(a) A referendum to establish a zone, to establish an eradication program in an existing zone, to add a county or area to an existing zone, to transfer an area or county from one statutory zone to another, to discontinue the program in a zone, or to set an assessment rate must pass by a favorable vote of at least two-thirds of those voting on the referendum or a favorable vote of growers who farm more than 50% of the total acreage of cotton in the relevant eradication zone or area. The total acreage of cotton in each zone or area shall be determined by use of the latest available figures from the Texas office of the Consolidated Farm Service Agency. (b) A retention referendum conducted under the Texas Agriculture Code, §74.114(a) and a referendum or proposition included in a referendum to approve use of a third party contractor to carry out an eradication program, must pass by majority vote of growers voting. (c) If a zone or
program establishment, assessment, or retention referendum conducted under the Texas Agriculture Code, §74.114 is not approved, the department may not conduct another referendum in the same area on that same issue before one year after the date of the election on the failed referendum. In addition, if a zone is not established or is discontinued, any concurrent board member election has no effect, and the commissioner shall appoint a board member to represent the zone in which the election was held. (d) If a discontinuation referendum conducted under the Texas Agriculture Code, §74.112, as amended, is not approved, no such referendum may be held within two years of any other referendum in the eradication zone pertaining to establishing or discontinuing the eradication zone. (e) After the commissioner has certified the referendum and board election and issued certificates of election to any elected board members, those members may act in
accordance with the powers provided to them by the Texas Agriculture Code, Chapter 74, Subchapter D, as amended.


Source Note: The provisions of this §3.6 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 November 24, 1997, 22 TexReg 11081.