Part 1.
TEXAS DEPARTMENT OF AGRICULTURE
Chapter 17.
MARKETING AND PROMOTION DIVISION
Subchapter C. TAP, TASTE OF TEXAS, VINTAGE TEXAS, TEXAS GROWN, NATURALLY TEXAS, AND GO TEXAN AND DESIGN MARKS
4 TAC §17.51
The Texas Department of Agriculture proposes an amendment
to §17.51, concerning use of the GO TEXAN and Design Mark.
The amendment is proposed in order to clarify that fresh meat products
are allowed to use the GO TEXAN and Design mark as part of the GO TEXAN promotional
marketing program. The proposed amendment to §17.51 deletes the phrase
"excluding fresh meats" from the definition of food and provides that 100%
fresh beef and processed 100% beef products must comply with the requirements
of the GO TEXAN Beef Program as set forth in §17.58.
Ulrike Lapham, funding coordinator for marketing and promotion, has determined
that for the five-year period the amendment is in effect there will be no
fiscal implications for the state or for units of local government as a result
of enforcing or administering the section. There is no anticipated impact
on small businesses, micro businesses or local or state employment as a result
of enforcing or implementing the section as amended.
Ms. Lapham has also determined that for each year of the first five years
the section as proposed is in effect the public benefit anticipated as a result
of enforcing the section will be clarification of the eligibility requirements
for fresh meat products participating in the GO TEXAN promotional marketing
program. There is no economic cost to persons who are required to comply with
the proposed section.
Comments on the proposal may be submitted to Ulrike Lapham, Funding Coordinator
for Marketing and Promotion, 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 amendment is proposed under the authority of §12.016
of the Texas Agriculture Code, which provides that the department shall adopt
rules to administer the Texas Agriculture Code.
The proposed amendment affects the Texas Agriculture Code, Chapters 12
and 46.
§17.51. Definitions.
The following words and terms, when used in these sections, shall have
the following meanings, unless the context clearly indicates otherwise.
(1) - (3)
(No change.)
(4)
Food - Agricultural products [
(5) - (21)
(No change.)
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 May 8, 2000.
TRD-200003215
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 18, 2000
For further information, please call: (512) 463-4075
4 TAC §17.200
(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 §17.200, concerning an expiration date for Chapter
17, relating to Marketing and Promotion Division.
The repeal of §17.200 is proposed because the establishment of an
expiration date for Chapter 17 is no longer necessary due to the enactment
of legislation establishing a timeframe for review of agency rules. The repeal
of §17.200 eliminates the expiration date for Chapter 17.
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.
§17.200. 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 May 8, 2000.
TRD-200003216
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 18, 2000
For further information, please call: (512) 463-4075
4 TAC §§17.304, 17.306, 17.308
The Texas Department of Agriculture proposes amendments to §§17.304,
17.306, and 17.308, concerning the GO TEXAN Partner Program.
The amendments are proposed in order to clarify the requirements for matching
funds and in-kind contributions. The proposed amendments to §17.304 and §17.306
provide that the matching funds shall be those as specified in the grant contract,
rather than as proposed in the project request. The proposed amendments to §17.306
also provide that in-kind matching contributions may be contributed by the
grantee or a third party and that travel expenses approved by the board are
deemed to be in-kind contributions, and set out the procedures for documenting
in-kind contributions. In addition to the referenced proposed changes in language, §17.306
has also been reformatted for purposes of clarity and new subsection (g) designated,
relating to in-kind contributions. The proposed amendments to §17.308(f)
and (g) provide that the grant funds are those specified in the contract,
not the project request, and the proposed amendment to §17.308(g) clarifies
that returned funds are refunded as opposed to reimbursed.
Ulrike Lapham, funding coordinator for marketing and promotion, has determined
that for the five-year period the amendments are in effect there will be no
fiscal implications for the state or for units of local government as a result
of enforcing or administering the sections. There is no anticipated impact
on small businesses, micro businesses or local or state employment as a result
of implementing these sections.
Ms. Lapham has also determined that for each year of the first five years
the sections as proposed are in effect the public benefit anticipated as a
result of enforcing the sections will be clarification of the application
procedures for the GO TEXAN Partner Program, and clarification of the procedures
and requirements regarding in-kind contributions and refunds of unused grant
funds. There is no economic cost to persons who are required to comply with
the proposed sections.
Comments on the proposal may be submitted to Ulrike Lapham, Funding Coordinator
for Marketing and Promotion, 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 authority of §46.012
of the Texas Agriculture Code, which provides that the department shall adopt
rules to administer Chapter 46 of the Code.
The proposed amendments affect the Texas Agriculture Code, Chapter 46.
§17.304. Requirements for Participation.
To be eligible for participation in the program through the use of
matching funds under this subchapter, an applicant must:
(1) - (4)
(No change.)
(5)
submit to the department, within ten business days
after receiving a request for funds from the department, cash matching funds
as specified in the
grant performance contract
[
§17.306. Filing Requirements and Consideration of Project Requests.
(a) - (e)
(No change.)
(f)
Deposit of matching funds. Matching funds for board approved
and contracted projects
[
(g)
In-kind contributions.
(1)
The Department may accept in-kind contributions
with a documented, clear monetary value from program applicants to satisfy
the matching funds requirement.
In-kind contributions may be contributed
by the applicant or a third party.
(2)
For purposes of this subchapter, the board
shall have sole discretion to approve the use of in-kind contributions, in
an amount not to exceed 10% of the total
approved and contracted
project [
(3)
The successful applicant,
or grantee, must provide satisfactory documentation to the department of the
actual expenditure or utilization of any approved in-kind contributions by
the grantee prior to the release or expenditure by the department of the corresponding
GO TEXAN Program matching grant funds. The documentation provided by the grantee
must establish the clear monetary value of the in-kind contribution.
(4)
Should the grantee fail
to provide satisfactory documentation of the in-kind contribution, or should
the actual monetary value of the in-kind contribution as established by the
documentation fail to equal the projected or anticipated value, the corresponding
GO TEXAN Program matching grant funds will be forfeited by the grantee and
will revert back to the general GO TEXAN Partner Program Account.
(5)
In the event the actual
value of the in-kind contribution exceeds the projected or anticipated value,
the GO TEXAN Program matching grant funds shall not be increased, but the
excess shall be deemed outside the GO TEXAN program and shall be the sole
responsibility of the grantee.
§17.308. Use of Funds.
(a) - (e)
(No change.)
(f)
85% of all funds for each approved
and contracted
project [
(g)
Upon the completion or cancellation of a project, the
department will [
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 May 8, 2000.
TRD-200003217
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 18, 2000
For further information, please call: (512) 463-4075
, excluding fresh
meats,
] produced or processed in Texas for human consumption.
One hundred percent fresh beef and processed 100% beef products must comply
with the requirements of §17.58 of this title (relating to GO TEXAN Beef
Program).
Subchapter F. MISCELLANEOUS PROVISIONS
Subchapter G. GO TEXAN PARTNER PROGRAM RULES
project request
] and in accordance with this subchapter.
project requests
] shall be deposited
with the department within ten business days after receiving a request for
funds from the department. For purposes of this subchapter, "matching" means
a dollar-per-dollar amount.
request
]
amount
, to satisfy the matching funds
requirement.
Travel expenses approved by the board are deemed to have
board approval for treatment solely as in-kind contributions unless specifically
stated otherwise.
request
] shall be expended to promote the specific
product(s) of applicants and 15% of all funds for each approved
and contracted
project [
request
] shall be expended on the department's
GO TEXAN Program. If feasible and practical, the 15% portion of funds for
each individual project request will be expended in a manner that directly
or indirectly promotes the specific product(s) of applicant.
reimburse a
]
refund to the
successful
applicant [
for
] the applicant's share of any unexpended funds approved
and contracted
for the project.
Chapter 29.
TEXAS AGRICULTURAL DIVERSIFICATION PROGRAM: MATCHING GRANTS