PART 1. TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 20. COTTON PEST CONTROL
SUBCHAPTER C. STALK DESTRUCTION PROGRAM
The Texas Department of Agriculture (the department) proposes an amendment to §20.22, concerning stalk destruction deadlines. The amendment is proposed to modify the destruction deadline date for Pest Management Zone 2, Area 3. The proposed amendment changes the destruction deadline date from September 1 to September 15. The amendment to §20.22 is proposed in response to a request from the Cotton Producer Advisory Committee of Pest Management Zone 2. The proposed amendment promotes suppression of boll weevil populations by reflecting needs of cotton producers in that area.
Dr. Robert Crocker, coordinator for pest management and citrus, has determined that for the first five-year period the proposed amendment is in effect, there will be no anticipated fiscal impact for state and local governments as a result of administering or enforcing the amended rule, as proposed.
Dr. Crocker also has determined that for each year of the first five years the proposed amendment is in effect, the public benefit anticipated as a result of administering and enforcing the section will be increased regulatory efficiency and increased suppression of overwintering populations of boll weevils and pink bollworms in Pest Management Zone 3. No cost is anticipated for micro-businesses, small businesses or individuals required to comply with the amendments.
The amendment to §20.22 is 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; 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.
The code affected by the proposal is the Texas Agriculture Code, Chapter 74.
§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.
(b) - (f) (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 July 10, 2008.
TRD-200803539
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 24, 2008
For further information, please call: (512) 463-4075