TITLE 4.AGRICULTURE

Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 3. BOLL WEEVIL ERADICATION PROGRAM

Subchapter D. REQUIREMENTS FOR PARTICIPATION IN THE ERADICATION PROGRAM AND ADMINISTRATIVE PENALTY ENFORCEMENT

4 TAC §3.72, §3.73

The Texas Department of Agriculture (the department) proposes amendments to §3.72 and §3.73, concerning the reporting of cotton acreage as required for participation in the Texas Boll Weevil Eradication Foundation and notice of participation requirements. The amendments to §3.72 are proposed to clarify the reporting requirements, coordinate the reporting with that required by the United States Department of Agriculture's Farm Service Agency and to eliminate double reporting. The amendment to §3.73 is proposed to eliminate the 30 day requirement for the publication of a notice of participation, to add language requiring that such a notice be published upon establishment of new requirements, and to further clarify that notice will be provided upon the passage of a referendum to establish an eradication program and maximum assessment for a zone.

Matt Brockman, Special Assistant for Producer Relations, has determined that for the first five-year period the amendments are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the sections.

Mr. Brockman has also determined that for the first five-year period the amendment will be in effect, the public benefit of enforcing or administering the section will be greater efficiency in reporting of acreage, therefore ensuring proper assessment and collection of revenue for the boll weevil eradication program. There will not be an effect on micro-businesses or small businesses or to persons who are required to comply with the amendments as proposed.

Comments on the proposal may be submitted to Matt Brockman, Special Assistant for Producer Relations, 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 amendments are proposed under the Texas Agriculture Code (the Code), §74.118 which provides the department with the authority to adopt reasonable rules regarding participation in a boll weevil eradication program by cotton growers in an established eradication zone; the Code, §74.121, which requires growers to furnish to the Texas Boll Weevil Eradication Foundation information concerning the size and location of all commercial and noncommercial cotton fields; and, the Code, §74.120, which provides the department with the authority to adopt reasonable rules to carry out the purposes of the Code, Chapter 74, Subchapter D.

The code that will be affected by the proposal is the Texas Agriculture Code, Chapter 74.

§3.72.Requirements for Program Participation.

(a)

All commercial cotton growers within an eradication zone are required to participate in the eradication program approved by grower referendum for that zone.

(b)

Participation in the eradication program includes:

(1)

timely reporting to the foundation, as specified in subsection (c) of this section [ upon request ], of all information regarding [ acreage and location of ] all commercial and noncommercial cotton [ fields ] and of all [ noncommercial patches of ] cotton grown for ornamental, research, or any other purposes as provided in the Code §74.121;

(2)

payment of the assessment in the amount and manner established and approved for that eradication zone; and

(3)

compliance with any department rules, or procedures established by the department or the foundation, for implementation of the eradication program in that eradication zone.

(c)

Reporting deadlines.

(1)

All cotton in an active eradication zone, regardless of which zone, must be reported annually by the grower, not later than the reporting date established for each county by the Farm Service Agency, as specified on the following map:

Figure: 4 TAC §3.72(c)(1)

(2)

Reporting shall be accomplished by:

(A)

certifying the acreage with the appropriate Farm Service Agency office by the date specified in paragraph (1) of this subsection; or

(B)

filing with the foundation an acreage report form, obtained from the foundation, by the date specified in paragraph (1) of this subsection.

§3.73.Notice of Requirement for Participation.

(a)

After [ Within 30 days after ] passage of a referendum establishing an eradication program and maximum assessment and/or upon adoption of any new requirements by the department and/ or the foundation, [ zone ] a notice of the requirements to participate in the eradication program shall be published by the foundation in a newspaper having general circulation within the affected zone or zones for one day each week for three successive weeks.

(b)

The notice required by subsection (a) of this section shall include any [ the ] requirements for timely reporting of acreage to the foundation [ and field location, if appropriate ], compliance with regulations of the department, and payment of the assessment established and approved for that zone.

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 10, 2000.

TRD-200001059

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: March 26, 2000

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