(a) A cotton grower is the person defined in the Texas Agriculture Code, §74.102(5). A cotton grower is eligible to vote if the grower grows cotton in a boll weevil eradication zone or area in which a referendum is being held and receive direct income from the sale of cotton in the crop year in which the referendum is being held. This eligibility requirement will be determined from the official list of the Texas office of the United States Department of Agriculture Farm Service Agency (FSA) of operators or crop-sharing landlords who planted cotton in the zone or area in which a referendum is being held in the crop year in effect at the time of the referendum. Each entity so identified by the FSA is entitled to vote the number of acres it farms in referenda where voting acreage is required to be considered. In referenda where acreage is not required to be considered, the same entities identified by the FSA are eligible to vote only once in each zone referendum and/or Texas Boll Weevil Eradication Foundation (foundation) board election. For example, if "Smith Farms" certifies cotton acreage with the FSA and receives income as "Smith Farms," then the entity "Smith Farms" is entitled to a vote. If John Smith is the president or agent for "Smith Farms," he would have the authority to vote for that entity. If John Smith also has a separate farming entity under his individual name and receives direct cotton income, he too would be eligible to vote his respective acreage separate from "Smith Farms." In the event a grower or entity meets all other eligibility requirements, but does not certify cotton acreage with FSA in the crop year in which the referendum is held, voter eligibility can be established by providing a copy of a gin receipt or foundation assessment bill for the crop year being voted in order to obtain a ballot.
(b) A cotton grower eligible to vote in an eradication zone referendum is also entitled to elect board members to represent the eradication zone in which the grower's cotton production occurs.
(c) If a cotton grower has production in more than one zone, the grower may vote in each zone in which the grower meets the eligibility requirements for voting provided at subsection (a) of this section.

Source Note: The provisions of this §3.1 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 January 8, 1998, 23 TexReg 128; amended to be effective June 26, 2023, 48 TexReg 3405