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 5. Quarantines 
  
  4 TAC sec.5.63 
 
  The Texas Department of Agriculture adopts on an emergency basis an amendment 
to sec.5.63. The addition of Merced and Stanislaus counties in the state of 
California is necessary to prevent the shipment of sweet potatoes from these 
counties into the weevil-free areas of Texas. If these counties are not 
immediately quarantined, there is the likelihood of the introduction of the 
sweet potato weevil, an insect pest that is dangerous to the interests of 
horticulture and agriculture in this state. Specifically, the sweet potato 
weevil poses a serious threat to the sweet potato industry in Texas. The sweet 
potato weevil is one of the most devastating, contagious, and persistent pests 
known to the sweet potato industry. 
 The emergency quarantined established under this section shall remain in effect 
for 30 days unless re-established following notice and immediate hearing. The 
department will hold a hearing to determine whether this amendment to the 
regulated areas shall remain in effect. 
 The department has determined that an emergency exists to include these 
regulated areas in California. 
 The amendment is adopted on an emergency basis pursuant to the Texas 
Agriculture Code, Chapter 71, Subchapter A, sec.71.004, which provides the Texas 
Department of Agriculture with the authority to establish an emergency 
quarantine when the department determines that a public emergency exists in 
which there is the likelihood of the introduction or dissemination of an insect 
pest or plant disease that is dangerous to the interests of horticulture and 
agriculture in Texas. Section 71.004(c) also authorizes the department to adopt 
rules as necessary to prevent the introduction or spread of a dangerous pest or 
disease. This amendment is also being proposed under sec.71.001, which 
authorizes the department to establish quarantines against out-of-state pests. 
 
 
  sec.5.63. Regulated Areas. <ol> The regulated areas are as follows: 
 
  (1)-(7) (No change.) 
   
  <nl>(8) California. Merced County and Stanislaus County. 
 
  Issued in Austin, Texas, on June 4, 1993. 
 TRD-9323975 
  Dolores Alvarado-Hibbs 
 Chief Administrative Law Judge 
 Texas Department of Agriculture 
    Effective date: June 7, 1993 
 Expiration date: July 8, 1993 
 For further information, please call: (512) 463-7583