Part 1.
TEXAS DEPARTMENT OF AGRICULTURE
Chapter 12.
WEIGHTS AND MEASURES
Subchapter A. GENERAL PROVISIONS
4 TAC §12.2
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Department of Agriculture or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Agriculture (the Department)
proposes the repeal of §12.2, concerning an expiration date for Chapter
12, relating to Weights and Measures. The repeal of §12.2 is proposed
because the establishment of an expiration date for Chapter 12 is no longer
necessary due to the enactment of legislation establishing a timeframe for
review of agency rules. The deletion of §12.2 eliminates the expiration
date for Chapter 12.
Dolores Alvarado Hibbs, Deputy General Counsel, has determined that for
the first five-year period the repeal is in effect, there will be no fiscal
implications for state or local government as a result of enforcing or administering
the repeal.
Ms. Hibbs also has determined that for each year of the first five years
the repeal is in effect the public benefit anticipated as a result of enforcing
the repeal will be the elimination of unnecessary rules. There will be no
effect on micro-businesses, small businesses or to persons who are required
to comply with the repeal as proposed.
Comments on the proposal may be submitted to Dolores Alvarado Hibbs, 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 repeal is proposed under the Texas Agriculture Code, §12.016
which provides the Department with the authority to adopt rules to administer
the Texas Agriculture Code.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapters 12 and 13.
§12.2.Expiration Provision.
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 April 17, 2000.
TRD-200002661
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: May 28, 2000
For further information, please call: (512) 463-4075
Subchapter A. GENERAL QUARANTINE PROVISIONS
4 TAC §19.8
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Department of Agriculture or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Agriculture (the Department)
proposes the repeal of §19.8 concerning an expiration date for Chapter
19, relating to Quarantines. The repeal of §19.8 is proposed because
the establishment of an expiration date for Chapter 19 is no longer necessary
due to the enactment of legislation establishing a timeframe for review of
agency rules. The deletion of §19.8 eliminates the expiration date for
Chapter 19.
Dolores Alvarado Hibbs, Deputy General Counsel, has determined that for
the first five-year period the repeal is in effect, there will be no fiscal
implications for state or local government as a result of enforcing or administering
the repeal.
Ms. Hibbs also has determined that for each year of the first five years
the repeal is in effect the public benefit anticipated as a result of enforcing
the repeal will be the elimination of unnecessary rules. There will be no
effect on micro-businesses, small businesses or to persons who are required
to comply with the repeal as proposed.
Comments on the proposal may be submitted to Dolores Alvarado Hibbs, 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 repeal is proposed under the Texas Agriculture Code, §12.016
which provides the Department with the authority to adopt rules to administer
the Texas Agriculture Code.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapters 12 and 71, Subchapter A.
§19.8.Expiration Provision.
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 April 17, 2000.
TRD-200002662
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: May 28, 2000
For further information, please call: (512) 463-4075
4 TAC §19.62
The Texas Department of Agriculture (the Department) proposes
amendments to §19.62, concerning Lethal Yellowing Quarantine. The amendments
are proposed to delete the following species of palms from the list of quarantined
articles:
Phoenix roebelenii
,
Corpha taliera
and
Corpha utan
. There
is no proof in the scientific literature that these palms are known to be
hosts of lethal yellowing, and they pose no pest risk to palms grown in Texas.
The amendments also add the following known palm host species of lethal yellowing,
Dr. Awinash Bhatkar, Coordinator for Plant Quality Programs, has determined
that for the first five-year period the rule, as amended, is in effect, there
will be no fiscal implications for state or local government as a result of
enforcing or administering the rule.
Dr. Bhatkar also has determined that for each year of the first five years
the rule, as amended, is in effect the public benefit anticipated as a result
of enforcing the rule will be to mitigate the risk of introduction of lethal
yellowing disease of palms from infested areas to palm growing area of Texas.
There will be no anticipated costs to small or micro-businesses or to individuals
required to comply with the amendments.
Comments on the proposal may be submitted to Awinash Bhatkar, Coordinator
for Plant Quality Programs, Texas Department of Agriculture, P.O. Box 12847,
Austin, Texas, 78711. Comments must be received no later that 30 days from
the date of publication of the proposal in the
Texas
Register
.
The amendments are proposed under the Texas Agriculture Code,§71.007
which authorizes the department to adopt rules as necessary to protect agricultural
and horticultural interests, including rules preventing the entry into a pest-free
zone of any plant, plant product or substance found to be dangerous to the
agricultural and horticultural interest of the zone.
The Texas Agricultural Code, Chapter 71 is affected by the proposal.
§19.62.Quarantined Articles.
(a)
(No change.)
(b)
The following articles are quarantined:
Figure: 4 TAC §19.62(b)
(c)
(No change.)
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 April 17, 2000.
TRD-200002663
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: May 28, 2000
For further information, please call: (512) 463-4075
Chapter 19.
QUARANTINES
Subchapter F. LETHAL YELLOWING QUARANTINE
Chapter 22.
NURSERY PRODUCTS AND FLORAL ITEMS