TITLE agriculture

Part I. Texas Department of Agriculture

Chapter 3. Boll Weevil Eradication Program

Subchapter G. Transfer or Addition of Areas to an Eradication Zone

4 TAC §3.301

The Texas Department of Agriculture (the department) proposes new §3.301, concerning modification of boll weevil eradication zones. The new section is proposed to add an area to an existing boll weevil eradication zone created under the Texas Agriculture Code, Chapter 74, Subchapter D. New §3.301, upon the request of cotton growers in Mason County, proposes the addition of Mason County to the Southern Rolling Plains Boll Weevil Eradication Zone, in accordance with the Texas Agriculture Code, §74.108(b).

Matt Brockman, 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.

Mr. Brockman 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 the ability to address cotton growers' desires to have efficient, responsive eradication zones to facilitate boll weevil eradication in Texas. There will be no effect on small businesses. The anticipated economic cost to persons who will be required to comply with the new sections, as proposed, is not determinable at this time. If the proposed addition is adopted, cotton growers in Mason County will be assessed annually to cover costs of an eradication program in that county. The costs to individual growers will depend on voter approval of the proposed addition and the amount of the assessment established for the Southern Rolling Plains Zone.

Comments on the proposal may be submitted to Matt Brockman, 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 new section is proposed under the Texas Agriculture Code, §74.108(b), which provides the commissioner of agriculture with the authority, by rule, to add an area to an eradication zone or transfer an area or county from one statutory zone to another.

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

§3.301.Mason County.

(a)

All of the following area located in Mason County shall be added to the statutorily designated Southern Rolling Plains Boll Weevil Eradication Zone described at the Texas Agriculture Code, §74.1021(f).

(b)

The addition of all of Mason County to the Southern Rolling Plains Zone shall be effective upon the passage of a grower referendum in Mason County approving the addition.

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 March 5, 1999.

TRD-9901402

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: April 18, 1999

For further information, please call: (512) 463-4075