Sec. 74.0032.  HOSTABLE COTTON FEE.  (a)  The department shall establish and collect a hostable cotton fee for fields in which hostable cotton stalks, hostable volunteer cotton, or other hostable noncommercial cotton remains past the stalk destruction deadline set for the applicable pest management zone under Section 74.0031.  A fee under this section shall be expressed in terms of dollars per acre, per week in which the stalks, volunteer cotton, or other noncommercial cotton remains in the field.  The department shall establish a procedure to notify a cotton grower that a fee is due the department under this section.
(b)  If adverse weather conditions or other good cause exists, the Texas Boll Weevil Eradication Foundation may request that the department grant an extension of the cotton stalk destruction deadline for any specified part of the pest management zone or for the entire pest management zone.  A request under this subsection must be made within the period specified by department rule.  A field is not subject to a hostable cotton fee if the department grants an extension of the deadline.  The Texas Boll Weevil Eradication Foundation shall submit to the department an estimate of the amount by which an extension under this subsection will increase the cost of administering the boll weevil eradication program.
(c)  If the Texas Boll Weevil Eradication Foundation does not request an extension, or if the department denies a request for an extension of the cotton stalk destruction deadline for a specified part of a pest management zone, a cotton grower may apply for an individual extension of the deadline.  A request under this subsection must be made within the period specified by department rule.
(d)  The Texas Boll Weevil Eradication Foundation shall submit to the department an estimate of the amount by which any extension of a stalk destruction deadline that is granted under Subsection (c) will increase the cost of administering the boll weevil eradication program.
(e)  Any hostable cotton or hostable cotton stalks that remain in a field after the cotton stalk destruction deadline or any extension of the stalk destruction deadline has passed are subject to the hostable cotton fee established under Subsection (a).  Any hostable cotton or hostable cotton stalks that remain in a field for more than 30 days after the stalk destruction deadline or any extension of the deadline are subject to 150 percent of the hostable cotton fee established under Subsection (a).
(f)  A hostable cotton fee shall be sent to the comptroller and may be appropriated only for the purpose of treating hostable cotton or for other expenses related to boll weevil eradication.  The department may contract with the Texas Boll Weevil Eradication Foundation or its successor entity for the treatment, control, or monitoring activities funded from the account.
(g)  Unless the fee is paid on or before the 45th day after the date the department gives notice to a cotton grower that a hostable cotton fee is due, the department may destroy any cotton or cotton stalks that remain in the field, as provided by Section 74.004.
(h)  The department shall adopt rules to administer this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 178 (H.B. 1580), Sec. 2, eff. May 27, 2009.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 83 (S.B. 378), Sec. 1, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 20, eff. September 1, 2021.