4 TAC §3.111
The Texas Department of Agriculture (the department) adopts
new §3.111, concerning the creation of a nonstatutory boll weevil eradication
zone, without changes to the proposal published in the December 5, 1997,
issue of the
Texas Register
(22 TexReg 11879).
The new section is adopted to establish a new nonstatutory boll weevil
eradication zone consisting of counties now located in a statutory zone
created under the Texas Agriculture Code, Chapter 74, Subchapter D, in order
to allow cotton producers in the proposed area an opportunity to establish
a more manageable, efficient eradication program that better meets the
local needs of producers. New §3.111 establishes the Permian Basin
Boll Weevil Eradication Zone consisting of all of Dawson, Ector, Howard
and Martin counties, and portions
of Borden and Midland counties. A grower referendum will be conducted to
determine whether or not a boll weevil eradication program and assessment
will be approved for that zone.
Comments generally in favor of the proposal were received from a number
of individuals, the St. Lawrence Cotton Growers Association and Plains Cotton
Growers Inc.. In addition to written comment received in support of establishing
the proposed 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 Ackerly, 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 on a more local
level, with more local input and in a more cost-efficient manner. Comments
were received that did not support the new zone for reasons including the
cost of the program, the belief that there is not actual support for the
zone among producers, and belief that any program established would not
have local control, but rather would be under the control of the Texas Boll
Weevil Eradication Foundation. The department understands the concern over
costs of the program, but agrees with other commenters that the cost of a
comprehensive, cost-sharing program is more cost efficient than costs to
individual growers battling the boll weevil on their own. In regards to grower
support, the department believes that enough grower support has been demonstrated
to justify the designation of the zone and providing the opportunity for
growers to express their support by passing or defeating a referendum to
establish a zone program. Finally, while the current law does designate the
Foundation as the entity to implement an eradication program, the law also
does provide for ample grower input as to how a program will be structured
and an assessment rate established in the form of zone advisory committees
and opportunity for public comment, as well as oversight authority by the
Commissioner in the implementation of an eradication program.
In addition to the comments generally supporting the new zone, additional
comments were received on the dire need for a boll weevil eradication program,
stating that any program should be funded by all aspects of the cotton industry
and not just the cotton producer, and in support of the proposed boundaries.
Comments in support of the proposed boundaries stated that the geographic
boundaries are the most workable given the similarities in boll weevil pressures
and cultural practices in counties included.
Other comments received on the zone boundaries were primarily in regard
to the addition of the northern part of Glassock County, an area of about
18,000 acres which is currently a part of the St. Lawrence eradication zone.
The department acknowledges that the area requested to be added to the Permian
Basin zone is contiguious to the new zone and would most likely have more
similarities to the new zone, but believes that the addition of any other
area to the new zone is more appropriately initiated after the effective
establishment of the new zone and passage of a referendum of growers establishing
an eradication program in the new zone.
The new section is 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.
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.
Filed with the Office of the Secretary of State on January
8, 1998.
TRD-9800286
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: January 28, 1998
Proposal publication date: December 5, 1997
For further information, please call: (512) 463-7541