4 TAC §20.22
The Texas Department of Agriculture (the department) proposes
an amendment to §20.20(a), concerning cotton stalk destruction deadlines.
The amendment is proposed to change the cotton stalk destruction deadline
for pest management zone 7 (zone 7) from November 30 to October 31 of each
year, upon the recommendation of the zone's advisory committee. The cotton
producer advisory committee for zone 7 recommended changing the stalk destruction
deadline from November 30 to October 31 at its meeting held in Bryan, Texas
on November 22, 2002.
Dr. Robert Crocker, coordinator for cotton and citrus programs, has determined
that for the first five-year period the amended section is in effect, there
will be no fiscal implications for state or local government as a result of
enforcing or administrating the amended section.
Dr. Crocker has also determined that for each year of the first five years
the amended section is in effect the public benefit anticipated as a result
of enforcing the section will be the absence of hostable cotton plants for
additional duration. The absence of fruiting structures for an additional
month will further curtail the boll weevil reproduction, which will greatly
aid in control and eradication of this destructive pest. There will be no
effect on micro-businesses or small businesses. There is no anticipated economic
cost to persons who are required to comply with the amended section, as proposed.
Comments on the proposal may be submitted to Dr. Robert Crocker, Coordinator
for Cotton and Citrus programs, 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 to §20.22 is proposed in accordance with the
Texas Agriculture Code (the Code), §74.006 which provides the department
with the authority to adopt rules as necessary for the effective enforcement
and administration of Chapter 74; and the Code, §74.004 which provides
the department with the authority to establish regulated areas, dates and
appropriate methods of destruction of stalks, other cotton parts and products
of host plants for cotton pests.
The code affected by the proposal is the Texas Agriculture Code, Chapter
74.
§20.22.Stalk Destruction Requirements.
(a)
Deadlines and methods. All cotton plants in pest management
zones 1-8 shall be rendered non-hostable by the stalk destruction dates indicated
for the zone. Destruction shall periodically be performed to prevent the presence
of fruiting structures. Destruction of all cotton plants in Zones 9 and 10
shall be accomplished by shredding and plowing and completely burying the
stalk. Soil should be tilled to a depth of 2 or more inches in Zone 9 and
to a depth of 6 or more inches in Zone 10.
Figure: 4 TAC §20.22(a)
(b) - (d)
(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 July 28, 2003.
TRD-200304549
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: September 7, 2003
For further information, please call: (512) 463-4075