(a) Cotton grown under a noncommercial cotton permit
issued by the department under §3.53 of this title (relating
to Notice of Prohibition) is exempt from the requirements of this
section.
(b) Except as provided by subsection (a) of this section,
volunteer and other noncommercial cotton shall be destroyed by the
grower or landowner prior to becoming hostable, if the volunteer or
other noncommercial cotton is:
(1) in a crop field or other location that is not a
commercial cotton field; and
(2) in a boll weevil quarantined, suppressed or functionally
eradicated area, as established by §§20.11 - 20.13 of this
chapter (relating to Quarantined Areas, Suppressed Areas, and Functionally
Eradicated Areas) in conjunction with §20.14 of this chapter
(relating to Eradicated Areas).
(c) Upon discovery of hostable volunteer or other hostable
noncommercial cotton, the department will give notice to the grower
or landowner, or both the grower and the landowner, to destroy the
hostable volunteer or other hostable noncommercial cotton within 14
days after the date notice is given. If weather conditions prevent
destruction of the cotton within the 14-day grace period, the grower
or landowner may, before the end of the 14-day grace period submit
a request for an extension of the grace period.
(1) Crop fields. If hostable volunteer or other hostable
noncommercial cotton located in a crop field, that is not a commercial
cotton field, is not destroyed on or before the 14th day after notice
is given, the department or a person designated by the department
may monitor and treat the cotton for boll weevil. The monitoring and
treatments will continue until the cotton becomes non-hostable.
(2) Other locations. If hostable volunteer or other
hostable noncommercial cotton not located in a crop field or commercial
cotton field is not destroyed on or before the 14th day after notice
is given, the department may declare the location a public nuisance,
destroy the cotton, and charge the landowner 150% of the actual destruction
costs.
(d) Hostable Noncommercial Cotton Fee. If hostable
volunteer or other hostable noncommercial cotton in a crop field,
or other location that is not a commercial cotton field, is not destroyed
on or before the 14th day after notice is given or the expiration
of an approved extended period, the grower or landowner shall pay
a hostable noncommercial cotton fee of $5.00 per acre for each full
or partial week until the cotton is destroyed.
(1) If hostable volunteer or other hostable noncommercial
cotton is present in less than fifty percent of the crop field or
other location that is not a commercial cotton field, then the fee
will be based on one-half of the total acreage of the crop field or
other location that is not a commercial cotton field.
(2) Prior to the established destruction deadline listed
in §20.22 of this chapter (relating to Stalk Destruction Requirements)
for the applicable pest management zone, the total fee per acre shall
not exceed the per acre assessment for boll weevil eradication that
would be applicable if the location were a commercial cotton field.
If hostable noncommercial cotton is present after the date of the
destruction deadline or any approved extension of the destruction
deadline, the grower or landowner shall pay a hostable noncommercial
cotton fee of $5.00 per acre for each full or partial week that shall
be in addition to any fees accrued prior to the destruction deadline.
(3) Fees will cease to accrue on the earlier of:
(A) the date a department inspector finds all hostable
volunteer or other hostable noncommercial cotton has been destroyed;
or
(B) the date the grower or landowner notifies the department
that all hostable volunteer or other hostable noncommercial cotton
has been destroyed, provided that all hostable volunteer or other
hostable noncommercial cotton is found to be destroyed during the
first department inspection of the crop field or other location that
is not a cotton field after the grower or landowner notifies the department.
(e) Notice is given under this section on the date:
(1) the notice is personally delivered to the grower
or landowner or to any agent, of the grower or landowner, who typically
receives business correspondence on behalf of the grower or landowner;
or
(2) if mailed, three days after the date the notice
is mailed to the grower or landowner or to any agent, of the grower
or landowner, who typically receives business correspondence on behalf
of the grower or landowner.
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Source Note: The provisions of this §20.31 adopted to be effective September 1, 2009, 34 TexReg 5897; amended to be effective November 1, 2011, 36 TexReg 7313; amended to be effective June 14, 2012, 37 TexReg 4184; amended to be effective January 3, 2016, 40 TexReg 9625; amended to be effective March 5, 2023, 48 TexReg 1033 |