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 3, Areas 1 and 2. The department is acting on behalf of cotton farmers in Zone 3, Area 1, which includes Jackson and Matagorda counties and that portion of Wharton County west of the Colorado River, and Zone 3, Area 2 which includes Austin, Brazoria, and Fort Bend counties and that portion of Wharton County east of the Colorado River. The current cotton destruction deadline is October 15 in both areas. The cotton destruction deadline will be extended through October 22 for Zone 3, Area 1 and thru October 30 for Zone 3, Area 2. The department believes that changing the cotton destruction date is both necessary and appropriate. In a previous emergency filing, the department extended the destruction deadline for Zone 3, Area 1 from October 1 to October 15. That amendment and this filing are effective only for the 1996 crop year. Adverse weather conditions have created a situation compelling an immediate extension of the cotton destruction dates for all counties in Pest Management Zone 3, Areas 1 and 2. The unusually wet weather prior to the cotton destruction period has prevented many cotton producers from destroying cotton by the October 15 deadline. 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 emergency amendment to sec.20.22(a) will extend the dates for cotton destruction through October 22 of this year for Zone 3, Area 1, which includes Jackson and Matagorda counties and that portion of Wharton County west of the Colorado River, and through October 30 of this year for Zone 3, Area 2 which consists of Austin, Brazoria, and Fort Bend and that portion of Wharton County east of the Colorado River. 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 changes.) Issued in Austin, Texas, on October 11, 1996. TRD-9614915 Dolores Alvarado Hibbs Deputy General Counsel Texas Department of Agriculture Effective date: October 11, 1996 Expiration date: November 1, 1996 For further information, please call: (512) 463-7583 TITLE 31. NATURAL RESOURCES AND CONSERVATION PART I. General Land Office CHAPTER 15.Coastal Area Planning SUBCHAPTER A.Management of the Beach/Dune System 31 TAC sec.15.13 The General Land Office adopts on an emergency basis new sec.15.13, concerning emergency provisions for the emergency stabilization and repair of damaged habitable structures in imminent danger of collapse located on gulf-fronting property. Some local governments have already identified areas where structures are in imminent danger of collapse, and have notified the General Land Office and the Office of the Attorney General of the identified areas. These areas include: the unincorporated areas of Caplen Beach and Gilchrist Beach, Galveston County, Texas, the Bermuda Beach, Pirates Beach and Spanish Grant subdivisions in Galveston, Galveston County, Texas, the City of Jamaica Beach, Texas, the Village of Surfside Beach, Texas, and the Treasure Island subdivision in Brazoria County, Texas. Other local governments also may identify areas where habitable structures are in imminent danger of collapse and thereby allow emergency stabilization of habitable structures as authorized by this rule in subsection (h) after notifying the General Land Office and the Office of the Attorney General of the identified areas. Upon receipt of such notification, the General Land Office and the Office of the Attorney General will send written concurrence of the eligibility of the identified areas. The section is adopted on an emergency basis due to the imminent peril to the public health, safety and welfare caused by high tides and erosion resulting from tropical storm Josephine. As a result of tropical storm Josephine, October 4-7, 1996, extreme tides which greatly exceeded normal levels caused substantial coastal flooding and erosion. The structural integrity of many homes in Galveston County, Texas and Brazoria County, Texas has been severely impacted as a result of these natural forces. Following the effects of tropical storm Josephine, concerned citizens along the Texas coast requested immediate assistance from the General Land Office. General Land Office staff met with local government staff and officials and determined the necessity for an emergency rule allowing for the emergency stabilization of habitable structures in imminent danger of collapse and which will provide for the temporary suspension of the permit and certificate application requirements for these emergency stabilization techniques and methods. The General Land Office has determined that a takings impact assessment (TIA) is not required for the adoption of this amendment because the rule is adopted in response to a real and substantial threat to public health and safety. An analysis of the applicability of the exemption from the TIA requirement has been prepared and is available from to Cheli Cook, General Land Office, Legal Services Division, 1700 North Congress Avenue, Room 626, Austin, Texas 78701- 1495, facsimile number (512) 463-6311. The new section is adopted on an emergency basis under the Texas Natural Resources Code, sec.sec.63.121, 61.011, and 61.015(b), which provides the General Land Office with the authority to: identify and protect critical dune areas; preserve and enhance the public's right to use and have access to and from Texas' public beaches; protect the public easement from erosion or reduction caused by development or other activities on adjacent land; and other minimum measures needed to mitigate for any adverse effect on public access and within the beach/dune system. The new section is also adopted pursuant to the Texas Natural Resources Code, sec.33.601, which provides the General Land Office with the authority to adopt rules on erosion, and the Texas Water Code, sec.16.321, which provides the General Land Office with the authority to adopt rules on coastal flood protection. sec.15.13.Emergency Stabilization of Habitable Structures Damaged by Tropical Storm Josephine. (a) Purpose. The purpose of this rule is to allow local governments to grant property owners the immediate ability to undertake emergency stabilization of damaged habitable structures which are on gulf-fronting property and are in imminent danger of collapse due to extreme tides which greatly exceeded normal high tide levels as a direct result of tropical storm Josephine. (b) Applicability. This rule is limited to the designated areas that have received prior approval from the General Land Office and Office of the Attorney General. This rule shall be in effect for 30 days from the date of filing with the Office of the Secretary of State and may be extended by the Land Commissioner for an additional 30 days as necessary to protect public health, safety and welfare. (c) Definitions. The following words and terms, when used in this section, shall have the following meanings: (1) Habitable structures. Structures suitable for human habitation including, but not limited to, single or multi-family residences, hotels, condominium buildings, and buildings for commercial purposes. Each building of a condominium regime is considered a separate habitable structure, but if a building is divided into apartments, then the entire building, not the individual apartments, is considered a single habitable structure. Additionally, a habitable structure includes porches, gazebos, and other attached improvements. (2) Imminent danger of collapse. Subject to imminent collapse, substantial structural damage or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. (3) Emergency stabilization. The immediate response actions that must be undertaken within 30 days to stabilize a habitable structure to eliminate danger and public threat to health, safety and welfare. (d) Local government assessment. (1) The local governments with jurisdiction over the areas where habitable structures in imminent danger of collapse are located are responsible for assessing damage to such habitable structures, determining whether the habitable structures are in imminent danger of collapse, advising property owners whether emergency stabilization procedures are required and determining appropriate emergency stabilization procedures. (2) The permit and certificate application requirements of sec.15.3(s)(4) are not applicable to the emergency stabilization of habitable structures in imminent danger of collapse. Any action that is not necessary for the emergency stabilization of such habitable structures will require a permit and/or certificate before such action is undertaken. However, all property owners eligible to undertake emergency stabilization efforts must receive prior approval for such actions from the local government officials responsible for approving such actions. Generally, property that is not fronting the Gulf of Mexico is not eligible for emergency stabilization unless the pertinent local government designates such eligibility pursuant to subsection (h) of this section (concerning expansion of geographic area). (3) The local governments authorizing emergency stabilization of structures in imminent danger of collapse shall compile and maintain a list comprised of the names and addresses of the property owners that receive such authorization. At the expiration of this rule, local governments shall submit to the General Land Office and the Office of the Attorney General copies of the list. (e) Acceptable procedures for emergency stabilization of habitable structures. (1) Habitable structures determined by the local government to be in imminent danger of collapse may be temporarily stabilized using the following: (A) fill (placed under habitable structures) consisting of beach- quality sand, clay and other locally approved "soft" materials or of a consistent grain size and compaction to stabilize the habitable structure; or/and (B) the installation of new pilings, or other methods approved by local government officials. (2) Beach-quality sand may be placed on the lot in the area immediately seaward of the habitable structure where necessary to prevent further erosion due to wind or water. Such actions are authorized in situations where protection of the land immediately seaward of a habitable structure is required to prevent foreseeable undermining of habitable structures in the event of such erosion. (f) Removal of beach debris. Local governments shall coordinate with property owners to immediately remove debris such as pilings, concrete and garbage from the public beach, where possible. (g) Repair of sewage or septic systems. If the Department of Health has made a determination that a sewage or septic system located on the public beach poses a threat to the health of the occupants of the property or public health, safety or welfare, and requires removal of the sewage or septic system, the sewage or septic system shall be located in accordance with sec.15.5(b)(1) of this title (relating to Beachfront Construction Standards) and sec.15.6(b) and sec.15.6(e)(1) of this title (relating to Concurrent Dune Protection and Beachfront Construction Standards). (h) Expansion of geographic area. Any local government may identify specific additional geographic areas along the Texas coast that require emergency stabilization of habitable structures in imminent danger of collapse as a result of tropical storm Josephine and apply this emergency rule upon receipt of written concurrence from the General Land Office and the Office of the Attorney General. (i) Prohibitions. This emergency rule does not authorize the placement of materials on the public beach or construction or repair of any erosion response structures, bulkheads, retaining walls, rip rap or other hard stabilization techniques. Such actions are prohibited and/or governed by sec.sec.15.1-15.10 of this title (relating to Management of the Beach/Dune System). (j) Assessment of the location of the vegetation line. Due to the severe flooding caused by tropical storm Josephine, the line of vegetation was impacted in many areas and now may be located under or landward of structures. Structures erected seaward of the vegetation line or that become seaward of the vegetation line due to natural processes encroach on the public beach. Under the circumstances immediately following this type of storm event, the vegetation line is unstable and subject to change. The Office of the Attorney General and the General Land Office, in cooperation with the pertinent local governments, will assess the location of the line of vegetation at a time to be determined in the future. Issued in Austin, Texas, on October 11, 1996. TRD-9614871 Garry Mauro Commissioner General Land Office Effective date: October 11, 1996 Expiration date: November 10, 1996 For further information, please call: (512) 305-9129