TITLE 4.AGRICULTURE

Part 2. TEXAS ANIMAL HEALTH COMMISSION

Chapter 59. GENERAL PRACTICES AND PROCEDURES

4 TAC §59.9, §59.10

The Texas Animal Health Commission proposes an addition to Chapter 59, which is entitled General Practices and Procedures. This proposes new §59.9 and §59.10. Section 59.9 will incorporate by reference, General Services Commission rules governing historically underutilized businesses (HUBs). Section 59.10 will establish agency standards for agency vehicles. Both of these rules fulfill requirements found in the Texas Government Code.

Mr. Bruce Hammond, Deputy Director for Administration and Finance, Texas Animal Health Commission, has determined for the first five-year period the rules are in effect, there will be no additional fiscal implications for state or local government as a result of administering the rules.

Mr. Hammond also has determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of the rules will be clear requirements regarding the use of HUBs as well as to establish commission standards for the operation, assignment and use of any agency vehicles.

In accordance with Government Code, §2001.022, this agency has determined that the adopted rule will not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission.

The agency has determined that the proposed governmental action will not affect private real property, and is, therefore, compliant with the Private Real Property Preservation Act in Government Code, Chapter 2007.

Comments regarding the proposed new rules may be submitted to Edith Smith, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0721 or by e-mail at "esmith@tahc.state.tx.us."

New §59.9 is adopted under the Texas Government Code Chapter 2161, §2161.003 which requires state agencies to adopt General Services Commission rules governing HUBs. New §59.10 is adopted under the Texas Government Code, Chapter 2171, §2171.1045 which requires that each state agency shall adopt rules relating to the assignment and use of the agency's vehicles.

No other statutes, articles or codes are affected by the proposed new rules.

§59.9.Historically Underutilized Business Programs.

The Commission adopts by reference the provisions of 1 Texas Administrative Code §§111.11 - 111.28 regarding Historically Underutilized Business (H.U.B.) programs.

§59.10.Agency Vehicles.

(a)

Vehicles owned, leased by, or rented by the Commission shall be maintained, assigned and operated in accordance with policies issued by the Executive Director and consistent with the state's vehicle management plan.

(b)

Each agency vehicle, with the exception of a vehicle assigned to a field employee, will be assigned to the agency motor pool and be available for checkout; and

(c)

The Commission will assign a vehicle to an individual administrative or executive employee on a regular or everyday basis only if the Executive Director makes a written documented finding that the assignment is critical to the needs and mission of the agency.

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 February 26, 2001.

TRD-200101146

Gene Snelson

General Counsel

Texas Animal Health Commission

Earliest possible date of adoption: April 8, 2001

For further information, please call: (512) 719-0714