TITLE 4.AGRICULTURE

Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 7. PESTICIDES

Subchapter E. REGULATED HERBICIDES

4 TAC §7.52, §7.53

The Texas Department of Agriculture (the department) adopts amendments to §7.52, concerning counties regulated and §7.53, concerning county special provisions for the use of regulated herbicides, without changes to the proposal published in the February 27, 2004, issue of the Texas Register (29 TexReg 1752).

The amendments are adopted to make changes to the regulations necessitated by orders entered by the county commissioner courts of counties subject to the regulations. In addition the amendments will provide increased efficiency and effectiveness in the use of regulated herbicides in regulated counties.

The amendments to §7.52 add Baylor county to the list of counties regulated and remove Archer, Dimmit, Liberty, Orange and Rains counties from the list of regulated counties.

The amendments to §7.53 make changes to the county special provisions by removing the county special provisions for Archer, Dimmit and Liberty counties, and will add county special provisions for Baylor County. The amendments also modify the county special provisions for Brazoria, Brazos, Calhoun, Deaf Smith, Fort Bend, Jackson, Matagorda, Refugio and Wharton Counties.

No comments were received on the proposal.

The amendments are adopted under the Texas Agriculture Code §76.144, which provides that the Texas Department of Agriculture with the authority to adopt rules concerning the use of regulated herbicides in a county in which the commissioners court has entered an order in accordance with the Texas Agriculture Code §76.144(a).

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 April 2, 2004.

TRD-200402256

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: April 22, 2004

Proposal publication date: February 27, 2004

For further information, please call: (512) 463-4075