4 TAC §19.181
The Texas Department of Agriculture (the department)
adopts on an emergency basis an amendment to §19.181, concerning
a quarantine for the Formosan subterranean termite,
Coptotermes formosanus Shiraki. The amendment
adds Brazos, Chambers, Comal, Fort Bend, and Nacogdoches counties
to the list of subterranean termite-infested counties in Texas. The
Texas A&M University recently informed the department that the
subterranean termite infestations were detected in these five counties
since publication of the list of the 25 termite-infested counties
in the August 11, 2006, issue of the Texas Register
(31 TexReg 6297). The amended section is adopted on
an emergency basis to slow the spread of this termite into free areas
of Texas.
The department believes that it is necessary to take this immediate
action to reduce spread of the Formosan subterranean termite into
free areas of Texas, and that adoption of this amended section on
an emergency basis is both necessary and appropriate. There is an
imminent peril to homeowners, pecan trees in backyards, and possibly
pecan orchards and other commercial fruit trees. The amended section
does not alter the natural spread of this termite but requires termite-free
movement of the quarantined articles, which may include fumigation
of railroad ties, the primary pathway of the termite spread. Amended §19.181
adds Brazos, Chambers, Comal, Fort Bend, and Nacogdoches counties
to the list of the Formosan subterranean termite-infested counties
in Texas. In addition, one county from the list is repositioned to
correct the alphabetical order. The department may propose adoption
of this rule amendment on a permanent basis in a separate submission.
The amendment is adopted on an emergency basis under
the Texas Agriculture Code (the Code) §71.002, which provides
the department with the authority to quarantine an area if it determines
that a dangerous insect pest or plant disease not widely distributed
in this state exists within an area of the state; the Code, §71.003,
which provides the department with the authority to declare an area
pest-free and quarantine surrounding areas if it determines that an
insect pest or plant disease of general distribution in this state
does not exist in an area; the Code, §71.007, which authorizes
the department to adopt rules as necessary to protect agricultural
and horticultural interests, including rules to provide for a specific
treatment of quarantined articles; and the Texas Government Code, §2001.034,
which provides for the adoption of administrative rules on an emergency
basis, without notice and comment.
§19.181.Quarantined Areas.
The quarantined areas are:
(1) - (9) (No change.)
(10) Texas counties: Anderson, Angelina, Aransas, Bexar,
Brazoria, Brazos, Cameron, Chambers, Collin,
Comal, Colorado, Dallas, Denton, Fort Bend, Galveston,
Gregg, Harris, Henderson, Hidalgo, [Harris,]
Jefferson, Johnson, Liberty, Nacogdoches, Nueces, Orange,
Polk, Rockwall, Smith, Tarrant, and Travis.
This agency hereby certifies that the emergency
adoption 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 June 16, 2009.
TRD-200902444
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective Date: June 16, 2009
Expiration Date: October 13, 2009
For further information, please call: (512) 463-4075