Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 11. Herbicide Regulations 4 TAC sec.11.2 The Texas Department of Agriculture (the department) adopts on an emergency basis, an amendment to sec.11.2 concerning special provisions for Jackson, Matagorda, and Wharton Counties. The department is acting upon requests from county officials, on behalf of ranchers and farmers in Jackson, Matagorda and Wharton Counties for an immediate change of the dates during which the application of 2,4-D or any derivative thereof is prohibited in those counties. The current prohibition period begins on March 10 and ends on September 15 for those counties. County officials have requested that the beginning date be changed to March 25. The department believes that the changing of the prohibition dates as requested is both necessary and appropriate. Adverse weather conditions have created a situation compelling an immediate extension of the deadlines for applications of 2,4-D for weed and brush control in Jackson, Matagorda and Wharton counties. The continuation of unusually wet weather since the first of the year has prevented many herbicide applications from being made prior to the March 10, 1992 deadline, as applications under those conditions would have been impractical. The additional moisture should also result in additional weed population and growth. Allowing the uncontrolled growth of weeds and brush may result in substantially less available forage for cattle and other livestock which would tend to reduce yields. This could create a significant loss to Texas ranchers/farmers and the state's economy. The department believes that susceptible crops in Jackson, Matagorda and Wharton counties will not be harmed because the planting of those crops has not yet commenced and planting should not begin for another week, with emergence of those crops about a week after planting, or the week of March 23. Emergency amendments to subsection (g) change the beginning date for prohibition of the spraying of 2,4-D or any derivative thereof in Jackson, Matagorda, and Wharton counties from March 10 to March 25 of each year. The amendment is adopted on an emergency basis under the Texas Agriculture Code, sec.75.018, which gives the Texas Department of Agriculture the authority to consider a request for revision of a section, an exemption from a requirement of the Texas Herbicide Law, Chapter 75, or prohibition of spraying in one area and to adopt rules as the department deems appropriate; and Texas Civil Statutes, Article 6252-13(a)(5), which provides for the adoption of administrative rules on an emergency basis, without notice and comment. sec.11.2. County Special Provisions. (a)-(f) (No change.) (g) Brazoria, Calhoun, Fort Bend, Jackson, Matagorda, and Wharton Counties. (1) For that portion of Brazoria County both north of State Highway 35 and west of Highway 288, Calhoun and
    [,] For Bend Counties
      [, Jackson, Matagorda, and that portion of Wharton County east of the Colorado River,] the aerial application of 2,4-D or any derivative thereof is hereby prohibited between March 10 and September 15 of each year. (2) For that portion of Brazoria County not included in paragraph (1) of this subsection, the aerial application of 2,4-D or any derivative thereof is hereby prohibited between March 25 and August 1, of each year. (3) The aerial application of 2,4-D or any derivative thereof is hereby prohibited in Calhoun County between March 10 and August 2 of each year. (4) The aerial application of 2,4-D or any derivative thereof is hereby prohibited between March 25 and September 15 of each year for Jackson and Matagorda Counties and that portion of Wharton County east of the Colorado River. (5)
        [(4)] These counties, for purposes of this regulation, are considered one unit, and this provision is not to be changed without a public hearing for the unit as a whole. (h)-(ll) (No change.) Issued in Austin, Texas, on March 9, 1992. TRD-9203463 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: March 9, 1992 Expiration date: April 8, 1992 For further information, please call: (512) 463-7583 TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 5. Transportation Division Subchapter W. Registration of Commercial Carriers 16 TAC sec.5.507 The Railroad Commission of Texas adopts on an emergency basis an amendment to sec.5.507, concerning temporary registration of international commercial carriers. The amendment is adopted on an emergency basis as a result of the inability of agents to pay $20 to the commission for each international registration stamp ordered. The rule as amended will allow agents to take international registration stamps on consignment from the commission and subsequently remit fees to the commission upon sale of the stamps. Adoption of the amendment will help to ensure that international commercial carriers operating in this state are complying with the commission's insurance requirements. The amendment is adopted under the Texas Civil Statutes, Article 911b, sec.4(a) (13), which requires all commercial motor vehicles to be registered with the commission and to pay a registration fee of $10 per vehicle, and under Texas Civil Statutes, Article 6701d, sec.139(c), which requires all commercial motor vehicles to file proof of insurance with the commission and to pay a fee for those filings. The amendment is also adopted under House Bill 1, First Called Session, 72nd Legislature, which directed the commission to raise the fee for international stamps to $20 per stamp. sec.5.507. Temporary Registration of International Commercial Carriers. (a)-(b) (No change.) (c) Procedures. (1) In lieu of maintaining registration as a commercial motor vehicle in accordance with sec.sec.5.501-5.506 of this subchapter (relating to Registration of Commercial Carriers) and upon providing proof of insurance at or above the levels required by the commission, an international commercial carrier shall purchase, for each commercial motor vehicle operating in this state, an international registration stamp. The fee for each stamp is $20, and will be good for one trip of up to seven days in duration. (2)
          [(1)] An insurance agent that
            [which] has filed evidence of a master liability policy under which temporary insurance policies are issued shall obtain international registration stamps from the commission. Stamps shall be ordered on a form approved by the director. Once the evidence of the master insurance policy is filed with the commission, an identification number will be assigned to that policy and to all stamps issued under that policy. Stamps may be obtained, in lots of five stamps per lot, either: (A) by purchase, at a cost of $20 per stamp; or (B) by consignment from the commission, with monies collected upon the sale of the stamps to be remitted to the commission as provided in paragraph (7) of this subsection. [(2) An insurance agent which has filed a master liability policy under which temporary insurance policies are issued shall obtain registration stamps from the commission.] (3) Only insurance agents who are duly licensed in this state and who maintain evidence of master insurance policies on file with the commission will be permitted to obtain and sell international registration stamps on consignment from the commission. (4)
              [(3)] For each international registration
                stamp sold by the insurance agent, the insurance agent or his designee
                  shall record the name of the company to whom the stamp is sold, the vehicle identification number, the year, the make, and the license number of the vehicle for which the stamp is sold, the date of sale, the port of entry, the trip policy number,
                    and the effective period of the temporary insurance policy. This information shall be recorded on a form approved by the director. [(4) The registration stamp shall be affixed to the temporary insurance policy, and shall be carried in the vehicle at all times the commercial vehicle is operated in this state.] (5) The insurance agent shall file the information recorded for each international registration
                      stamp sold with the commission no later than 30 days after the sale of the stamp by the insurance agent. (6) The international registration stamp shall be affixed to the temporary insurance policy, and shall be carried in the vehicle at all times the commercial vehicle is operated in this state. (7) An insurance agent selling international registration stamps on consignment shall file a surety bond in a form approved by the director, issued by a corporate surety authorized to do business in this state. The bond shall ensure the return of all unused stamps, and shall ensure full and timely remittance of monies collected on the sale of stamps. The amount of the bond shall be at least two times the total value of stamps held on consignment at any given time. (8) An insurance agent selling international registration stamps on consignment shall remit to the commission the fee collected from the sale of a stamp no later than 30 days from the date the stamp is sold. If an insurance agent fails to remit monies to the commission by the due date, the commission shall discontinue issuing stamps to the agent on consignment, and may seek to enforce payment of the surety bond. No stamp shall be held on consignment for a period exceeding one year from its date of consignment by the commission. Issued in Austin, Texas, on March 9, 1992. TRD-9203538 Nolan F. Ward Hearings Examiner, Legal Division-General Law Railroad Commission of Texas Effective date: March 10, 1992 Expiration date: July 10, 1992 For further information, please call: (512) 463-7095 TITLE 22. EXAMINING BOARDS Part XXII. Texas State Board of Public Accountancy Chapter 513. Registration Registration of Partnerships 22 TAC sec.513.28 The Texas State Board of Public Accountancy adopts on an emergency basis new sec.513.28, concerning registration of limited liability partnerships with the board. This amendment is necessary in order to implement the recently enacted amendments to the Public Accountancy Act of 1991. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules to effectuate the Act. sec.513.28. Registered Limited Liability Partnership. (a) The name of each registered limited liability partnership registered with this board must include registered limited liability partnership or L.L.P. (b) The words "registered limited liability partnership" or "L.L.P." must appear in or with the firm name each time it is used. Issued in Austin, Texas, on March 11, 1992. TRD-9203544 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: March 11, 1992 Expiration date: July 9, 1992 For further information, please call: (512) 450-7042