TITLE 4. AGRICULTURE

PART 1. TEXAS DEPARTMENT OF AGRICULTURE

CHAPTER 1. GENERAL PROCEDURES

SUBCHAPTER R. ZERO AGRICULTURAL PEST AND DISEASE GRANT PROGRAM

4 TAC §§1.1200 - 1.1206

The Texas Department of Agriculture (Department) proposes new Title 4, Part 1, Chapter 1, Subchapter R, §§1.1200 - 1.1206 to the Texas Administrative Code, providing rules for the establishment, implementation, and administration of the Zero Agricultural Pest and Disease Grant Program (Program), including eligibility, use of funds, application, and reporting requirements.

Section 1.1200 outlines the purpose of the Program.

Section 1.1201 provides the authority for and outlines the method of administration of the Program.

Section 1.1202 delineates the applicant eligibility requirements to participate in the Program.

Section 1.1203 describes allowable activities for use of funds in the Program.

Sections 1.1204, 1.1205, and 1.1206 identify requirements related to Program administration, including the application process and requirements, and reporting requirements.

The Department has determined that the proposal will not affect a local economy, so the Department is not required to prepare a local employment impact statement under Texas Government Code, §2001.022.

Karen Reichek, Administrator for Trade and Business Development, has determined for each year of the first five years the proposed rules are in effect, there will be no fiscal impact to state government as a result of implementing the proposed rules. For each year of the first five years the proposed rules are in effect, Ms. Reichek does not expect any costs to local governments.

Ms. Reichek has also determined that for each year of the first five years the proposed rules are in effect, the public benefit anticipated as a result of the proposed rules will be to provide an effective and efficient means for the Department to carry out plant pest and disease detection and implement a plant pest and disease detection and surveillance program to protect Texas agriculture. There are no anticipated economic costs for persons required to comply with the proposed rules. There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the implementation of the proposed rules, therefore preparation of an economic impact statement and a regulatory flexibility analysis, as detailed under Texas Government Code, §2006.002 is not required.

Ms. Reichek has also provided the following government growth impact statement, as required by Texas Government Code, §2001.0221. For the first five years the proposed rules are in effect:

1. the proposed rules do not create a government program;

2. implementation of the proposed rules does not require the creation or the elimination of employee positions;

3. implementation of the proposed rules will not require an increase or decrease in future legislative appropriations to the Department;

4. there will be no increase or decrease in fees paid to the Department;

5. the proposed rules will create new regulations;

6. there will be no expansion, limitation, or repeal of existing regulations;

7. there will be no increase or decrease of the number of individuals subject to the rules' applicability; and

8. the proposed rules will positively affect this state's economy by mitigating the impact of pests and diseases that hinder the productivity of agriculture and the related economy.

Written comments on the proposal may be submitted to Ms. Karen Reichek, Administrator for Trade and Business Development, Texas Department of Agriculture at the following address: Karen Reichek, Administrator for Trade and Business Development, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, or by email to: Karen.Reichek@TexasAgriculture.gov. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register.

The new rules are proposed pursuant to §12.016 of the Texas Agriculture Code (Code), which authorizes the Department to adopt rules as necessary for the administration of its powers and duties under the Code and to implement Chapter 71, subchapter E of the Code, which directs the Department to establish a plant pest and disease detection and surveillance program.

The code affected by the proposal is Texas Agriculture Code, Chapters 12 and 71.

§1.1200.Statement of Purpose.

The Zero Agricultural Pest and Disease (ZAPD) Grant Program is designed to provide grants to eligible institutions of higher education to conduct plant pest and disease detection and surveillance to detect plant pests and diseases newly introduced to this state or to a certain area of the state before a pest or disease becomes established or an infestation of a pest or outbreak of a disease becomes too large and costly to eradicate or control.

§1.1201.Administration.

(a) The department shall administer the ZAPD Grant Program pursuant to Texas Agriculture Code, Chapter 71, Subchapter E, subject to the availability of funds.

(b) The department shall approve a standard grant application for each grant cycle. The request for grant applications, standard application form, and related guidance materials for the ZAPD grant shall state, as appropriate, the purpose of the grant program, eligibility criteria, information identified by department as required for funding consideration, selection criteria, due date for submission of applications, and estimated award date.

(c) The department, in consultation with the State Seed and Plant Board and other interested parties, as defined in Texas Agriculture Code, §71.201(3), shall review submitted applications according to the published selection criteria in the request for grant application and make funding recommendations to the Commissioner.

§1.1202.Eligibility.

An institution of higher education, as defined in Texas Education Code, Section 61.003, that agrees to conduct plant pest and disease detection and surveillance, is eligible to apply for a grant under this subchapter if the department determines that:

(1) the institution of higher education is in a region of this state that has a high risk of being affected by one or more plant pests or diseases based on:

(A) the region's conduciveness to agricultural pest and disease establishment due to location, agricultural commodities produced, climate, crop diversity, or natural resources, or

(B) the department's determination that an agricultural pest or disease in the region is a matter of state or federal concern; and

(2) the proposed grant project will likely:

(A) prevent the introduction, establishment, or widespread dissemination of plant pests and diseases; and

(B) provide a comprehensive approach to complement federal and state plant pest and disease detection efforts.

§1.1203.Use of Grant Funds.

The expenditure of grant funds by a grant recipient shall be documented and the funds used only for activities directly related to the purpose of the ZAPD Grant Program.

§1.1204.Filing Requirements; Consideration of Project Requests; Grant Awards.

(a) Applications must be submitted in the manner specified in the request for grant applications and in accordance with this subchapter.

(b) Eligible applicants shall submit a project request in the format prescribed by the department in the request for grant applications issued for the ZAPD Grant Program. Project requests must describe the project activities to be carried out, propose budget expenditures, reflect an estimated timeline for completion of activities, and include any other information required by the department.

(c) Maximum grant amounts for project awards shall be published in the request for grant applications.

§1.1205.Late or Ineligible Applications.

(a) The department shall not consider applications submitted after the published due date unless the deadline has been revised for all applicants.

(b) The department will perform an administrative review to determine applicant eligibility and responsiveness to the request for grant applications.

(c) Applications submitted by ineligible applicants will not receive funding consideration.

(d) Applications that are not fully responsive to the request for grant applications will not be considered during the competitive review process.

(e) Determinations of late or ineligible applications are final and not subject to an appeal process.

§1.1206.Reporting Requirements.

Grant recipients shall submit required reports in accordance with department procedures, and as specified in the grant agreement entered into by the department and the grant recipient.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 16, 2023.

TRD-202302195

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: July 30, 2023

For further information, please call: (512) 936-9360


CHAPTER 3. BOLL WEEVIL ERADICATION PROGRAM

SUBCHAPTER K. MAINTENANCE PROGRAM

4 TAC §3.702, §3.705

The Texas Department of Agriculture (Department) proposes amendments to Texas Administrative Code, Title 4, Part 1, Chapter 3, Subchapter K, §3.702, concerning West Texas Maintenance Area and §3.705, concerning East Texas Maintenance Area.

The proposed amendment to §3.702 updates the status of the West Texas Maintenance Area from functionally eradicated to eradicated, as currently reflected in Title 4, Part 1, Chapter 20, §20.14, concerning Eradicated Areas.

The proposed amendment to §3.705 changes the status of the East Texas Maintenance Area from functionally eradicated to eradicated. The proposed amendment corresponds to proposed amendments to Title 4, Part 1, Chapter 20, §20.13, concerning Functionally Eradicated Areas and §20.14, concerning Eradicated Areas. Those proposed amendments change the status of two of the four Boll Weevil Eradication Zones in the East Texas Maintenance Area from functionally eradicated to eradicated, therefore, the entire maintenance area has been declared eradicated.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT: Mr. Phillip Wright, Administrator for Regulatory Affairs for Agriculture and Consumer Protection, has determined that for the first five-year period the proposed amendments are in effect, there will be no fiscal implications for the state or local governments as a result of enforcing or administering the rules.

PUBLIC BENEFITS AND PROBABLE ECONOMIC COSTS: Mr. Wright has determined that for each year of the first five years the proposed amendments are in effect, the public benefit will be an increase in the effectiveness of boll weevil and pink bollworm eradication efforts throughout the State as a result of updating the status of eradication zones.

LOCAL EMPLOYMENT IMPACT STATEMENT: Mr. Wright has determined that the proposed amendments will not affect a local economy, so the Department is not required to prepare a local employment impact statement under Texas Government Code, §2001.022.

GOVERNMENT GROWTH IMPACT STATEMENT: Pursuant to Texas Government Code, §2001.0221, Mr. Wright provides the following Government Growth Impact Statement for the proposed amendments. For each year of the first five years the proposed amendments will be in effect, the Department has determined the following:

(1) no government programs will be created or eliminated;

(2) no employee positions will be created or eliminated;

(3) there will be no increase or decrease in future legislative appropriations to the Department;

(4) there will be no increase or decrease in fees paid to the Department;

(5) no new regulations will be created by the proposed amendments;

(6) there will be no expansion, limitation, or repeal of existing regulations;

(7) there will be no increase or decrease in the number of individuals subject to the rules; and

(8) there will be no positive or adverse effect on the Texas economy.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES: The Department has determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed amendments, therefore preparation of an economic impact statement and a regulatory flexibility analysis, as detailed under Texas Government Code, §2006.002, is not required.

Written comments on the proposed amendments may be submitted by mail to Mr. Morris Karam, Assistant General Counsel, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, or by email to morris.karam@texasagriculture.gov. Comments must be received no later than 30 days from the date of publication of the proposed amendments in the Texas Register.

The amendments are proposed pursuant to Section 74.120 of the Texas Agriculture Code (Code), which allows the Department to adopt rules as necessary to carry out the purposes of Chapter 74, and Section 74.204 of the Code, which allows the Department to adopt rules to implement and a boll weevil maintenance program under Chapter 74, Subchapter F of the Code.

The code affected by the proposed amendments is Texas Agriculture Code, Chapter 74.

§3.702.West Texas Maintenance Area.

(a) (No change.)

(b) In each of the eleven (11) existing contiguous eradication zones listed in subsection (a) of this section, the commissioner has determined that:

(1) the boll weevil has been [functionally] eradicated;

(2) - (4) (No change.)

(c) (No change.)

§3.705.East Texas Maintenance Area.

(a) (No change.)

(b) In each of the four (4) existing contiguous eradication zones listed in subsection (a) of this section, the Commissioner has determined that:

(1) the boll weevil has been [functionally] eradicated;

(2) - (4) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 13, 2023.

TRD-202302146

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: July 30, 2023

For further information, please call: (512) 936-9360


CHAPTER 19. QUARANTINES AND NOXIOUS AND INVASIVE PLANTS

SUBCHAPTER L. PECAN WEEVIL QUARANTINE

4 TAC §19.121, §19.123

The Texas Department of Agriculture (Department) proposes amendments to Texas Administrative Code, Title 4, Part 1, Chapter 19, Quarantines and Noxious and Invasive Plants, Subchapter L, Pecan Weevil Quarantine, §19.121, Quarantined Areas, and §19.123, Restrictions.

The Department identified the need for the proposed amendments during its rule review conducted pursuant to Texas Government Code, §2001.039, the adoption of which can be found in the Review of Agency Rules section of this issue.

The proposed amendments to §19.121 add Lea and Otero Counties of New Mexico to the list of quarantined areas for pecan weevil to create consistency with New Mexico's interior pecan weevil quarantine rule (21.17.36.8, New Mexico Administrative Code (NMAC)), which designates Lea and Otero Counties as quarantined areas in addition to Eddy and Chaves Counties. The proposed amendments also add Pecos County to the list of pecan weevil free areas in Texas not subject to quarantine. The addition of Pecos County has been requested by the Texas Pecan Board after a program administered by the Pecos County Extension agent showed that weevil trap counts in 2021 and 2022 yielded zero catch of pecan weevil.

The proposed amendments to §19.123 change the methods to treat pecans for pecan weevil in order to align pecan treatment methods in Texas with those outlined in New Mexico's interior (21.17.36.11 NMAC) and exterior (21.17.28.11 NMAC) pecan weevil quarantine rules. Given the interstate nature of the pecan industry in Texas and New Mexico, the Department has determined that these methods will be more effective at countering the spread of pecan weevils and benefit pecan producers.

LOCAL EMPLOYMENT IMPACT STATEMENT: The Department has determined that the proposed amendments will not affect a local economy, so the Department is not required to prepare a local employment impact statement under Texas Government Code, §2001.022.

GOVERNMENT GROWTH IMPACT STATEMENT: Pursuant to Texas Government Code, §2001.0221, the Department provides the following Government Growth Impact Statement for the proposed amendments. For each year of the first five years the proposed amendments will be in effect, the Department has determined the following:

1. the proposed amendments will not create or eliminate a government program;

2. implementation of the proposed amendments will not require the creation or elimination of existing employee positions;

3. implementation of the proposed amendments will not require an increase or decrease in future legislative appropriations to the Department;

4. the proposed amendments will not require an increase or decrease in fees paid to the Department;

5. the proposed amendments do not create a new regulation;

6. the proposed amendments will not expand, limit, or repeal an existing regulation;

7. the proposed amendments will not increase or decrease the number of individuals subject to the rules; and

8. the proposed amendments will not affect this state's economy.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT: Dr. Awinash Bhatkar, Coordinator for Biosecurity and Agriculture Resource Management, has determined that for the first five-year period the proposed amendments will be in effect, there will be no fiscal implications for the state or local governments as a result of enforcing or administering the proposed amendments.

PUBLIC BENEFITS AND PROBABLE ECONOMIC COST: Dr. Bhatkar has determined that for each year of the first five-year period the proposed amendments are in effect, the public benefit will be increased consumer protection and protection of the pecan industry due to updates to these rules to reflect current Department efforts at enforcing quarantines. Dr. Bhatkar has also determined that for each year of the first five-year period the proposed amendments will be in effect, there will be no costs to persons who are required to comply with the proposed amendments.

FISCAL IMPACT ON SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES: The Department has determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed amendments, therefore preparation of an economic impact statement and a regulatory flexibility analysis, as detailed under Texas Government Code, §2006.002, is not required.

Written comments on the proposed amendments may be submitted by mail to Liat DeVere, Assistant General Counsel, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, or by email to: Liat.DeVere@TexasAgriculture.gov. Comments must be received no later than 30 days from the date of publication in the Texas Register.

The amendments are proposed under §71.001 of the Texas Agriculture Code (Code), which provides the Department with the authority to quarantine an area if it determines that a dangerous insect pest or plant disease new to and not widely distributed in this state exists in any area outside the state; §71.005 of the Code, which requires the Department to prevent the movement from a quarantined area into an unquarantined area or pest-free area, of any plant, plant product, or substance capable of disseminating the pest or disease that is the basis for the quarantine; and §71.007 of the Code, which provides the Department with the authority to adopt rules as necessary for the protection of agricultural and horticultural interests.

The code affected by the proposed amendments is Chapter 71 of the Texas Agriculture Code.

§19.121.Quarantined Areas.

The quarantined areas are:

(1) Chaves, Eddy, Lea, and Otero [and Chaves] Counties, New Mexico, and all other states and districts of the United States except Arizona, California, and the remainder of New Mexico;

(2) all areas in the State of Texas except the counties of El Paso, Hudspeth, Culberson, Jeff Davis, [and] Presidio, and Pecos.

§19.123.Restrictions.

(a) General. Quarantined articles originating from quarantined areas are prohibited entry into or through the free areas of Texas listed in this subchapter, except as provided in subsections (b) and (c) of this section.

(b) Exemptions. Movement of quarantined articles to a sheller or processing plant for treatment or further processing may be granted upon departmental review.

(c) Exceptions. All quarantined articles must be free of husk and accompanied by a state certificate certifying that the products were treated using one of the following methods [in the following manner]:

(1) storage in an approved cold storage chamber at or below zero degrees Fahrenheit for a period of seven consecutive days (168 hours) after the entire lot reaches zero degrees Fahrenheit as determined by facility standard operating procedures approved by the department;

(2) storage in an approved cold storage chamber at 12.2 degrees Fahrenheit for a period of 14 consecutive days (336 hours) after the entire lot reaches 12.2 degrees Fahrenheit as determined by facility standard operating procedures approved by the department;

(3) immersion in at least 140 degrees Fahrenheit water for a period of at least five minutes; or

(4) other treatment methods approved under a compliance agreement with the department.

[(1) dipped in water at a temperature of at least 140 degrees Fahrenheit for 30 seconds. It is not necessary to dip the parts of a tree that will be below ground level; or]

[(2) held at a temperature of 0 degrees Fahrenheit for a period of 168 consecutive hours or longer after the entire lot has reached the desired temperature; or]

[(3) alternate treatments may be approved upon departmental review.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 15, 2023.

TRD-202302168

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: July 30, 2023

For further information, please call: (512) 936-9360


CHAPTER 20. COTTON PEST CONTROL

SUBCHAPTER B. QUARANTINE REQUIREMENTS

4 TAC §20.13, §20.14

The Texas Department of Agriculture (Department) proposes amendments to the Texas Administrative Code, Title 4, Part 1, Chapter 20, Subchapter B, §20.13, concerning Functionally Eradicated Areas and §20.14, concerning Eradicated Areas.

The proposed amendments are the result of a request from the Texas Boll Weevil Eradication Foundation (Foundation) to change the status of the Upper Coastal Bend (UCB) and South Texas Winter Garden (STWG) Boll Weevil Eradication Zones from functionally eradicated areas to eradicated areas.

This request followed a recommendation from the Foundation's Technical Advisory Committee (Committee) to the Foundation's Board of Directors (Board). The Committee based its recommendation on its evaluation of data concerning the presence of boll weevils in the two zones to determine if they qualified for a change in quarantine status. The Committee's evaluation was based on the criteria for an "eradicated area" contained in §20.1.

The Committee's data consisted of weevil counts in traps placed in cotton fields in the two zones. Each year, traps are placed around cotton fields in each zone at certain densities recommended by the Committee. In 2022, no weevils were captured in the two zones. No weevils have been captured in the UCB and STWG since 2010 and 2020, respectively. Also, Foundation staff conducted observations in cotton fields in the two zones and found no evidence of weevil damage or reproduction. In addition, the Foundation did not receive any reporting on boll weevil punctures or activity from consultants or Texas A&M AgriLife Extension Service personnel during these time periods.

The Committee presented its recommendation at the Board's meeting on November 9, 2022, which the Board accepted.

On May 10, 2023, the National Cotton Council, which describes itself as the central organization for the United States' cotton industry, sent the Department a letter supporting the Foundation's recommendation.

The proposed amendments to §20.13 remove the UCB and STWG Boll Weevil Eradication Zones from the list of functionally eradicated areas.

The proposed amendments to §20.14 replace the Northern Blacklands (NBL) Boll Weevil and Southern Blacklands (SBL) Eradication Zones with the East Texas Maintenance Area. With the addition of the UCB and STWG to the list of eradicated areas, all four eradication zones within the East Texas Maintenance Area, including the UCB and STWG Boll Weevil Eradication Zones, have eradicated status. Adding the East Texas Maintenance Area as opposed to adding more of its constituent eradications zones would simplify the rule's language. The proposed amendments also make editorial changes for clarity.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT: Mr. Phillip Wright, Administrator for Regulatory Affairs for Agriculture and Consumer Protection, has determined that for the first five-year period the proposed amendments are in effect, there will be no fiscal implications for the state or local governments as a result of enforcing or administering the rules.

PUBLIC BENEFITS AND PROBABLE ECONOMIC COSTS: Mr. Wright has determined that for each year of the first five years the proposed amendments are in effect, the public benefit will be an increase in the effectiveness of boll weevil and pink bollworm eradication efforts throughout the State as a result of updating the status of eradication zones.

LOCAL EMPLOYMENT IMPACT STATEMENT: Mr. Wright has determined that the proposed amendments will not affect a local economy, so the Department is not required to prepare a local employment impact statement under Texas Government Code, §2001.022.

GOVERNMENT GROWTH IMPACT STATEMENT: Pursuant to Texas Government Code, §2001.0221, Mr. Wright provides the following Government Growth Impact Statement for the proposed amendments. For each year of the first five years the proposed amendments will be in effect, the Department has determined the following:

(1) no government programs will be created or eliminated;

(2) no employee positions will be created or eliminated;

(3) there will be no increase or decrease in future legislative appropriations to the Department;

(4) there will be no increase or decrease in fees paid to the Department;

(5) no new regulations will be created by the proposed amendments;

(6) there will be no expansion, limitation, or repeal of existing regulations;

(7) there will be no increase or decrease in the number of individuals subject to the rules; and

(8) there will be no positive or adverse effect on the Texas economy.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES: The Department has determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed amendments, therefore preparation of an economic impact statement and a regulatory flexibility analysis, as detailed under Texas Government Code, §2006.002, is not required.

Written comments on the proposed amendments may be submitted by mail to Mr. Morris Karam, Assistant General Counsel, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, or by email to morris.karam@texasagriculture.gov. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register.

The amendments are proposed under Section 74.006 of the Texas Agriculture Code (Code), which provides the Department with the authority to adopt rules as necessary for the effective enforcement and administration of the cotton pest control program and Section 74.004 of the Code, which provides the Department with the authority to establish regulated areas, dates, and appropriate methods of destruction of cotton stalks, other cotton parts, and products of host plants for cotton pests.

The code affected by the proposed amendments is Texas Agriculture Code, Chapter 74.

§20.13.Functionally Eradicated Areas.

(a) (No change.)

[(b) The Upper Coastal Bend (UCB) Boll Weevil Eradication Zone and the South Texas Winter Garden (STWG) Boll Weevil Eradication Zone, as defined in §3.117 of this title (relating to Upper Coastal Bend Boll Weevil Eradication Zone) and the Texas Agriculture Code, §74.1021, have been declared as functionally eradicated by the commissioner.]

(b) [(c)] The department will recognize as functionally eradicated any areas outside of Texas that are declared functionally eradicated by that state's department of agriculture if that state's definition of a functionally eradicated area is equivalent to the definition of a functionally eradicated area in §20.1 of this chapter (relating to Definitions).

(c) [(d)] The department has determined that the definitions of a functionally eradicated area of New Mexico and Oklahoma departments of agriculture are equivalent to the definition of a functionally eradicated area in §20.1 of this chapter.

§20.14.Eradicated Areas.

(a) The commissioner may grant a request for [declaration of] an area in Texas to be declared [as] eradicated after a written recommendation is submitted to the department by the foundation, supported by scientific documentation acceptable to the department indicating that movement of regulated articles into the area presents a threat to the success of boll weevil eradication.

(b) The West Texas Maintenance Area, as provided in §3.702 of this title (relating to West Texas Maintenance Area), and the East Texas Maintenance Area, as provided in §3.705 of this title (relating to East Texas Maintenance Area) [the Northern Blacklands (NBL) Boll Weevil Eradication Zone, as provided in §3.116 of this title (relating to Northern Blacklands Boll Weevil Eradication Zone), and the Southern Blacklands (SBL) Boll Weevil Eradication Zone, as provided in §3.114 of this title (relating to Southern Blacklands Boll Weevil Eradication Zone),] have been declared [as] eradicated areas by the commissioner.

(c) - (d) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 12, 2023.

TRD-202302135

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: July 30, 2023

For further information, please call: (512) 936-9360