EMERGENCY RULESAn 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 Karnal Bunt Quarantine 4 TAC sec.sec.5.500-5.506 The Texas Department of Agriculture (the department) adopts on an emergency basis new sec.sec.5.500-5.506, concerning a quarantine for Karnal bunt. The department adopts these sections as an emergency measure because it finds that the potential movement of Karnal bunt presents a significant threat to Texas agriculture. While the United States Department of Agriculture has taken emergency measures to stop the interstate movement of quarantined articles, the department recognizes that grain movement and marketing within Texas is occurring on a daily basis. Therefore, to ensure that infested grain is not distributed within Texas, the department finds it necessary to implement these sections effective immediately. On March 8, 1996, the United States Department of Agriculture advised the department that the wheat disease Karnal bunt had been detected in certain varieties of durum wheat seed shipped into Texas. Karnal bunt, or partial bunt, is a fungal disease of wheat, durum wheat, and triticale (a hybrid of wheat and rye). The damage is twofold: infected plants produce less grain, and the quality of the grain itself is lessened. Consequently, Texas producers are placed at risk in their ability to produce and sell their wheat crops. Additionally, as a quality matter, wheat with more than 3 percent bunted kernels is considered unsatisfactory for human consumption. On April 23, 1996, the department published a notice of establishment of an emergency quarantine on Karnal bunt in accordance with the Texas Agriculture Code, sec.71.004. A public hearing was held May 20, 1996 in El Paso, Texas to determine whether the quarantine should be continued past the 30-day period allowed by sec.71.004. The department has determined that the quarantined areas are warranted at this time to prevent the spread of the Karnal bunt to other areas of the state. In order to continue to protect Texas wheat production areas from Karnal bunt, the department finds it necessary to impose this quarantine on an emergency basis. The department's failure to act could result in a significant loss to the state's wheat production industry. The new sections provide definitions of the quarantined pest and quarantined articles, designate free areas, provide restrictions on movement of quarantined articles, provide for inspection and disposal of items that may be or are contaminated with the quarantined pest and provide for penalties for violation of the sections. The new sections are adopted on an emergency basis under the Texas Agriculture Code (the Code), sec.71.003, which provides the Texas Department of Agriculture with the authority to establish quarantines in areas surrounding pest free zones, the Code, sec.71.007, which provides the Texas Department of Agriculture with the authority to adopt rules necessary for the protection of agricultural and horticultural interests; and the Texas Government Code, sec.2001.034, which provides for the adoption of administrative rules on an emergency basis, without notice and comment. sec.5.500.Quarantined Pest. The quarantined pest is Karnal bunt, Tilletia indica
    , (Mitra). sec.5.501.Quarantined Areas. The quarantined areas within Texas are El Paso and Hudspeth counties. sec.5.502.Free Areas. The free areas are those areas in Texas not designated as quarantined in sec.5.501 of this title (relating to Quarantined Areas). sec.5.503.Quarantined Articles. Quarantined articles are as follows: (1) plants, or any plant part, including grain, seed, or straw of the following species: wheat, Triticum aestivum
      ; triticale, Triticum aestivum X Seale cereals
        ; Durum wheat, Triticum durum
          ; (2) soil; (3) elevators and grain storage buildings; (4) farm implements and equipment used for land preparation, planting, harvesting, chemical application, and processing wheat, triticale, or durum wheat; and (5) any other products, articles, or means of conveyance of any character whatsoever, when it is determined by an inspector that they present a hazard of spread of Karnal bunt. sec.5.504.Restrictions. (a) General. Quarantined articles shall not be moved from a quarantined area into a free area except as provided in subsection (c) of this section. (b) Specific. Quarantined articles shall not be moved from the following areas unless the effected landowner/operator has signed a compliance agreement with the department or the United States Department of Agriculture. Figure: 4 TAC sec.5.504(b) (c) Exceptions. Quarantined articles may move into a free area in Texas under the following conditions: (1) grain shall be officially sampled at the county of origin and tested by an laboratory approved by the department and found to be free from Karnal bunt. The procedure shall follow all accepted phytosanitary certification standards, and shall occur prior to movement; or (2) equipment has been properly sanitized using approved treatments established by the United States Department of Agriculture; or (3) quarantined articles have been treated to eliminate infestation; or (4) the department has determined that such movement will not result in the spread or increased infestation of Karnal bunt; and, (5) shipments meeting the requirements of this subsection must also be accompanied by a phytosanitary certificate or permit. sec.5.505.Inspection and Disposal. The department may: (1) inspect any plants, plant products, or other items that may be contaminated with quarantined pests; (2) stop and inspect, without warrant, any means of conveyance containing plants, plant products or other items that may be contaminated with the quarantined pest; (3) detain and order the destruction or return to the point of origin any item found to be contaminated with the quarantined pest; and (4) treat or cause to be treated, destroy, or otherwise dispose of articles found to be moving in violation of this quarantine. sec.5.506.Violations and Penalties. Any person who violates the provisions of this quarantine shall be subject to civil penalties. In addition, the department may assess administrative penalties against any person for a violation of these rules. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 10, 1996. TRD-9608183 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: June 10, 1996 Expiration date: October 9, 1996 For further information, please call: (512) 463-7583 TITLE 19. EDUCATION PART I. Texas Higher Education Coordinating Board CHAPTER 21.Student Services SUBCHAPTER A.General Provisions 19 TAC sec.21.5 The Texas Higher Education Coordinating Board adopts on an emergency basis an amendment to Chapter 21, Subchapter A, sec.21.5. The rule amendment was proposed in January and filed with the Texas Register to be published in the February 27 issue of the Texas Register. However, the amendment was not published in that issue as scheduled which creates the need to adopt it now on an emergency basis. The rule is to be adopted on an emergency basis pursuant to sec.2001.034 of the Texas Government Code, which allows a state agency to adopt an emergency rule if a requirement of state or federal law requires adoption of the rule on less than 30 days' notice. The reason for the emergency adoption is that the schools have published the rules for use for the fall quarter and have already re-programmed their computer systems to follow the new rules. The rules need to be in effect immediately before the students start registering for Fall. The amendment is adopted on an emergency basis under Texas Education Code, sec.54.212 and sec.130.008, which provides the Texas Higher Education Coordinating Board with the authority to adopt rules concerning General Provisions (Refund of Tuition and Fees at Public Community/Junior and Technical Colleges). sec.21.5. Refund of Tuition and Fees at Public Community/Junior and Technical Colleges. (a) A community/junior or technical college, as soon as practicable, shall refund mandatory
            [the appropriate amount of] fees and tuition [in excess of the minimum tuition] collected for courses from which the students drop or withdraw, according to the following schedule. For courses which meet on what the college considers a regular schedule, class days refer to the number of calendar days the institution normally meets for classes, not the days a particular course meets. For courses which meet on an unusual or irregular schedule, the college may exercise professional judgement in defining a class day. The indicated percentages are to be applied to the tuition and mandatory fees collected for each course from which the student is withdrawing
              [by the official census date of the term]. The college may not delay a refund on the grounds that the student may withdraw from the institution or unit later in the semester or term. The institution may assess a nonrefundable $15 matriculation fee if the student withdraws from the institution before the first day of classes. (1)
                Coordinating Board approved semester-length courses for which semester credit hours are awarded:
                  (A)
                    A 100 % refund is to be made for courses dropped prior to the first class day.
                      (B)
                        During the fall or spring semester or comparable trimester:
                          (i)
                            during the first 15 class days , 70 %
                              (ii)
                                during the 16th through 20th class days, 25 %
                                  (iii)
                                    after the 20th class day, none; and
                                      (C)
                                        Six-week summer semester:
                                          (i)
                                            during the first five class days, 70 %
                                              (ii)
                                                during the sixth and seventh class days, 25 %
                                                  (iii)
                                                    after the seventh class day, none.
                                                      (2)
                                                        For flex entry and non-semester-length courses with a census date other than the 12th class day (4th class day for a six-week summer semester):
                                                          (A)
                                                            prior to the first class day, 100 %
                                                              (B)
                                                                after classes begin, see table:
                                                                  Figure: 19 TAC sec.21.5(a)(2)(B) [(b) A community/junior or technical college shall refund to a student withdrawing from the institution an amount equal to the product of the amount of tuition and mandatory fees collected for each course in which the student is enrolled on the date the student withdraws multiplied by the applicable percentage derived from the following tables:] [(1) if the student withdraws during a regular fall or spring semester or comparable trimester:] [(A) prior to the first class day - 100 %] [(B) during the first five class days - 80 %] [(C) during the second five class days - 70 %] [(D) during the third five class days - 60 %] [(E) during the fourth five class days - 50 %] [(F) after the fourth five class days - none; and] [(2) if the student withdraws during a 6-, 9-, or 12-week summer term or in an other-than-semester-length term:] [(A) prior to first class meeting - 100 %] [(B) during first 10 % of the course - 80 %] [(C) during the second 10 % of the course - 60 %] [(D) after 20 % of course is complete - None.] (b)
                                                                    A community/junior or technical college must follow the applicable refund policy outlined in subsection (a)(1) and (2) of this section for courses associated with any program which is approved for Title IV federal funding. The institution may determine a refund policy for any other program. (c)-(e) (No change.) This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 10, 1996. TRD-9608381 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: June 12, 1996 Expiration date: October 11, 1996 For further information, please call: (512) 483-6160