Texas Boll Weevil Eradication Foundation, Inc. v. Lewellen

in which OWEN, Justice, joins. GONZALEZ and BAKER, Justices, join in Parts I, IV, and V of the Court’s opinion and in the judgment. HECHT, Justice, joins in Parts IV and V of the Court’s opinion and in the judgment. CORNYN, ENOCH, SPECTOR and ABBOTT, Justices, join in Parts I, II, and IV of the Court’s opinion.

Subchapter 74D of the Texas Agriculture Code (the Act) provides for the creation and *457operation of an “Official Cotton Growers’ Boll Weevil Eradication Foundation.” Subject to referendum approval from the affected cotton growers, this Foundation is authorized to operate boll weevil…