The commissioner must adopt rules for pest-management zones with citrus plants being treated for pests, and those rules must be adopted and published under state law.
Sec. 80.022. AUTHORITY TO ADOPT RULES. (a) The commissioner shall adopt rules to protect individuals, livestock, wildlife, and honeybee colonies on any premises in a pest management zone on which citrus plants are being grown that have been or are being treated to control or suppress pests. (b) Rules adopted under this section shall establish the criteria by which the corporation develops its procedures and methods of treatment, which shall: (1) establish a methodology for determining when pest population levels have reached economic significance or when disease is present; (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 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. Pest management 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 chapter. All rules issued under this chapter must be adopted and published in accordance with the laws of this state. (d) An advisory committee may be established to assist the commissioner in the development of rules under this section. The advisory committee may be composed of: (1) three citrus producers from the commercial citrus growing area 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 Commission on Environmental Quality; (4) an environmental engineer with expert knowledge of ground and surface water protection from contamination, appointed by the chair of the Texas Commission on Environmental Quality; and (5) a toxicologist, appointed by the commissioner of state health services. Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 10.01, eff. September 1, 2009. Amended by: Acts 2015, 84th Leg., R.S., Ch. 29 (S.B. 1749), Sec. 11, eff. September 1, 2015.