Part 1.
TEXAS DEPARTMENT OF AGRICULTURE
Chapter 3.
BOLL WEEVIL ERADICATION PROGRAM
Subchapter E. CREATION OF ERADICATION ZONES
4 TAC §3.117
The Texas Department of Agriculture (the department) adopts
new §3.117, concerning the creation of a nonstatutory boll weevil eradication
zone without changes to the text published in the July 13, 2001,
Texas Register
(26 TexReg 5174). The new section is adopted to create
a new nonstatutory boll weevil eradication zone consisting of counties not
currently located in a statutory zone created under Chapter 74, Subchapter
D, §74.1021. New §3.117 designates, upon the request of a representation
of cotton growers in Austin, Brazoria, Colorado, Fort Bend, Jackson, Matagorda,
Wharton and Waller counties, the Upper Coastal Bend Boll Weevil Eradication
Zone, in accordance with the Texas Agriculture Code, §74.1042. The new
section is also adopted to provide cotton growers in the affected area with
a local, efficient, and responsive eradication program to facilitate boll
weevil eradication in Texas. The new section designates all of Austin, Brazoria,
Colorado, Fort Bend, Jackson, Matagorda, Wharton counties and a portion of
Waller County as the Upper Coastal Bend Boll Weevil Eradication Zone.
Comments received by the department on the proposal were provided in the
course of five public hearings conducted by the department on the proposal
in Rosenberg, Blessing, Edna and El Campo, Texas. Approximately 30 persons
attended the hearings. The South Texas Cotton and Grain Association commented
generally in favor of the proposal, as did individual cotton growers and others
involved in the cotton industry in the affected area.
The new section is adopted under the Texas Agriculture Code, §74.1042,
which provides the commissioner of agriculture with the authority, by rule,
to designate an area of the state as a proposed boll weevil eradication zone.
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 August 20, 2001.
TRD-200104861
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: September 9, 2001
Proposal publication date: July 13, 2001
For further information, please call: (512) 463-4075
Subchapter P. DIAPREPES ROOT WEEVIL QUARANTINE
4 TAC §§19.160 - 19.163
The Texas Department of Agriculture (the department) adopts
new §§19.160-19.163, concerning a quarantine for the Diaprepes root
weevil,
Diaprepes abbreviatus
(L), without
changes to the proposed text as published in the July 6, 2001 issue of the
The new sections are adopted to establish a quarantine to prevent the spread
of the Diaprepes root weevil into other citrus and nursery growing areas of
Texas and to facilitate its eradication. The new sections require application
of treatments to achieve eradication and prescribe specific restrictions on
the handling and movement of quarantined articles. To date, several adult
and larvae of the Diaprepes root weevil have been found in an orange grove
located 0.2 miles West of the intersection of Hobbs Drive and North 2nd Street
in McAllen, Texas. Adult emergence of this pest begins in the spring as new
foliage appears during the bloom period. As a result of the detections, the
department adopted a quarantine on an emergency basis for the Diaprepes root
weevil on March 16, 2001, which was published in the March 30, 2001 issue
of the
Texas Register
(26 TexReg 2457).
New §19.160 defines the quarantined pest. New §19.161 designates
quarantine areas based on the location of the Diaprepes root weevil detection
and the known range of the pest outside Texas. New §19.162 lists the
quarantined articles. New §19.163 identifies articles exempt from regulations,
provides for restrictions on the movement of quarantined articles, defines
treatment requirements and provisions for notification of property owners
concerning the quarantine. Details for pest surveys to define the extent of
the infestation and monitoring of affected properties are defined.
A public hearing was held by the Department on August 2, 2001 in San Juan,
Texas to take public comment on the proposal. One oral comment was received
from a representative of the Texas Citrus Mutual organization, which strongly
supported the actions by the Department to eradicate the quarantined pest.
The comment stated that by establishing a quarantine, the spread of Diaprepes
root weevil into additional production areas can be stopped and the threat
to other agricultural crops and the nursery industry can be eliminated.
The new sections are adopted under the Texas Agriculture Code, §71.001,
which authorizes the department to establish quarantines against out-of-state
diseases and pests; §71.002, which authorizes the department to establish
quarantines against in-state diseases and pests; §71.003, which authorizes
the department to establish quarantines around pest-free areas; §71.005,
which authorizes the department to prevent the movement of quarantined articles
or to establish safeguards that allow the movement of such articles; §71.007,
which authorizes the department to provide for the destruction of trees or
fruits, to provide for the cleaning or treatment of orchards, etc.; §71.0081,
which authorizes the department to conduct vehicle inspections for insect
pests or plant diseases; §71.009, which authorizes the department to
seize, treat, or destroy certain quarantined articles; §71.0091, which
provides additional authorization specific to citrus plants to seize, treat,
or destroy certain quarantined articles; §73.002, which authorizes the
department to use all constitutional means to protect the citrus industry; §73.004,
which additionally authorizes the department to establish quarantines for
pests or diseases of citrus plants; §73.010, which authorizes civil penalties
and injunctive relief for violations of the state's laws governing the control
of citrus diseases and pest; and §12.020 which authorizes the department
to assess administrative penalties for violations of Chapter 71 or Chapter
73.
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 August 16, 2001.
TRD-200104794
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: September 5, 2001
Proposal publication date: July 6, 2001
For further information, please call: (512) 463-4075
4 TAC §§22.1, 22.4, 22.6
The Texas Department of Agriculture (the department) adopts
an amendment to §22.1 concerning definitions used in Chapter 22, an amendment
to §22.4 concerning stop-sale orders issued under the department's nursery/floral
program, and new §22.6, concerning developing an integrated pest management
(IPM) plan for entities holding nursery/floral program certificates. The amendments
and new section are adopted without changes to the proposed text as published
in the July 20, 2001, issue of the
Texas Register
(26 TexReg 5326).
The amendment to §22.1 is adopted to establish definitions for a plant
pest, beneficial organism, and an IPM plan. The amendment to §22.4 is
adopted to provide exceptions for the issuance of a stop-sale order as well
as an appeals process for a stop-sale.
New §22.6 is adopted to establish requirements and procedures for
implementing an IPM plan. IPM is a system of managing pests through the use
of multiple control tactics and has been used in various production systems
for more than 30 years. However with the loss of some pesticides and an increased
concern about the environment, there has been an interest by producers to
incorporate IPM practices into their production practices to better manage
pests and diseases. In the Texas nursery/floral industry, the use of IPM practices
is limited. These adopted rules will allow a producer, on a voluntary basis,
to develop and implement an IPM plan for the production of nursery products
and floral items. Producers who have an approved IPM plan will not be subject
to a stop-sale order during production, when a plant pest is detected on plants,
plant products, or plant production areas, and provided the plants are not
subject to sale within 48 hours of the pest detection.
No written or oral comments were received on the proposal.
The amendments and new section are proposed in accordance with
Texas Agriculture Code (the Code), §71.042, which provides the department
with the authority to adopt rules for the immunity and protection of plants
from diseases and insect pests; and §71.060 which provides the department
with the authority to issue and enforce a stop-sale order.
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 August 20, 2001.
TRD-200104889
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: September 9, 2001
Proposal publication date: July 20, 2001
For further information, please call: (512) 463-4075
Chapter 225.
GENERAL PROVISIONS
4 TAC §225.1
The Prescribed Burning Board (the Board), a board established
within the Texas Department of Agriculture, adopts new Chapter 225, §225.1,
concerning definitions to be used in the Board's rules found in Title 4, Texas
Administrative Code, Part 13, Chapter 226 (relating to Standards for Certified
Prescribed Burn Managers), Chapter 227 (relating to Certification, Recertification,
Renewal), Chapter 228 (relating to Training for Certified Prescribed Burn
Managers) and Chapter 229 (relating to Educational and Professional Requirements
for Lead Instructors), without changes to the proposal published in the July
6, 2001, issue of the
Texas Register
(26 TexReg
4934).
The Texas Natural Resources Code, Chapter 153 (Chapter 153), establishes
the Board and provides the Board with the authority to establish a certification
program for prescribed burn managers, including standards, training, educational
and professional requirements for instructors, and minimum insurance requirements.
The new section is adopted to implement Chapter 153 and to provide clear definitions
to be used in implementation of the prescribed burn manager certification
program.
No comments were received on the proposal.
New §225.1 is adopted under the Natural Resources Code §153.046,
which requires the Board to establish standards for prescribed burning, develop
training for prescribed burn managers, establish standards for certification
and recertification of prescribed burn managers, establish minimum education
and professional requirements for instructors for the approved training curriculum,
and establish minimum insurance requirements for certified prescribed burn
managers; and, the Government Code, §2001.004, which requires a state
agency to adopt rules stating the nature and requirements of all available
formal and informal procedures.
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 August 16, 2001.
TRD-200104795
Dolores Alvarado Hibbs
Deputy General Counsel, Texas Department of Agriculture
Prescribed Burning Board
Effective date: September 5, 2001
Proposal publication date: July 6, 2001
For further information, please call: (512) 463-4075
4 TAC §§226.1 - 226.5
The Prescribed Burning Board (the Board), a board established
within the Texas Department of Agriculture, adopts new Chapter 226, §§226.1
- 226.5, concerning standards for certified prescribed burn managers, without
changes to the proposal published in the July 6, 2001, issue of the
The Texas Natural Resources Code, Chapter 153 (Chapter 153), establishes
the Board and provides the Board with the authority to establish a voluntary
certification program for prescribed burn managers, including standards, training,
educational and professional requirements for instructors, and minimum insurance
requirements. The new sections are adopted to implement Chapter 153 and amendments
to Chapter 153 made by the enactment of House Bill 1080, 77th Legislature,
2001. In addition, the standards are adopted to provide assurance that prescribed
burning is conducted in a controlled manner under specified environmental
conditions, and in accordance with a written prescription plan. New §226.1
provides minimum requirements for conducting prescribed burning as a certified
burn manager. New §226.2 provides personnel requirements for conducting
a prescribed burn. New §226.3 provides notification requirements. New §226.4
provides minimum insurance requirements. New §226.5 provides for the
development of a written prescribed burn plan.
No comments were received on the proposal.
New §226.1 - 226.5 are adopted under the Natural Resources
Code §153.046, which requires the Board to establish standards for prescribed
burning, develop training for prescribed burn managers, establish standards
for certification and recertification of prescribed burn managers, establish
minimum education and professional requirements for instructors for the approved
training curriculum, and establish minimum insurance requirements for certified
prescribed burn managers; and, the Government Code, §2001.004, which
requires a state agency to adopt rules stating the nature and requirements
of all available formal and informal procedures.
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 August 16, 2001.
TRD-200104796
Dolores Alvarado Hibbs
Deputy General Counsel, Texas Department of Agriculture
Prescribed Burning Board
Effective date: September 5, 2001
Proposal publication date: July 6, 2001
For further information, please call: (512) 463-4075
The Prescribed Burning Board (the Board), a board established within
the Texas Department of Agriculture, adopts new Chapter 227, §§227.1-227.8
and 227.10-227.16, concerning certification, recertification and renewal of
a prescribed burn manager's certification, without changes to the proposal
published in the July 6, 2001 issue of the
Texas
Register
(26 TexReg 4936). The Texas Natural Resources Code, Chapter
153 (Chapter 153), establishes the Board and provides the Board with the authority
to establish a certification program for prescribed burn managers, including
standards, training, educational and professional requirements for instructors,
and minimum insurance requirements. The new sections are adopted to implement
Chapter 153. In addition, the new sections establish clear standards and requirements
for certified burn managers which will ensure that prescribed burns will be
conducted in an efficient and safe manner. New §227.1 establishes training
requirements. New §227.2 sets forth minimum level of experience required
for certification. New §227.3 provides that there shall be no grandfathering
for purposes of certification of prescribed burn managers. New § provides
an application process and sets a fee for certification. New §227.5 provides
for proof of insurance by applicants. New §227.6 provides categories
of certification. New §227.7 provides the term of certification. New §227.8
provides for reciprocity of certification by another state or federal agency.
New §227.10 provides that certified burn managers must meet recertification
requirements. New §227.11 provides for approved continuing education
activities. New §227.12 provides procedures and requirements for approval
of continuing education activities and assignment of credits. New §227.13
provides eligibility requirements for continuing education units. New §227.14
provides for suspension or denial of approval of continuing education activities.
New §227.15 sets forth responsibilities of continuing education sponsors.
New §227.16 sets forth responsibilities of certified prescribed burn
managers in regards to recertification.
No comments were received on the proposal.
Subchapter A. CERTIFICATION REQUIREMENTS
4 TAC §§227.1 - 227.8
New §§227.1- 227.8 are adopted under the Natural
Resources Code (the Code) §153.046, which requires the Board to establish
standards for prescribed burning, develop training for prescribed burn managers,
establish standards for certification and recertification of prescribed burn
managers, establish minimum education and professional requirements for instructors
for the approved training curriculum, and establish minimum insurance requirements
for certified prescribed burn managers; the Code §153.048, which authorizes
the Board to set a fee for certification; and, the Government Code, §2001.004,
which requires a state agency to adopt rules stating the nature and requirements
of all available formal and informal procedures.
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 August 16, 2001.
TRD-200104797
Dolores Alvarado Hibbs
Deputy General Counsel, Texas Department of Agriculture
Prescribed Burning Board
Effective date: September 5, 2001
Proposal publication date: July 6, 2001
For further information, please call: (512) 463-4075
4 TAC §§227.10 - 227.16
New §§227.10-227.16 are adopted under the Natural
Resources Code (the Code) §153.046, which requires the Board to establish
standards for prescribed burning, develop training for prescribed burn managers,
establish standards for certification and recertification of prescribed burn
managers, establish minimum education and professional requirements for instructors
for the approved training curriculum, and establish minimum insurance requirements
for certified prescribed burn managers; and, the Government Code, §2001.004,
which requires a state agency to adopt rules stating the nature and requirements
of all available formal and informal procedures.
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 August 16, 2001.
TRD-200104798
Dolores Alvarado Hibbs
Deputy General Counsel, Texas Department of Agriculture
Prescribed Burning Board
Effective date: September 5, 2001
Proposal publication date: July 6, 2001
For further information, please call: (512) 463-4075
4 TAC §§228.1 - 228.4
The Prescribed Burning Board (the Board), a board established
within the Texas Department of Agriculture, adopts new Chapter 228, §228.1
- 228.4, concerning training for certified prescribed burn managers, without
changes to the proposal published in the July 6, 2001, issue of the
The Texas Natural Resources Code, Chapter 153 (Chapter 153), establishes
the Board and provides the Board with the authority to establish a certification
program for prescribed burn managers, including standards, training, educational
and professional requirements for instructors, and minimum insurance requirements.
The new sections are adopted to implement Chapter 153 and to provide clear
training requirements to be used in implementation of the prescribed burn
manager certification program. New §228.1 establishes the nature and
content of training required for certification as a prescribed burn manager.
New §228.2 sets forth the training requirements for certification. New §228.3
provides that training fees must be paid directly to the trainer. New §228.4
provides that training must be approved by the board and that such approval
is valid for only 12 months.
No comments were received on the proposal.
New §§228.1 - 228.4 are adopted under the Natural Resources
Code §153.046, which requires the Board to establish standards for prescribed
burning, develop training for prescribed burn managers, establish standards
for certification and recertification of prescribed burn managers, establish
minimum education and professional requirements for instructors for the approved
training curriculum, and establish minimum insurance requirements for certified
prescribed burn managers; and, the Government Code, §2001.004, which
requires a state agency to adopt rules stating the nature and requirements
of all available formal and informal procedures.
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 August 16, 2001.
TRD-200104799
Dolores Alvarado Hibbs
Deputy General Counsel, Texas Department of Agriculture
Prescribed Burning Board
Effective date: September 5, 2001
Proposal publication date: July 6, 2001
For further information, please call: (512) 463-4075
Chapter 19.
QUARANTINES
Chapter 22.
NURSERY PRODUCTS AND FLORAL ITEMS
Part 13.
PRESCRIBED BURNING BOARD
Chapter 226.
STANDARDS FOR CERTIFIED PRESCRIBED BURN MANAGERS
Chapter 227.
CERTIFICATION, RECERTIFICATION, RENEWAL
Subchapter B. CONTINUING EDUCATION FOR RECERTIFICATION/RENEWAL OF CERTIFICATION
Chapter 228.
TRAINING FOR CERTIFIED PRESCRIBED BURN MANAGERS
Chapter 229.
EDUCATIONAL AND PROFESSIONAL REQUIREMENTS FOR LEAD INSTRUCTORS