EMERGENCY RULESAn 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 20.Cotton Pest Control SUBCHAPTER C.Stalk Destruction Program, 4 TAC sec.20.22 The Department of Agriculture (the department) adopts on an emergency basis, an amendment to sec.20.22, concerning the authorized cotton destruction date for Pest Management Zone 2 Area 2 and Zone 2 Area 3. The department is acting on behalf of cotton farmers in Zone 2 Area 2 which consists of Jim Wells, Kleberg, Nueces, and the northern portion of Kenedy County encompassing the area above an east-west line through Katherine and Armstrong, Texas. The department is also acting on behalf of cotton farmers in Zone 2 Area 3 which consists of Aransas, San Patricio and south and east of U.S. Highway 59 in Bee and Live Oak. The current cotton destruction deadline for Zone 2 Area 2 is September 20 and the current destruction deadline for Zone 2 Area 3 is September 25. The cotton destruction deadlines will be extended through October 1 for both these areas. 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 dates for all counties in Pest Management Zone 2 Area 2 and Zone 2 Area 3. The unusually wet weather prior to the cotton destruction period has prevented many cotton producers from destroying cotton by the September 20 and September 25 deadlines. A failure to act to extend the cotton destruction deadlines could create a significant economic loss to Texas cotton producers and the state's economy. The department believes that extending the cotton destruction deadlines in Pest Management Zone 2, Areas 2 and 3 as requested will not result in a significant increase in pest populations in the zone. The emergency amendment to sec.20.22(a) will extend the dates for cotton destruction through October 1 of this year in Zone 2 Area 2 which consists of Jim Wells, Kleberg, Nueces, and the northern portion of Kenedy County encompassing the area above an east-west line through Katherine and Armstrong, Texas and Zone 2 Area 3 which consists of Aransas, San Patricio and south and east of U.S. Highway 59 in Bee and Live Oak. 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 cotton pests 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.20.22.Stalk Destruction Requirements. (a) Deadlines and methods. All cotton plants in a pest management zone shall be destroyed, regardless of the method used, by the stalk destruction dates indicated for the zone. Destruction shall be accomplished by the methods described as follows: Figure: 4 TAC sec.20.22(a) (b)-(c) (No change.) Issued in Austin, Texas, on September 20, 1996. TRD-9613828 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: September 20, 1996 Expiration date: October 5, 1996 For further information, please call: (512) 463-7583