TITLE agriculture

Part I. Texas Department of Agriculture

Chapter 19. Quarantines

Subchapter A. General Quarantine Provisions

4 TAC §19.7

The Texas Department of Agriculture (the department) proposes an amendment to §19.7, concerning violations and penalties. The amendment to §19.7 is proposed to address violations and penalties for failing to comply with the terms of a compliance agreement.

David Kostroun, plant quality coordinator, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.

Mr. Kostroun also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to minimize, reduce, or eliminate the spread of known or potentially harmful pests or diseases to Texas Agriculture. There will be no effect on small businesses and to persons required to comply with the rule as proposed.

Comments on the proposal may be submitted to David Kostroun, Coordinator, Plant Quality Programs, P.O. Box 12847, Austin, Texas 78711. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register .

The amendment is proposed under the Texas Agriculture Code, §12.020, which provides the Texas Department of Agriculture with the authority to assess administrative penalties for violations of quarantine rules; and §71.007, which authorizes the department to adopt rules necessary for the protection of agricultural and horticultural interests.

The Texas Agriculture Code, Chapters 12 and 71, are affected by the proposed amendment.

§19.7.Violations and Penalties.

Failure to perform according to the terms of a compliance agreement is a violation of this subchapter and may result in the rescission of the compliance agreement and the assessment of administrative penalties by the department.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Issued in Austin, Texas, on January 3, 1997.

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: February 14, 1997

For further information, please call: (512) 463-7583

Chapter 20. Cotton Pest Control

Subchapter C. Stalk Destruction Program

4 TAC §§20.22

The Texas Department of Agriculture (the department) proposes an amendment to §20.22, concerning authorized cotton stalk destruction methods.

The department is amending its cotton stalk destruction schedule to clarify what destruction methods are appropriate for destruction zones by adding to the schedule references to methods of destruction which were inadvertently omitted in the of last adopted publication of the schedule. The department currently has in effect an emergency amendment to the schedule for Zone 8 for Johnson, Ellis and Navarro counties only. The emergency amendment has extended the November 30 deadline for those counties to January 15 for this year only. That emergency amendment will expire on January 15, 1997.

The department is also acting on behalf of cotton farmers in Houston County to delete reference "d" in the schedule which specifies the destruction method for that county. The current destruction method for Houston County only is shred and plow. With the deletion of reference "d", the proposed destruction method will be shred and/or plow.

Leslie McKinnon, coordinator for pest management programs, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result enforcing or administering the rule.

Ms. McKinnon also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be the reduction in producer confusion concerning regulation requirements and the facilitation of effective cotton pest control. There will be no effect on small businesses. There will be no anticipated economic cost to persons who are required to comply with the rule as proposed.

Comments on the proposal may be submitted to Leslie McKinnon, Coordinator for Pest Management Programs, Texas Department of Agriculture, P. O. Box 12847, Austin, Texas 78711. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register .

The amendment is proposed under the Texas Agriculture Code, §74.006, which provides the Texas Department of Agriculture with the authority to adopt rules as necessary for the efficient enforcement and administration of Chapter 74, Subchapter A; and §74.004, which provides the department with the authority to establish regulated areas, dates, and appropriate methods of destruction of stalks, other parts, and products of host plants for cotton pests.

The code sections that will be affected by the proposal are the Texas Agriculture Code, Chapter 74, Subchapter A.

§20.22.Stalk Destruction Requirements.

Deadlines and methods. All cotton plants in a pest management zone shall be destroyed, regardless of the method used, by the stalk destruction dates indicated for the zone. Destruction shall be accomplished by the methods described as follows:

Figure: 4 TAC §20.22(a)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Issued in Austin, Texas, on January 3, 1997.

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: February 14, 1997

For further information, please call: (512) 463-7583