EMERGENCY RULES 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 and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional 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 Pink Bollworm Quarantine 4 TAC sec.5.179 The Texas Department of Agriculture (the department) adopts on an emergency basis, an amendment to sec.5.179, concerning authorized planting and stalk destruction dates for the Zone 2 pest management zone. The department is acting upon requests from the pest management committee members, county extension agents, and ASCS personnel within pink bollworm quarantine Zone 2 (Zone 2), and on behalf of cotton farmers in Chambers, Colorado, Fayette, Galveston, Gonzales, Harris, Jefferson, Lavaca, Liberty, Orange, Waller, and Washington counties for an immediate change of the cotton destruction date in those counties. The current cotton destruction deadline is October 20. The committee members have requested that the cotton destruction date be extended through November 20. The department believes that changing the cotton destruction date as requested is both necessary and appropriate. Adverse weather conditions have created a situation compelling an immediate extension of the cotton destruction date for certain counties in the Zone 2. The unusually wet weather since the beginning of the cotton destruction period has prevented many cotton producers from cotton destruction by the October 20 deadline. A failure to act to extend the cotton destruction deadline could create a significant loss to Texas cotton producers and the state's economy. The department believes that extending the cotton destruction deadline in the counties in the Zone 2 designated above as requested will not result in significant pest population increasing in the zone. The emergency amendment to sec.5.179(a)(2)(B) will extend the date for cotton destruction through November 20 of this year in Chambers, Colorado, Fayette, Galveston, Gonzales, Harris, Jefferson, Lavaca, Liberty, Orange, Waller, and Washington counties. The amendment is adopted on an emergency basis under the Texas Agriculture Code, sec.74.054, which provides the Texas Department of Agriculture with the authority to adopt rules as necessary for the control and eradication of the pink bollworm; sec.74.057, which authorizes the department to establish regulated areas, dates and appropriate methods of destruction of host plants and host plant products for pink bollworm control; and the Government Code, sec.2001.34, which provides for the adoption of administrative rules on an emergency basis, without notice and comment. sec.5.179. Authorized Planting and Stalk Destruction Dates. (a) All cotton plants in any of the quarantine zones set forth in sec.5.178 of this title (relating to Quarantine Zones) must be mechanically destroyed by the authorized planting and stalk destruction deadlines indicated for each zone. This must be accomplished by shredding or plowing out the plants in such a way as to absolutely prevent further growth and to the point where there are no standing cotton stalks or regrowth. (1) (No change.) (2) Zone 2. (A) (No change.) (B) Stalk destruction date: on or before November 20
    [October 20]. (3)-(6) (No change.) (b)-(c) (No change.) Issued in Austin, Texas, on October 21, 1994. TRD-9449869 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: October 21, 1994 Expiration date: December 5, 1994 For further information, please call: (512) 463-7583 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 cotton destruction date for the Upper Coastal Bend pest management zone. The department is acting upon requests from the pest management committee of the Upper Coastal Bend Zone, and on behalf of cotton farmers in Austin, Brazoria and Fort Bend counties and that portion of Wharton County east of the Colorado River for an immediate change of the cotton destruction date in those counties. The current cotton destruction deadline is October 15. The committee members have requested that the cotton destruction date be extended through November 21. The department believes that changing the cotton destruction date as requested is both necessary and appropriate. Adverse weather conditions have created a situation compelling an immediate extension of the cotton destruction date for certain counties in the Upper Coastal Bend Zone. The unusually wet weather prior to the cotton destruction period has prevented many cotton producers from cotton destruction by the October 15 deadline. A failure to act to extend the cotton destruction deadline could create a significant loss to Texas cotton producers and the state's economy. The department believes that extending the cotton destruction deadline in the counties in the Upper Coastal Bend Zone designated above as requested will not result in significant pest population increasing in the zone. The emergency amendment to sec.6.4(a)(3)(B)(ii) will extend the date for cotton destruction through November 21 of this year in Austin, Brazoria and Fort Bend counties and that portion of Wharton County east of the Colorado River. 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, Subchapter A; and sec.74.004, which provides the department with the authority, on request of a pest management zone's administrative committee, to establish regulated areas, dates and appropriate methods of destruction of stalks, other parts, and products of host plants for boll weevil and provides the department with the authority to consider a request for a cotton destruction extension due to adverse weather conditions; and the Government Code, sec.2001.34, which provides for the adoption of administrative rules on an emergency basis, without notice and comment. sec.6.4. Authorized Planting Dates, Cotton Destruction Dates, and Prescribed Methods of Destruction. (a) Except as provided in subsection (c) of this section, all cotton in the pest management zones must be planted and/or mechanically destroyed by the following authorized dates. Destruction must be accomplished by shredding and plowing out the plants to prevent further growth and to prohibit any cotton plants from remaining after the following cotton destruction dates. (1)-(2) (No change.) (3) Upper Coastal Bend pest management zone. (A) (No change.) (B) Area (2): (i) (No change.) (ii) cotton destruction date: on or before November 21
      [October 15]. (b)-(d) (No change.) Issued in Austin, Texas, on October 21, 1994. TRD-9449870 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: October 21, 1994 Expiration date: December 5, 1994 For further information, please call: (512) 463-7583