Part 1.
TEXAS DEPARTMENT OF AGRICULTURE
Chapter 5.
FUEL QUALITY
4 TAC §5.6
The Texas Department of Agriculture (the department) adopts
amendments to Chapter 5, Fuel Quality, §5.6, without changes to the proposed
text, as published in the June 27, 2003, issue of the
Texas Register
(28 TexReg 4767). The amendments to §5.6 are adopted
to increase the fees collected for the purpose of enforcing and administering
the department's motor fuel testing program. The increase in fees will ensure
that costs to state government associated with the motor fuel testing program
are recovered as directed by the 78th Legislature, Regular Session, 2003.
The amendments increase the fee per liquid measuring device used to deliver
one gasoline product per nozzle from $2.10 to $2.50 and increases the fee
per device used to deliver multiple gasoline products per nozzle from $6.25
to $7.50.
Comments on the proposal were received from the Texas Farm Bureau (TFB)
in opposition to the proposed fee increases. The TFB, through its president,
Kenneth Dierschke, commented that it supports and appreciates the department's
functions and services, but that it feels the increased fees are not appropriate
and do not reflect the instructions of the state leadership not to raise taxes.
The TFB further stated its belief that fees collected by the department should
be used to fund the services provided to the segment of the population paying
the fees and not to fund services to the general public, and that agency services
should be funded by general revenue.
The department appreciates the TFB's support of the department's functions
and services, and is understanding of the TFB's concern over the affect of
fee increases on its members. However, the department was directed by the
Legislature to increase its fees in order to recover direct and indirect costs
to state government to implement state programs. Due to the large budget shortfall,
during the course of the appropriations process all agencies were asked to
do their part to contribute toward eliminating the budget shortfall, including
cutting agency costs and raising agency fees. Moreover, in reviewing revenue
generated by agency fees, the department discovered that some agency fees
have not been increased for a number of years, while costs to the state as
a whole to implement programs has continued to increase.
The department does agree with the TFB that services should be funded by
the General Revenue Fund. What may not be clear is that the department's regulatory
programs are not funded directly by fees, but by general revenue. All but
a small percentage of fee revenue collected by the department and other state
agencies goes into the General Revenue Fund and from that fund is then appropriated
to agencies to cover their costs. Also, while the TFB is correct that the
state leadership, including the Governor and the Legislature, were clear in
their instruction not to raise taxes, the TFB is not correct in viewing license
and permit fees as taxes. Such fees, by definition, are not taxes and have
often been used as vehicles for the generation of state revenue, as was the
case in the 78th legislative session.
The amendments to §5.6 are adopted under Article 8614, Vernon's
Texas Civil Statutes, §9, which provides the department with authority
to adopt rules necessary for the regulation of the sale of motor fuels and
to impose a fee for testing, inspection or performance of other services necessary
for administration of Article 8614.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 11, 2003.
TRD-200304964
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: September 1, 2003
Proposal publication date: June 27, 2003
For further information, please call: (512) 463-4075
Subchapter B. DEVICES
4 TAC §12.12
The Texas Department of Agriculture (the department) adopts
amendments to Chapter 12, Weights and Measures, Subchapter B, Devices, §12.12,
without changes to the proposed text, as published in the June 27, 2003, issue
of the
Texas Register
(28 TexReg 4767). The
amendments to §12.12 are adopted to increase the fees charged to register
weights and measures devices with the department. The increase in fees will
allow the department to recover its costs associated with the administration
of the department's weights and measures regulatory activities as required
by the Texas Agriculture Code, §12.0144 and directed by the 78th Legislature,
Regular Session, 2003. The amendments increase by 20% the registration fees
for each weights and measures device registered with the department.
Comments on the proposal were received from the Texas Farm Bureau (TFB)
in opposition to the proposed fee increases. The TFB, through its president,
Kenneth Dierschke, commented that it supports and appreciates the department's
functions and services, but that it feels the increased fees are not appropriate
and do not reflect the instructions of the state leadership not to raise taxes.
The TFB further stated its belief that fees collected by the department should
be used to fund the services provided to the segment of the population paying
the fees and not to fund services to the general public, and that agency services
should be funded by general revenue.
The department appreciates the TFB's support of the department's functions
and services, and is understanding of the TFB's concern over the affect of
fee increases on its members. However, the department was directed by the
Legislature to increase its fees in order to recover direct and indirect costs
to state government to implement state programs. Due to the large budget shortfall,
during the course of the appropriations process all agencies were asked to
do their part to contribute toward eliminating the budget shortfall, including
cutting agency costs and raising agency fees. Moreover, in reviewing revenue
generated by agency fees, the department discovered that some agency fees
had not been increased for a number of years, while costs to the state as
a whole to implement programs have continued to increase.
The department does agree with the TFB that services should be funded by
the General Revenue Fund. What may not be clear is that the department's regulatory
programs are not funded directly by fees, but by general revenue. All but
a small percentage of fee revenue collected by the department and other state
agencies goes into the General Revenue Fund and from that fund is then appropriated
to agencies to cover their costs. Also, while the TFB is correct that the
state leadership, including the Governor and the Legislature, were clear in
their instruction not to raise taxes, the TFB is not correct in viewing license
and permit fees as taxes. Such fees, by definition, are not taxes and have
often been used as vehicles for the generation of state revenue, as was the
case in the 78th legislative session.
The amendments to §12.12 are adopted under the Texas Agriculture
Code (the code), §13.002, which provides the department with authority
to adopt rules necessary for the enforcement and administration of the department's
Weights and Measures Program; and §13.1151, which provides the department
with the authority to set by rule and charge a fee for the registration of
a pump, scale, bulk or liquefied petroleum gas metering device required under §13.1011
of the code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 11, 2003.
TRD-200304965
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: September 1, 2003
Proposal publication date: June 27, 2003
For further information, please call: (512) 463-4075
4 TAC §12.30
The Texas Department of Agriculture (the department) adopts
amendments to Chapter 12, Weights and Measures, Subchapter D. Metrology, §12.30,
concerning fees charged for metrology services, without changes to the proposal
published in the June 27, 2003, issue of the
Texas
Register
(28 TexReg 4767). The amendments are adopted to increase fees
charged for metrology services in order to recover costs of administration
of the departments metrology program, in accordance with Texas Agriculture
Code, 12.0144, and the directive of the 78th Legislature, Session, 2003.
The amendments increase precision testing fees as follows: from $25 per
weight to $40 per weight for weights up to and including 3 kilograms, from
$50 per weight to $80 per weight for weights more than 3 kilograms, up to
and including 30 kilograms, from $70 per weight to $100 per weight for weights
more than 30 kilograms; and tolerance testing fees as follows: from $5 per
weight to $10 per weight for weights less than 10 pounds, from $10 per weight
to $20 per weight for weights 10 pounds or more but less than 500 pounds,
from $20 per weight to $40 per weight for weights 500 pounds or more but less
than 2,500 pounds, from $40 per weight to $80 per weight for weights 2,500
pounds or more; and volume measure testing fees as follows: from $20 per measure
to $40 per measure for liquid measures 5 gallons or less, from $20 plus $.50
for each gallon over 5 gallons to $40 plus $.50 for each gallon over 5 gallons
for liquid measures more than 5 gallons, from $25 to $100 for liquefied petroleum
gas (LPG) provers 25 gallons or less, from $100 to $250 for liquefied petroleum
gas (LPG) provers over 25 gallons. The amendments also increase fees for testing
increments from $25 per increment to $50 per increment.
The department received comments from the Texas Farm Bureau (TFB) opposing
the proposed fee increases. The TFB, through its president, Kenneth Dierschke,
commented that it supports and appreciates the department's functions and
services, but that it feels the increased fees are not appropriate and do
not reflect the instructions of the state leadership not to raise taxes. The
TFB further stated its belief that fees collected by the department should
be used to fund the services provided to the segment of the population paying
the fees and not to fund services to the general public, and that agency services
should be funded by general revenue.
The department appreciates the TFB's support of the department's functions
and services, and is understanding of the TFB's concern over the affect of
fee increases on its members. However, the department was directed by the
Legislature to increase its fees in order to recover direct and indirect costs
to state government to implement state programs. Due to the large budget shortfall,
during the course of the appropriations process all agencies were asked to
do their part to contribute toward eliminating the budget shortfall, including
cutting agency costs and raising agency fees. Moreover, in reviewing revenue
generated by agency fees, the department discovered that some agency fees
had not been increased for a number of years, while costs to the state as
a whole to implement programs have continued to increase.
The department does agree with the TFB that services should be funded by
the General Revenue Fund. What may not be clear is that the department's regulatory
programs are not funded directly by fees, but by general revenue. All but
a small percentage of fee revenue collected by the department and other state
agencies goes into the General Revenue Fund and from that fund is then appropriated
to agencies to cover their costs. Also, while the TFB is correct that the
state leadership, including the Governor and the Legislature, were clear in
their instruction not to raise taxes, the TFB is not correct in viewing license
and permit fees as taxes. Such fees, by definition, are not taxes and have
often been used as vehicles for the generation of state revenue, as was the
case in the 78th legislative session.
The amendments to §12.30 are adopted 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 the Code, §13.115(c) and 13.115(d),
which provide 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 11, 2003.
TRD-200304966
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: September 1, 2003
Proposal publication date: June 27, 2003
For further information, please call: (512) 463-4075
4 TAC §12.43
The Texas Department of Agriculture (the department) adopts
amendments to Chapter 12, Weights and Measures, Subchapter E, Licensed Service
Companies, §12.43, without changes to the proposed text, as published
in the June 27, 2003 issue of the
Texas Register
(28 TexReg 4765). The amendments to §12.43 are adopted to increase
the fees charged to license a weights and measures service company with the
department. The increase in fees will allow the department to recover its
costs associated with the administration of the department's weights and measures
regulatory activities as required by the Texas Agriculture Code, §12.0144
and directed by the 78th Legislature, Regular Session, 2003. The amendment
increases the fee for licensed service companies from $75 to $90.
Comments on the proposal were received from the Texas Farm Bureau (TFB)
in opposition to the proposed fee increases. The TFB, through its president,
Kenneth Dierschke, commented that it supports and appreciates the department's
functions and services, but that it feels the increased fees are not appropriate
and do not reflect the instructions of the state leadership not to raise taxes.
The TFB further stated its belief that fees collected by the department should
be used to fund the services provided to the segment of the population paying
the fees and not to fund services to the general public, and that agency services
should be funded by general revenue.
The department appreciates the TFB's support of the department's functions
and services, and is understanding of the TFB's concern over the affect of
fee increases on its members. However, the department was directed by the
Legislature to increase its fees in order to recover direct and indirect costs
to state government to implement state programs. Due to the large budget shortfall,
during the course of the appropriations process all agencies were asked to
do their part to contribute toward eliminating the budget shortfall, including
cutting agency costs and raising agency fees. Moreover, in reviewing revenue
generated by agency fees, the department discovered that some agency fees
had not been increased for a number of years, while costs to the state as
a whole to implement programs have continued to increase.
The department does agree with the TFB that services should be funded by
the General Revenue Fund. What may not be clear is that the department's regulatory
programs are not funded directly by fees, but by general revenue. All but
a small percentage of fee revenue collected by the department and other state
agencies goes into the General Revenue Fund and from that fund is then appropriated
to agencies to cover their costs. Also, while the TFB is correct that the
state leadership, including the Governor and the Legislature, were clear in
their instruction not to raise taxes, the TFB is not correct in viewing license
and permit fees as taxes. Such fees, by definition, are not taxes and have
often been used as vehicles for the generation of state revenue, as was the
case in the 78th legislative session.
The amendments to §12.43 are adopted under the Texas Agriculture
Code (the code), §13.002, which provides the department with the authority
to adopt rules as necessary for the enforcement and administration of the
department's Weights and Measures Program; and the code, §13.1012, which
authorizes the department to set by rule and collect a registration fee for
persons servicing weighing and measuring devices.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 11, 2003.
TRD-200304967
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: September 1, 2003
Proposal publication date: June 27, 2003
For further information, please call: (512) 463-8170
4 TAC §12.53
The Texas Department of Agriculture (the department) adopts
amendments to Chapter 12, Weights and Measures, Subchapter F, Licensed Inspection
Companies, §12.53, without changes to the proposed text, as published
in the June 27, 2003 issue to the
Texas Register
(28 TexReg 4765). The amendments to §12.53 are adopted to increase
the fees charged to register a weights and measures inspection company with
the department and to increase the maximum amount that licensed inspection
companies can charge for LPG meter and ranch scale inspections, as required
by the Texas Agriculture Code, §12.0144 and directed by the 78th Legislature,
Regular Session, 2003. The amendments increase the fee licensed inspection
companies may charge for inspections from $150 to $250, and the registration
fee for such companies from $75 to $90.
Comments were received from the Texas Farm Bureau (TFB) in opposition to
the proposed fee increases. The TFB, through its president, Kenneth Dierschke,
commented that it supports and appreciates the department's functions and
services, but that it feels the increased fees are not appropriate and do
not reflect the instructions of the state leadership not to raise taxes. The
TFB further stated its belief that fees collected by the department should
be used to fund the services provided to the segment of the population paying
the fees and not to fund services to the general public, and that agency services
should be funded by general revenue.
The department appreciates the TFB's support of the department's functions
and services, and is understanding of the TFB's concern over the affect of
fee increases on its members. However, the department was directed by the
Legislature to increase its fees in order to recover direct and indirect costs
to state government to implement state programs. Due to the large budget shortfall,
during the course of the appropriations process all agencies were asked to
do their part to contribute toward eliminating the budget shortfall, including
cutting agency costs and raising agency fees. Moreover, in reviewing revenue
generated by agency fees, the department discovered that some agency fees
had not been increased for a number of years, while costs to the state as
a whole to implement programs have continued to increase.
The department does agree with the TFB that services should be funded by
the General Revenue Fund. What may not be clear is that the department's regulatory
programs are not funded directly by fees, but by general revenue. All but
a small percentage of fee revenue collected by the department and other state
agencies goes into the General Revenue Fund and from that fund is then appropriated
to agencies to cover their costs. Also, while the TFB is correct that the
state leadership, including the Governor and the Legislature, were clear in
their instruction not to raise taxes, the TFB is not correct in viewing license
and permit fees as taxes. Such fees, by definition, are not taxes and have
often been used as vehicles for the generation of state revenue, as was the
case in the 78th legislative session.
The amendments to §12.53 are adopted under the Texas Agriculture
Code (the code), §13.002, which provides the department with the authority
to adopt rules as necessary for the enforcement and administration of the
department's Weights and Measures Program; and the code §13.403, which
authorizes the department to establish by rule an annual license fee for licensed
inspectors of weighing and measuring devices.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 11, 2003.
TRD-200304968
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: September 1, 2003
Proposal publication date: June 27, 2003
For further information, please call: (512) 463-4075
12 TAC §12.60
The Texas Department of Agriculture (the department) adopts
amendments to Chapter 12, Weights and Measures, Subchapter G, Registered Technicians, §12.60,
without changes to the proposed text, as published in the June 27, 2003 issue
of the
Texas Register
(28 TexReg 4767). The
amendments to §12.60 are adopted to increase the examination fee charged
for each exam administered. The increase in fees will allow the department
to recover its costs associated with the administration of the department's
weights and measures regulatory activities as required by the Texas Agriculture
Code, §12.0144 and directed by the 78th Legislature, Regular Session,
2003. The amendment increases the examination fee for registered technicians
from $50 to $60.
Comments were received from the Texas Farm Bureau (TFB) in opposition
to the proposed fee increases. The TFB, through its president, Kenneth Dierschke,
commented that it supports and appreciates the department's functions and
services, but that it feels the increased fees are not appropriate and do
not reflect the instructions of the state leadership not to raise taxes. The
TFB further stated its belief that fees collected by the department should
be used to fund the services provided to the segment of the population paying
the fees and not to fund services to the general public, and that agency services
should be funded by general revenue.
The department appreciates the TFB's support of the department's functions
and services, and is understanding of the TFB's concern over the affect of
fee increases on its members. However, the department was directed by the
Legislature to increase its fees in order to recover direct and indirect costs
to state government to implement state programs. Due to the large budget shortfall,
during the course of the appropriations process all agencies were asked to
do their part to contribute toward eliminating the budget shortfall, including
cutting agency costs and raising agency fees. Moreover, in reviewing revenue
generated by agency fees, the department discovered that some agency fees
had not been increased for a number of years, while costs to the state as
a whole to implement programs have continued to increase.
The department does agree with the TFB that services should be funded by
the General Revenue Fund. What may not be clear is that the department's regulatory
programs are not funded directly by fees, but by general revenue. All but
a small percentage of fee revenue collected by the department and other state
agencies goes into the General Revenue Fund and from that fund is then appropriated
to agencies to cover their costs. Also, while the TFB is correct that the
state leadership, including the Governor and the Legislature, were clear in
their instruction not to raise taxes, the TFB is not correct in viewing license
and permit fees as taxes. Such fees, by definition, are not taxes and have
often been used as vehicles for the generation of state revenue, as was the
case in the 78th legislative session.
The amendments to §12.60 are adopted under the Texas Agriculture
Code (the code), §13.002, which provides the department with the authority
to adopt rules as necessary for the for enforcement and administration of
the department's Weights and Measures Program; and the code, §13.1012,
which authorizes the department to set by rule and collect a registration
fee for persons servicing weights and measures devices.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 11, 2003.
TRD-200304969
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: September 1, 2003
Proposal publication date: June 27, 2003
For further information, please call: (512) 463-4075
4 TAC §12.73
The Texas Department of Agriculture (the department) adopts
amendments to Chapter 12, Weights and Measures, Subchapter H, Public Weighers, §12.73,
without changes to the proposed text, as published in the June 27, 2003 issue
of the
Texas Register
(28 TexReg 4766). The
amendments to §12.73 are adopted to increase the fees charged to license
a public weigher with the department. The increase in fees will allow the
department to recover its costs associated with the administration of the
department's weights and measures regulatory activities as required by the
Texas Agriculture Code, §12.0144 and directed by the 78th Legislature,
Regular Session, 2003. The amendments increases the fee for a county or deputy
public weigher from $100 to $120 and increase the fee for a state public weigher
from $400 to $480.
Comments were received from the Texas Farm Bureau (TFB) in opposition
to the proposed fee increases. The department received comments from the Texas
Farm Bureau (TFB) opposing the proposed fee increases. The TFB, through its
president, Kenneth Dierschke, commented that it supports and appreciates the
department's functions and services, but that it feels the increased fees
are not appropriate and do not reflect the instructions of the state leadership
not to raise taxes. The TFB further stated its belief that fees collected
by the department should be used to fund the services provided to the segment
of the population paying the fees and not to fund services to the general
public, and that agency services should be funded by general revenue.
The department appreciates the TFB's support of the department's functions
and services, and is understanding of the TFB's concern over the affect of
fee increases on its members. However, the department was directed by the
Legislature to increase its fees in order to recover direct and indirect costs
to state government to implement state programs. Due to the large budget shortfall,
during the course of the appropriations process all agencies were asked to
do their part to contribute toward eliminating the budget shortfall, including
cutting agency costs and raising agency fees. Moreover, in reviewing revenue
generated by agency fees, the department discovered that some agency fees
had not been increased for a number of years, while costs to the state as
a whole to implement programs have continued to increase.
The department does agree with the TFB that services should be funded by
the General Revenue Fund. What may not be clear is that the department's regulatory
programs are not funded directly by fees, but by general revenue. All but
a small percentage of fee revenue collected by the department and other state
agencies goes into the General Revenue Fund and from that fund is then appropriated
to agencies to cover their costs. Also, while the TFB is correct that the
state leadership, including the Governor and the Legislature, were clear in
their instruction not to raise taxes, the TFB is not correct in viewing license
and permit fees as taxes. Such fees, by definition, are not taxes and have
often been used as vehicles for the generation of state revenue, as was the
case in the 78th legislative session.
The amendments to §12.73 are adopted under the Texas Agriculture
Code (the code), §13.002, which provides the department with the authority
to adopt rules as necessary for the enforcement and administration of the
department's Weights and Measures Program; and the code, §13.255, which
authorizes the department to set by rule and collect a nonrefundable fee for
issuing a certificate of authority for a County or Deputy public weigher.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 11, 2003.
TRD-200304970
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: September 1, 2003
Proposal publication date: June 27, 2003
For further information, please call: (512) 463-4075
Subchapter A. GENERAL PROVISIONS
4 TAC §14.3
The Texas Department of Agriculture (the department) adopts
amendments to Chapter 14, §14.3, concerning fees charged to licensed
businesses who handle Texas grown perishable commodities for resale, without
changes to the proposed text as published in the July 4, 2003, issue of the
No public comments were received regarding the proposal.
The amendments to §14.3 are adopted under the Texas Agriculture
Code, §101.006, which provides the Texas Department of Agriculture with
the authority to set by rule and charge a fee for a cash dealer registration,
a general license and a buying and/or transporting agent identification card.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 8, 2003.
TRD-200304924
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: September 1, 2003
Proposal publication date: July 4, 2003
For further information, please call: (512) 463-4075
4 TAC §15.4
The Texas Department of Agriculture (the department) adopts
amendments to Chapter 15, Egg Law, §15.4, without changes to the proposed
text, as published in the June 27, 2003, issue of the
Texas Register
(28 TexReg 4767). The amendments to §15.4 are adopted
to increase the license fees for an egg dealer/wholesaler, processor, or broker.
The increase in fees will allow the department to recover its costs associated
with the administration of the department's egg law regulatory activities
as required by the Texas Agriculture Code, §12.0144 and directed by the
78th Legislature, Regular Session, 2003. The amendments increase fees for
dealer/wholesaler class 1, 2, 3, 4 and processor class 1 and 2 licenses by
33% and increase dealer/wholesaler classes 5-12, processor class 3 and 4 and
broker.
Comments were received from the Texas Farm Bureau (TFB) in opposition to
the proposed fee increases. The department received comments from the Texas
Farm Bureau (TFB) opposing the proposed fee increases. The TFB, through its
president, Kenneth Dierschke, commented that it supports and appreciates the
department's functions and services, but that it feels the increased fees
are not appropriate and do not reflect the instructions of the state leadership
not to raise taxes. The TFB further stated its belief that fees collected
by the department should be used to fund the services provided to the segment
of the population paying the fees and not to fund services to the general
public, and that agency services should be funded by general revenue.
The department appreciates the TFB's support of the department's functions
and services, and is understanding of the TFB's concern over the affect of
fee increases on its members. However, the department was directed by the
Legislature to increase its fees in order to recover direct and indirect costs
to state government to implement state programs. Due to the large budget shortfall,
during the course of the appropriations process all agencies were asked to
do their part to contribute toward eliminating the budget shortfall, including
cutting agency costs and raising agency fees. Moreover, in reviewing revenue
generated by agency fees, the department discovered that some agency fees
had not been increased for a number of years, including the fees for egg licenses,
while costs to the state as a whole to implement programs have continued to
increase.
The department does agree with the TFB that services should be funded by
the General Revenue Fund. What may not be clear is that the department's regulatory
programs are not funded directly by fees, but by general revenue. All but
a small percentage of fee revenue collected by the department and other state
agencies goes into the General Revenue Fund and from that fund is then appropriated
to agencies to cover their costs. Also, while the TFB is correct that the
state leadership, including the Governor and the Legislature, were clear in
their instruction not to raise taxes, the TFB is not correct in viewing license
and permit fees as taxes. Such fees, by definition, are not taxes and have
often been used as vehicles for the generation of state revenue, as was the
case in the 78th legislative session.
The amendments to §15.4 are adopted under the Texas Agriculture
Code (the code), §132.003, which provides the department with the authority
to adopt rules as necessary for the for administration of the code, chapter
132; and the code §132.026 which authorizes the department to set by
rule a fee for an egg dealer-wholesaler license, and the code, §132.028,
which authorizes the department to set by rule and charge a fee for an egg
brokers license.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 8, 2003.
TRD-200304917
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: September 1, 2003
Proposal publication date: June 27, 2003
For further information, please call: (512) 463-4075
4 TAC §16.3
The Texas Department of Agriculture (the department) adopts
amendments to Chapter 16, Aquaculture, §16.3 without changes to the proposed
text, as published in the June 27, 2003, issue of the
Texas Register
(28 TexReg 4767). The amendments to §16.3 are adopted
to increase the fees charged to license an aquaculture facility or a fish
farm vehicle. The increase in fees will allow the department to recover its
costs associated with the administration of the department's aquaculture regulatory
activities as required by the Texas Agriculture Code, §12.0144 and directed
by the 78th Legislature, Regular Session, 2003. The amendment increases the
aquaculture license fee from $100 to $120.
Comments were received from the Texas Farm Bureau (TFB) in opposition to
the proposed fee increases. The TFB, through its president, Kenneth Dierschke,
commented that it supports and appreciates the department's functions and
services, but that it feels the increased fees are not appropriate and do
not reflect the instructions of the state leadership not to raise taxes. The
TFB further stated its belief that fees collected by the department should
be used to fund the services provided to the segment of the population paying
the fees and not to fund services to the general public, and that agency services
should be funded by general revenue.
The department appreciates the TFB's support of the department's functions
and services, and is understanding of the TFB's concern over the affect of
fee increases on its members. However, the department was directed by the
Legislature to increase its fees in order to recover direct and indirect costs
to state government to implement state programs. Due to the large budget shortfall,
during the course of the appropriations process all agencies were asked to
do their part to contribute toward eliminating the budget shortfall, including
cutting agency costs and raising agency fees. Moreover, in reviewing revenue
generated by agency fees, the department discovered that some agency fees
have not been increased for a number of years, while costs to the state as
a whole to implement programs has continued to increase.
The department does agree with the TFB that services should be funded by
the General Revenue Fund. What may not be clear is that the department's regulatory
programs are not funded directly by fees, but by general revenue. All but
a small percentage of fee revenue collected by the department and other state
agencies goes into the General Revenue Fund and from that fund is then appropriated
to agencies to cover their costs. Also, while the TFB is correct that the
state leadership, including the Governor and the Legislature, were clear in
their instruction not to raise taxes, the TFB is not correct in viewing license
and permit fees as taxes. Such fees, by definition, are not taxes and have
often been used as vehicles for the generation of state revenue, as was the
case in the 78th legislative session.
The amendments are adopted under the Texas Agriculture Code
(the code), §134.005, which provides the department with the authority
to adopt rules as necessary for carrying out the department's duties under
the code, chapter 134; and the code §134.014, which authorizes the department
to set and charge a fee for an aquaculture license or a fish farm vehicle
license.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 8, 2003.
TRD-200304919
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: September 1, 2003
Proposal publication date: June 27, 2003
For further information, please call: (512) 463-4075
Subchapter B. LIVESTOCK EXPORT FACILITIES
4 TAC §17.31
The Texas Department of Agriculture (the department) adopts
amendments to §17.31, concerning operation of livestock export facilities,
without changes to the proposal published in the July 4, 2003, issue of the
In addition to the fee increases noted above, Subsection (k) of §17.31
is amended to formalize the department's current policy of not accepting cash
payments for services. New subsection 17.31(l) is added to establish a fee
for animals other than sheep, goats, horses, mules, cattle, hogs, poultry,
or exotic livestock or fowl. In past fees for these animals were established
on a case-by-case basis. The amendment establishes a consistent fee for these
animals for pen facilities on the Texas-Mexico border.
No comments were received on the proposal.
The amendments to §17.31 are adopted under the Texas Agriculture
Code (the Code), §146.021, which provides the department with the authority
to establish and collect reasonable fees for yardage, maintenance, feed, medical
care, and other necessary expenses incurred by the department in the course
of processing those animals; and the Code, §12.016, which provides the
department with the authority to adopt rules as necessary to administer its
duties under the Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 8, 2003.
TRD-200304918
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: September 1, 2003
Proposal publication date: July 4, 2003
For further information, please call: (512) 463-4075
Subchapter A. GENERAL QUARANTINE PROVISIONS
4 TAC §19.3
The Texas Department of Agriculture (the department) adopts
amendments to §19.3, concerning the inspection fee for the issuance of
a phytosanitary certificate, without changes to the proposal published in
the June 20, 2003, issue of
Texas Register
(28
TexReg 4619). The amendments to §19.3 are adopted to increase the fee
for a phytosanitary growing season inspection and state phytosanitary inspection
and certification, as directed by the 78th Legislature, Regular Session, 2003,
and to establish an inspection fee for issuance of a federal phytosanitary
certificate. A phytosanitary inspection certificate is issued if an article
is inspected and is found free of pest infestation. The department issues
three types of phytosanitary certificates; a phytosanitary growing season
inspection certificate, a state phytosanitary certificate, and a federal phytosanitary
certificate. A phytosanitary growing season inspection certificate is issued
for the inspection of field crops for export. A state phytosanitary certificate
is issued for the export of agricultural commodities to other states, while
a federal phytosanitary certificate is issued for the export of agricultural
commodities to other countries. A federal phytosanitary certificate is issued
under the authority of the U.S. Plant Protection Act of 1999 through a cooperative
agreement with United States Department of Agriculture. The fee for an inspection
to issue a phytosanitary growing season inspection certificate or a state
phytosanitary certificate has not increased since 1996. The amendments increase
the fee for a phytosanitary growing season inspection and state phytosanitary
inspection and certification from $25 to $30, and establish an inspection
fee of $50 for issuance of a federal phytosanitary certificate.
The department received comments from the Texas Farm Bureau (TFB) opposing
the proposed fee increases. The TFB, through its president, Kenneth Dierschke,
commented that it supports and appreciates the department's functions and
services, but that it feels the increased fees are not appropriate and do
not reflect the instructions of the state leadership not to raise taxes. The
TFB further stated its belief that fees collected by the department should
be used to fund the services provided to the segment of the population paying
the fees and not to fund services to the general public, and that agency services
should be funded by general revenue.
The department appreciates the TFB's support of the department's functions
and services, and is understanding of the TFB's concern over the affect of
fee increases on its members. However, the department was directed by the
Legislature to increase its fees in order to recover direct and indirect costs
to state government to implement state programs. Due to the large budget shortfall,
during the course of the appropriations process all agencies were asked to
do their part to contribute toward eliminating the budget shortfall, including
cutting agency costs and raising agency fees. Moreover, in reviewing revenue
generated by agency fees, the department discovered that some agency fees,
such as fees assessed by the department for state phytosanitary inspection
and certification, had not been increased for a number of years, while costs
to the state as a whole to implement programs have continued to increase.
The department does agree with the TFB that services should be funded by
the General Revenue Fund. What may not be clear is that the department's regulatory
programs are not funded directly by fees, but by general revenue. All but
a small percentage of fee revenue collected by the department and other state
agencies goes into the General Revenue Fund and from that fund is then appropriated
to agencies to cover their costs. Also, while the TFB is correct that the
state leadership, including the Governor and the Legislature, were clear in
their instruction not to raise taxes, the TFB is not correct in viewing license
and permit fees as taxes. Such fees, by definition, are not taxes and have
often been used as vehicles for the generation of state revenue, as was the
case in the 78th legislative session.
The amendments to §19.3 are adopted under the Texas Agriculture
Code, §12.021, which authorizes the department to collect an inspection
fee for a phytosanitary inspection required by other states and foreign countries
for agricultural products, processed products, or equipment exported from
this state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on August 8, 2003.
TRD-200304922
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: September 1, 2003
Proposal publication date: June 20, 2003
For further information, please call: (512) 463-4075
Chapter 12.
WEIGHTS AND MEASURES
Subchapter D. METROLOGY
Subchapter E. LICENSED SERVICE COMPANIES
Subchapter F. LICENSED INSPECTION COMPANIES
Subchapter G. REGISTERED TECHNICIANS
Subchapter H. PUBLIC WEIGHERS
Chapter 14.
PERISHABLE COMMODITIES HANDLING AND MARKETING PROGRAM
Chapter 15.
EGG LAW
Chapter 16.
AQUACULTURE
Chapter 17.
MARKETING AND PROMOTION DIVISION
Chapter 19.
QUARANTINES
Chapter 22.
NURSERY PRODUCTS AND FLORAL ITEMS