TITLE 4.AGRICULTURE

Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 3. BOLL WEEVIL ERADICATION PROGRAM

Subchapter G. TRANSFER OR ADDITION OF AREAS FROM ONE ERADICATION ZONE TO ANOTHER ZONE

4 TAC §3.302, §3.303

The Texas Department of Agriculture (the department) adopts new §§3.302 and 3.303, concerning modification of boll weevil eradication zones, without changes to the proposal published in the February 11, 2000, issue of the Texas Register (25 TexReg 992). The new sections are adopted to transfer areas from one boll weevil eradication zone to another zone created under Chapter 74, Subchapter D. The transfer of areas from one zone to another is made upon the request of cotton producers in the affected areas, and upon recommendation of the Texas Boll Weevil Eradication Foundation's Board of Director's and technical advisory committee. The transfers are adopted in accordance with the Texas Agriculture Code, §74.108(b), in order to ensure that contiguous cotton-growing areas with similar biological characteristics are treated within one zone and to address cotton growers' desire to have efficient, responsive eradication zones to facilitate boll weevil eradication in Texas. New §3.302, provides for the transfer of a portion of Armstrong County from the Northern High Plains Boll Weevil Eradication Zone to the Northern Rolling Plains Boll Weevil Eradication Zone. New §3.303 provides for the transfer of a portion of Randall County from the Northern High Plains Boll Weevil Eradication Zone to the Northwest Plains Boll Weevil Eradication Zone.

No comments were received on the proposal.

The new sections are adopted 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.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 13, 2000.

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: April 2, 2000

Proposal publication date: February 11, 2000

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

Chapter 17. MARKETING AND PROMOTION DIVISION

Subchapter B. LIVESTOCK EXPORT FACILITIES

4 TAC §17.31

The Texas Department of Agriculture (the Department) adopts amendments to Chapter 17, Subchapter B, §17.31, concerning Livestock Export Facilities, without changes to the proposal published in the January 28, 2000, issue of the Texas Register (25 TexReg 490). The amendments to §17.31(k) are adopted to increase administrative efficiency and expedite livestock processing at export facilities by eliminating delayed billing of export pen fees. While delayed billing has been eliminated, and payment now required at the conclusion of a transaction, the section, as adopted, does allow for consideration of transactions that may involve multiple loads or consignors. The amendments will also benefit users of the facilities because users will be better informed about the fee payment process and therefore, will be better prepared to efficiently complete transactions with personnel at the department's export facilities. The amendments provide that fees are due and payable at the conclusion of each transaction and that a permitted transaction may include the exportation of one of more loads of livestock by one or more consignors during a one-week period.

No comments were received on the proposal.

The amendments are adopted under the Texas Agriculture Code (the Code) §12.016, which provides the department with the authority to adopt rules as necessary for the administration of its powers and duties under the Code; and the Code, §146.021, which provides the department with the authority to receive and hold for processing animals transported in international trade and to establish and collect reasonable fees for yardage, maintenance, feed, medical care, and other necessary expenses incurred in the course of processing those animals.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 10, 2000.

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: March 30, 2000

Proposal publication date: January 28, 2000

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