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Texas Agriculture Code - Section 74.120. Authority To Adopt Rules

Legal Research Home > Texas Lawyer > Agriculture Code > Texas Agriculture Code - Section 74.120. Authority To Adopt Rules

§ 74.120. AUTHORITY TO ADOPT RULES.  (a) The commissioner 
shall adopt rules to protect individuals, livestock, wildlife, and 
honeybee colonies on any premises in an eradication zone on which 
cotton plants are being grown that have been or are being treated to 
eradicate the boll weevil or the pink bollworm.
	(b)  Rules adopted under this section shall establish the 
criteria by which the foundation develops its procedures and 
methods of treatment, which shall:
		(1)  establish a methodology for determining when boll 
weevil or pink bollworm population levels have reached economic 
significance;
		(2)  establish an effective treatment regimen that 
seeks to provide the least possible risk to workers, the public, and 
the environment;
		(3)  minimize the effects of the use of pesticides on 
long-term control methods, including but not limited to the effect 
a particular pesticide may have on biological controls;
		(4)  establish methods for monitoring boll weevils, 
pink bollworms, and secondary pests;
		(5)  establish methods for verifying pesticide use 
reduction;  and          
		(6)  consider the acute and chronic toxicity of 
particular pesticides and the quantity of particular pesticides 
needed.  Eradication zone treatment plans may take into account the 
potential for the use of smaller quantities of more toxic 
substances to result in fewer health and environmental risks than 
larger quantities of less toxic substances.
	(c)  The commissioner may adopt other reasonable rules 
necessary to carry out the purposes of this subchapter and 
Subchapters A and B of this chapter.  All rules issued under this 
subchapter must be adopted and published in accordance with state 
requirements. 
	(d)  An advisory committee may be established to assist the 
commissioner in the development of rules adopted under this 
section.  The advisory committee may be composed of:
		(1)  three cotton growers from different regions of the 
state, appointed by the commissioner;
		(2)  three entomologists with knowledge of the 
principles of integrated pest management, at least one of whom has 
special knowledge of nonchemical or biological pest control, 
appointed by the commissioner;
		(3)  two individuals with experience representing the 
general interests of the environment, appointed by the chair of the 
Texas Natural Resource Conservation Commission;
		(4)  an environmental engineer with expert knowledge of 
ground and surface water protection from contamination, appointed 
by the chair of the Texas Natural Resource Conservation Commission;
		(5)  a toxicologist, appointed by the Commissioner of 
Health;  and          
		(6)  an individual with experience representing the 
general interests of consumers and an individual with experience 
representing the general interests of agricultural workers, 
appointed by the governor.

Added by Acts 1993, 73rd Leg., ch. 8, § 1, eff. June 1, 1993.  
Amended by Acts 1995, 74th Leg., ch. 76, § 11.02, eff. Sept. 1, 
1995;  Acts 1995, 74th Leg., ch. 227, § 15, eff. Sept. 1, 1995;  
Acts 1997, 75th Leg., ch. 463, § 1.20, 2.09, eff. May 30, 1997.

Last modified: August 10, 2007