- (a) It has been declared by the Texas Legislature in Senate Bill 30, 73rd Legislative Session, 1993, that the boll weevil presents a major economic threat to Texas' cotton crop and that it is necessary to create a Boll Weevil Eradication Foundation as a vehicle to provide for assessments of cotton producers, governing boards, and for establishing eradication zones in order to suppress and eradicate the boll weevil. It is also the intent of the Legislature that any program established for boll weevil eradication be carried out in a manner which incorporates the best available integrated pest management techniques, as well as other methods of eradication, and is implemented in a manner that poses the least possible risk to people, property, and the environment.
- (b) The Texas Department of Agriculture (the department), through the authority vested in the commissioner of agriculture (the commissioner), has been designated as the state agency responsible for general oversight of the implementation of Senate Bill 30 (enacted as the Texas Agriculture Code, Chapter 74, Subchapter B), including certifying the organization which will create the foundation, adopting guidelines and other rules for implementation of the boll weevil eradication program, enforcing the provisions of Senate Bill 30 and any rules adopted thereunder, and approving programs or projects disbursement of funds by the foundation.
- (c) In accordance with the Texas Agriculture Code (the Code), Chapter 74, Subchapter D, §74.120, the commissioner is specifically charged with adopting rules to protect individuals, livestock, wildlife, and honeybee colonies on any premises located in an eradication zone on which cotton plants are being grown that have been or are being treated as part of the boll weevil eradication program. In addition, the commissioner is charged with adopting rules establishing criteria by which the Boll Weevil Eradication Foundation (the foundation) develops its own rules, procedures, and methods of treatment. This subchapter is intended to meet the requirements of the Code, §74.120.
Source Note:The provisions of this §3.20 adopted to be effective October 15, 1993, 18 TexReg 6735.