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 6. Boll Weevil Control 
  
  4 TAC sec.6.4 
 
  The Texas Department of Agriculture (the department) adopts on an emergency 
basis an amendment to sec.6.4, concerning the cotton stalk destruction date in 
the Upper Coastal Bend pest management zone. 
 The department is acting upon requests from the Executive Director, David 
Oefinger, on behalf of the Upper Coastal Bend Pest Management Zone Committee. 
The amendment to the stalk destruction deadline is necessary on an emergency 
basis to give the cotton producers in this area an extension of the impending 
destruction date. The extension is necessary because early season rains hampered 
cotton planting, resulting in considerable variation in cotton growth and 
maturity. The current deadlines for counties in the zone are October 1 and 
October 15. 
 The Department has determined that a public emergency exists in the Upper 
Coastal Bend Pest Management Zone, Area One and Area Two, which requires the 
department to extend the stalk destruction deadline. The department's failure to 
act could result in significant economic loss to producers by requiring the 
early destruction of cotton plants before they have adequate time to mature. 
 The emergency amendment extends the stalk destruction deadline for Area One and 
Two of the Coastal Bend Pest Management Zone from October 1 to October 15 and 
from October 15 to October 30, respectively. The emergency amendment is 
authorized under the Texas Agriculture Code, sec.74.004, which provides the 
department with the authority to, upon petition of the administrative committee 
of a pest management zone, establish stalk destruction dates; and the Government 
Code, sec.2001.034, which provides for adoption of rules on an emergency basis, 
without prior notice or hearing. 
 
 
  sec.6.4. Authorized Planting Dates, Cotton Destruction Dates, and Prescribed 
Methods of Destruction. 
 
  (a) Except as provided in subsection (c) of this section, all cotton in the 
pest management zones must be planted and/or mechanically destroyed by the 
following authorized dates. Destruction must be accomplished by shredding and 
plowing out the plants to prevent further growth and to prohibit any cotton 
plants from remaining after the following cotton destruction dates. 
 
  (1)-(3) (No change.) 
   
  (4) Upper Coastal Bend pest management zone. 
 
  (A) Area (1): 
 
  (i) (No change.) 
   
  (ii) cotton destruction date: on or before October <nl>15<ol> [1]. 
     
  (B) Area (2): 
 
  (i) (No change.) 
   
  (ii) cotton destruction date: on or before October <nl>30<ol> [15]. 
         
  (b)-(d) (No change.) 
 
  Issued in Austin, Texas, on September 23, 1993. 
 TRD-9329361 
  Dolores Alvarado Hibbs 
 Chief Administrative Law Judge 
 Texas Department of Agriculture 
    Effective date: September 24, 1993 
 Expiration date: November 9, 1993 
 For further information, please call: (512) 463-7583