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 6. Cotton Pest Control 4 TAC sec.6.9 The Department of Agriculture (the department) adopts on an emergency basis, an amendment to sec.6.9, concerning authorized planting and stalk destruction dates. The department is acting on behalf of cotton farmers in Kleburg and Nueces counties. The current cotton destruction deadline for these two counties is September 10. A prior emergency amendment extended the deadline for those and other counties to October 1. The cotton destruction date will now be extended through October 15 for Kleburg and Nueces Counties only. The department believes that changing the cotton destruction date is both necessary and appropriate. Adverse weather conditions have created a situation compelling an immediate extension of the cotton destruction date for certain counties in the Lower Coastal Bend. The unusually wet weather prior to the cotton destruction period has prevented many cotton producers from cotton destruction by the September 25 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 department believes that extending the cotton destruction deadline in the counties of Kleburg and Nueces as requested will not result in a significant pest population increasing in the zone. The emergency amendment to sec.6.4(a)(2)(A)(iii) will extend the date for cotton destruction through October 15 of this year in Kleburg and Nueces counties. The amendment is adopted on an emergency basis under Texas Agriculture Code, sec.74.006, which provides the Texas Department of Agriculture with the authority to adopt rules as necessary for the effective enforcement and administration of Chapter 74, Subchapter A; and sec.74.004, which provides the department with the authority to establish regulated areas, dates and appropriate methods of destruction of stalks, other parts, and products of host plants for boll weevil and provides the department with the authority to consider a request for a cotton destruction extension due to adverse weather conditions; and the Government Code, sec.2001.34, which provides for the adoption of administrative rules on an emergency basis, without notice and comment. sec.6.9. Authorized Planting and Stalk Destruction Dates. (a) All cotton plants in any of the pest management zones set forth in sec.6.7 of this title (relating to Pest Management Zones) shall be planted within and mechanically destroyed by the authorized planting and stalk destruction dates indicated for each zone. Destruction shall be accomplished by the methods described as follows. (1) (No change.) (2) Zone 2. (A) Area (1). (i) (No change.) (ii) Cotton destruction date: on or before September 10 except for Kleberg and Nueces Counties which is on or before October 15
    . (iii) (No change.) (B)-(C) (No change.) (3)-(9) (No change.) (b)-(c) (No change.) Issued in Austin, Texas, on October 2, 1995. TRD-9512511 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: October 2, 1995 Expiration date: October 18, 1995 For further information, please call: (512) 463-7583