4 TAC §4.3
The Texas Department of Agriculture (the department) proposes
an amendment to Chapter 4, Cooperative Marketing Associations, §4.3(c),
concerning fees charged to businesses who operate cooperative marketing associations.
The amendment to §4.3 is proposed to increase the fee charged to register
a cooperative marketing association with the department. The amendment is
further proposed to ensure that costs associated with the administration of
the department's cooperative marketing associations regulatory activities
are recovered as required by the Texas Agriculture Code, §12.0144, and
directed by the Texas Legislature, 78th Session, 2003.
David Kostroun, Assistant Commissioner for Regulatory Programs, 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 cooperative
marketing associations registration fees. There will be an approximate increase
in state revenue of $3750 per year, beginning in fiscal year 2004, as a result
of enforcing or administering the amended section. There will be no anticipated
cost to local government as a result of enforcing or administering the amended
section.
Mr. Kostroun has also determined that for each year of the first five years
the amended section is in effect, the public benefit anticipated as a result
of enforcing or administering the amended section will be that costs of implementing
the cooperative marketing associations program will be recovered. The anticipated
economic cost to those individuals, micro businesses and small businesses
affected by the proposed amended section will be a 150% increase to the fee
for each cooperative marketing association registered with the department.
Comments on the proposal may be submitted to Rick Garza, Coordinator for
Cooperative Marketing Associations, Texas Department of Agriculture, P.O.
Box 12847, Austin, Texas 78711, and must be received no later than 30 days
from the date of publication of the proposal in the
Texas Register
.
The amendment to §4.3 is proposed under the Texas Agriculture
Code (the code), §12.016, which provides the department with the authority
to adopt rules necessary for the enforcement and administration of the department's
Cooperative Marketing Associations Program; and §52.151 (c) which provides
the department with the authority to set by rule and charge a fee for the
registration of a cooperative marketing association under §4 of the code.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapter 52.
§4.3.Fees.
(a) - (b)
(No change.)
(c)
The annual license fee is
$25
[
$10
].
(d)
(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 July 10, 2003.
TRD-200304169
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 24, 2003
For further information, please call: (512) 463-4075