Proposed Rules Title 4

TITLE 4. AGRICULTURE

Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 3. BOLL WEEVIL ERADICATION PROGRAM

The Texas Department of Agriculture (the department) proposes amendments to Chapter 3, Subchapter B, §3.20 and the repeal of §3.21, concerning the department's Boll Weevil Eradication Program. The proposed amendments to §3.20 are made to update language in the section relating to the enabling legislation and authority of the Texas Boll Weevil Eradication Foundation (Foundation) to adopt rules. The repeal of §3.21, relating to rule consistency and approval, is proposed to repeal an outdated section. The Foundation is no longer authorized to adopt rules, which makes this section unnecessary.

Brian Murray, assistant commissioner for external relations, has determined that for the first five years the amended and repealed sections are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the amended and repealed sections.

Mr. Murray also has determined that for each year of the first five years the amended and repealed sections are in effect the public benefit anticipated as a result of enforcing the sections will be having updated rules relating to the department's boll weevil eradication program. There will be no economic cost for micro-businesses, small businesses or individuals who are required to comply with the amended and repealed sections, as proposed.

Comments on the proposal may be submitted to Brian Murray, Assistant Commissioner for External 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.

Subchapter B. ESTABLISHMENT OF RULES, PROCEDURES, AND METHODS OF TREATMENT

4 TAC §3.20

The amendments to §3.20 are proposed under the Texas Agriculture Code, §74.120 which authorizes the department to adopt reasonable rules necessary to carry out the purposes of Chapter 74, Subchapter D, relating to the boll weevil eradication foundation program.

The code affected by the proposal is the Texas Agriculture Code, Chapter 74.

§3.20.Statement of Purpose and Role of the Department.

(a) It has been declared by the Texas Legislature [~~in Senate Bill 30, 73rd Legislative Session, 1993,~~] that the boll weevil presents a major economic threat to Texas' cotton crop and that it is necessary to create a Boll Weevil Eradication Foundation as a vehicle to provide for assessments of cotton producers, governing boards, and for establishing eradication zones in order to suppress and eradicate the boll weevil. It is also the intent of the Legislature that any program established for boll weevil eradication be carried out in a manner which incorporates the best available integrated pest management techniques, as well as other methods of eradication, and is implemented in a manner that poses the least possible risk to people, property, and the environment.

[(b) The Texas Department of Agriculture (the department), through the authority vested in the commissioner of agriculture (the commissioner), has been designated as the state agency responsible for general oversight of the implementation of Senate Bill 30 (enacted as the Texas Agriculture Code, Chapter 74, Subchapter B), including certifying the organization which will create the foundation, adopting guidelines and other rules for implementation of the boll weevil eradication program, enforcing the provisions of Senate Bill 30 and any rules adopted thereunder, and approving programs or projects disbursement of funds by the foundation.]

(b) [~~(c)~~] In accordance with the Texas Agriculture Code (the Code), Chapter 74, Subchapter D, §74.120, the commissioner is specifically charged with adopting rules to protect individuals, livestock, wildlife, and honeybee colonies on any premises located in an eradication zone on which cotton plants are being grown that have been or are being treated as part of the boll weevil eradication program. [ In addition, the commissioner is charged with adopting rules establishing criteria by which the Boll Weevil Eradication Foundation (the foundation) develops its own rules, procedures, and methods of treatment. This subchapter is intended to meet the requirements of the Code, §74.120.]

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 May 19, 2008.

TRD-200802601

Dolores Alvarado Hibbs

General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: June 29, 2008

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

Subchapter B. ESTABLISHMENT OF FOUNDATION RULES, PROCEDURES, AND METHODS OF TREATMENT

4 TAC §3.21

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Agriculture or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeal of §3.21 is proposed under the Texas Agriculture Code, §74.120 which authorizes the department to adopt reasonable rules necessary to carry out the purposes of Chapter 74, Subchapter D, relating to the boll weevil eradication foundation program.