Part I.
Texas Department of Agriculture
Chapter 7.
Pesticides
Subchapter E. Regulated Herbicides
4 TAC §7.53
The Texas Department of Agriculture (the department) adopts
an amendment to §7.53, concerning special county provisions for the use
of regulated herbicides, without changes to the proposal published in the
November 27, 1998, issue of the
Texas Register
(23 TexReg 11881) and will not be republished.
The amendment is adopted at the request of the Brazoria County Commissioner's
Court on behalf of agricultural producers in Brazoria County to allow for
the use of certain regulated herbicides year round. The amendment allows for
all formulations of 2,4-D, to be applied aerially throughout the year in that
portion of Brazoria County located east of the Brazos River. The amendment
is adopted to provide for more economical, efficient and effective methods
of perennial brush control in Brazoria County.
Comments in favor of the proposal were received from agricultural producers
in Brazoria County at a public hearing conducted by the Department on December
1, 1998, in Angleton, Texas. This hearing was held in accordance with 4 Texas
Administrative Code §7.53(e)(5). The comments received generally stated
that the proposed change would offer agricultural producers a more economical
means of combating hard to control perennial brush, including the Chinese
tallowtree, that is infesting pasture and cropland. The Texas Agricultural
Extension Service agent from Brazoria County provided comments in support
of the proposed change, noting that all cotton production occurs in the western
part of the county and would not be affected by this change. It was also noted
that this change would afford producers a more economical, timely and effective
means of controlling brush, especially the Chinese tallowtree, that is threatening
agricultural land. At present approximately 600,000 acres in Brazoria County
are infested with the tallowtree, of which 450,000 acres are located east
of the Brazos River. Annual losses in cropland are estimated at $2 million
and annual losses in pastureland are estimated at $10 million. The use of
2-4-D is cost-efficient for producers and the ability to use 2-4-D year-round,
allows producers to treat the tallowtree when it is most receptive to treatment
No comments were received in opposition to the amendment.
The department agrees with the comments received and also believes that
the amendment will provide agricultural producers in Brazoria County with
a more economical, timely and effective means of controlling brush, especially
the Chinese tallowtree, and will not affect cotton production in that county.
It is also noted that no comments in opposition to the amendment were received
from producers or agricultural extension agents in Calhoun, Fort Bend, Jackson,
Matagorda and Wharton counties. The amendment is adopted without changes.
The amendment is adopted under the Texas Agriculture Code, §76.144,
which provides that the Texas Department of Agriculture with the authority
to adopt rules concerning the use of regulated herbicides in a county in which
the commissioners court has entered an order in accordance with the Texas
Agriculture Code, §76.144(a).
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 February
4, 1999.
TRD-9900752
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: February 24, 1999
Proposal publication date: November 27, 1998
For further information, please call: (512) 463-7541
Subchapter A. General Quarantine Provisions
Chapter 19.
Quarantines