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) adopts an amendment to §20.22 concerning cotton stalk destruction requirements, without changes to the proposed text as published in the February 8, 2002, issue of the Texas Register (27 TexReg 841).

The amendment to §20.22(a) is adopted to remove the established stalk destruction deadline for Cotton Pest Management Zone 9. The amendment is adopted at the request of the Zone 9 Cotton Producer Advisory Committee. Based upon information provided by the advisory committee, boll weevil numbers in Zone 9 have been reduced to levels where they are no longer considered a threat and rainfall patterns throughout this zone are low enough that volunteer cotton is not a problem. In addition, cotton regrowth is controlled by current tillage practices or by cold weather. The amendment is also adopted to provide cotton producers in Zone 9 with greater flexibility in achieving cotton pest control. The amendment deletes the March 15 destruction deadline for Zone 9 from the chart found at §20.22(a) which provides planting dates, destruction deadlines and destruction methods for all pest management zones.

No written or oral comments were received on the proposal.

The amendment is adopted in accordance with Texas Agriculture Code (the 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, the Code, §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.

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 March 15, 2002.

TRD-200201625

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: April 4, 2002

Proposal publication date: February 8, 2002

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