The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
(1) Cattle--Live domesticated bovine animals regardless
(2) Collection Point--The person or entity prescribed
by the Council that is responsible for collecting and remitting an
assessment pursuant to Texas Agriculture Code, Chapter 41.
(3) Council--The Beef Promotion and Research Council
of Texas, as established under Texas Agriculture Code, Chapter 41,
(4) Extension--Texas A&M Agrilife Extension Service.
(5) Headquarters--The principal office of the Texas
Department of Agriculture located in Austin, Texas.
(6) Physical Balloting--A designated location determined
by the Commissioner where an eligible producer may vote in person.
(7) Producer--Any person who owns or acquires ownership
of cattle; provided, however, that a person shall not be considered
a producer within the meaning of this subchapter if:
(A) the person's only share in the proceeds of a sale
of cattle or beef is a sales commission, handling fee, or other service
(B) the person:
(i) acquired ownership of cattle to facilitate the
transfer of ownership of such cattle from the seller to a third party;
(ii) resold such cattle no later than ten days from
the date on which the person acquired ownership; and
(iii) certified, as required by procedures prescribed
by the Council, that the requirements of this provision have been