| (a) Upon request of the Corporation, the Commissioner
shall conduct and prescribe the manner to conduct an election and/or
referendum as authorized under the Chapter 80 of the Code.
(b) With the Commissioner's approval, the Corporation
may set the assessment rate at a level less than the maximum assessment
approved by the referendum.
(c) Notice of the referendum shall be published in
one or more newspapers published and distributed within the boundaries
in which the board operates. The notice shall be published at least
45 days before the date of the referendum and/or board election in
one or more newspapers published and distributed throughout the proposed
or established pest management 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, at least 45
days before the date of the referendum, the Department will give direct
written notice to the county office for the Texas AgriLife Extension
Service in the pest management zone or zones or area proposed to be
added or transferred.
(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;
(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 citrus producers having production
in the pest management zone and the time for which the assessment
will be collected; and
(6) who to contact for more information.
(e) A proposed pest management zone referendum ballot
must include or be accompanied by information about the proposed pest
management zone, including:
(1) a statement of the purpose of the pest suppression
program;
(2) the geographic area included in the proposed pest
management zone;
(3) a general summary of rules adopted by the Commissioner
under §§80.016, 80.020, and 80.022 of the Code, including
a description of:
(A) citrus producer responsibilities; and
(B) penalties for noncompliance with rules adopted
under this chapter; and
(4) an address and toll-free telephone number that
a citrus producer may use to request more information about the referendum
or the pest suppression program.
(f) The referendum will be conducted by mail ballot.
All eligible producers will be mailed a ballot. An eligible producer
who has not received a ballot may request a mail ballot by contacting
Department headquarters. No eligible producer requesting a mail ballot
shall be refused a ballot.
(1) Cast ballots will be returned by mail to Department
headquarters by the citrus producer via postage paid envelope and
must be postmarked by a deadline to be determined by the Department.
(2) Ballots submitted to the Department by mail shall
be maintained at Department headquarters.
(g) The Department will be reimbursed by the Corporation
for all costs associated with conducting a referendum under this subchapter.
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