(a) A referendum to establish a zone, to establish a suppression program in an existing zone, to add a county or area to an existing zone, to transfer an area or county from one zone to another, to discontinue the program in a zone, or to set or continue an assessment rate must pass by a favorable vote of:      
        (1) at least two-thirds of those voting vote in favor of the referendum; or       
        (2) those voting in favor of the referendum cultivate more than 50 percent, as determined by the Commissioner, of the citrus acreage in the relevant pest management zone. The total acreage of citrus in each pest management zone or area shall be determined by use of the latest available figures provided to the Department by the Corporation.       
      (b) If a pest management zone or program establishment, assessment, or retention referendum conducted under §80.006 of the Code 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.     
      (c) If a discontinuation referendum conducted under §80.014 of the Code is not approved, no such referendum may be held within two years of any other referendum in the pest management zone pertaining to establishing or discontinuing the pest management zone.     
     Source Note:        The provisions of this §27.208 adopted to be effective December 6, 2015, 40 TexReg 8637