Part 1. TEXAS DEPARTMENT OF AGRICULTURE
Subchapter E. REGULATED HERBICIDES
The Texas Department of Agriculture (the department) proposes amendments to §7.52 concerning counties regulated and §7.53 concerning County Special provisions for the use of regulated herbicides. The amendments are proposed to make changes to the regulations necessitated by orders entered by the county commissioner courts of counties subject to the regulations.
Proposed amendment to §7.52 will delete Bexar county from the list of counties regulated.
Proposed amendments to §7.53 will make changes to the county special provisions by changing county special provisions for Hall County and Jackson County.
Jimmy Bush, Assistant Commissioner for Pesticides, has determined that, for the 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, as amended.
Mr. Bush also has determined that, for each year of the first five years the amendments are in effect, the public benefit anticipated as a result of enforcing the sections will be increased efficiency and effectiveness in the use of regulated herbicides in regulated counties. There will be no effect on microbusiness or small businesses. There is no anticipated economic cost to persons who are required to comply with the sections as proposed.
Comments on the proposal may be submitted to Jimmy Bush, Assistant Commissioner for Pesticide 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 proposed amendments in the Texas Register.
The amendments are proposed under the Texas Agriculture Code (the Code), §76.144 which provides 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 Code §76.144(a).
The code that is affected by the proposal is the Texas Agriculture Code, Chapter 76.
§7.52.Counties Regulated.
The following counties shall be subject to the provisions of the Act,
Subchapter G, unless specifically excepted by provisions of §7.53 of
this title (relating to County Special Provisions): Aransas, Austin, Bailey,
Baylor, [Bexar,] Brazoria, Brazos, Briscoe, Burleson, Calhoun,
Cochran, Collin, Collingsworth, Culberson, Dallas, Dawson, Deaf Smith, Delta,
Dickens, Donley, El Paso, Falls, Foard, Fort Bend, Gaines, Galveston, Hall,
Harris, Haskell, Hidalgo, Hudspeth, Hunt, Jackson, King, Knox, Lamar, Lamb,
Loving, McLennan, Martin, Matagorda, Midland, Milam, Moore, Motley, Parmer,
Refugio, Robertson, Rockwall, Runnels, San Patricio, Waller, Ward, Wharton
and Wilbarger.
§7.53.County Special Provisions.
(a) - (s) (No change.)
(t) Hall. The application of regulated herbicides is prohibited
between May 10 [15] and October 15 of each year, with
the exception of the [spot] application of dicamba by ground
equipment [means of a pressurized hand held spray device],
provided the user obtains a permit from the department prior to the use during
the regulated period. The application of regulated herbicides is allowed
without the requirement of a permit for the period beginning October 16 and
ending May 9 of the following year.
(u) - (y) (No change.)
(z) Jackson.
[
(1)
The aerial application of
all formulations of 2,4-D is prohibited between March 10 and September 15
of each year.]
[
(2)
]
No permit is required for the application
of regulated herbicides during the months of January and February of each
year.
(aa) - (pp) (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 April 10, 2007.
TRD-200701343
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: May 27, 2007
For further information, please call: (512) 463-4075