Emergency Sections 
 An agency may adopt a new or amended section or repeal an existing section on 
an emergency basis if it determines that such action is necessary for the public 
health, safety, or welfare of this state. The section may become effective 
immediately upon filing with the Texas Register, or on a stated date less than 
20 days after filing, for no more than 120 days. The emergency action is 
renewable once for no more than 60 days. 
 Symbology in amended emergency sections. New language added to an existing 
section is indicated by the use of bold text. [Brackets] indicate deletion of 
existing material within a section. 
 
   
  TITLE 4. AGRICULTURE 
 Part I. Texas Department of Agriculture 
  Chapter 6. Boll Weevil Control 
  
  4 TAC sec.6.4 
 
  The Texas Department of Agriculture (the department) adopts on an emergency 
basis, an amendment to sec.6.4, concerning the authorized planting dates for the 
Upper Coastal Bend pest management zone. 
 The department is acting upon requests from county officials, the pest 
management committee of the Upper Coastal Bend Zone, and on behalf of cotton 
farmers in Jackson, Matagorda, Brazoria, Fort Bend, Austin, and Wharton counties 
for an immediate change of the planting dates. The current planting period 
begins on March 5 and ends on May 15 for those counties in Areas 1 and 2, which 
include the referenced counties. The committee members have requested that the 
planting dates be extended to May 31. The department believes that changing of 
the planting dates as requested is both necessary and appropriate. 
 Adverse weather conditions have created a situation compelling an immediate 
extension of the planting deadlines for cotton in Areas 1 and 2 of the Upper 
Coastal Bend pest management zone. The continuation of unusually wet weather 
since the beginning of the planting period has prevented many cotton producers 
from planting prior to the May 15 deadline. A failure to act to extend the 
planting deadline could create a significant loss to Texas cotton producers and 
the state's economy. 
 The department believes that extending the planting deadline in Areas 1 and 2 
of the Upper Coastal Bend pest management zone will not result in significant 
pest population increasing in the zone. 
 The emergency amendment to sec.6.4(a)(4)(A)(i) and (B)(i) will extend the date 
for planting to May 31 of this year in the Upper Coastal Bend pest management 
zone. 
 The amendment is adopted on an emergency basis under the Texas Agriculture 
Code, sec.74.006, which provides the Texas Department of Agriculture with the 
authority to adopt rules as necessary for the effective enforcement and 
administration of Chapter 74; and sec.74.004, which provides the department with 
the authority to consider a request for a planting extension due to adverse 
weather conditions, and Texas Civil Statutes, Article 6252-13(a)(5), which 
provide for the adoption of administrative rules on an emergency basis, without 
notice and comment. 
 
 
  sec.6.4. Authorized Planting and Cotton Destruction Dates. 
 
  (a) Except as provided in subsection (c) of this section, all cotton in the 
regulated areas of the boll weevil pest management zones must be destroyed by 
the following cotton destruction deadlines. 
 
  (1)-(3) (No change.) 
   
  (4) Upper Coastal Bend Pest management zone. 
 
  (A) Area (1): 
 
  (i) planting dates: March 5-May <nl>31<ol> [15]; 
   
  (ii) (No change.) 
     
  (B) Area (2): 
 
  (i) planting dates March 5-May<nl>31<ol> [15]; 
   
  (ii>> (No change.) 
         
  (b)-(d) (No change.) 
 
  Issued in Austin, Texas, on May 13, 1993. 
 TRD-9322952 
  Dolores Alvarado Hibbs 
 Chief Administrative Law Judge 
 Texas Department of Agriculture 
    Effective date: May 14, 1993 
 Expiration date: May 30, 1993 
 For further information, please call: (512) 463-7583