Texas Agriculture Code
§ 74.112 — DISCONTINUATION OF PROGRAM AND FOUNDATION AND DISPOSITION OF FUNDS ON DISCONTINUANCE
AG § 74.112Title 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL PRODUCTS · Part B. HORTICULTURAL DISEASES AND PESTS · Ch. 74. COTTON DISEASES AND PESTS · Art. D. OFFICIAL COTTON GROWERS' BOLL WEEVIL ERADICATION FOUNDATION
Statute text
View on source(a)On the determination by the foundation that the boll weevil eradication program has been completed in all eradication zones established under this subchapter for boll weevil control and the pink bollworm eradication program has been completed in any eradication zone established under this chapter for pink bollworm control, the foundation shall provide notice of such completion to the commissioner along with a request for discontinuance of the eradication program and collection of the assessment. Any such request shall include documentation supporting the eradication of the boll weevil in all eradication zones established for boll weevil eradication or pink bollworm in any eradication zone established for pink bollworm eradication and a plan for discontinuance of the program and assessment.
(b)The commissioner shall determine whether or not the further elimination of the boll weevil or pink bollworm is necessary in the eradication zones and approve or disapprove discontinuance of the foundation and the plan for dissolution.
(c)On completion of dissolution, the foundation shall file a final report with the commissioner, including a financial report, and submit all remaining funds into the trust of the commissioner. Final books of the foundation shall be filed with the commissioner and are subject to audit by the department.
(d)The commissioner shall pay from the foundation's remaining funds all of the foundation's outstanding obligations.
(e)Funds remaining after payment under Subsection (d) of this section shall be returned to contributing cotton growers on a pro rata basis.
(f)If 30 percent or more of the cotton growers eligible to vote within a zone participating in the program present to the commissioner a petition calling for a referendum of the qualified voters on the proposition of discontinuing the program, the commissioner may conduct a referendum for that purpose if:
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Legislative history
Acts 2013, 83rd Leg., R.S., Ch. 577 (S.B. 818), Sec. 1, eff. June 14, 2013.