TITLE 4.AGRICULTURE

Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 20. COTTON PEST CONTROL

Subchapter C. STALK DESTRUCTION PROGRAM

4 TAC §20.22

The Texas Department of Agriculture (the department) proposes an amendment to §20.22, concerning cotton stalk destruction requirements. The amendment changes the stalk destruction deadline for Zone 2 Areas 1 and 2 from September 15 to September 1 and for Zone 2 Area 3 from September 25 to September 1. The change is proposed to establish a uniform date for all of Zone 2, which will allow the department and producers to better coordinate stalk destruction activities in the zone.

Ed Gage, Coordinator for Pest Management/Citrus, has determined that for the first five year period the amendment is in effect, there will be no fiscal implications for state government as a result of enforcing or administering the section, as amended. There will be no fiscal implications for local government as a result of enforcing or administering the section, as amended.

Mr. Gage has also determined that for each of the first five years the section, as amended, is in effect the public benefit will be that the change in cotton stalk destruction dates for Zone 2, Areas 1, 2, and 3 will allow for greater coordination of stalk destruction in the area as well as compliment the efforts of producers to achieve boll weevil eradication. There is no anticipated cost to small businesses or to persons required to comply with the proposal.

Comments on the proposal may be submitted to Ed Gage, Coordinator for Pest Management/Citrus, 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 amendment is proposed in accordance with the Texas Agriculture Code, §74.006, which provides the department with the authority to adopt rules as necessary for the effective enforcement and administration of Chapter 74, Subchapter A; and §74.004 which provides the department with the authority to establish regulated areas, dates and appropriate methods of destruction of stalks, other parts, and products of host plants for cotton pests.

The code affected by this proposal is the Texas Agriculture Code, Chapter 74, Subchapter A.

§20.22.Stalk Destruction Requirements.

(a)

Deadlines and methods. All cotton plants in a pest management zone shall be destroyed, regardless of the method used, by the stalk destruction dates indicated for the zone. Destruction shall be accomplished by the methods described as follows:

Figure: 4 TAC §20.22(a)

(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 9, 2001.

TRD-200102017

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: May 20, 2001

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