TITLE 4.AGRICULTURE

Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 1. GENERAL PROCEDURES

Subchapter E. ADVISORY COMMITTEES

4 TAC §1.209

The Texas Department of Agriculture (the department) proposes new Chapter 1, Subchapter E, §1.209, concerning the Wine Industry Development Advisory Committee. New §1.209 adds the Wine Industry Development Advisory Committee to the list of the department's advisory committees.

Brian Murray, Special Assistant for Producer Relations, has determined that for the first five years the new section is in effect, there will be no fiscal implications for state or 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 new section is in effect the public benefit anticipated as a result of enforcing the new section will be to provide interested members of the public with accurate information regarding the department's advisory committees. For the first five-year period the new section is in effect, there will be no economic cost for micro-businesses, small businesses or individuals who are required to comply with the section, as proposed.

Comments on the proposal may be submitted to Brian Murray, Special Assistant for Producer Relations, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78749. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register .

New §1.209 is proposed under the Texas Government Code, §2110.005, which requires that an agency that establishes an advisory committee adopt rules to state the purpose and tasks of the committee and manner in which the committee shall report to the agency; §2110.008, which authorizes an agency establishing an advisory committee to designate the duration of a committee; and the Texas Agriculture Code, §50B.002 which authorizes the Commissioner of Agriculture to appoint a Wine Industry Development Advisory Committee.

The codes affected by the proposal are the Texas Government Code, Chapter 2110 and the Texas Agriculture Code, Chapter 50B.

§1.209.Wine Industry Development Advisory Committee.

(a) Purpose. The Wine Industry Development Advisory Committee (Committee) is appointed by the Commissioner of Agriculture (Commissioner) pursuant to the Texas Agriculture Code, §50B.002 and is established within the Texas Department of Agriculture (the department) to assist the Commissioner in developing a long- term vision and marketable identity for the wine industry in the state.

(b) Composition; Duties. The Committee is composed of representatives of the Texas wine industry including winery owners, wine grape growers, persons representing consumers of wine, ex-officio members representing institutions of higher education that have established programs in enology and viticulture, and the department. The Committee shall assist the Commissioner in developing a vision and identity for the Texas wine industry by studying future industry development, funding, research, educational programming, risk management and marketing issues related to wine. In addition, the Committee may advise the Commissioner on the implementation of the Wine Industry Development Fund grant program.

(c) Duration. The Committee shall remain in existence as long as deemed necessary by the Commissioner.

(d) Reporting. Reporting takes place through meetings held by the Committee. Through these meetings, the Commissioner and/or department staff discuss matters related to the committee's business and the Committee provides oral feedback and direction. The Committee is staffed by the department. Department staff prepares and maintains the minutes of each advisory committee meeting. Staff maintains a record of actions taken and distributes copies of approved minutes and other Committee documents to Committee members and the Commissioner.

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 February 24, 2006.

TRD-200601016

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: April 9, 2006

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

Chapter 21. CITRUS

Subchapter A. CITRUS QUARANTINES

4 TAC §21.5, §21.6

The Texas Department of Agriculture (the department) proposes amendments to §21.5 and §21.6, concerning citrus quarantines, to clarify requirements related to citrus quarantines and citrus budwood, and to provide procedures whereby properly tested budwood from any state may be imported into Texas.

The proposed amendment to §21.5 clarifies what plant species are considered quarantined articles. Amendments to §21.6 are proposed to increase clarity and to provide procedures for the importation of properly tested budwood from any state into Texas. Currently such procedures are available only for budwood from California or Florida. These amendments will provide the citrus industry and other citrus growers in Texas a means for obtaining access to a larger citrus budwood selection that is free from pests and diseases.

Dr. Robert L. Crocker, coordinator for integrated pest management, vitrus and biotechnology programs, has determined that for the first five-year period the proposed amendments are in effect, there is no anticipated fiscal impact on state or local governments as a result of administration and enforcement of the sections, as proposed.

Dr. Crocker has also determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of administering and enforcing the amended sections is an adequate supply of pest free citrus budwood for the production of citrus plants. There will be no anticipated cost to growers and retailers required to comply with the proposal.

Comments on the proposal may be submitted to Dr. Robert L. Crocker, Coordinator for Integrated Pest Management, Citrus and Biotechnology 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 the publication of the proposal in the Texas Register .

The amendments to §21.5 and §21.6 are proposed under the Texas Agriculture Code (the Code), §71.009, which provides the department with the authority to adopt rules as necessary for the seizure, treatment, and destruction of plants, plant products, and other substances for the effective enforcement and administration of Chapter 71; and the Code, §73.002 which provides for the state to use all constitutional measures to protect the citrus industry from destruction by pests and diseases.

The code that is affected by the proposal is Texas Agriculture Code, Chapters 71 and 73.

§21.5.Quarantined Articles.

Quarantined articles include the quarantined pests; any part of any citrus tree, including budwood, seed, or seedlings; any [ ornamental ] plants [ closely related to citrus ] in the botanical family Rutaceae, subfamily Aurantioideae (including the genera Aegle, Aeglopsis, Afraegle, Atalantia, Balsamocitrus, Burkillanthus, Citropsis, Citrus, Clausena, Clymenia, Eremocitrus, Feronia, Feroniella, Fortunella, Glycosmis, Hesperethusa, Limnocitrus, Luvunga, Merope, Merrillia, Microcitrus, Micromelum, Monanthocitrus, Murraya, Oxanthera, Pamburus, Paramignya, Pleiospermium, Poncirus, Severinia, Swinglea, Triphasia and Wenzelia) ; and any article carrying or capable of carrying the plant pests or diseases.

§21.6.Restrictions.

(a) - (b) (No change.)

(c) Exceptions.

(1) (No change.)

(2) Budwood of citrus varieties not existing in Texas may be shipped to Texas from any state [ Florida, California, ] or from outside the United States under the following conditions:

(A) before any citrus budwood is allowed to enter Texas, it shall be certified as originating from an area free of citrus blight. It shall also have been tested using methods approved by the department, and such tests shall have produced negative results for citrus tristeza virus, psorosis, viral leprosis, citrus variegated chlorosis, greening, citrus canker, citrus scab and stubborn disease of citrus. Documentation of negative results of tests described in this section shall be included with the shipment; and

(B) budwood shall be assigned to a federal or state agency approved by the department for the purpose of confirmation tests to determine if the budwood is free from all virus and infectious diseases currently known at the time of the confirmation tests before it is released to the buyer. For confirmation tests, budwood shall be grown on rootstock varieties appropriate for the diagnosis of the diseases listed in this section; and

(C) for all budwood shipments, a permit from the Texas Department of Agriculture shall be issued and, together with a copy of the certificate(s) required by subparagraphs (D) and (E) of this section, shall be attached to the shipment; and

(D) before any citrus budwood will be allowed to enter Texas from outside the continental United States, it shall be cleared through the United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection and Quarantine. Such clearance shall be certified to and approved by the department before the entrance of the budwood shipment into Texas; or

(E) in addition to the requirements outlined in subparagraphs (A), (B), and (C) of this paragraph, shipments originating in a state other than Texas [ Florida or California ] shall be accompanied by [ include ] a certificate from the origin state's department of agriculture specifying that the budwood is free of pests and diseases listed in this subchapter. A copy of the certificate shall be sent to and approved by the Texas Department of Agriculture before shipment of the budwood to Texas. However, budwood originating from the California citrus clonal protection program (CCCPP) or the USDA-ARS National Clonal Germplasm Repository for Citrus and Dates (USDA-ARS-NCGR) will be exempt from the requirements in subparagraphs (A) and (B) of this paragraph, but must be accompanied by [ will require ] a certificate from the CCCPP or the USDA-ARS-NCGR specifying that the budwood is free of pests and diseases listed in this subchapter instead of the origin state's certificate.

(3) - (4) (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 February 27, 2006.

TRD-200601021

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: April 9, 2006

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