MAINTENANCE AREAS

(a) On the request of the foundation and affected cotton grower steering committees, the commissioner by rule may designate boll weevil and pink bollworm eradication maintenance areas for the continued protection of the cotton industry. To the extent practicable, and to the extent consistent with Subsection (b), maintenance areas must follow the lines of existing eradication zones. Contiguous eradication zones eligible for inclusion in a maintenance area may be included in the same maintenance area. Additional counties not previously included in an eradication zone may be added to maintenance areas to prevent reinfestation or otherwise support the eradication efforts of the state on request of the foundation, if the county is contiguous with a maintenance area. (b) An eradication zone is eligible for inclusion in a maintenance area if: (1) the commissioner determines that the boll weevil has been functionally eradicated in that zone; (2) the zone has satisfied any debt owed to the foundation; (3) the cotton grower steering committee has been consulted regarding the inclusion of the zone in a maintenance area; and (4) the foundation requests the inclusion of the zone in a maintenance area. (c) To the extent consistent with this subchapter, Subchapter D applies to the activities of the department and foundation under this subchapter.