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 Brazoria, Calhoun, Fort Bend, Jackson, Matagorda, and Wharton Counties. The department is acting upon requests from county officials, on behalf of ranchers and farmers in Brazoria, Calhoun, Fort Bend, 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 for those counties. County officials have requested that the beginning date be changed to allow the application of 2,4-D or any derivative thereof after March 10. The department believes that the changing of the prohibition dates as requested is both necessary and appropriate. Upon request of county officials in Jackson, Matagorda, and Wharton Counties the department adopted on March 9, 1992, on an emergency basis, an amendment changing the beginning prohibition date from March 10 to March 25 for those counties. That amendment is scheduled to be published in the March 17 issue of the Texas Register (TRD 9203463). 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. County officials on behalf of ranchers and farmers in Brazoria, Fort Bend, and Calhoun Counties have now requested that the March 10 date for those counties be extended due to similar adverse weather conditions in those counties that have prevented the making of herbicide applications prior to the March 10, 1990 deadline. The department believes that the extension of the prohibition date in Fort Bend and Calhoun Counties and that portion of Brazoria County both north of State Highway 35 and west of Highway 288 to March 20 is also necessary and will not endanger susceptible crops in that county. 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, and change the prohibition date for the spraying of 2,4-D and any derivative thereof from March 10 to March 20 for Fort Bend and Calhoun Counties and that portion of Brazoria County both north of State Highway 35 and west of Highway 288. 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 provide 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 Fort Bend County,
    [Counties] the aerial application of 2,4-D or any derivative thereof is hereby prohibited between March 20
      [10] and September 15 of each year. (2) (No change.) (3) The aerial application of 2,4-D or any derivative thereof is hereby prohibited in Calhoun County between March 20
        [10] and August 2 of each year. (4)-(5) (No change.) (h)-(11) (No change.) Issued in Austin, Texas, on March 13, 1992. TRD-9203753 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: March 13, 1992 Expiration date: April 8, 1992 For further information, please call: (512) 463-7583 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part III. Texas Youth Commission Chapter 91. Discipline and Control Disciplinary Practices 37 TAC sec.91.3 The Texas Youth Commission (TYC) adopts on an emergency basis an amendment to sec.91.3, concerning the commission's rules of conduct, contraband, and dress. The symbolic expression subsection being added allows individual superintendents with approval of the director of institutions to prohibit expressions that prompt violence or potentially violent behavior. Serious attacks between gang members resulting from the display of certain colors and hand signals related to gang membership within or facilities presents an imminent peril to the health and safety of our youth, staff, and visitors. The amendment is adopted on an emergency basis under the Human Resources Code, sec.61.034, which provides the Texas Youth Commission with the authority to make rules, appropriate to proper accomplishment of its functions. sec.91.3. Rules of Conduct, Contraband, and Dress. (a) Policy. Texas Youth Commission (TYC) facilities and programs maintain youth discipline to the extent necessary to keep order and provide a safe and constructive environment for youth, staff and visitors. Youth are expected to follow agencywide rules of conduct, contraband, and dress. Violations of the rules result in disciplinary consequences that are proportional to the severity and extent of the violation and follow appropriate due process. Rules in this policy may be restated in greater detail or otherwise adapted to accommodate a particular program in order to help clarify expected behavior in that program. All adapted or restated rules will remain consistent with the general rules of conduct. The rules are posted in a conspicuous area accessible to youth in each facility and program. (b) Rules. (1)-(4) (No change.) (5) Symbolic expression. A facility superintendent may adopt rules for the facility to prohibit any symbolic expression(s) that have been shown to precipitate violent behavior which endangers the safety of youth, staff, or visitors at the facility. All rules adopted by a superintendent and approved by the director of institutions must be clearly communicated to each youth and posted at the same place as other rules set out in this policy. Unless it is repealed earlier, the authority granted in this subsection expires on March 31, 1993. Issued in Austin, Texas on March 12, 1992. TRD-9203780 Ron Jackson Executive Director Texas Youth Commission Effective date: March 16, 1992 Expiration date: July 14, 1992 For further information, please call: (512) 483-5244