EMERGENCY RULES 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 and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional 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 5. Quarantines Pink Bollworm Quarantine 4 TAC sec.5.179 The Texas Department of Agriculture (the department) adopts on an emergency basis, an amendment to sec.5.179, concerning authorized stalk destruction dates for Ellis County, located in pink bollworm pest management Zone 4. The department is acting upon a request from the Ellis County representative on the department's pest management committee for pink bollworm quarantine Zone 4 (Zone 4), the Ellis County extension agent, the Ellis County Agriculture Stabilization and Conservation County Committee (ASCS) Director and on behalf of cotton farmers in Ellis County for an immediate change of the cotton destruction date for Ellis County. The current cotton destruction deadline is November 30, 1994. A request has been made to extend the cotton destruction deadline to January 30, 1994. The department believes that changing the cotton destruction date as requested is both necessary and appropriate. Adverse weather conditions have created a situation compelling an immediate extension of the cotton destruction date for Ellis County. Unusually wet weather has continued to prevent many cotton producers from destroying cotton stalks by the December 30 deadline. A failure to act to extend the cotton destruction deadline could create a significant loss to Texas cotton producers and the state's economy. The emergency amendment to sec.5.179(a)(4)(B) will extend the date for cotton destruction through January 30, 1995, in Ellis County. The amendment is adopted on an emergency basis under the Texas Agriculture Code, sec.74.054, which provides the Texas Department of Agriculture with the authority to adopt rules as necessary for the control and eradication of the pink bollworm; sec.74.057, which authorizes the department to establish regulated areas, dates and appropriate methods of destruction of host plants and host plant products for pink bollworm control; and the Government Code, sec.2001.34, which provides for the adoption of administrative rules on an emergency basis, without notice and comment. sec.5.179. Authorized Planting and Stalk Destruction Dates. (a) All cotton plants in any of the quarantine zones set forth in sec.5.178 of this title (relating to Quarantine Zones) must be mechanically destroyed by the authorized planting and stalk destruction deadlines indicated for each zone. This must be accomplished by shredding or plowing out the plants in such a way as to absolutely prevent further growth and to the point where there are no standing cotton stalks or regrowth. (1)-(3) (No change.) (4) Zone 4. (A) (No change.) (B) Stalk destruction dates.
    [date:] All counties except for Ellis County:
      on or before November 30; for Ellis County: on or before January 30
        . (5)-(6) (No change.) (b)-(c) (No change.) Issued in Austin, Texas, on December 30, 1994. TRD-9452990 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: December 30, 1994 Expiration date: February 3, 1995 For further information, please call: (512) 463-7583