TITLE 4.AGRICULTURE

Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 3. BOLL WEEVIL ERADICATION PROGRAM

Subchapter G. TRANSFER OR ADDITION OF AREAS FROM ONE ERADICATION ZONE TO ANOTHER ZONE

4 TAC §3.306

The Texas Department of Agriculture (the department) adopts new §3.306, concerning the modification of boll weevil eradication zones, without changes to the proposed text as published in the June 16, 2006, issue of the Texas Register (31 TexReg 4822).

The new section is adopted to add Menard County to the statutorily designated Southern Rolling Plains Boll Weevil Eradication Zone described in the Texas Agriculture Code, §74.1021(f). The new section is adopted in order to allow cotton producers in the area an opportunity to establish a manageable, efficient eradication program that meets the local needs of producers. New §3.306 adds Menard County to the Southern Rolling Plains Eradication Zone that consists of Coke, Coleman, Concho, Irion, McCulloch, Runnels, Schleicher, Tom Green, and a portion of Taylor County.

No comments were received on the proposal.

The new section is adopted under the Texas Agriculture Code, §74.120, which provides the commissioner of agriculture with the authority to adopt rules to carry out the purposes of Chapter 74; and §74.108(b), which provides the commissioner of agriculture with the authority to, by rule, add an area to a boll weevil eradication zone or transfer an area or county from one statutory zone to another.

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 July 18, 2006.

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: August 7, 2006

Proposal publication date: June 16, 2006

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

Chapter 10. SEED CERTIFICATION STANDARDS

Subchapter I. NATIVE PLANT MATERIALS

4 TAC §10.31

The Texas Department of Agriculture (the department) and the State Seed and Plant Board (the Board) adopt new §10.31, concerning Native Plant Materials, without changes to the proposed text published in the June 16, 2006, issue of the Texas Register (31 TexReg 4822). The department is the certifying agency in the administration of the Seed and Plant Certification Act, and is charged with administering and enforcing the standards adopted by the Board. The new section is adopted to provide the eligibility requirements for species of native forbs, grasses and shrubs, including a designation of the classes of seed, field standards for inspection, seed testing standards, label requirements, and application requirements and fees for field inspection. The new standards cover seed, seedlings, or other propagating materials of native species, selections, clones, or intraspecific hybrids, which have not been released as a variety. The new section will also serve to enhance the supply of Texas native plant materials available to consumers and eligible for participation in remediation programs.

No comments were received regarding adoption of the new section.

New §10.31 is adopted under the Texas Agriculture Code, §62.002, which provides the State Seed and Plant Board with the authority to establish standards of genetic purity and identity as necessary for the efficient enforcement of agricultural interest and the Texas Agriculture Code §12.016, which provides the department with the authority to adopt rules for administration of the code.

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 July 20, 2006.

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: August 9, 2006

Proposal publication date: June 16, 2006

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