Part XI. Texas Food and Fibers

Chapter 201. Commission Administration

4 TAC §§201.1-201.9

The Texas Food and Fibers Commission adopts new §§201.1-201.9, concerning Commission Administration. Sections 201.1, 201.4, and 201.5 are adopted with changes to the proposed text as published in the May 7, 1999, issue of the Texas Register (24 TexReg 3413). Sections 201.2, 201.3, 201.6-201.9 are adopted without changes and will not be republished.

These new rules are being adopted to replace existing bylaws that address administrative operations.

No comments were received regarding adoption of these rules.

This section is adopted under the Agriculture Code, Chapter 42, which provides the commission the authority to promulgate rules consistent with the Code.

§201.1. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1)

Act - Texas Agriculture Code, Chapter 42, Texas Food and Fibers Commission.

(2)

Commission - The Texas Food and Fibers Commission.

(3)

Commissioners - The chancellor of The Texas A&M University System, the president of The University of Texas at Austin, the president of Texas Tech University, and the president of Texas Woman's University.

(4)

Committee - The Industry Advisory Committee.

(5)

Executive Director - the Executive Director of the Commission.

§201.4. Organization.

(a)

The Commission is composed of the chancellor of the Texas A&M University System, the president of The University of Texas at Austin, the president of Texas Tech University; and the president of Texas Woman's University.

(b)

Each member of the Commission shall serve a two-year term as chairman, rotating the service in the order in which the members are listed in subsection (a) of this section.

(c)

The Commissioners shall: set policy, approve rules, approve legislative appropriations requests, approve annual operating budgets, appoint the industry advisory committee, approve research projects, and employ an Executive Director. The Commissioners shall retain and exercise all authority and responsibility assigned to them by law and not delegated to the Executive Director or their designated representatives.

(d)

Each Commissioner shall designate a liaison officer to work with committees and staff members of the Commission and agencies, departments, and institutions consulting or contracting with the Commission concerning the daily operations of the work of the Commission. A Commissioner may grant the liaison officer the authority to represent their respective university, but the liaison officer shall not have voting privileges at Commission meetings.

(e)

The Executive Director shall: manage the day-to-day business of the Commission; employ staff; draft rules, agreements, contracts, and other documents for approval by the Commission; prepare the agency strategic plan, biennial legislative appropriations request, annual operating budget, annual financial report, and other reports required by the governor, legislature, and state and federal agencies; interact with staff and officials of universities, federal government, and state government concerning Commission programs; interact with producers and members of the industries that the Commission serves; coordinate with the Industry Advisory Committee; request and review research proposals; recommend research programs; coordinate approved research projects at the participating universities; monitor other private, federal, and state research; receive and review research reports; receive, review, and approve payment vouchers; approve disbursements in accordance with the Commission's operating budget; conduct an annual property inventory; and carry out other duties and responsibilities assigned by law or delegated by the Commission.

(f)

All decisions of the Commission shall be by majority vote of Commissioners present and voting.

§201.5. Commission Meetings.

(a)

The Commission shall meet at least once each fiscal year, prior to September 1. During odd-numbered years, budget approval, appointment of the Industry Advisory Committee, review of Industry Advisory Committee recommendations, review of Commission operations, and other business shall be considered. During even-numbered years, review of Commission operations and other business shall be considered. The agenda and advance meeting materials and recommendations of the Industry Advisory Committee shall be mailed by the Executive Director to all members of the Commission at least ten calendar days prior to the meeting.

(b)

Special meetings may be called by the chairman of the Commission by written notice to members at least 15 calendar days prior to such meetings.

(c)

All Commission meetings shall be posted and held in accordance with the Texas Open Meetings Act.

(d)

All formal actions by the Commission shall be approved by a majority vote of the Commissioners.

(e)

Minutes of all Commission meetings shall be taken and recorded. A certified copy of the minutes shall be submitted to each of the Commissioners and to the Legislative Reference Library.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 7, 1999.

TRD-9904055

Robert V. Avant, Jr., P.E.

Executive Director

Texas Food and Fibers

Effective date: September 1, 1999

Proposal publication date: May 7, 1999

For further information, please call: (512) 936-2451

4 TAC §§202.1-202.3

The Texas Food and Fibers Commission adopts new §§202.1 -202.3, concerning the Industry Advisory Committee. Sections 202.1 and 202.3 are adopted with changes to the proposed text as published in the May 7, 1999, issue of the Texas Register (24 TexReg 3415). Section 202.2 is adopted without changes and will not be republished.

These new rules are being proposed to replace existing bylaws that address the industry advisory committee.

No comments were received regarding adoption of these rules.

This section is adopted under the Agriculture Code, Chapter 42, which provides the commission the authority to promulgate rules consistent with the Code.

§202.1. Industry Advisory Committee.

(a)

The Industry Advisory Committee shall be limited to 50 members and shall be appointed by the chairman of the Commission with approval of the Commission. Appointment to the Industry Advisory Committee shall be for a period of two years coinciding with the biennium.

(b)

The Committee shall have two divisions - the Food Protein Committee and the Natural Fibers Committee.

(1)

The Food Protein Committee shall be limited to 25 members. Members shall elect a chairman annually for each fiscal year.

(2)

The Natural Fibers Committee shall be limited to 25 members. Members shall elect a chairman annually for each fiscal year.

(c)

All recommendations of the Committee shall be approved by majority vote of Committee members present. Recommendations of the Committee shall be approved by the Executive Committee and routed through the Executive Director to the Commission.

(d)

Vacancies occurring in the Industry Advisory Committee shall be filled by the chairman of the Commission, with approval by the Commission. Recommendations for the filling of vacancies of the Industry Advisory Committee may be made by the Executive Advisory Committee by submitting candidates to the Executive Director.

(e)

All special study committees or other activities shall be approved by the Executive Advisory Committee and the Executive Director.

§202.3. Executive Advisory Committee.

(a)

The chairman of the Commission, with the approval if the Commission, shall appoint five persons to an Executive Advisory Committee. One person shall be representative of the wool industry, one from the mohair industry, two from the cotton industry, and one from the food protein industry. In addition to the appointed members, the Executive Advisory Committee shall consist of the chairman of the Natural Fibers Committee, the chairman of the Food Protein Committee, a representative of the Texas Department of Economic Development, and a representative of the Texas Department of Agriculture.

(b)

The Executive Advisory Committee shall elect a chairman annually for each fiscal year.

(c)

Appointment of any special study committees shall be by the Executive Advisory Committee with approval of the Executive Director and the Commissioners.

(d)

The Executive Advisory Committee shall meet semiannually each fiscal year at times specified by the Committee chairman for budget recommendations, project reviews, research reports, and other business. The chairman of the Commission may call or authorize special meetings of the Executive Advisory Committee.

(e)

All recommendations of the Executive Advisory Committee shall be presented to the Executive Director.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 7, 1999.

TRD-9904056

Robert V. Avant, Jr., P.E.

Executive Director

Texas Food and Fibers

Effective date: September 1, 1999

Proposal publication date: May 7, 1999

For further information, please call: (512) 936-2451

4 TAC §§203.1-203.3

The Texas Food and Fibers Commission adopts new rules, §§203.1-203.3, concerning university research programs. Section 203.1 is adopted with changes to the proposed text as published in the May 7, 1999 issue of the Texas Register (24 TexReg 3416). Section 203.2 and §203.3 are adopted without changes and will not be republished.

These new rules are being adopted to replace existing bylaws that address university research programs.

No comments were received regarding adoption of these rules.

This section is adopted under the Agriculture Code, Chapter 42, which provides the commission the authority to promulgate rules consistent with the Code.

§203.1.Primary Research Areas.

(a)

The Executive Director shall be responsible for coordination of the approved research projects and for carrying out the policies set out for the most effective utilization of the equipment, capabilities, and experience at each participating university.

(b)

Research programs of the Commission shall be categorized into the following areas:

(1)

Cotton research;

(2)

Sheep and goat research;

(3)

Food protein research;

(4)

Textile research;

(5)

Nutrition utilization research;

(6)

Natural fibers utilization research; and

(7)

Food and fibers information resources.

(c)

The primary designated research area of each participating university is as follows.

(1)

Texas A&M University:

(A)

Texas Engineering Experiment Station - oilseed processing, food, feed, and industrial protein products, and fats and oils;

(B)

Texas Agricultural Experiment Station - cotton breeding, cotton production practices, and cotton economics; and

(C)

Texas Agricultural Experiment Station - wool and mohair production and quality and sheep and goat meat production and quality.

(2)

The University of Texas at Austin - information resources and educational materials.

(3)

Texas Tech University, International Textile Center - textile processes research, product development, and fiber testing.

(4)

Texas Woman's University:

(A)

Department of Nutrition & Food Sciences - sensory/fry lab for oils, oil nutrition studies, oil health studies, and flavor studies for sheep and goat meat;

(B)

Department of Fashion & Textiles - dry cleaning research laboratory, fabric acceptability, washability, flammability studies, and wear-life studies, and fashion design; and

(C)

Collegiate design competition.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 7, 1999.

TRD-9904057

Robert V. Avant, Jr., P.E.

Executive Director

Texas Food and Fibers Commission

Effective date: September 1, 1999

Proposal publication date: May 7, 1999

For further information, please call: (512) 936-2451

4 TAC §§204.1-204.5

The Texas Food and Fibers Commission adopts new rules, §§204.1-204.5, concerning administration of research projects. Sections 204.1, 204.3, and 204.5 are adopted with changes to the proposed text as published in the May 7, 1999 issue of the Texas Register (24 TexReg 3417). Section 204.2 and §204.4 are adopted without changes and will not be republished

These new rules are being adopted to replace existing bylaws that address the administration of research projects.

No comments were received regarding adoption of these rules.

This section is proposed under the Agriculture Code, Chapter 42, which provides the commission the authority to promulgate rules consistent with the Code.

§204.1.Pre-proposal Submission.

(a)

The participating universities may prepare and submit to the Executive Director pre-proposals on forms provided by the Executive Director no later than April 1 of each even-numbered year. Pre-proposals shall not exceed two pages.

(b)

Information provided shall include:

(1)

Title;

(2)

Investigators (List principal investigators.);

(3)

Scope (Describe project scope.);

(4)

Objectives (List major anticipated project objectives.);

(5)

Continuation status (If a continuation project, identify the previous project.);

(6)

Duration (Give the anticipated life of the project before completion/termination.);

(7)

Budget (Itemize Commission and matching funds. Categorize funds by costs of personnel, materials, and capital equipment. Estimate the amount and source of matching funds to the extent possible.);

(8)

Capital equipment needs (List capital equipment needs.); and

(9)

Number of reports (Estimate of number of reports to be prepared.)

(c)

Pre-proposals shall be responsive to the primary research area(s) of the participating university in accordance with §203.1(c) of this title (relating to primary research areas).

(d)

Special projects in accordance with §203.3 of this title (relating to special projects), may also be submitted for consideration.

(e)

Pre-proposals shall be received by the Executive Director in accordance with subsection (a) of this section, and categorized, as necessary.

(f)

Pre-proposals will be submitted to the Committee for review.

(g)

Information from the pre-proposals will be processed and used as a basis for preparing the Commission's updated strategic plan and legislative appropriations request.

§204.3.Proposal Review and Selection.

(a)

Upon receipt from the universities, proposals shall be categorized by the Executive Director in accordance with § 203.1(b) of this title (relating to primary research areas).

(b)

A summary sheet for each research category shall be prepared showing the titles of the projects and funding amount for Commission funds and matching funds.

(c)

A summary sheet for all research categories shall be prepared showing the research categories and funding amount for Commission funds and matching funds.

(d)

The project proposals shall be organized in a binder by research category.

(e)

Binders shall be submitted to the Committee no less than 14 days prior to the annual Committee meeting of each odd-numbered year.

(f)

Each division of the Committee (Food Protein and Natural Fibers) will review and rank proposals that respond to their respective research area and submit their recommendations to the Executive Advisory Committee.

(g)

The Executive Advisory Committee will resolve any conflicts and prepare a research program recommendation for consideration by the Commissioners. The Executive Advisory Committee recommendation shall be routed through the Executive Director to the Commissioners.

(h)

At their annual meeting each odd-numbered year, the Commissioners shall consider the recommendation of the Executive Advisory Committee and approve a research program for the next biennium.

§204.5.Research Project Conditions.

(a)

Research shall be conducted in accordance with the proposal submitted to the Commission and the memorandum of agreement.

(b)

Changes in project scope shall only be authorized, in writing, by the Executive Director after consultation with the Executive Advisory Committee.

(c)

Reimbursement of Expenses:

(1)

The Commission shall be billed on a calendar month basis for reimbursable expenses.

(2)

All expenses including travel, supplies, materials, and capital equipment shall be procured and reimbursed on a cost reimbursal basis in accordance with the Constitution of the State of Texas and other appropriate statutes and rules governing such transactions.

(3)

The Commission shall make compensation for reimbursable expenses within 30 days after receipt of satisfactory payment vouchers and supporting documentation.

(4)

Final project billing shall be submitted to the Commission no later than 90 days after the end of each fiscal year. The Commission may lapse project funds after 90 days from the end of each fiscal year.

(d)

Capital equipment:

(1)

For any equipment that requires a Commission inventory number, a property acquisition form shall be submitted with the payment voucher that requests reimbursement for that piece of equipment.

(2)

Any capital equipment purchased with Commission funds shall remain the property of the Commission.

(3)

A Commission inventory number shall be permanently and prominently placed on the equipment by the university.

(4)

An inventory of Commission equipment shall be conducted by each university on an annual basis and a written report shall be submitted no later than November 1 of each year.

(e)

All records related to research projects funded by the Commission shall be available for inspection at reasonable times during work hours. All records are subject to audit by the Commission and/or the State Auditor.

(f)

In accordance with the Appropriations Act, each university shall maintain a policy which clearly establishes and protects the property rights of the state with regard to any patentable product, process, or idea that might result from research supported by the Commission.

(g)

Any publications, presentations, or press releases related to projects funded by the Commission shall prominently acknowledge the participation of the Commission in funding the project.

(h)

Each university shall provide reports to the Commission as follows:

(1)

Quarterly performance reports on forms and at times specified by the Executive Director.

(2)

Annual reports (25) for each research program due no later than November 1 of each year that provides a:

(A)

One-page executive summary of the research project in a standard format specified by the Executive Director;

(B)

Technical report for each research project a format of the researcher's professional organization;

(C)

Financial accounting of each research project that shows the total amount of funds expended on the project; a breakdown of matching funds; and an itemization of costs for personnel, materials and supplies, and capital equipment;

(D)

List of publications and presentations related to the project; and

(E)

List of equipment purchased with Commission funds.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 7, 1999.

TRD-9904058

Robert V. Avant, Jr., P.E.

Executive Director

Texas Food and Fibers Commission

Effective date: September 1, 1999

Proposal publication date: May 7, 1999

For further information, please call: (512) 936-2451