1. (a) The commissioner may grant a request for declaration of an area in Texas as functionally eradicated after a written recommendation is submitted to the department from 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.
2. (b) The Southern Rolling Plains and Rolling Plains Central Boll Weevil Eradication Zones, as defined in the Texas Agriculture Code, §74.1021, have been declared as functionally eradicated by the commissioner.
3. (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 the Texas Department of Agriculture determines that state's definition of a functionally eradicated area is equivalent to the definition of a functionally eradicated area in Subchapter A of this chapter (relating to General Provisions).
4. (d) The department has determined that the New Mexico and Oklahoma departments of agriculture's definitions of a functionally eradicated area are equivalent to the definition of a functionally eradicated area in Subchapter A of this chapter.

Source Note:The provisions of this §20.13 adopted to be effective July 9, 2001, 26 TexReg 4996; amended to be effective May 20, 2002, 27 TexReg 4323; amended to be effective October 7, 2004, 29 TexReg 9353.