An institution of higher education, as defined in Texas Education Code, Section 61.003, that agrees to conduct plant pest and disease detection and surveillance, is eligible to apply for a grant under this chapter if the department determines that:

1. (1) the institution of higher education is in a region of this state that has a high risk of being affected by one or more plant pests or diseases based on:

   1. (A) the region's conduciveness to agricultural pest and disease establishment due to location, agricultural commodities produced, climate, crop diversity, or natural resources, or
   2. (B) the department's determination that an agricultural pest or disease in the region is a matter of state or federal concern; and

2. (2) the proposed grant project will likely:

   1. (A) prevent the introduction, establishment, or widespread dissemination of plant pests and diseases; and
   2. (B) provide a comprehensive approach to complement federal and state plant pest and disease detection efforts.

Source Note:The provisions of this §1.1202 adopted to be effective September 19, 2023, 48 TexReg 5137.