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 
  
  Imported Fire Ant Quarantine 
 
  4 TAC sec.5.409 
 
  The Texas Department of Agriculture (the department) adopts on an emergency 
basis, new sec.5.409, concerning an emergency fire ant control plan. 
 This plan is being implemented in order for the department to treat isolated 
Red Imported Fire Ant infestations in Archer, Callahan, Clay, Crockett, Hidalgo, 
Reagan, Sutton and Willacy counties. Detections of isolated Red Imported Fire 
Ant infestations in the respective counties indicate that the department should 
treat the infested areas immediately to stop the spread of this pest. Treatments 
will be applied to infested properties only. The department has determined that 
the Red Imported Fire Ant poses an imminent threat to public health, safety and 
the welfare of Texas. As the ground temperature increases, the fire ant will 
become active and begin to spread. If the infestations are not treated 
immediately, there is the likelihood that the Red Imported Fire Ant will spread 
from the isolated infested areas to non-infested areas resulting in increased 
chemical use and quarantining of the counties to control the pest. 
 The emergency rule shall remain in effect for 30 days unless re-established 
following notice and a public hearing. The department will hold a hearing to 
take public comment on whether the rule established shall remain in effect. 
 The new section is adopted on an emergency basis under the Texas Government 
Code, sec.2001.034, which provides the Texas Department of Agriculture with the 
authority to adopt emergency rules if it finds an imminent peril to the public 
health, safety or welfare; Texas Agriculture Code, sec.71.007(7), which provides 
the department with the authority to adopt rules that provide for specific 
treatment of infested or infected plants, plant products and substances; and 
sec.12.002, which provides the Texas Department of Agriculture with the 
authority to encourage the proper development of agriculture, horticulture and 
related industries. 
 
 
  sec.5.409. Emergency Fire Ant Control Plan. 
 
  (a) The department may treat infected plants, plant products, and substances 
to reduce fire ant infestations in certain nonquarantined areas. 
   
  (b) The department has the authority to enter areas in counties determined by 
official surveys to be infested with Red Imported Fire Ants in order to treat 
the infestations. 
   
  (c) The department has determined through official surveys that isolated Red 
Imported Fire Ant infestations exist in the following counties: Archer, 
Callahan, Clay, Crockett, Hidalgo, Reagan, Sutton, and Willacy. 
       
  Issued in Austin, Texas, on April 27, 1995. 
 TRD-9505103 
  Dolores Alvarado Hibbs 
 Chief Administrative Law Judge 
 Texas Department of Agriculture 
    Effective date: April 27, 1995 
 Expiration date: May 27, 1995 
 For further information, please call: (512) 463-7583 
         
             
  TITLE 25. HEALTH SERVICES 
 Part I. Texas Department of Health 
  Chapter 169. Zoonosis Control 
  
  Rabies Control and Eradication 
 
  25 TAC sec.169.34 
 
  The Texas Department of Health is renewing the effectiveness of the emergency 
adoption of new sec.169.34, for a four-day period effective May 13, 1995. The 
text of new sec.169.34 was originally published in the January 24, 1995, issue 
of the  Texas Register (20 TexReg 317). 
 
  Issued in Austin, Texas, on April 25, 1995. 
 TRD-9505047 
  Susan K. Steeg 
 General Counsel 
 Texas Department of Health 
    Effective date: May 13, 1995 
 Expiration date: May 17, 1995 
 For further information, please call: (512) 458-7236