Tex. Agric. Code Section 74.202
Maintenance Areas

gov/GetStatute.aspx?Code=AG&Value=74.202">74.202. MAINTENANCE AREAS. (a) On the request of the foundation and affected cotton grower steering committees, the commissioner by rule may designate boll weevil and pink bollworm eradication maintenance areas for the continued protection of the cotton industry. To the extent practicable, and to the extent consistent with Subsection (b), maintenance areas must follow the lines of existing eradication zones. Contiguous eradication zones eligible for inclusion in a maintenance area may be included in the same maintenance area. Additional counties not previously included in an eradication zone may be added to maintenance areas to prevent reinfestation or otherwise support the eradication efforts of the state on request of the foundation, if the county is contiguous with a maintenance area.

(b)

An eradication zone is eligible for inclusion in a maintenance area if:

(1)

the commissioner determines that the boll weevil has been functionally eradicated in that zone;

(2)

the zone has satisfied any debt owed to the foundation;

(3)

the cotton grower steering committee has been consulted regarding the inclusion of the zone in a maintenance area; and

(4)

the foundation requests the inclusion of the zone in a maintenance area.

(c)

To the extent consistent with this subchapter, Subchapter D applies to the activities of the department and foundation under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 119 (S.B. 1428), Sec. 3, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 577 (S.B. 818), Sec. 5, eff. June 14, 2013.

Source: Section 74.202 — Maintenance Areas, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­74.­htm#74.­202 (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

§ 74.202’s source at texas​.gov