4 TAC §12.30
The Texas Department of Agriculture (the department) proposes
amendments to Chapter 12 Weights and Measures, Subchapter D, §12.30,
concerning fees charged for metrology services. The amendments are proposed
to increase fees charged for metrology services to recover costs of upgrading
the department's metrology lab facility, replacing outdated equipment and
providing more detailed documentation on certificates of calibration. The
fees proposed for increase have not been increased by the department since
1991. The National Voluntary Laboratory Accreditation Program (NVLAP) standards
require metrology laboratories to meet stringent documentation, temperature,
humidity, and vibration controls in order to become accredited. The current
facility will not meet the required environmental standards. Increasing demand
from companies requesting the department to provide ISO9000 compliance certification
will require an upgrade of the department's laboratory. Associated costs for
the facility upgrade, replacing equipment, and providing this information
will affect cost recovery as required by the Texas Agriculture Code, §12.0144.
The increase in fees will allow the department to recover some of its cost
associated with testing, in accordance with §12.0144. In addition to
increasing tolerance testing fees, the amendments also provide, at new subsection
(c), that the increased fees will apply to any testing performed after August
31, 2001.
Patrick Forester, Coordinator for Metrology, has determined that for the
first five years the amended section is in effect, there will be fiscal implications
for state government due to the increase in fees for tolerance testing. There
will be an approximate increase in revenue of $101,967.00 per year as a result
of enforcing or administering the amended section. There will be no fiscal
implications for local governments as a result of enforcing or administering
the amended section.
Mr. Forester has also determined that for the first five years the amended
section is in effect, the public benefit anticipated as a result of enforcing
the amended section will be that Texas businesses and individuals will have
substantial marketing and audit benefits with a more detailed certificate
containing information such as: state primary standards information, before
and after calibration data, environmental conditions, procedure used, allowable
tolerance, and measurement uncertainties. In addition, replacing outdated
mechanical laboratory balances and upgrading lab facilities will improve measurement
accuracy and efficiency. The benefit for Texas businesses will be to provide
services that will meet internationally recognized quality standards. The
anticipated cost to individuals, microbusinesses and small businesses that
will be required to comply with the amended sections is an increase in tolerance
testing fees as follows: from $2 per weight to $5 per weight for weights of
less than 10 pounds; from $5 per weight to $10 per weight for weights of 10
pounds or more but less than 500 pounds; from $10 per weight to $20 per weight
for weights of 500 pounds or more, but less than 2500 pounds; from $20 per
weight to $40 per weight for weights of 2500 pounds or more; from $10 per
measure to $20 per measure for liquid measures of 5 gallons or less; from
$10 plus $.20 for each gallon over 5 gallons to $20 plus $.50 for each gallon
over 5 gallons, for liquid measures of more than 5 gallons; from $10 plus
$.20 for each gallon over 5 gallons, which is the current charge for liquid
petroleum gas (LPG) provers holding 25 gallons or less, to $25 per measure
for those measures; and from $10 plus $.20 for each gallon over 5 gallons,
which is the current charge for liquefied petroleum gas (LPG) provers holding
over 25 gallons, to $100 per measure for those measures.
Comments on the proposal may be submitted to Patrick Forester, Coordinator
for Metrology, 119 Cumberland Road, Austin, Texas 78704 and 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), §13.002 which provides the department with the authority
to adopt rules necessary for the enforcement and administration of the department's
Weights and Measures program; and §13.115, which provides the department
with the authority to set and charge a fee for the testing of a weight or
measure by the department's metrology laboratory.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapter 12 and Chapter 13, Subchapter C.
§12.30.Metrology Services.
(a)
(No change.)
(b)
Metrology services are available based on the following
fee schedule:
(1)
Weights.
(A)
(No change.)
(B)
Tolerance Test. NIST Class "P, Q, T, C, F"; ASTM Class
"4, 5, 6
, 7
"; OIML Class "M1, M2, M3"; and other weights: Less
than 10 pounds:
$5
[
$2
]; 10 pounds or more but less
than 500 pounds:
$10
[
$5
]; 500 pounds or more but less
than 2,500 pounds:
$20
[
$10
]; 2,500 pounds or more:
$40
[
$20
].
(2)
Volume Measures: 5 gallons or less:
$20
[
$10
]; More than 5 gallons:
$20
[
$10
] plus
$.50
[
$.20
] for each gallon over 5 gallons
; LPG provers
holding 25 gallons or less: $25; LPG provers holding over 25 gallons: $100
.
(3)
(No change.)
(c)
The metrology fees established in subsection
(b)(1)(B) and (b)(2) of this section shall apply to any and all testing performed
after August 31, 2001.
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 13, 2001.
TRD-200103340
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 29, 2001
For further information, please call: (512) 463-4075