4 TAC §20.22
The Texas Department of Agriculture (the department) proposes
amendments to §20.22(a), concerning cotton stalk destruction deadlines.
The amendments are proposed to update the chart that lists pest management
zones and destruction deadlines to make it consistent with recent amendments
to §20.20 which reclassified Pest Management Zone 5 as Zone 3, Area 3,
and established an October 20 destruction deadline for Zone 3, Area 3.
Dr. Robert Crocker, coordinator for pest management and citrus programs,
has determined that for the first five-year period the proposed amendments
are in effect, there will be no anticipated fiscal impact for state and local
governments as a result of administering or enforcing the rule, as amended.
Dr. Crocker also has 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 section will be providing
accurate and consistent information to the regulated public. There is no cost
anticipated to micro-businesses, small businesses or individuals required
to comply with the amendments.
Comments on the proposal may be submitted in writing to Dr. Robert Crocker,
Coordinator for Pest Management and Citrus 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 are proposed in accordance with the 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 §74.004, which provides the department
with the authority to establish regulated areas, dates and appropriate methods
of destruction of stalks, other cotton parts and products of host plants for
cotton pests
The code that is affected by the proposal is Texas Agriculture Code, Chapter
74, Subchapter A.
§20.22.Stalk Destruction Requirements.
(a)
Deadlines and methods. All cotton plants in pest management
zones 1-8 shall be rendered non-hostable by the stalk destruction dates indicated
for the zone. Destruction shall be performed periodically to prevent the presence
of fruiting structures. Destruction of all cotton plants shall be accomplished
in Zone 9 by shredding and in Zone 10 by shredding and plowing. In Zone 9,
destruction shall be performed as necessary to keep cotton non-hostable. In
Zone 10, soil must be tilled to a depth of 6 or more inches and destruction
shall be performed as necessary to prevent regrowth and volunteer cotton.
Figure: 4 TAC §20.22(a)
(b) - (e)
(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 April 28, 2006.
TRD-200602407
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 11, 2006
For further information, please call: (512) 463-4075