The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Cattle--Live domesticated bovine animals regardless of age.
2. (2) Collection Point--The person or entity prescribed by the Council that is responsible for collecting and remitting an assessment pursuant to Texas Agriculture Code, Chapter 41.
3. (3) Council--The Beef Promotion and Research Council of Texas, as established under Texas Agriculture Code, Chapter 41, Subchapter H.
4. (4) Extension--Texas A&M Agrilife Extension Service.
5. (5) Headquarters--The principal office of the Texas Department of Agriculture located in Austin, Texas.
6. (6) Physical Balloting--A designated location determined by the Commissioner where an eligible producer may vote in person.

7. (7) Producer--Any person who owns or acquires ownership of cattle; provided, however, that a person shall not be considered a producer within the meaning of this subchapter if:

   1. (A) the person's only share in the proceeds of a sale of cattle or beef is a sales commission, handling fee, or other service fee; or

   2. (B) the person:

      1. (i) acquired ownership of cattle to facilitate the transfer of ownership of such cattle from the seller to a third party;
      2. (ii) resold such cattle no later than ten days from the date on which the person acquired ownership; and
      3. (iii) certified, as required by procedures prescribed by the Council, that the requirements of this provision have been satisfied.

Source Note:The provisions of this §23.101 adopted to be effective November 5, 2017, 42 TexReg 6002.