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 
  
  Citrus Seed, Citrus Budwood, and Citrus Nursery Stock Quarantine 
 
  4 TAC sec.5.154 
 
  The Texas Department of Agriculture (the department) adopts on an emergency 
basis, the repeal of sec.5.154, which provides an exemption from the quarantine 
prohibition on shipment of citrus plants for Florida Miniature Citrus House 
Plants. The department is acting on behalf of the Texas citrus industry. The 
repeal is necessary to prevent the introduction of brown citrus aphid, a severe 
citrus pest, and the spread of citrus tristeza, a serious citrus disease, to 
Texas. Brown citrus aphid has recently become established in Florida and is 
spreading rapidly in that state. This pest is an efficient vector of citrus 
tristeza virus, a severe citrus disease which has the potential to devastate the 
Texas citrus industry. For this reason, there is an immediate need to cease 
movement of citrus plant material originating in Florida. The department's 
failure to act immediately could result in significant loss to the Texas citrus 
industry. 
 The repeal of sec.5.154 will eliminate the exemption from the quarantine 
prohibition on shipment of citrus plants for Florida Miniature Citrus House 
Plants. 
 The repeal is adopted under the Texas Agriculture Code,  s74.007, which 
provides the Texas Department of Agriculture with the authority to adopt rules 
for the protection of agricultural and horticultural interests; and the Texas 
Government Code,  s2001.34, which provides for the adoption of administrative 
rules on an emergency basis, without notice and comment. 
 
 
  sec.5.154. Shipment of Florida Miniature Citrus House Plants. 
 
  Issued in Austin, Texas, on April 11, 1996. 
 TRD-9605058 
  Dolores Alvarado Hibbs 
 Deputy General Counsel 
 Texas Department of Agriculture 
    Effective date: August 10, 1996 
 Expiration date: April 11, 1996 
 For further information, please call: (512) 463-7583 
         
                 
  TITLE 37. PUBLIC SAFETY AND CORRECTIONS 
 Part IX. Commission on Jail Standards 
  Chapter 297. Compliance and Enforcement 
  
  37 TAC sec.297.14 
 
  The Commission on Jail Standards adopts on an emergency basis new sec.297. 14, 
concerning Compliance and Enforcement to establish rules for the housing of non-
Texas inmates in facilities under commission jurisdiction. 
 The rule is adopted on an emergency basis due to the increasing number of out 
of state inmates housed and the concern of the state leadership for the safety 
of all Texans. Additionally, as local entities continue to negotiate contracts 
daily, it is imperative the rules be effective immediately. 
 The new rule is adopted on an emergency basis under the Government Code, 
sec.511.009, which provides the Texas Commission on Jail standards with the 
authority to adopt reasonable rules and procedures establishing minimum 
standards for the operation of county jails. 
 
 
  sec.297.14. Contract With Other States For Housing Non-Texas Inmates. 
 
  (a) At a minimum all contracts shall: 
 
  (1) require facility compliance with minimum jail standards; 
   
  (2) require that all inmates confined pursuant to the contract be released 
within the jurisdiction of the sending entity; 
   
  (3) require that all inmates records concerning classification, to include 
conduct records, be reviewed by the receiving entity prior to transfer of the 
inmate; 
   
  (4) require that the receiving entity determine inmate custody level in 
accordance with Chapter 271 of this title (relating to Classification and 
Segregation of Inmates) to ensure that custody level assignments do not exceed 
the construction security level availability; 
   
  (5) require that all appropriate medical information be provided prior to 
transfer, to include certification of tuberculosis screening or treatment; and 
   
  (6) require provisions for termination of contract within 90 days by receiving 
entity. 
     
  (b) The receiving entity shall provide the Commission with a statement of 
custody level capacity and availability. 
   
  (c) All operational requirements shall meet or exceed Texas Minimum Jail 
Standards and require Commission approval prior to implementation. 
   
  (d) All receiving entities shall maintain a certificate of compliance from the 
Commission. 
   
  (e) Copies of signed contracts, along with addenda, shall be submitted to the 
Commission. 
   
  (f) The receiving entity shall promptly notify the Commission of any major 
incidents, including escapes. 
       
  Issued in Austin, Texas, on April 12, 1996. 
 TRD-9605124 
  Jack E. Crump 
 Executive Director 
 Commission on Jail Standards 
    Effective date: April 12, 1996 
 Expiration date: August 10, 1996 
 For further information, please call: (512) 463-5505