(a) The election of Texas Boll Weevil Eradication Foundation
(foundation) board members from each proposed eradication zone shall
be held concurrently with the eradication zone referendum or referenda.
(b) The department may conduct an assessment referendum
or referenda either in conjunction with a board election and eradication
zone referendum or referenda or at a time subsequent to the initial
board election and referendum or referenda.
(c) A board election and referendum or referenda conducted
under the Texas Agriculture Code, Chapter 74, Subchapter D and this
chapter must be preceded by at least 45 days' notice published in
one or more newspapers published and distributed throughout the proposed
or established eradication zone or zones, or area proposed to be added
or transferred. The notice shall be published not less than once a
week for three consecutive weeks. In addition, direct written notice
of the election shall be given to each county extension agent of the
Texas A&M AgriLife Extension Service (Extension Service) in the
eradication zone or zones or area proposed to be added or transferred
at least 45 days before the date of the election, referendum, or referenda.
(d) Notice provided in accordance with subsection (c)
of this section shall include:
(1) the date of the election;
(2) the manner in which the election is to be conducted
(i.e., by mail balloting);
(3) the purpose of the election and/or referendum;
(4) if appropriate, information regarding the election
of board members, including how to get on the ballot;
(5) if an assessment referendum is being conducted,
the maximum assessment to be paid by cotton growers having production
in the eradication zone and the time for which the assessment will
be collected;
(6) who to contact for more information; and
(7) if a referendum includes a proposition for approval
of a third party contractor to carry out an eradication program, in
accordance with the Code, §74.124, the name of the proposed contracting
party.
(e) A referendum and/or board election conducted under
the Code, Chapter 74, Subchapter D, and this chapter shall be conducted
by mail ballot, with ballots returned by mail to the headquarters
of the department.
(f) No ballot will be valid if postmarked after midnight
on the last day for voting in the board election, referendum, or referenda.
(g) An eligible voter who has not received a ballot
from the department, foundation or another source may request a ballot
by mail by calling the department headquarters or by contacting the
Extension Service office in a county within the eradication zone or
proposed eradication zone, or other governmental office designated
by the department.
(h) Instructions for county extension agents and voters
will be available in each election from the department.
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Source Note: The provisions of this §3.3 adopted to be effective August 9, 1993, 18 TexReg 4949; amended to be effective August 1, 1996, 21 TexReg 6891; amended to be effective November 24, 1997, 22 TexReg 11081; amended to be effective June 26, 2023, 48 TexReg 3405 |