Part 1. TEXAS DEPARTMENT OF AGRICULTURE
Subchapter E. REGULATED HERBICIDES
The Texas Department of Agriculture (the department) adopts amendments to §7.52 concerning counties regulated, and §7.53 concerning county special provisions for the use of regulated herbicides, without changes to the proposal published in the April 27, 2007, issue of the Texas Register (32 TexReg 2343). The amendments are adopted to make changes to the regulations necessitated by orders entered by the county commissioner courts of counties subject to the regulations.
The amendment to §7.52 delete Bexar county from the list of counties regulated. The amendments to § 7.53 make changes to the county special provisions by changing county special provisions for Hall County and Jackson County.
No comments were received on the proposal.
The amendments to §7.52 and §7.53 are adopted under the Texas Agriculture Code (the Code) §76.144, which provides that the Texas Department of Agriculture with the authority to adopt rules concerning the use of regulated herbicides in a county in which the commissioners court has entered an order in accordance with the Texas Agriculture Code §76.144(a).
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 2, 2007.
TRD-200702790
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: July 22, 2007
Proposal publication date: April 27, 2007
For further information, please call: (512) 463-4075
The Texas Department of Agriculture (the department) adopts amendments to §20.1 concerning definitions and to §20.20 and §20.22 concerning stalk destruction requirements and deadlines, without changes to the proposed text, as published in the May 18, 2007, issue of the Texas Register (32 TexReg 2741). Amendments are adopted to define one term, update definitions of certain terms, divide pest management zone 7 into two areas, and modify the earliest planting dates and dates when cotton may be hostable in pest management zones.
Amendments to §20.1 are adopted to add the term "new crop" and to correct a typographical error. This section is amended to make it consistent with changes adopted in §20.22 and to strengthen enforcement of the program by assuring clear terminology.
Amendments to §20.20 are adopted in response to a request from the Cotton Producer Advisory Committee in Pest Management Zone 7. The adopted change divides Pest Management Zone 7 into two areas with separate deadlines. This section is amended to ensure sufficient time for producers in all parts of Zone 7 to harvest and destroy their cotton. This reduces the need for producers in the northern part of Zone 7 to request extensions of the stalk destruction deadline under normal circumstances, while allowing producers in the southern part of Zone 7 to enforce a stalk destruction deadline appropriate for their area.
The amendments to §20.22 are adopted in response to requests from the Cotton Producer Advisory Committees of Pest Management zones 1, 2 and 9. The adopted amendments promote suppression of boll weevil populations by separating the end of the enforcement period for cotton stalk destruction from the earliest planting date. This allows enforcement to continue in a zone until near the time when current year cotton planted on or after the earliest planting date becomes hostable. The stalk destruction chart at §20.22(a) adds a column for earliest plant date and a column for end date of destruction requirements.
No comments were received on the proposal.
Subchapter A. GENERAL PROVISIONS
The amendments to §20.1 are adopted 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; 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 cotton 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 June 29, 2007.
TRD-200702783
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: July 19, 2007
Proposal publication date: May 18, 2007
For further information, please call: (512) 463-4075
The amendments to §20.20 and §20.22 are adopted 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; 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 cotton 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 June 29, 2007.
TRD-200702784
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: July 19, 2007
Proposal publication date: May 18, 2007
For further information, please call: (512) 463-4075