4 TAC §19.181
The Texas Department of Agriculture (the department)
proposes an amendment to §19.181 concerning a quarantine for
the Formosan subterranean termite, Coptotermes
formosanus Shiraki. The amendment is made to add 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. The amended
section was adopted on an emergency basis on June 16, 2009, as published
in the July 3, 2009, issue of the Texas Register
(34 TexReg 4389). The department believes that restriction
on the movement of quarantined articles from these five counties would
delay the spread of this termite into free areas of Texas. The department
further believes that it is necessary to take this action to reduce
spread of the Formosan subterranean termite into free areas of Texas.
The amendment to §19.181 adds Brazos, Chambers, Comal, Fort
Bend, and Nacogdoches counties to the list of the Formosan subterranean
termite-infested counties in Texas.
Dr. Shashank Nilakhe, State Entomologist, has determined that for
the first five-year period the amendment is in effect, there will
be no fiscal implication for state or local government as a result
of enforcing or administering the amended section, as proposed.
Dr. Nilakhe has also determined that for each of the first five
years the proposed amendment is in effect, the public benefit anticipated
as a result of enforcing the amended section will be reduction in
the spread of this termite due to manmade activities. There will be
a treatment cost to small and/or micro-businesses that move quarantined
articles from the amended quarantined counties to free areas. The
quarantined articles are primarily railroad cross ties sold by some
nurseries. In order to comply with the amended section, businesses
located in the amended counties may be required to treat quarantined
articles by fumigation. The primary pesticide available for use in
treatment for this pest is methyl bromide. The average cost of fumigation,
the only method of treatment currently approved by the department,
using methyl bromide is $1,000 per 178 cubic yard, which would cover
about 1,333 railroad cross ties, assuming a standard cross tie of
6 inches by 8 inches, by 8 feet. Other than treatment by fumigation,
there are no other effective methods available for treatment for this
pest. The actual cost of treatment will depend on the volume of quarantined
articles moved from infested counties to non-infested counties. Consequently,
the specific cost to the impacted businesses cannot be determined
at this time.
Comments on the proposal may be submitted to Dr. Shashank Nilakhe,
State Entomologist, Texas Department of Agriculture, P.O. Box 12847,
Austin, Texas 78711. Comments must be received no later than 30 days
from the date of publication of the proposal in the Texas Register.
The amendment to §19.181 is proposed 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; and 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.
The Code affected by the proposal is the Texas Agriculture Code,
Chapter 71.
§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 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 20, 2009.
TRD-200902956
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 30, 2009
For further information, please call: (512) 463-4075