4 TAC §17.31
The Texas Department of Agriculture (the Department) proposes
amendments to Chapter 17, Subchapter B, §17.31, concerning Livestock
Export Facilities. The amendments to §17.31(k) are proposed to increase
administrative efficiency and expedite livestock processing at export facilities
by eliminating delayed billing of export pen fees.
Mr. Bill Breese, Assistant Commissioner for Producer Services, has determined
that for the first five-year period the amendments are in effect, there will
be no fiscal implications for state or local government as a result of enforcing
or administering the sections.
Mr. Breese also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be the expedited processing and handling of livestock at
the department's export facilities. Users of the facilities will be better
informed about the fee payment process and therefore, will be better prepared
to efficiently complete transactions with personnel at the department's export
facilities. There will not be an effect on micro-businesses or small businesses
and to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Mr. Bill Breese, Assistant
Commissioner for Producer Relations, Texas Department of Agriculture, P. O.
Box 12847, Austin, Texas 78711. Comments must be received no later than 30
days from the date of publication of the proposal in the
Texas Register
.
The amendments are proposed under the Texas Agriculture Code
(the Code) §12.016, which provides the department with the authority
to adopt rules as necessary for the administration of its powers and duties
under the Code; and the Code, §146.021, which provides the department
with the authority to receive and hold for processing animals transported
in international trade and to establish and collect reasonable fees for yardage,
maintenance, feed, medical care, and other necessary expenses incurred in
the course of processing those animals.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapter 146, Subchapter B.
§17.31.Operation of Livestock Export Facilities.
(a)-(j)
(No change.)
(k)
[
Except as provided in this subsection,
]
Fees
[
fees
] are due and payable at the
conclusion of
each permitted transaction.
[
time the services are rendered. When
deemed necessary to operate more efficiently and to reduce administrative
costs, the department may establish accounts with users of the facilities
whereby such users may be billed on a delayed basis. Delayed billing shall
be denied to any user who has previously defaulted in payment of fees to the
department.
] Payment by cash, certified check, or money order may be
required of any user whose previous payment by check has been returned due
to insufficient funds. Users who are in default of payment to the facilities
may be denied use of the facilities until such time as all outstanding fees
have been paid in full.
For purposes of this section, a permitted transaction
may include the exportation of one or more loads of livestock through the
department's facilities by one or more consignors during a one-week period.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 14, 2000.
TRD-200000234
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: February 27, 2000
For further information, please call: (512) 463-4075