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. Cotton Pest Control 
4 TAC sec.6.9 
  The Texas Department of Agriculture (the department) adopts on an emergency 
basis, an amendment to sec.6.9, concerning authorized planting and stalk 
destruction dates. 
 The department is acting on behalf of cotton farmers in Washington County. The 
current cotton destruction deadline for this county is October 20. The cotton 
destruction date will now be extended through November 20 for Washington County 
only. 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 this county. The unusually wet 
weather 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 
Washington County as requested will not result in a significant pest population 
increasing in the zone. 
 The emergency amendment to sec.6.9(a)(5)(B) will extend the date for cotton 
destruction through November 20 of this year in Washington County. 
 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.6.9. Authorized Planting and Stalk Destruction Dates. 
 
  (a) All cotton plants in any of the pest management zones set forth in sec.6.7 
of this title (relating to Pest Management Zones) shall be planted within and 
mechanically destroyed by the authorized planting and stalk destruction dates 
indicated for each zone. Destruction shall be accomplished by the methods 
described as follows. 
 
  (1)-(4) (No change.) 
   
  (5) Zone 5. 
 
  (A) (No change.) 
   
  (B) Cotton destruction date: on or before October 20 <nl>except for Washington 
County which is on or before November 20<ol>. Destruction shall be accomplished 
by shredding and/or plowing out the plants to prevent further growth of any 
cotton plants. 
     
  (6)-(9) (No change.) 
     
  (b)-(c) (No change.) 
 
  Issued in Austin, Texas, on October 20, 1995. 
 TRD-9513551 
  Dolores Alvarado 
 Chief Administrative Law Judge 
 Texas Department of Agriculture 
    Effective date: October 20, 1995 
 Expiration date: November 21, 1995 
 For further information, please call: (512) 463-7583