Texas Register, Volume 38, Number 39, Pages 6341-6746, September 27, 2013 Page: 6,351
6341-6746 p. ; 28 cm.View a full description of this periodical.
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PROPOSED
Proposed rules include new rules, amendments to existing rules, and repeals of existing rules.
UL ES A state agency shall give at least 30 days' notice of its intention to adopt a rule before it
adopts the rule. A state agency shall give all interested persons a reasonable opportunity to
submit data, views, or arguments, orally or in writing (Government Code, Chapter 2001).
Symbols in proposed rule text. Proposed new language is indicated by underlined text. [Squar b anekeds-aitghJ
indicate existing rule text that is proposed for deletion. "(No change)" indicates that existing rule text at this level will not be
amended.TITLE 4. AGRICULTURE
PART 1. TEXAS DEPARTMENT OF
AGRICULTURE
CHAPTER 21. CITRUS
The Texas Department of Agriculture (the department) proposes
amendments to Chapter 21, 21.1, concerning citrus quaran-
tine definitions; the repeal of 21.30 and new 21.30, concern-
ing citrus budwood certification program; and new Subchapter
D, 21.60 - 21.68, concerning citrus nursery stock certification
program. The amendments, repeal, and new sections were de-
veloped with the advice of the Citrus Budwood Advisory Council
established in Texas Agriculture Code, 19.005. The amend-
ments, repeal, and new sections are proposed to consolidate
and clarify definitions, amend requirements for movement of cit-
rus budwood and citrus plants, clarify requirements for certified
budwood, and provide a regulatory framework for the propa-
gation and growing of citrus nursery stock propagated for the
purpose of sale within the citrus zone for commercial and non-
commercial use. These amendments, repeal, and new rules are
proposed to implement requirements found in Texas Agriculture
Code, 19.615 - 19.622, relating to combatting the spread of
citrus greening, and to implement the new requirements of Sen-
ate Bill 1427 (SB 1427), passed by the 83rd Regular Session of
the Texas Legislature (2013).
In addition, the amendments, repeal, and new sections are pro-
posed in order to effectively combat and prevent the spread of
citrus greening to non-infected areas, including to commercial
citrus groves, citrus nursery plant production areas and orna-
mental citrus in Texas and other states. The citrus and nursery
industries are in peril because without the adoption of the pro-
posed amendments, repeal, and new sections, the spread of cit-
rus greening disease would be difficult to combat. The proposed
amendments, repeal, and new regulations take necessary steps
to combat the spread of infection, thus protecting the state's vital
citrus fruit and nursery plants.
Amendments to 21.1 consolidate definitions in that section with
certain definitions currently in 21.30, which is proposed for re-
peal, and include new definitions to clarify terms in Chapter 21.
New 21.30 clarifies regulatory requirements for certified bud-
wood. New 21.60 delineates the scope of the Citrus Nursery
Stock Certification Program. New 21.61 sets specific struc-
tural requirements for facilities for the propagation and growing
of citrus nursery stock. New 21.62 describes application pro-
cedures and sets fees for certified citrus nurseries. New 21.63
sets sanitation requirements for facilities for the propagation and
growing of certified citrus nursery stock in or for movement into
the citrus zone. New 21.64 establishes requirements for prop-
agating and growing rootstock. New 21.65 sets requirementsfor propagation and growing of citrus nursery stock, foundation
trees, increase trees, and rootstock. New 21.66 establishes
labeling requirements for citrus nursery stock. New 21.67 sets
recordkeeping requirements. New 21.68 establishes criteria for
stop-sale orders issued for violations of regulations related to the
Citrus Nursery Stock Certification Program.
Dr. Awinash Bhatkar, coordinator for environmental and biose-
curity programs, has determined that for the first five-year period
the proposed amendments, repeal, and new sections are in ef-
fect, there will be fiscal implications, in the form of an increase
in fee revenue, for state government as a result of enforcing and
administering the amendments, repeal, and new sections, as
proposed. Fees will be imposed on regulated facilities for the
purpose of cost recovery, as required by Texas Agriculture Code,
12.0144 and 19.010. Application and reinspection fees will be
charged on the basis of $100 for facilities with an enclosed in-
sect exclusionary area of up to 25,000 square feet, plus $50 for
each additional 25,000 square feet or fraction thereof. An annual
certification fee will be charged on the basis of $575 for facilities
with an enclosed insect exclusionary area of up to 25,000 square
feet, plus $175 for each additional 25,000 square feet or fraction
thereof. It is estimated there will be one application inspection
and that each year there will be six routine inspections of certi-
fied facilities to determine compliance. It cannot be determined
how many reinspections may be necessary. It cannot be deter-
mined how many facilities will seek nursery certification, but the
department estimates the number may be 6 to 10. There will be
no fiscal implications for local government as a result of the ad-
ministration and enforcement of the amendments, repeal, and
new sections.
Dr. Bhatkar has also determined that for each of the first five
years the proposed amendments, repeal, and new sections
are in effect, the public benefit anticipated as a result of en-
forcing the proposed sections will be reduction in the spread of
citrus greening disease due to plant production activities and
increased protection of export markets. There will be costs to
nurseries, including small and/or micro-businesses related to
installing screen house facilities and labeling plants. In order to
comply with the proposed amendments, repeal, and new sec-
tions, businesses that produce citrus nursery stock or rootstock
for sale in the citrus zone will be required to propagate and grow
in facilities certified to meet sanitation, recordkeeping and struc-
tural requirements. The cost of certification will be calculated
based on the number of square feet of insect resistant facilities.
The cost of required facilities, sanitation and recordkeeping
requirements cannot be determined because it will depend
on factors such as the volume of articles being propagated
and grown, facilities design, plant density, production time and
costs associated with required repairs of natural or manmade
damage to regulated structures. Consequently, the specific
cost to impacted businesses cannot be determined at this time.PROPOSED RULES September 27, 2013 38 TexReg 6351
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Texas. Secretary of State. Texas Register, Volume 38, Number 39, Pages 6341-6746, September 27, 2013, periodical, September 27, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342084/m1/11/: accessed March 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.