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 Sweet Potato Weevil Quarantine 4 TAC sec.5.67 The Texas Department of Agriculture (the department) adopts on an emergency basis, an amendment to sec.5.67, concerning issuance of certificate tags for the movement of restricted material from sweet potato weevil regulated areas. The current rule prohibits issuance of a permit for movement of restricted material from a sweet potato weevil regulated area into the sweet potato weevil free area of Texas under any condition. The rule will now allow special permitting by the department for movement of restricted material from a regulated area in Texas into the sweet potato weevil free area of Texas. The department has determined that immediate ability to move restricted material under special permit conditions is both necessary and appropriate, and will not present a threat of the spread of the sweet potato weevil. The Texas Sweet Potato Council is supportive of the emergency rule amendment. Currently, some produce distributors are prevented from moving sweet potatoes from one weevil free area to another weevil free area in the state because the intermediate distribution point for the sweet potatoes is located in a regulated area. Once shipped to a distribution point within the state's regulated area, the current rule prevents further movement of the sweet potatoes to a weevil free area in the state under any circumstances. The department has developed safeguard conditions for the movement of such sweet potatoes described previously that will prevent the establishment of sweet potato weevils in the weevil free area of Texas. This rule will allow the immediate movement of these sweet potatoes by a special permit from the department through compliance agreement if safeguard conditions are met. The failure to allow immediate special permitting for the movement of sweet potatoes as provided for in this preamble will create a significant economic loss to Texas sweet potato producers and the state's economy. Without immediate special permitting, sweet potatoes currently being harvested for upcoming holiday markets will be significantly affected as they make up a substantial portion of annual sales. The amendment is adopted on an emergency basis under the Texas Agriculture Code, sec.71.003, which provides the Texas Department of Agriculture with the authority to establish quarantines in areas surrounding pest free zones; sec.12. 002, which provides the Texas Department of Agriculture with the authority to encourage the proper development of agriculture, horticulture, and related industries; sec.12.016, which provides the Texas Department of Agriculture with the authority to adopt rules necessary for proper development of agriculture, horticulture, and related industries; and the Texas Government Code, sec.2001. 034, which provides for the adoption of administrative rules on an emergency basis, without notice and comment. sec.5.67. Conditions Governing the Issuance of Certificate Tags for the Movement of Restricted Material from the Regulated Areas. (a) Subject to the restriction in sec.5.67(b), a
    [A] certificate for the movement of restricted material from any regulated area in the State of Texas outside thereof may
      [will] be issued by a duly authorized inspector upon determination that: (1) the material certified is
        [be] apparently free from infestation of the sweet potato weevil; and (2) [that] the material has been produced, packed, and handled for shipment under such conditions as to eliminate any danger of the spread of weevils [, provided that no certificate will be issued for the shipment of sweet potatoes from Texas to any state which may prohibit such entry of potatoes from the area defined; and further, no permit will be issued under any condition for movement of restricted material into weevil free areas of Texas]. (b) No certificate shall be issued for the shipment of sweet potatoes from a regulated area in Texas to: (1) a sweet potato weevil free area in Texas unless they were produced in a weevil free area and moved under special permit; or (2) any state which prohibits such entry. Issued in Austin, Texas, on November 1, 1995. TRD-9514117 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: November 1, 1995 Expiration date: March 1, 1995 For further information, please call: (512) 463-7583