SECTION 3.704. West Texas Maintenance Area - Collection of Maintenance Fees

(a) The first central collection points receiving and shipping cotton produced in the West Texas Maintenance Area shall collect the per-bale maintenance fee on all cotton produced in the area, beginning upon receipt of the notifications from the Commissioner and the Foundation, and continuing until such time as the Commissioner gives notice otherwise.

(b) Beginning on the effective date of this subchapter and continuing for each year thereafter, until such time as the Commissioner gives notice otherwise, the first central collection points shall forward all West Texas Maintenance Area maintenance fees to the Foundation, for cotton grown in the year 2015 or later, on the following schedule:

(1) for all cotton that is sold, paid and shipped by February 15, and not previously submitted and reported, submit to the Foundation by March 1;

(2) for all cotton that is sold, paid and shipped by May 15, and not previously submitted and reported, submit to the Foundation by June 1; and

(3) for all cotton that is sold, paid and shipped by September 15, and not previously submitted and reported, submit to the Foundation by October 1.

(c) The first central collection point shall submit a report with each maintenance fee submission listing all West Texas Maintenance Area cotton received and shipped and the maintenance fees and remitted from such cotton proceeds, on a form promulgated by the Foundation.

(d) In the event a central collection point collects and remits a maintenance fee on cotton that was produced outside of the West Texas Maintenance Area, and the cotton producer from whom the fee was collected submits a refund request, along with documentation demonstrating that the cotton was not produced in the West Texas Maintenance Area, to the Foundation, the Foundation shall issue a maintenance fee refund to such cotton producer.

(e) Maintenance fees collected and received by the Foundation are not state funds.

Source Note: The provisions of this §3.704 adopted to be effective January 20, 2015, 40 TexReg 326; amended to be effective February 1, 2016, 41 TexReg 775