TITLE agriculture

Part I. Texas Department of Agriculture

Chapter 20. Cotton Pest Control

Subchapter C. Stalk Destruction Program

4 TAC §20.22

The Department of Agriculture (the department) adopts on an emergency basis, an amendment to §20.22, concerning the authorized cotton destruction dates in Pest Management Zone 6, all counties. A prior emergency amendment published in the December, 18, 1998, issue of the Texas Register (23 TexReg 12841), extended the cotton destruction date for Zone 6, through December 15, 1998. That emergency extension deadline has passed. The cotton destruction deadline for all of Zone 6 will be extended through December 30, 1998, for the 1998 crop year only.

The Department of Agriculture (the department) also adopts on an emergency basis, an amendment to §20.22, concerning the authorized cotton destruction dates for part of Pest Management Zone 2 Area 4, Calhoun County only. A prior emergency amendment also published in the December 18, 1998 issue of the Texas Register (23 TexReg 12841) extended the current cotton destruction deadline for Refugio and Calhoun counties in Zone 2, Area 4, through December 14, 1998. That emergency extension deadline has also passed. The cotton destruction deadline for Calhoun County only will be extended through December 30, 1998 for the 1998 crop year only.

The department is acting on behalf of cotton farmers in Zone 6 and Calhoun County in Zone 2, Area 4. The department believes that changing the cotton destruction dates for Zones 6 and Calhoun County is both necessary and appropriate. Adverse weather conditions have created a situation compelling an immediate extension of the cotton destruction date for these counties. The unusually wet weather prior to the cotton destruction period has prevented many cotton producers from destroying cotton by the current deadlines and extensions. A failure to act to further extend the cotton destruction deadline could create a significant economic loss to Texas cotton producers and the state's economy.

The emergency amendment to §20.22(a) will extend the date for cotton stalk destruction through December 30 of 1998 for Zone 6 and Calhoun County in Zone 2 Area 4.

The amendment is adopted on an emergency basis under the Texas Agriculture Code, §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; §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 cotton pests 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, §2001.34, which provides for the adoption of administrative rules on an emergency basis, without notice and comment.

§20.22.Stalk Destruction Requirements

(a)

Deadlines and methods. All cotton plants in a pest management zone shall be destroyed, regardless of the method used, by the stalk destruction dates indicated for the zone. Destruction shall be accomplished by the methods described as follows:

Figure: 4 TAC §20.22(a)

(b)-(c)

(No change.)

Filed with the Office of the Secretary of State,on December 18, 1998.

TRD-9818471

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: December 18, 1998

Expiration date: December 31, 1998

For further information, please call: (512) 463-7541