Part 1.
TEXAS DEPARTMENT OF AGRICULTURE
Chapter 1.
GENERAL PROCEDURES
Subchapter A. GENERAL RULES OF PRACTICE
4 TAC §1.3, §1.5
The Texas Department of Agriculture (the department) proposes
amendments to §1.3 and §1.5, concerning general rules of practice.
The amendment of §1.3 is proposed to clarify that procedural rules
of the State Office of Administrative Hearings (SOAH) control in hearings
conducted by that office. The amendment provides that in the event of a conflict
between the rules in Chapter 1, Subchapter A, and SOAH's procedural rules,
SOAH rules control. The amendment to §1.5 is proposed to allow the department
to presume receipt within a reasonable time of documents mailed to the last
known address of parties to administrative proceedings before the department.
The timeline provided is consistent with similar service rules adopted by
SOAH. The amendment provides that if a document is sent to parties by the
department by regular, certified, or registered mail, the document is deemed
received no later than five days after mailing.
Dolores Alvarado Hibbs, deputy general counsel, 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 amendments.
Ms. Hibbs also has determined that for each year of the first five years
the amendments are in effect the public benefit anticipated as a result of
enforcing the amendments will be the clarification of existing rules and more
efficient processing of administrative cases by the department. There be no
effect on micro-businesses or small businesses and to persons who are required
to comply with the amendments as proposed.
Comments on the proposal may be submitted to Dolores Alvarado Hibbs, Texas
Department of Agriculture, P. O. Box 12847, and 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, §12.016
which provides the Department with the authority to adopt rules to administer
the Texas Agriculture Code.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapters 12 - 14, 18, 19, 26, 61, 71 - 76, 94-95, 101, 103, 121, 125,
132 and 134.
§1.3. Scope and Construction of Rules.
(a) - (c)
(No change.)
(d)
In the case of the application
of these rules to a hearing conducted by SOAH, where there is a conflict between
these rules and the SOAH procedural rules found at Title 1, Part 7, Chapter
155, the SOAH rules shall control.
§1.5. Filing and Service of Documents.
(a) - (f)
(No change.)
(g)
If a document was sent to
a party by the department by regular mail, certified mail, or registered mail,
the document is presumed to have been received no later than five days after
mailing.
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 April 21, 2000.
TRD-200002863
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 4, 2000
For further information, please call: (512) 463-4075
4 TAC §1.91
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Department of Agriculture or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Agriculture (the Department)
proposes the repeal of §1.91, concerning an expiration date for Chapter
1, relating to general procedures.
The repeal of §1 91 is proposed because the establishment of an expiration
date for Chapter 1 is no longer necessary due to the enactment of legislation
establishing a timeframe for review of agency rules. The deletion of §1.91
eliminates the expiration date for Chapter 1.
Dolores Alvarado Hibbs, deputy general counsel, has determined that for
the first five-year period the repeal is in effect, there will be no fiscal
implications for state or local government as a result of enforcing or administering
the repeal.
Ms. Hibbs also has determined that for each year of the first five years
the repeal is in effect the public benefit anticipated as a result of enforcing
the repeal will be the elimination of unnecessary rules. There be no effect
on micro-businesses or small businesses and to persons who are required to
comply with the repeal as proposed.
Comments on the proposal may be submitted to Dolores Alvarado Hibbs, Texas
Department of Agriculture, P. O. Box 12847, and 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 repeal is proposed under the Texas Agriculture Code, §12.016
which provides the Department with the authority to adopt rules to administer
the Texas Agriculture Code.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapter 12.
§1.91. Expiration Provision.
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 April 21, 2000.
TRD-200002864
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 4, 2000
For further information, please call: (512) 463-4075
4 TAC §§1.200, 1.201, 1.206
The Texas Department of Agriculture (the Department) proposes
an amendment to §1.200 and proposes new §1.201 and §1.206,
concerning advisory committees of the department, including the Citrus Budwood
Advisory Council and the Oyster Advisory Committee.
The amendment to §1.200 is proposed to correct a statutory citation,
clarify language in regards to what committees are covered by the subchapter,
and to clarify reporting by committees. Because department staff works very
closely with committees, serving as support staff, and staffing and attending
all committee meetings, the proposed reporting requirement allows reporting
to be done through preparation of board minutes, as is the current practice.
The proposal does allow the commissioner to request that a committee submit
a formal report on its activities as the commissioner deems necessary. The
new sections are proposed to add two committees to the department's listing
of advisory committees found at Chapter 1, Subchapter E., in accordance with
the requirements of the Texas Government Code, Chapter 2110. The amendments
to §1.200 change the reference from the Texas Civil Statutes to the correct
citation in the Texas Government Code, provide that committees established
by or under statute are covered, and provide that committees will report to
the agency by holding open meetings in which agency staff participate and
record the proceeding and/or by submitting a report of committee activities,
at the request of the Commissioner. New §1.201 adds the Citrus Budwood
Advisory Committee to the listing and provides information regarding the committee's
purpose, duties and duration. New §1.206 adds the Oyster Advisory Committee
to the listing and provides information regarding the committee's purpose,
duties and duration.
Dolores Alvarado Hibbs, deputy general counsel, has determined that for
the first five-year period the amendment and new sections are in effect, there
will be no fiscal implications for state or local government as a result of
enforcing or administering the proposed amendment and new sections.
Ms. Hibbs also has determined that for each year of the first five years
the amendment and new sections are in effect the public benefit anticipated
as a result of enforcing the sections will be the providing of information
regarding agency advisory committees to the public. There be no effect on
micro-businesses or small businesses and to persons who are required to comply
with the amendment and new sections as proposed.
Comments on the proposal may be submitted to Dolores Alvarado Hibbs, Texas
Department of Agriculture, P. O. Box 12847, and 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 amendment and new sections are proposed under the Texas Agriculture
Code, §12.016 which provides the Department with the authority to adopt
rules to administer the Texas Agriculture Code; and the Texas Government Code,
Chapter 2110, which requires that a state agency that is advised by an advisory
committee adopt rules stating the purpose and task of the committee and the
manner in which the committee will report to the agency.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapters 12, 19, and 47.
§1.200. Scope and Purpose.
This subchapter identifies advisory committees created by
or under
statute to advise the Texas Department of Agriculture and, in accordance
with the provisions of
the Texas Government Code, Chapter 2110 (Vernon
Supp. 2000)
[
§1.201. Citrus Budwood Advisory Council.
(a)
Purpose. The Citrus Budwood Advisory Committee is created
pursuant to the Texas Agriculture Code, §19.005.
(b)
Duties. The Council advises the department in setting
standares for foundation groves, citrus budwood certification, designation
of groves and inspection standards. The Council also advises the department
in the adoption of rules to administer the citrus budwood certification program.
(c)
Duration. The Citrus Budwood Advisory Council is abolished
on September 1, 2007, unless continued under the Texas Sunset Act, Texas Government
Code, Chapter 325.
§1.206. Oyster Advisory Committee.
(a)
Purpose. The Oyster Advisory Committee is created pursuant
to the Texas Agriculture Code, §47.002.
(b)
Duties. The Committee provides guidance and direction
on programs and activities established by the department under its Texas oyster
promotion and advertising program, and provide guidance on expenditures from
the Texas Oyster Fund.
(c)
Duration. The Oyster Advisory Committee is abolished on
September 1, 2007, unless continued under the Texas Sunset Act, Texas Government
Code, Chapter 325.
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 April 21, 2000.
TRD-200002866
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 4, 2000
For further information, please call: (512) 463-4075
4 TAC §1.201
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Department of Agriculture or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Agriculture (the Department)
proposes the repeal of §1.201, concerning the Egg Marketing Advisory
Board.
The repeal of §1.201 is proposed because the statutory authority creating
the Board has been repealed. The repeal of §1.201 eliminates the Egg
Marketing Advisory Board from the agency's listing of advisory committees.
Dolores Alvarado Hibbs, deputy general counsel, has determined that for
the first five-year period the repeal is in effect, there will be no fiscal
implications for state or local government as a result of enforcing or administering
the repeal.
Ms. Hibbs also has determined that for each year of the first five years
the repeal is in effect the public benefit anticipated as a result of enforcing
the repeal will be the elimination of unnecessary rules. There be no effect
on micro-businesses or small businesses and to persons who are required to
comply with the repeal as proposed.
Comments on the proposal may be submitted to Dolores Alvarado Hibbs, Texas
Department of Agriculture, P. O. Box 12847, and 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 repeal is proposed under the Texas Agriculture Code, §12.016
which provides the Department with the authority to adopt rules to administer
the Texas Agriculture Code.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapters 12 and 132.
§1.201. Egg Marketing Advisory Board.
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 April 21, 2000.
TRD-200002865
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 4, 2000
For further information, please call: (512) 463-4075
Subchapter D. MISCELLANEOUS PROVISIONS
Subchapter E. ADVISORY COMMITTEES
Texas Civil Statutes, Article 6252-33 (Vernon Supp.
1994)
], prescribes the purposes and duties of such committees,
and
the expiration date of each committee
.
[
, and
]
Unless otherwise provided for a specific committee,
the manner in which
each continuing committee will report to the agency
is by the preparation
and submission of committee minutes to the department. In addition, the commissioner
may request that a committee prepare and submit a report of committee activities
.
Subchapter H. REQUESTS FOR PUBLIC INFORMATION