4 TAC §20.22
The Texas Department of Agriculture (the department) proposes
an amendment to §20.22, concerning cotton stalk destruction requirements.
The amendment removes an established stalk destruction deadline for Cotton
Pest Management Zone 9. The amendment is proposed at the request of the Zone
9 Cotton Producer Advisory Committee. Based on information provided by advisory
committee members during its September 27, 2001 meeting, boll weevil numbers
in Zone 9 have been reduced to levels where they are no longer considered
a threat and rainfall patterns throughout this zone are low enough that volunteer
cotton is not a problem and the destruction deadline is no longer needed.
In addition, members indicated that cotton regrowth is controlled by current
tillage practices or by cold weather.
Ed Gage, Coordinator for Pest Management/Citrus, has determined that for
the first five year period the amendment is in effect, there will be no fiscal
implications for state government as a result of enforcing or administering
the section, as amended. There will be no fiscal implications for local government
as a result of enforcing or administering the section, as amended.
Mr. Gage has also determined that for each of the first five years the
section, as amended, is in effect, the public benefit anticipated in the enforcing
or administering of the section is that removal of the cotton stalk destruction
date for Zone 9 will provide producers greater flexibility in achieving cotton
pest control. There is no anticipated cost to microbusinesses, small businesses
or to persons required to comply with the proposal.
Comments on the proposal may be submitted to Ed Gage, Coordinator for Pest
Management/ Citrus, 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 amendment is proposed in accordance with the Texas Agriculture
Code, §74.006, which provides the department with the authority to adopt
rules as necessary for the effective enforcement and administration of Chapter
74, Subchapter A; and §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.
The code affected by the proposal is the Texas Agriculture Code, Chapter
74, Subchapter A.
§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.)
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 January 24, 2002.
TRD-200200347
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: March 10, 2002
For further information, please call: (512) 463-4075