PART 1. TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 19. QUARANTINES AND NOXIOUS AND INVASIVE PLANTS
SUBCHAPTER P. DIAPREPES ROOT WEEVIL QUARANTINE
The Texas Department of Agriculture (the department) adopts an amendment to §19.161 concerning expansion of the quarantined area for the Diaprepes root weevil, Diaprepes abbreviatus (L), without changes to the proposal published in the December 5, 2008, issue of the Texas Register (33 TexReg 9837). An observant grove care manager alerted the Texas A&M University Kingsville Citrus Center scientists about declining citrus trees in a 3-acre grapefruit grove near Bayview, Texas. During September 30, 2008 - October 1, 2008, the scientists discovered seven larvae and four adults of the Diaprepes root weevil during examination of the citrus trees at this grove. In addition, one Diaprepes root weevil adult was discovered on October 2, in a trap deployed in the adjoining 4-acre grapefruit grove. Since detection of the Diaprepes root weevil in 2001 at McAllen, Texas, the department has established a quarantine surrounding the detection to prevent spread of this pest to other areas of Texas and facilitate eradication. The Bayview detection is approximately 46 miles from the initial detection at McAllen and the origin of the former infestation remains unknown. The amendment prevents further spread of the Diaprepes root weevil and facilitates its eradication. The amendment to §19.161 expands the quarantined area in correspondence with the detection of the Diaprepes root weevils near Bayview.
No comments were received on the proposal.
The amendment to §19.161 is adopted under the Texas Agriculture Code, §71.002, which authorizes the department to establish a quarantine for an infested area against an in-state pest if it determines the pest is dangerous and is not widely distributed in this state; and §71.007 which authorizes the department to adopt rules as necessary to protect agricultural and horticultural interests, including rules to provide for specific treatment of a grove or orchard or of infested or infected plants, plant products, or substances.
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 January 7, 2009.
TRD-200900065
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: January 27, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 463-4075
The Texas Department of Agriculture (the department) adopts amendments to §20.1 concerning definitions for cotton pest control and to §20.22 concerning stalk destruction requirements and deadlines, without changes to the proposal published in the December 5, 2008, issue of the Texas Register (33 TexReg 9838). The amendments are adopted to delete two terms no longer in use, define one new term, update definitions of certain terms, modify the destruction requirements for Pest Management Zone 10, and clarify the destruction requirements for all pest management zones. Also, due to the addition of new subparts to subsection (a) of §20.22, the reference to the graphic in subsection (a) has changed.
Amendments to §20.1 are adopted to delete obsolete terms and clarify definitions. The term "cotton destruction date" is changed to "destruction deadline". The definitions of "destroyed, or destruction", "regrowth cotton" and "volunteer cotton" are changed and the definition of "standing stalks" is deleted.
The amendments to §20.22 are adopted in response to a request from the Cotton Producer Advisory Committee of Pest Management Zone 10 and to improve clarity. The adopted amendments promote suppression of pink bollworm populations in Pest Management Zone 10 by making flood irrigation acceptable as an alternative to plowing in that zone, as part of the process for cotton stalk destruction. Research conducted by entomologists Beasley, C. A., and C. J. Adams for Texas A&M University (The Southwestern Entomologist 20: 73-106, 1995) supports the efficacy of flood irrigation in suppression of pink bollworm. Pest Management Zone 10 will retain the existing requirement for shredding of the cotton to make it non-hostable and the requirement of keeping the field non-hostable, regardless of whether the field is plowed or flood irrigated. The destruction requirements for other pest management zones are unchanged by the adopted changes, although the wording of their requirements has been changed for improved clarity.
No comments were received on the proposal.
SUBCHAPTER A. GENERAL PROVISIONS
The amendments to §20.1 are adopted 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 adoption is the Texas Agriculture Code, Chapter 74.
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 January 5, 2009.
TRD-200900026
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: January 25, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 463-4075
The amendments to §20.22 are adopted 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.
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 January 5, 2009.
TRD-200900025
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: January 25, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 463-4075
SUBCHAPTER B. GO TEXAN RURAL COMMUNITY PROGRAM RULES
The Texas Department of Agriculture (the department) adopts amendments to Title 4, Part 1, Chapter 29, Subchapter B, §29.21, concerning the department's GO TEXAN Rural Community Program, without changes to the proposal published in the December 5, 2008, issue of the Texas Register (33 TexReg 9839).
The amendment to §29.21 is adopted to modify the definition of a "non-metropolitan county" to achieve necessary program goals of economic development in rural Texas. The definition of "non-metropolitan county" is changed to include counties located in a U.S. Census Bureau designated metropolitan statistical area with a county population of less than 50,000. The change will provide more rural Texas communities with an effective tool to market and promote themselves as a desirable rural community or travel destinations, resulting in economic activity in more rural Texas communities due to the name recognition of the GO TEXAN certification mark.
No comments were received on the proposal.
The amendment to §29.21 is adopted under the Texas Agriculture Code (the Code), §12.016, which authorizes the department to adopt rules to administer its duties under the Code; and §12.027, which authorizes the department to establish and maintain an economic development program.
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 January 9, 2009.
TRD-200900098
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Effective date: January 29, 2009
Proposal publication date: December 5, 2008
For further information, please call: (512) 463-4075
SUBCHAPTER A. ROUTINE PROCEDURES
The Texas Department of Agriculture (the department) adopts the repeal of Chapter 101, Subchapter A, §§101.1 - 101.3 and §101.20, concerning Routine Procedures for the Agriculture Resources Protection Authority (Authority), without changes to the proposal published in the October 31, 2008, of the Texas Register (33 TexReg 8855). The repeal of these sections is proposed because the Authority was abolished by law by the Texas Legislature during the 79th Legislative Session (2005), and the sections were, in effect, voided and no longer effective upon abolishment of the Authority.
No comments were received on the proposal.
The repeal of §§101.1 - 101.3 and §101.20 is adopted under Texas Agriculture Code, §12.016, which authorizes the department to adopt rules as necessary to administer its duties under the Texas Agriculture Code.
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 January 12, 2009.
TRD-200900109
Dolores Alvarado Hibbs
General Counsel, Texas Department of Agriculture
Texas Agriculture Resources Protection Authority
Effective date: February 1, 2009
Proposal publication date: October 31, 2008
For further information, please call: (512) 463-4075