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 6. Boll Weevil Control 4 TAC sec.6.4 The Department of Agriculture (the department) adopts on an emergency basis, an amendment to sec.6.4, concerning the authorized cotton destruction date for the Lower Coastal Bend pest management zone. The department is acting on a request from the Lower Coastal Bend Pest Management Zone Advisory Committee on behalf of cotton farmers in Aransas, Kleberg, Nueces, San Patricio and south and east of Highway 59 in Bee and Live Oak counties. The current cotton destruction deadline for Aransas, Kleberg, Nueces, San Patricio and south and east of Highway 59 in Bee and Live Oak counties is September 10. A prior emergency amendment extended the deadline until September 25. The cotton destruction date for these counties will now be extended through October 1. The department believes that changing the cotton destruction date is both necessary and appropriate. Adverse weather conditions have created a situation compelling an immediate extension of the cotton destruction date for Aransas, Kleberg, Nueces, San Patricio and south and east of Highway 59 in Bee and Live Oak counties. The unusually wet weather prior to the cotton destruction period has prevented many cotton producers from cotton destruction by the September 10 initial deadline and the September 25 extended 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 Aransas, Kleberg, Nueces, San Patricio and south and east of Highway 59 in Bee and Live Oak counties as requested will not result in significant pest population increasing in these counties. The emergency amendment to sec.6.4(a)(2)(A) will extend the date for cotton destruction through October 1 of this year in Aransas, Kleberg, Nueces, San Patricio and south and east of Highway 59 in Bee and Live Oak counties. The amendment is adopted on an emergency basis under 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 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) (No change.) (2) Lower Coastal Bend and South Texas pest management zone. (A) Area (1): (i) (No change.) (ii) cotton destruction date: on or before September 10 for Duval, Jim Wells, and Webb counties and on or before October 1 for Aransas, Kleberg, Nueces, San Patricio and south and east of Highway 59 in Bee and Live Oak counties
    . (B) (No change.) (3) (No change.) (b)-(d) (No change.) Issued in Austin, Texas, on September 25, 1995. TRD-9512249 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: September 25, 1995 Expiration date: October 5, 1995 For further information, please call: (512) 463-7583