| (a) A cotton grower is the person defined in the Texas
Agriculture Code, §74.102(5). A cotton grower is eligible to
vote if the grower grows cotton in a boll weevil eradication zone
or area in which a referendum is being held and receive direct income
from the sale of cotton in the crop year in which the referendum is
being held. This eligibility requirement will be determined from the
official list of the Texas office of the United States Department
of Agriculture Farm Service Agency (FSA) of operators or crop-sharing
landlords who planted cotton in the zone or area in which a referendum
is being held in the crop year in effect at the time of the referendum.
Each entity so identified by the FSA is entitled to vote the number
of acres it farms in referenda where voting acreage is required to
be considered. In referenda where acreage is not required to be considered,
the same entities identified by the FSA are eligible to vote only
once in each zone referendum and/or Texas Boll Weevil Eradication
Foundation (foundation) board election. For example, if "Smith Farms"
certifies cotton acreage with the FSA and receives income as "Smith
Farms," then the entity "Smith Farms" is entitled to a vote. If John
Smith is the president or agent for "Smith Farms," he would have the
authority to vote for that entity. If John Smith also has a separate
farming entity under his individual name and receives direct cotton
income, he too would be eligible to vote his respective acreage separate
from "Smith Farms." In the event a grower or entity meets all other
eligibility requirements, but does not certify cotton acreage with
FSA in the crop year in which the referendum is held, voter eligibility
can be established by providing a copy of a gin receipt or foundation
assessment bill for the crop year being voted in order to obtain a
ballot.
(b) A cotton grower eligible to vote in an eradication
zone referendum is also entitled to elect board members to represent
the eradication zone in which the grower's cotton production occurs.
(c) If a cotton grower has production in more than
one zone, the grower may vote in each zone in which the grower meets
the eligibility requirements for voting provided at subsection (a)
of this section.
|
| Source Note: The provisions of this §3.1 adopted to be effective August 9, 1993, 18 TexReg 4949; amended to be effective December 31, 1993, 18 TexReg 9754; amended to be effective August 1, 1996, 21 TexReg 6891; amended to be effective January 8, 1998, 23 TexReg 128; amended to be effective June 26, 2023, 48 TexReg 3405 |
