(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.

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