by the commissioner relating to reporting of acreage and participation in cost sharing. The penalty fees adopted may not exceed $50 per acre.

(e)

If a grower fails to meet the requirements of rules adopted by the commissioner, the commissioner may order the destruction of cotton not in compliance with the rules. Costs incurred by the commissioner in the destruction of cotton may be assessed against the grower.
Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993. Amended by Acts 1995, 74th Leg., ch. 227, Sec. 14, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 463, Sec. 2.07, eff. May 30, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 178 (H.B. 1580), Sec. 6, eff. May 27, 2009.

Source: Section 74.118 — Authority to Prohibit Planting of Cotton and Require Participation in Eradication Program, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­74.­htm#74.­118 (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
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 74.118’s source at texas​.gov