4 TAC §3.72, §3.73
The Texas Department of Agriculture (the department) proposes
amendments to §3.72 and §3.73, concerning the reporting of cotton
acreage as required for participation in the Texas Boll Weevil Eradication
Foundation and notice of participation requirements. The amendments to §3.72
are proposed to clarify the reporting requirements, coordinate the reporting
with that required by the United States Department of Agriculture's Farm Service
Agency and to eliminate double reporting. The amendment to §3.73 is proposed
to eliminate the 30 day requirement for the publication of a notice of participation,
to add language requiring that such a notice be published upon establishment
of new requirements, and to further clarify that notice will be provided upon
the passage of a referendum to establish an eradication program and maximum
assessment for a zone.
Matt Brockman, Special Assistant for Producer Relations, has determined
that for the first five-year period the amendments are in effect, there will
be no fiscal implications for state or local government as a result of enforcing
or administering the sections.
Mr. Brockman has also determined that for the first five-year period the
amendment will be in effect, the public benefit of enforcing or administering
the section will be greater efficiency in reporting of acreage, therefore
ensuring proper assessment and collection of revenue for the boll weevil eradication
program. There will not be an effect on micro-businesses or small businesses
or to persons who are required to comply with the amendments as proposed.
Comments on the proposal may be submitted to Matt Brockman, Special Assistant
for Producer Relations, Texas Department of Agriculture, P.O. Box 12847, Austin,
Texas, 78711. Comments must be received no later than 30 days from the date
of publication of the proposal in the
Texas Register
.
The amendments are proposed under the Texas Agriculture Code
(the Code), §74.118 which provides the department with the authority
to adopt reasonable rules regarding participation in a boll weevil eradication
program by cotton growers in an established eradication zone; the Code, §74.121,
which requires growers to furnish to the Texas Boll Weevil Eradication Foundation
information concerning the size and location of all commercial and noncommercial
cotton fields; and, the Code, §74.120, which provides the department
with the authority to adopt reasonable rules to carry out the purposes of
the Code, Chapter 74, Subchapter D.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapter 74.
§3.72.Requirements for Program Participation.
(a)
All commercial cotton growers within an eradication zone
are required to participate in the eradication program approved by grower
referendum for that zone.
(b)
Participation in the eradication program includes:
(1)
timely reporting to the foundation,
as specified in
subsection (c) of this section
[
upon request
], of
all
information regarding [
acreage and location of
] all commercial
and noncommercial
cotton [
fields
] and of
all
[
noncommercial patches of
] cotton grown for ornamental, research,
or
any
other purposes as provided in the Code §74.121;
(2)
payment of the assessment in the amount and manner
established and approved for that eradication zone; and
(3)
compliance with any department rules, or procedures
established by the department or the foundation, for implementation of the
eradication program in that eradication zone.
(c)
Reporting deadlines.
(1)
All cotton in an active eradication zone, regardless of
which zone, must be reported annually by the grower, not later than the reporting
date established for each county by the Farm Service Agency, as specified
on the following map:
Figure: 4 TAC §3.72(c)(1)
(2)
Reporting shall be accomplished by:
(A)
certifying the acreage with the appropriate Farm Service
Agency office by the date specified in paragraph (1) of this subsection; or
(B)
filing with the foundation an acreage report form, obtained
from the foundation, by the date specified in paragraph (1) of this subsection.
§3.73.Notice of Requirement for Participation.
(a)
After
[
Within 30 days after
] passage
of a referendum establishing an eradication
program and maximum assessment
and/or upon adoption of any new requirements by the department and/ or the
foundation,
[
zone
] a notice of the requirements to participate
in the eradication program shall be published by the foundation in a newspaper
having general circulation within the affected zone
or zones
for
one day each week for three successive weeks.
(b)
The notice required by subsection (a) of this section shall
include
any
[
the
] requirements for timely reporting
of acreage
to the foundation
[
and field location, if appropriate
], compliance with regulations of the department, and payment of the
assessment established and approved for that zone.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on February 10, 2000.
TRD-200001059
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: March 26, 2000
For further information, please call: (512) 463-4075