Tex. Codes » Agriculture Code · TITLE 5. PRODUCTION, PROCESSING, AND SALE OF HORTICULTURAL PRODUCTS · SUBTITLE B. HORTICULTURAL DISEASES AND PESTS · CHAPTER 74. COTTON DISEASES AND PESTS
Texas Codes

Tex. Agric. Code § 74.120 (2026)

Authority To Adopt Rules

✓ current as of May 2026
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Sec. 74.120. AUTHORITY TO ADOPT RULES. (a) The commissioner shall adopt rules to protect individuals, livestock, wildlife, and honeybee colonies on any premises in an eradication zone on which cotton plants are being grown that have been or are being treated to eradicate the boll weevil or the pink bollworm.

(b) Rules adopted under this section shall establish the criteria by which the foundation develops its procedures and methods of treatment, which shall:

(1) establish a methodology for determining when boll weevil or pink bollworm population levels have reached economic significance;

(2) establish an effective treatment regimen that seeks to provide the least possible risk to workers, the public, and the environment;

(3) minimize the effects of the use of pesticides on long-term control methods, including but not limited to the effect a particular pesticide may have on biological controls;

(4) establish methods for monitoring boll weevils, pink bollworms, and secondary pests;

(5) establish methods for verifying pesticide use reduction; and

(6) consider the acute and chronic toxicity of particular pesticides and the quantity of particular pesticides needed. Eradication zone treatment plans may take into account the potential for the use of smaller quantities of more toxic substances to result in fewer health and environmental risks than larger quantities of less toxic substances.

(c) The commissioner may adopt other reasonable rules necessary to carry out the purposes of this subchapter and Subchapters A and B of this chapter. All rules issued under this subchapter must be adopted and published in accordance with state requirements.

(d) Repealed by Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 56(6), eff. September 1, 2021.

Added by Acts 1993, 73rd Leg., ch. 8, Sec. 1, eff. June 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.02, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 227, Sec. 15, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 463, Sec. 1.20, 2.09, eff. May 30, 1997.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 56(6), eff. September 1, 2021.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1997–2024 · leading case: Texas Boll Weevil Eradication Found., Inc. v. Lewellen, 952 S.W.2d 454 (Tex. 1997).
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Texas Boll Weevil Eradication Found., Inc. v. Lewellen, 952 S.W.2d 454 (Tex. 1997). · cites it 9× “See Tex. Agric. Code § 74.120. Simply stated, the statute repeatedly requires the Foundation to operate in accordance with both statutory standards, see, e.”
Aspire Power Ventures, LP v. Pub. Util. Comm'n of Texas, Elec. Reliability Council of Texas, Thomas Gleeson, Lori Cobos, Jimmy Glotfelty, Kathleen Jackson, & Courtney Hjaltman (Tex. App. 2024). · cites it 4× “24 Tex. Agric. Code § 74.120(c) provides that any rules promulgated by the Foundation “must be adopted and published in accordance with state requirements,” putting the Foundation’s rulemaking within the APA’s ambit.”
Steve Veigel v. Texas Boll Weevil Eradication Found., Inc. (Tex. App. 2016). · cites it 2× “21, 22 TEX. AGRIC. CODE § 74.120 ...............”
Tex. Agric. Code § 74.120(c): 2 cases
Texas Boll Weevil Eradication Found., Inc. v. Lewellen, 952 S.W.2d 454 (Tex. 1997). “See Tex. Agric. Code § 74.120. Simply stated, the statute repeatedly requires the Foundation to operate in accordance with both statutory standards, see, e.”
Aspire Power Ventures, LP v. Pub. Util. Comm'n of Texas, Elec. Reliability Council of Texas, Thomas Gleeson, Lori Cobos, Jimmy Glotfelty, Kathleen Jackson, & Courtney Hjaltman (Tex. App. 2024). “24 Tex. Agric. Code § 74.120(c) provides that any rules promulgated by the Foundation “must be adopted and published in accordance with state requirements,” putting the Foundation’s rulemaking within the APA’s ambit.”
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