| (a) Hostable Commercial Cotton Fee. Hostable unharvested
cotton, hostable harvested cotton, or hostable volunteer or other
hostable noncommercial cotton, including regrowth, found in a commercial
cotton field after the cotton destruction deadline or any extension
of the destruction deadline, may be subject to a hostable commercial
cotton fee.
(b) Grace period. Upon discovery of hostable volunteer
or other noncommercial cotton in a commercial cotton field, the department
will give notice to the grower or landowner to destroy the hostable
volunteer or hostable regrowth cotton within a seven-day grace period
after the date notice is given. If weather conditions prevent destruction
of the cotton within the seven-day grace period, the grower or landowner
may, before the end of the seven-day grace period submit a request
for an extension of the grace period.
(c) Fee rates for boll weevil quarantined areas. In
a boll weevil quarantined area, as established by §20.11 of this
chapter (relating to Quarantined Areas) in conjunction with §§20.12
- 20.14 of this chapter (relating to Suppressed Areas, Functionally
Eradicated Areas, and Eradicated Areas):
(1) For fields containing planted stalks that remain
undestroyed, the hostable commercial cotton fee is calculated at:
(A) $10.00 per acre for each full or partial week through
the end of the fifth week after the destruction deadline or any approved
extension of the destruction deadline; and
(B) $15.00 per acre for each full or partial week beginning
with the sixth week after the date of the destruction deadline or
any approved extension of the destruction deadline.
(2) For fields that contain only hostable volunteer
or hostable regrowth cotton, the hostable commercial cotton fee is
calculated at:
(A) $5.00 per acre for each full or partial week through
the end of the fifth week after the end of the seven-day grace period
or an approved extended period provided for subsection (b) of this
section; and
(B) $7.50 per acre for each full or partial week beginning
with the sixth week after the end of the seven-day grace period or
an approved extended period provided for in subsection (b) of this
section.
(d) Fee rates for boll weevil suppressed, functionally
eradicated, or eradicated areas. In a boll weevil suppressed, functionally
eradicated or eradicated area, as established by §§20.12
- 20.14 of this chapter in conjunction with §20.11 of this chapter:
(1) For fields containing planted stalks that remain
undestroyed, the hostable commercial cotton fee is calculated at:
(A) $5.00 per acre for each full or partial week through
the end of the fifth week after the destruction deadline or any approved
extension of the destruction deadline; and
(B) $7.50 per acre for each full or partial week beginning
with the sixth week after the date of the destruction deadline or
any approved extension of the destruction deadline.
(2) For fields that contain only hostable volunteer
or hostable regrowth cotton, the hostable commercial cotton fee is
calculated at:
(A) $5.00 per acre for each full or partial week through
the end of the fifth week after the end of the seven-day grace period
or an approved extended period provided for in subsection (b) of this
section; and
(B) $7.50 per acre for each full or partial week beginning
with the sixth week after the end of the seven-day grace period or
an approved extended period provided for in subsection (b) of this
section.
(e) Payment of fees. A hostable commercial cotton fee
must be received on or before the 45th day after the date the department
gives notice to the cotton grower that the fee is due.
(1) Notice is given under this section on the date:
(A) the notice is personally delivered to the person
owing the fee or to any agent, of the person owing the fee, who typically
receives business correspondence on behalf of that person; or
(B) if mailed, three days after the date the notice
is mailed to the person owing the fee or to any agent, of the person
owing the fee, who typically receives business correspondence on behalf
of that person.
(2) An administrative penalty for each day payment
is delinquent may be assessed against a person who fails to pay the
fee required by this section in a timely manner.
(3) In addition to administrative penalties, the department
is also authorized to destroy, or contract for the destruction of,
any hostable cotton for which the applicable fee has not been paid.
If it becomes necessary for the department to contract with someone
to destroy the hostable cotton, the cotton grower must reimburse the
department for 150% of the actual costs required for destruction.
If a cotton grower does not reimburse the department within 30 days
after the date the department or contractor completes destruction
or the date the department issues a bill requesting payment, whichever
is later, the department may place a lien against the property on
which the hostable cotton was located.
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| Source Note: The provisions of this §20.30 adopted to be effective September 1, 2009, 34 TexReg 5897; amended to be effective February 25, 2014, 39 TexReg 1119; amended to be effective September 1, 2019, 44 TexReg 4475; amended to be effective March 5, 2023, 48 TexReg 1033 |
