Texas Boll Weevil Eradication Foundation, Inc. v. Lewellen
Texas Supreme Court
952 S.W.2d 454 (1997)
- Written by Deanna Curl, JD
Facts
In 1993, the Texas legislature passed a statute authorizing the agriculture commissioner to certify a nonprofit organization representing cotton growers to create a foundation to fight the boll weevil, an invasive insect that destroys cotton crops. The organization created the Official Cotton Growers’ Boll Weevil Eradication Foundation (the foundation) (defendant). The statute authorized the foundation to hold referenda for cotton growers to establish official boll-weevil-eradication zones in which the foundation exercised broad governmental authority. In eradication zones, the foundation was authorized to establish eradication programs, levy and collect assessments, enter private property without permission, and impose harsh penalties for unpaid assessments, including crop liens, penal sanctions, and destruction of noninfected crops. A group of cotton growers (plaintiff) sued the foundation, challenging the foundation’s statutory grant of authority under the Texas Constitution’s separation of powers.
Rule of Law
Issue
Holding and Reasoning (Phillips, C.J.)
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