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) proposes
new §3.117 concerning the creation of a nonstatutory boll weevil eradication
zone The new section is proposed to establish 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
proposes, upon the request of a representation of cotton growers in Austin,
Brazoria, Colorado, Fort Bend, Jackson, Matagorda, Wharton and Waller counties,
the designation of the Upper Coastal Bend Boll Weevil Eradication Zone, in
accordance with the Texas Agriculture Code, §74.1042.
Brian Murray, special assistant for producer relations, has determined
that for the first five-year period the section is in effect there may be
no fiscal implications for state as a result of enforcing or administering
the new section. For the first two years of the program, the costs of administering
the boll weevil eradication program in the new zone will be paid by grower
assessments and federal funds. In the following three years, there may be
state funds available to offset some costs of the program. It is not possible
at this time to determine whether or not those funds will be available, or
what the amount of such funding would be. The date of availability and amount
of funding made available for use by this zone would be set by the Texas Legislature.
There will be no fiscal implications for local government as a result of enforcing
or administering the new section.
Mr. Murray also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the sections will be that cotton growers in the affected area will have a
local, efficient, and responsive eradication program to facilitate boll weevil
eradication in Texas. The anticipated economic cost to microbusinesses, small
businesses and individuals who will be required to comply with the new sections,
as proposed, is not determinable at this time. If the proposed zone is established
and an eradication program and assessment approved by cotton growers in the
zone, cotton growers in the zone will be assessed annually to cover costs
of an eradication program in that zone. The costs to individual growers will
depend on voter approval of an eradication program and assessment, and the
amount of the assessment established for the zone.
Comments on the proposal may be submitted to Brian Murray, Special Assistant
for Producer Relations, P. O. Box 12847, Austin, Texas 78711, and must be
received no later than 30 days from the date of the publication of this proposal
in the
Texas Register
.
The new section is proposed 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.
The code affected by the proposal is the Texas Agriculture Code, Chapter
74, Subchapter D.
§3.117.Upper Coastal Bend Boll Weevil Eradication Zone.
The Upper Coastal Bend Boll Weevil Eradication Zone shall consist of
the following area: all of Austin, Brazoria, Colorado, Fort Bend, Jackson,
Matagorda, and Wharton counties, and that part of Waller County lying south
of State Highway 159 from the Austin County line north and east to Hempstead,
then east on State Highway 6/290 to the Harris County line.
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 July 2, 2001.
TRD-200103772
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 12, 2001
For further information, please call: (512) 463-4075
Subchapter K. EUROPEAN CORN BORER QUARANTINE
4 TAC §19.113
The Texas Department of Agriculture (the department) proposes
amendments to §19.113, concerning the European Corn Borer Quarantine.
The amendments are proposed to clarify restrictions upon movement of quarantined
articles entering the European corn borer-free areas of Texas. The proposal
also provides for exceptions to facilitate the movement of quarantined articles
originating from an approved establishment in a quarantined state that has
a current compliance agreement with the department.
Dr. Awinash Bhatkar, coordinator for plant quality programs, has determined
that for the first five-year period the rule is in effect, there will be no
fiscal implications for state government as a result of enforcing or administering
the amended section. There will be no fiscal implication for local government
as a result of enforcing or administering the amended section.
Dr. Bhatkar also has determined that for each year of the first five years
the amended section is in effect the public benefit anticipated as a result
of enforcing the amended section will be to mitigate the risk of introduction
of European corn borer from the infested areas to the free areas Texas. There
will be no anticipated costs to microbusinesses, small businesses or persons
required to comply with the amended section.
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 than 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 interests of the zone.
The Texas Agriculture Code, Chapter 71 is affected by the proposal.
§19.113.Restrictions.
(a)
(No change)
(b)
Exemptions. The following quarantined articles are exempt
from the restrictions of this subchapter.
(1)
(No change.)
(2)
grain
[
(3)
ornamentals
[
(c)
Exceptions.
(1)
A quarantined article may be shipped into a free area in
Texas if it is accompanied by a certificate issued by an authorized representative
of the origin state's department of agriculture certifying that the article
has met one of the following conditions:
(A)
(No change.)
(B)
grain has
[
(C)
(No change.)
(D)
the quarantined article originated from an approved establishment
:
(i)
in Texas, which has a current compliance agreement
with the department; or
(ii)
which has a current compliance
agreement with the originating state department of agriculture; or
(E)
the greenhouse or the growing area where
ornamentals
[
(2)
(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 June 28, 2001.
TRD-200103713
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 12, 2001
For further information, please call: (512) 463-4075
The Texas Department of Agriculture (the department) proposes the
repeal of §19.151, concerning the quarantined areas for the West Indian
fruit fly, and an amendment to §19.154. The repeal of §19.151 is
proposed because the West Indian fruit fly quarantine and treatment program
successfully reduced infestation levels to the point of eradication of the
fly from the designated quarantined area. This determination was made following
the completion of three consecutive life cycle periods with no detection of
additional flies present in any life stage. The quarantine of the area designated
in §19.151 has been lifted by the United States Department of Agriculture.
The proposed repeal deletes the quarantined area that was established by the
infestation detected by traps during the 2000 growing season. The proposed
amendment to §19.154 amends this section to provide that cost of treatment
under this subchapter may be paid by growers, rather than making payment by
growers mandatory. This amendment is proposed to allow for situations under
which the department may be able to assist growers with costs of treatment.
Ed Gage, coordinator for pest management programs, has determined that
for the first five year period that the repeal and amendment are in effect,
there will be no fiscal impact on state or local government as a result of
enforcing and administering the section.
Mr. Gage has also determined that for the first five years the repeal and
amendment are in effect, the public benefit as a result of administering or
enforcing the repeal and the amendment will be that the commercial citrus
markets in Texas will be allowed to resume normal operations without handling
and treatment restrictions and the department will be able, where appropriate,
to provide some costs of treatment to growers. There are no anticipated costs
to microbusinesses, small businesses or individuals required to comply with
the repeal.
Comments on the proposal may be submitted to Ed Gage, coordinator for pest
management, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas
78711. Comments must be received no later than 30 days from the date of the
publication of the proposal in the
Texas Register
.
4 TAC §19.151
(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 repeal of §19.151 is proposed in accordance
with the Texas Agriculture Code (the Code), §71.002, which authorizes
the department to establish a quarantine if it determines that a dangerous
insect pest not widely distributed in the state exists within an area of the
state; and the Code, §71.007, which authorizes the department to adopt
rules to provide for the destruction of trees or fruits, to provide for the
cleaning or treatment of orchards,
The code that is affected by the proposal is the Texas Agriculture Code,
Chapter 71.
§19.151.Quarantined Areas.
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 July 2, 2001.
TRD-200103780
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 12, 2001
For further information, please call: (512) 463-4075
4 TAC §19.154
The amendment to §19.154 is proposed in accordance with
the Texas Agriculture Code (the Code), §71.002, which authorizes the
department to establish a quarantine if it determines that a dangerous insect
pest not widely distributed in the state exists within an area of the state;
and the Code, §71.007, which authorizes the department to adopt rules
to provide for the destruction of trees or fruits, to provide for the cleaning
or treatment of orchards,
The code that is affected by the proposal is the Texas Agriculture Code,
Chapter 71.
§19.154.Establishment of Quarantined Area; Core Area; Treatment of Infestation; and Destruction of Quarantined Articles.
(a)
(No Change.)
(b)
The owner or orchard manager
may
[
(c) - (g)
(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 July 2, 2001.
TRD-200103781
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 12, 2001
For further information, please call: (512) 463-4075
Chapter 19.
QUARANTINES
quarantined articles
] comprised
of packages less than 10 pounds and free from portion of plants or fragments
capable of harboring the European Corn Borer; and
quarantined articles
]
with divisions without stems of the previous year's growth, rooted cuttings,
seedling plants or cut flowers shipped during the period between November
30th to May 1st.
the quarantined articles have
] been screened through a 1/2 inch or smaller mesh screen, or otherwise
processed prior to loading and
is
[
are
] free from stalks,
cobs, stems or such portions of plants or fragments; or
quarantined articles
] with divisions without stems of the
previous year's growth, rooted cuttings, seedling plants or cut flowers were
produced, were inspected and no European Corn Borer was found.
Subchapter O. WEST INDIAN FRUIT FLY QUARANTINE
shall
] bear all treatment expenses.
Chapter 26.
TEXAS AGRICULTURAL FINANCE AUTHORITY: LINKED DEPOSIT PROGRAM