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 stalk destruction dates for Ellis County, located in pink bollworm pest management Zone 4. The department is acting upon requests from the Ellis County representative on the department's pest management committee for pink bollworm quarantine Zone 4 (Zone 4), the Ellis County extension agent, the Ellis County Agriculture Stabilization and Conservation County Committee (ASCS) Director and on behalf of cotton farmers in Ellis County for an immediate change of the cotton destruction date for Ellis County. The current cotton destruction deadline is January 30, 1995. A request has been made to extend the cotton destruction deadline from January 30, 1995 to March 1, 1995. 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 Ellis County. Unusually wet weather has prevented many cotton producers from destroying cotton stalks by the January 30 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 emergency amendment to sec.5.179(a)(4)(B) will extend the date for cotton destruction through March 1, 1995, in Ellis County. 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)-(3) (No change.) (4) Zone 4. (A) (No change.) (B) Stalk destruction dates: All counties except for Ellis County: on or before November 30; for Ellis County: on or before March 1
    [January 30]. (5)-(6) (No change.) (b)-(c) (No change.) Issued in Austin, Texas, on January 27, 1995. TRD-9501177 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: January 27, 1995 Expiration date: March 28, 1995 For further information, please call: (512) 463-7583 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 3. Oil and Gas Division Conservation Rules and Regulations 16 TAC sec.3.36 The Railroad Commission of Texas extends by 60 days the effective period for an amendment to sec.3.36 adopted on an emergency basis on October 10, 1994. The amendment was published in the October 18, 1994, issue of the Texas Register (19 TexReg 8271). The commission finds that there continues to exist an imminent peril to public safety or welfare as a result of intentional releases of hydrogen sulfide during production, transportation, and handling of hydrocarbon fluids. Intentional releases of hydrogen sulfide are not within the purview of the current rule; therefore, the safety benefits provided by contingency plans are not enjoyed by the public. The emergency amendment expressly brings intentional releases of hydrogen sulfide under the provisions of sec.3.36. The commission finds that it is necessary to extend the effective period of the emergency amendment to avoid a gap in regulation before permanent amendment is adopted. Issued in Austin, Texas, on January 27, 1995. TRD-9501126 Mary Ross McDonald Assistant Director, Legal Division, Gas Utilities/LP Gas Railroad Commission of Texas Effective date: February 7, 1995 Expiration date: April 8, 1995 For further information, please call: (512) 463-7008 TITLE 43. TRANSPORTATION Part I. Texas Department of Transportation Chapter 17. Vehicle Titles and Registration Vehicle Emissions Verification System 43 TAC sec.17.80 The Texas Department of Transportation adopts on an emergency basis an amendment to sec.17.80, concerning vehicle emissions verification system. Section 17.80 is amended by adding subsection (e), allowing temporary suspension of enforcement of the vehicle emission verification system program. The Clean Air Act, Health and Safety Code, Chapter 382, authorizes and directs the Texas Natural Resources Conservation Commission to promulgate, implement and oversee a vehicle emissions inspection and maintenance program to comply with mandates of the federal Clean Air Act; and requires the department to implement a system requiring vehicle emissions inspection certificates when needed to satisfy state and federal air quality standards. The Texas Uniform Act Regulating Traffic on Highways, Texas Civil Statutes, Article 6701d, sec.142, directs the Texas Department of Public Safety to establish a vehicle emissions inspection and maintenance program, when requested by the Texas Natural Resources Conservation Commission, in any county that: does not meet the national ambient air quality standards for ozone, carbon monoxide, or another vehicle-related pollutant, or that would be subject to a program under any provision of federal law, including any provision of the Texas air quality state implementation plan. Texas Civil Statutes, Articles 6675a-2 and 6675a-3, direct the department to require a valid vehicle emissions inspection certificate as a condition for registering or renewing registration of that vehicle in one of those counties; and proof of residence through the County Tax Assessor-Collector prior to registering a vehicle in any other county. State and local officials have identified severe operational problems, public confusion, and hardships in attempts to implement the vehicle emissions inspection programs in those counties to date, and have sought and received approval of the U.S. Environmental Protection Agency to defer implementation for a ninety-day period. In response to this approval, an action is pending in the Texas Legislature to suspend, modify, or otherwise defer implementation of the vehicle emission verification system program. This amendment will allow temporary suspension of sec.17.80. It is necessary to adopt this amendment on an emergency basis to allow for the temporary suspension of the section in order to avoid severe adverse impacts on the safety and welfare of the affected counties and their citizens, and to prevent disruption of the vehicle registration system essential to law enforcement and the protection of citizens. The amendment is adopted on an emergency basis under Texas Civil Statutes, Articles 6666, which provide the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically Texas Civil Statutes, Articles 6675a-2 and 6675a-3, which charge the department with the responsibility of registering vehicles operating upon public roads, streets, and highways of this state; and Health and Safety Code, sec.382.037, which requires the department to implement a system requiring verification that a vehicle complies with vehicle emissions inspection/maintenance program under the Uniform Act Regulating Traffic on Highways, Texas Civil Statutes, Article 6701d, sec.142. sec.17.80. Vehicle Emissions Verification System. (a)-(d) (No change.) (e) The department, by order of the executive director, may temporarily suspend enforcement of this section if requested, directed, or authorized to do so by act of the legislature, by order of the governor. The executive director or his or her designee shall file a notice of the suspension with the Texas Register, notify each county tax assessor-collector, and utilize available news media to inform the general public. Issued in Austin, Texas, on January 26, 1995. TRD-9501094 Diane L. Northam Legal Executive Assistant Texas Department of Transportation Effective date: January 26, 1995 Expiration date: May 26, 1995 For further information, please call: (512) 463-8630