Texas Register
(22 TexReg 11042) and the correction
of error published in the
Texas Register
on November 21, 1997 (22 TexReg 11193). The new sections are adopted to implement
the Texas Agriculture Code, §74.1042 and Senate Bill 1814, §1.27(d),
and to establish a new nonstatutory boll weevil eradication zone. New §3.110
is adopted with changes. New §§3.100-3.103 are adopted without
changes and will not be republished.
New §3.110 has been changed to clarify the geographic description
of the new zone based on comment received and to correct an error made in
the proposal. New §§3.100-3.103 provide a statement of purpose
and authority, provide for conducting of public hearings, provide requirements
for the establishment of a zone once designated by rule, and provide for
the apportionment of any debt once a statutory zone is divided. New §3.110
establishes the Southern High Plains Boll Weevil Eradication Zone
No comments were received on proposed §§3.100-3.103. Many comments
were received on proposed §3.110, proposing the establishment of the
Southern High Plains Boll Weevil Eradication Zone. Comments generally in
favor of proposed §3.110 were received from a large number of individuals,
Plains Cotton Growers Inc., and the Texas Agricultural Experiment Station.
Generally, the written comment was received on form letters with the vast
majority indicating support for establishing a new boll weevil eradication
zone. Oral comment in support of the proposal was also received at a public
hearing conducted by the department on December 11, 1997, in Seagraves, Texas.
Comments in support of creating the new zone by splitting the larger Southern
High Plains/Caprock zone centered on the need for smaller, more manageable
zones to enable cotton growers to address like cultural practices and boll
weevil pressures in localized areas in order to make the program more fair
to those it affected, if a referendum were passed. Fourteen comments were
received that did not support a new zone for various reasons including the
cost of the program, the belief that there is not actual support for the
zone among producers, and belief that a program would impose an unfair assessment
because of differences in farming dryland versus irrigated cotton. In addition
to the comments generally supporting the new zone, additional comments were
received on the dire need for a boll weevil eradication program, regarding
the way an assessment should be crafted and who should pay it, on who should
run an eradication program, and comments in support of the proposed boundaries.
Comments in support of the proposed boundaries stated that the geographic
boundaries are the most workable given the existing terrain in the zone and
would provide the best natural division and barriers.
Other comments received on the zone boundaries were primarily in regard
to Terry and Lynn counties. An individual comment was submitted that expressed
concerns about dividing Terry and Lynn counties because of lack of natural
barriers and potential confusion on boundary lines. Eight other comments
were received stating a concern about the proximity of cotton along the proposed
zone's borders, requesting the inclusion of all of Terry County and Lynn
County, the adding of southern Cochran County and the adding of Dawson County
to the proposed zone. The department respects these comments, but agrees
with the comments received supporting the proposed boundary lines and no
change has been made to the proposal in that regard. If a program is approved
by referendum vote of producers in the defined areas, other areas could be
added to this zone if a petition is received indicating this interest and
a referendum approved by the growers affected. In the interest of time and
the need to proceed to conduct a grower referendum, the department feels
the boundaries should remain as proposed. Petitioners also submitted language
clarifying the proposed boundaries, which more specifically identified roads
stated in the proposal and more accurately reflects the area covered in the
zone.
The new sections are adopted under the Texas Agriculture Code,
§74.120, which provides the commissioner of agriculture with the authority
to adopt rules to carry out the purposes of Chapter 74; §74.1042, which
provides the commissioner of agriculture with the authority, by rule, to
designate an area of the state as a proposed boll weevil eradication zone;
and Senate Bill 1814, 75th Legislature, 1997, §1.27(d), which provides
the commissioner of agriculture with the authority to by rule divide a statutory
zone and fairly apportion any debt to each portion of the divided zone.
§3.100. Authority and Purpose.
The Texas Agriculture Code, §74.1042 provides the commissioner
of agriculture with the authority, by rule, to designate an area of the state
as a proposed eradication zone as long as the area is not within a statutory
zone that has approved an eradication program by referendum. Senate Bill
1814, 75th R.S. ch. 463, §1.27(d) (SB 1814, §1.27(d)), provides
the commissioner of agriculture with the authority, by rule, to divide a
statutory zone, after solicitation and consideration of public opinion and
to fairly apportion any debt to each portion of a zone divided by rule in
accordance with SB 1814, §1.27(d).
§3.101. Public Hearing.
The commissioner may conduct a public hearing within a proposed nonstatutory
or statutory eradication zone to take public comment on the establishment
of a nonstatutory zone or division of a statutory zone, as appropriate.
§3.102. Zone Activation; Grower Approval.
(a)
Once an eradication zone has been designated by adoption
of a rule under the Texas Agriculture Code, §74.1042, the zone is not
established until approved by a referendum of cotton growers in the new zone
held in accordance with the Texas Agriculture Code, §74.105.
(b)
If the commissioner divides a statutory zone by adoption
of a rule under SB 1814, §1.27, the commissioner may hold a referendum
in the new zone.
(c)
Once an eradication zone has been designated by rule and
established by approval of cotton growers in the zone, as provided in subsections
(a) and (b) of this section, the zone shall operate in accordance with the
provisions of the Texas Agriculture Code, Chapter 74, Subchapter D, and rules
adopted thereunder.
§3.103. Apportioning of Debt.
Once a statutory zone has been divided by rule of the commissioner,
in accordance with SB 1814, §1.27(d), and approved by growers as provided
in §3.102(b) of this title (relating to Zone Activation, Grower Approval),
the commissioner may fairly apportion any debt to each portion of the divided
zone.
§3.110. Southern High Plains Boll Weevil Eradication Zone.
The Southern High Plains Boll Weevil Eradication Zone shall consist
of the following area originally included as a part of the Southern High
Plains/Caprock Eradication Zone described at the Texas Agriculture Code,
§74.1021(e): all of Andrews, Gaines and Yoakum counties; all of Terry
County except for all land north of a line 1.25 miles south of the Hockley
County line from FM 303 east to Highway 385 and all land north and east of
a line with boundaries of County Road 230, County Road 525 also known as
Cemetery Road, and County Road 280 to the Lynn County line; and all of Lynn
County except for all land north and east of a line 5 miles north of Hwy
380 following County Road 18 that extends from the Terry County line east
for 10 miles, then turns south to Hwy 380, and runs east to the intersection
of FM 212 before turning south to the Borden County line.
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 December 19, 1997.
TRD-9717003
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: January 8, 1998
Proposal publication date: November 14, 1997
For further information, please call: (512) 463-7541