4 TAC §3.72
The Texas Department of Agriculture (the department) proposes
amendments to §3.72, concerning reporting requirements for participation
in the boll weevil eradication program. The amendments are proposed to clarify
reporting requirements found at subsections 3.72 (b) and (c) for cotton growers
within an active boll weevil eradication zone. A new subsection (d) is added
and provides that the Texas Boll Weevil Eradication Foundation (Foundation)
may send a written inquiry directly to a grower who has previously failed
to report cotton acreage and location to the Foundation or the Farm Service
Agency or a grower who the Foundation has probable cause to believe has planted
cotton in an active eradication zone without reporting as required by §3.72.
This new subsection is proposed to allow for an alternative, more proactive
method for the Foundation to gather necessary acreage and location information
from certain growers planting cotton in an eradication zone. New subsection
(e) provides that falsely reporting acreage or location of cotton may result
in the assessment of an administrative penalty. This new subsection is proposed
to make cotton growers aware that falsely reporting information may result
in enforcement action being taken against a grower in the same manner as against
a grower failing to report acreage and location.
David R. Gipson, deputy general counsel for enforcement, 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 implication
for local government as a result of enforcing or administering the section,
as amended.
Mr. Gipson also has determined that for each of the first five years the
section, as amended, is in effect the public benefit anticipated as a result
of enforcing the section will be a more equitable and consistent method for
the reporting of cotton location and acreage in active boll weevil eradication
zones. Moreover, the ability of the Foundation to be better informed of where
all cotton is grown within an active eradication zone will result in a more
efficient eradication program which will, in turn, reduce the cost of eradicating
boll weevils as well as reduce the cost of mitigating possible damage from
a reinfestation of boll weevils into areas previously eradicated. There will
be no anticipated costs to microbusinesses, small or large businesses or to
persons required to comply with the amendments.
Comments on the proposal may be submitted to David Gipson, Deputy General
Counsel for Enforcement, 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 to §3.72 are proposed under the Texas Agriculture
Code §74.120, which provides the Texas Department of Agriculture with
the authority to adopt rules as necessary to carry out the purposes of Chapter
74, Subchapter D.
The code affected by this proposal is the Texas Agriculture Code, Chapter
74.
§3.72.Requirements for Program Participation.
(a)
(No change.)
(b)
Participation in the eradication program includes:
(1)
timely reporting to the foundation, as specified in subsection
(c)
or (d)
of this section, of all information regarding all commercial
and noncommercial cotton and of all cotton grown for ornamental, research,
or any other purposes as provided in the Code §74.121;
(2) - (3)
(No change.)
(c)
Reporting deadlines.
(1)
All
acreage planted with
cotton
and the
location of such acreage
in an active eradication zone, regardless of
which zone, must be reported annually
to the foundation
by the
grower [
,
]
no
[
not
] later than the reporting
date established for each county by the Farm Service Agency, as specified
in
[
on
] the [
following
] map
found at paragraph
(3) of this subsection.
[
:
]
[
Figure: 4 TAC §3.72(c)(1)
]
(2)
If there is a conflict between the dates shown in
paragraph (3) of this subsection and the dates established by the Farm Service
Agency, the dates established by the Farm Service Agency shall control, unless
no such dates have been established, in which event the dates shown in paragraph
(3) shall control.
[
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)
The dates by which cotton acreage and
location of such acreagein an active eradication zone must be reported are
as follows:
Figure: 4 TAC §3.72(c)(3)
(4)
The cotton acreage and location
of such acreage required to be reported by paragraph (1) of this subsection
may instead be reported to the Farm Service Agency, rather than the foundation,
provided that the Farm Service Agency office to which the cotton acreage and
location of such acreage is reported is in a county within an active eradication
zone.
(d)
The foundation may send a written
inquiry directly to a grower who has previously failed to report cotton acreage
or location planted within a then-active eradication zone or to a grower who
the foundation has probable cause to believe has planted cotton in an active
zone without reporting the acreage or location of such cotton to either the
foundation or the Farm Service Agency. The written inquiry shall be sent by
certified mail and shall require that the recipient grower certify in writing,
on a form supplied by the foundation, either the number of acres and location
of each tract of cotton the grower has planted within an active eradication
zone for the current growing season or that no acres of cotton are planted
in an active eradication zone for the current growing season. The form must
be returned within 10 days of receipt by the grower. After delivery or refusal
of delivery of the written inquiry, the grower's obligation to report cotton
acreage and location may be satisfied only by return of the certification
required by this subsection. Failure to return the required certification
or refusal of delivery of the written inquiry may result in the assessment
of an administrative penalty, which shall not relieve the grower of the requirement
to submit the certification required by this subsection. The foundation may
send out an additional written inquiry upon refusal of delivery of a previous
written inquiry or if the foundation considers a response to a previous written
inquiry inadequate. Each written inquiry mailed under this subsection may
serve as the basis for a separate violation.
(e)
Falsely reporting the number
of acres or location of cotton under any provision of this section may result
in the assessment of an administrative penalty.
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 12, 2002.
TRD-200202276
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: May 26, 2002
For further information, please call: (512) 463-4075