TITLE agriculture

Part I. Texas Department of Agriculture

Chapter 3. Boll Weevil Eradication Program

Subchapter E. Creation of Eradication Zones

4 TAC §3.110

The Texas Department of Agriculture (the department) proposes an amendment to §3.110, concerning the Southern High Plains Boll Weevil Eradication Zone The amendment is proposed to change the name of the area designated as the Southern High Plains Boll Weevil Eradication Zone to the Western High Plains Boll Weevil Eradication Zone. The name change is proposed, upon the request of the Southern High Plains Boll Weevil Eradication Zone Interim Advisory Committee, to avoid confusion due to the current name of the zone being similar to the existing Southern High Plains/Caprock zone, and to more accurately describe the geographical area included in the designated zone. All of the area currently included in the Southern High Plains Zone will be designated as the Western High Plains Boll Weevil Eradication Zone.

Katie Dickie Stavinoha, special assistant for producer relations, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Ms. Stavinoha also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the sections will be less confusion among cotton growers and the public in regards to the area covered by the zone. There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the amendment as proposed.

Comments on the proposal may be submitted to Katie Dickie Stavinoha, Special Assistant for Producer Relations, P.O. Box 12847, Austin, Texas 78711, and must be received no later than 30 days from the date of the publication of this proposal in the Texas Register .

The amendment is proposed under the Texas Agriculture Code, §74.1042, which provides the commissioner of agriculture with the authority, by rule, to designate an area of the state as a proposed boll weevil eradication zone; and Senate Bill 1814, 75th Legislature, 1997, §1.27(d), which provides the commissioner of agriculture with the authority to by rule divide a statutory zone and fairly apportion any debt to each portion of the divided zone.

The codes affected by the proposal are the Texas Agriculture Code, Chapter 74.

Western [ Southern ] High Plains Boll Weevil Eradication Zone.

The Western [ Southern ] High Plains Boll Weevil Eradication Zone shall consist of the following area originally included as a part of the Southern High Plains/Caprock Eradication Zone described at the Texas Agriculture Code, §74.1021(e): all of Andrews, Gaines and Yoakum counties; all of Terry County except for all land north of a line 1.25 miles south of the Hockley County line from FM 303 east to Highway 385 and all land north and east of a line with boundaries of County Road 230, County Road 525 also known as Cemetery Road, and County Road 280 to the Lynn County line; and all of Lynn County except for all land north and east of a line 5 miles north of Hwy 380 following County Road 18 that extends from the Terry County line east for 10 miles, then turns south to Hwy 380, and runs east to the intersection of FM 212 before turning south to the Borden County line.

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.

Filed with the Office of the Secretary of State, on February 9, 1998.

TRD-9801831

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: March 22, 1998

For further information, please call: (512) 463-7541