Sec. 41.212. REFERENDUM; BALLOTING. (a) The commissioner shall conduct a referendum of grain producers to determine the maximum amount that may be assessed to a grain producer under Section 41.206 . (b) Only a grain producer who has sold grain to a grain buyer in the 36 months preceding the date of the referendum is eligible to vote in the referendum. (c) An eligible grain producer may vote only once in a referendum. (d) Each grain producer's vote is entitled to equal weight regardless of the grain producer's volume of production. (e) A referendum is approved if a majority of votes cast are in favor of the referendum. (f) Individual voter information, including an individual's vote in a referendum conducted under this section, is confidential and not subject to disclosure under Chapter 552 , Government Code. (g) The board shall locate private sources, including the organizations described by Section 41.204 (a)(1), to pay all expenses incurred in conducting a referendum. (h) The commissioner shall adopt rules as necessary to implement this section.
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