TITLE 4. AGRICULTURE
PART 1. TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 3. BOLL WEEVIL ERADICATION PROGRAM
SUBCHAPTER D. REQUIREMENTS FOR PARTICIPATION IN THE ERADICATION PROGRAM AND ADMINISTRATIVE PENALTY ENFORCEMENT
The Texas Department of Agriculture (the department) adopts amendments to §3.72, concerning reporting requirements for participation in the boll weevil eradication program, without changes to the proposal published in the April 26, 2002 issue of the Texas Register (27 TexReg 3417). The amendments are adopted to provide 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 Texas Boll Weevil Eradication 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. More specifically, the amendments are adopted 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 adopted 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 adopted 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.
Comments in favor of the proposal were submitted by the Southern Rolling Plains Cotton Growers Association, Inc. and the Texas Boll Weevil Eradication Foundation.
The amendments to §3.72 are adopted 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.
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 June 17, 2002.
TRD-200203766
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: July 7, 2002
Proposal publication date: April 26, 2002
For further information, please call: (512) 463-4075