(a) The certified cotton growers’ organization shall be:

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Terms Used In Tennessee Code 43-6-422

  • Boll weevil: means Anthonomus grandis Boheman in any stage of development. See Tennessee Code 43-6-402
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Cotton: means any cotton plant or cotton plant product upon which the boll weevil is dependent for completion of any portion of its life cycle. See Tennessee Code 43-6-402
  • Department: means the Tennessee department of agriculture. See Tennessee Code 43-6-402
  • Person: means any individual, corporation, company, society, or association, or other business entity. See Tennessee Code 43-6-402
  • Quorum: The number of legislators that must be present to do business.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) A public corporation and may contract and be contracted with, implead and be impleaded, and complain and defend in all courts; and
(2) Governed by a board of directors, which shall name its chair, vice chair, and secretary, and determine a quorum for the transaction of its business.
(b) The certified cotton growers’ organization may appoint advisory boards, special committees, legal counsel, and technical and clerical personnel to advise, aid, and assist the organization in the performance of its duties, and fix, if necessary, any compensation for such services.
(c) The members, officers, and employees of the certified cotton growers’ organization operating under this part shall not be held individually responsible to any grower or other person for errors in judgment, mistakes, or other acts of omission or commission, other than their own acts of dishonesty or crime. No member, officer, or employee shall be held individually responsible for any act of omission of any other member of such organization. The liability of the members of the certified cotton growers’ organization shall be several and not joint, and no member shall be liable for the default of any other member.
(d) The certified cotton growers’ organization may borrow money or otherwise incur indebtedness, and may expend the moneys so acquired for the purpose of destroying and eradicating the boll weevil in Tennessee. Any indebtedness created pursuant to this subsection (d) shall be repaid from the assessments on the cotton growers provided for in § 43-6-423 or from other funds available to the cotton growers’ organization, and shall not constitute a debt of the state or any department, agency, political subdivision, official, or employee of the state. Funds borrowed under this subsection (d) may be expended by the certified cotton growers’ organization for the purpose of reducing the annual assessment or increasing the number of years over which cotton growers are required to pay assessments under this part.
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