Texas Agriculture Code

§ 74.114 — CONDUCT OF BOARD ELECTIONS AND REFERENDA; BALLOTING

AG § 74.114Title 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

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(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(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;

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Legislative history

Acts 2005, 79th Leg., Ch. 119 (S.B. 1428), Sec. 2, eff. September 1, 2005.