| (a) All assessments are due in full, postmarked to the foundation
on or before the due date set by the commissioner each year.
(b) Any grower who pays the full amount of the assessment 15
or more days before the due date will be entitled to a reduction in the
total amount of their assessment of not less than 2.0%.
(c) Any grower who has not paid the amount of the assessment
by the due date will be charged a late fee not to exceed 1.5% per month
of the total amount due to the foundation.
(d) Assessments not paid 30 days or more after the due date
may be referred to the department for assessment of administrative penalties
in accordance with the Texas Agriculture Code§74.115, as amended by
Senate Bill 631 and §3.74 of this title (relating to Penalties for Non-payment
of Assessment and Failure to Timely Report Acreage).
(e) The foundation shall maintain a limited-access website
that is Y2K compliant. This website shall list by zone growers whose assessments
are due and unpaid beginning the date that the assessment lien established
by the Code, §74.115 attaches and is perfected. Any grower whose name
does not appear on this listing on the date the first buyer of cotton disburses
funds to the grower, shall be considered as having paid the assessment in
full. The specific information on this website shall include all of the
information required to be included on a compliance certificate as described
in §3.505 of this title (relating to Compliance Certificates) and any
other information deemed necessary by the department. The website shall be
updated as information is received by the Foundation, but at least daily
during normal business hours. Access to the website shall be provided to
known first buyers of cotton including cotton merchants, cotton marketing
cooperatives, cotton gins and lenders. Access to the website may also be
provided to others, as appropriate..
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