TITLE 4.AGRICULTURE

Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 1. GENERAL PROCEDURES

Subchapter L. URBAN SCHOOLS GRANTS PROGRAM

4 TAC §§1.800, 1.802, 1.803

The Texas Department of Agriculture (the department) proposes amendments to §§1.800, 1.802 and 1.803, concerning purpose, eligibility requirements, and selection of grant recipients under the department's Urban Schools Grants Program. The amendments to §1.800 and §1.802 are proposed to make the section consistent with HB 634, 77th Regular Legislative Session, 2001 (HB 634), amending the Texas Agriculture Code, §46.001, which sets forth the type of projects which may be funded, and §46.002, which sets forth limits to use of grant funds for the Urban Schools Grants Program. HB 634 deleted the requirement that the department not award a grant to more than one school within the same school district within a school year. The amendments to §1.803 change the nature and make-up of the panel reviewing grant proposals and clarifies the selection process. These amendments are made to make the selection process more efficient.

Carol Funderburgh, contracts and grants coordinator, has determined that for the first five-year period the amendment is in effect, there will be no fiscal implications for state government as a result of enforcing or administering the section, as amended. There will be no fiscal implication for local government as a result of enforcing or administering the section, as amended.

Ms. Funderburgh also has determined that for each of the first five years the section, as amended, is in effect the public benefit anticipated as a result of enforcing the amended sections will be the opportunity for the department to fund, in a more efficient manner, from a larger pool of grant proposals, thereby benefiting more Texas school children and raising awareness of agriculture. There will be no anticipated costs to microbusinesses, small or large businesses or to persons required to comply with the amendment.

Comments on the proposal may be submitted to Carol Funderburgh, contracts and grants coordinator, 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 to §§1.800, 1.802 and 1.803 are proposed under the Texas Agriculture Code §12.016, which provides the department with the authority to adopt rules as necessary for the administration of the Code; and the Code, §46.001, which provides the department with the authority to adopt rules to implement the urban schools grant program.

The code affected by this proposal is the Texas Agriculture Code, Chapter 46.

§1.800.Statement of Purpose.

The Urban Schools Grant Program is designed to establish demonstration agricultural projects or other projects designed to foster an understanding and awareness of agriculture in certain Texas urban public school districts by awarding grants of $2,500 to eligible elementary schools.

§1.802.Eligibility.

Subject to available funds, [ one ] public elementary schools [ school ] from [ each ] urban public school districts [ district ] in the state are [ is ] eligible to receive a grant under this subchapter if the schools [ school ] submit [ submits ] to the department a proposal that includes:

(1)

a description of the proposed project;

(2)

a schedule of projected costs for the project; and

(3)

a statement of the educational benefits of the project, including how the project will improve the students' understanding of agriculture.

§1.803.Selection.

(a)

A review panel [ Community group panels ] appointed by the commissioner shall review [ select ] grant proposals [ recipients ] and make a recommendation to the commissioner for awarding the grants .

(b)

The review panel [ Community group panels ] shall be composed of the following:

(1)

one person having experience or expertise in developing elementary school curriculum [ representative of the urban public school district submitting the request ];

(2)

one representative of the department;

(3)

one representative of the livestock industry;

(4)

one representative of the specialty crop industry;

(5)

one representative of the row crop industry;

(6)

one representative of the horticulture industry; and

(7)

one representative of the Texas Agricultural Extension Service.

(c)

Final selection of grant recipients shall be made by the commissioner.

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 June 1, 2001.

TRD-200103063

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: July 15, 2001

For further information, please call: (512) 463-4075


Chapter 3. BOLL WEEVIL ERADICATION PROGRAM

Subchapter J. ORGANIC COTTON RULES

4 TAC §3.608

The Texas Department of Agriculture (the department) proposes amendments to §3.608(b) concerning Calculation of Indemnity or Compensation under the department's organic cotton rules. The amendment is proposed to create a timetable that will work under the current indemnity and compensation formulas. The current October 31 due date for all payment was established under a process where a payment was only given when a crop was destroyed due to infestation, and the destruction would have occurred prior to the October 31 date. Under current, recently amended rules, an organic grower is allowed to grow out acreage that is treated by the foundation under emergency pest or disease treatment program provisions as provided under Chapter 18 of this title (relating to Organic Standards and Certification). With this scenario, the Texas Boll Weevil Eradication Foundation (the foundation) would not have the data necessary to provide compensation until the crop is harvested and gin receipts are provided to indicate the amount of cotton harvested from treated fields. The amendment is made at the request of foundation staff and organic growers, and provides for payment of compensation within 30 days of the foundation's receiving the gin receipts from treated acres. In addition, the indemnification for crop destruction is also changed to be consistent, by requiring payment to be made within 30 days from the date of verification of actual crop destruction.

Brian Murray, Special Assistant for Producer Relations, has determined that for the first five-year period the amendment is in effect, there will be no fiscal implications for state government as a result of enforcing or administering the section, as amended. There will be no fiscal implication for local government as a result of enforcing or administering the section, as amended.

Mr. Murray also has determined that for each of the first five years the section, as amended, is in effect the public benefit anticipated as a result of enforcing the section will be a more efficient manner of compensating organic growers who are eligible for payment under the department's organic cotton rules. There will be no anticipated costs to microbusinesses, small or large businesses or to persons required to comply with the amendment.

Comments on the proposal may be submitted to Brian Murray, Special Assistant 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 to §3.608 are proposed under the Texas Agriculture Code §74.125, which provides the department with the authority to develop rules and procedures for growing of organic cotton in boll weevil eradication zones, including rules that provide indemnification for organic cotton growers for reasonable losses that result from a prohibition of production of organic cotton or from any requirement of destruction of cotton; and the Code, §74.120, which provides the department with the authority to adopt reasonable rules to carry out the purposes of the Code, Chapter 74, Subchapter D.

The code affected by this proposal is the Texas Agriculture Code, Chapter 74, Subchapter D.

§3.608.Calculation of Indemnity or Compensation.

(a)

(No change.)

(b)

If certified organic or transitional cotton on the grower's base acreage is destroyed through the requirements of this subchapter, any indemnification will be made within 30 days of verification of actual destruction, or if the acreage is treated by the foundation under emergency pest or disease treatment program provisions as provided under Chapter 18 of this title (relating to Organic Standards and Certification), any [ indemnification or ] compensation will be made within 30 days of receipt by the foundation of gin receipts for the acreage affected [ by October 31 of that year ].

(c)-(h)

(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 June 4, 2001.

TRD-200103078

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: July 15, 2001

For further information, please call: (512) 463-4075