4 TAC §3.116
The Texas Department of Agriculture (the department) adopts
new §3.116 concerning the creation of a nonstatutory boll weevil eradication
zone. Section 3.116 is adopted without changes to the proposed text published
in the November 13, 1998 issue of the
Texas Register
(23 TexReg 11513).
The new section is adopted to establish a new nonstatutory boll weevil
eradication zone consisting of counties not currently located in a statutory
zone created under Chapter 74, Subchapter D, §74.1021, in order to allow
cotton producers in the new zone an opportunity to establish a manageable,
efficient eradication program that meets the local needs of producers in the
zone. New §3.116 adopts, upon the request of the Northern Blacklands
Boll Weevil Advisory Committee, the designation of the Northern Blacklands
Boll Weevil Eradication Zone, which consists of all of all of Montague, Cooke,
Grayson, Fannin, Lamar, Red River, Bowie, Cass, Morris, Titus, Franklin, Hopkins,
Delta, Hunt, Rockwall, Collin, Denton, Wise, Jack, Parker, Tarrant, Dallas,
Kaufman, Rains, Van Zandt, Henderson, Navarro, Ellis, Johnson, Hood, Somervell,
Bosque, Hamilton, and Hill counties; and parts of McLennan and Limestone counties.
A grower referendum may be conduced at a future date to determine whether
or not a boll weevil eradication program and assessment will be approved for
that zone. No referendum date has been discussed.
Comments generally in favor of the proposal were received from the Blackland
Cotton and Grain Producers Association and the Texas Boll Weevil Eradication
Foundation (the Foundation). In addition, the Foundation commented that the
zone's boundaries as proposed make possible program implementation based on
entomology, geography and the economics concerned. Other written comments
received generally approved of the proposal boundaries and establishment of
the new Northern Blacklands zone. One dissenting comment suggested that the
climate and cultural practices of the area northeast of Dallas are too different
from those south of Dallas. In addition, this farmer expressed concern that
growers in that area would vote against a program, and that the rule was written
to bring those farmers into a program against their will. Since there is no
referendum scheduled, nor has one been discussed for the area, the rule only
serves to designate the area as a cotton-growing region and allows the Commissioner
of Agriculture to appoint a director to represent the area on the Texas Boll
Weevil Eradication Foundation Board of Directors. All growers will have the
opportunity to vote on whether or not there will be a program, thus the rule
is not bringing an unwilling group into an eradication program. A program
will be established only if approved by growers in the zone. Finally, due
to the location of the cotton and the amount of the cotton grown in the area
in question, there appears to be no geographic or economic distinction to
draw a line such as that suggested. There was no formal comment offered at
a public hearing on the proposal held by the department on December 2, 1998,
in Ennis, Texas.
The department agrees with the comments received in support of the designation
of the proposed zone. Further, the department believes that enough grower
support and justification has been demonstrated to adopt the designation of
the Northern Blacklands zone as proposed and provide the opportunity for growers
in the zone to express their support by passing or defeating a referendum
to establish a zone eradication program.
The new section is adopted under the Texas Agriculture Code,
§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.
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 December
21, 1998.
TRD-9818531
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: January 10, 1999
Proposal publication date: November 13, 1998
For further information, please call: (512) 463-7541