Part 1.
TEXAS DEPARTMENT OF AGRICULTURE
Chapter 1.
GENERAL PROCEDURES
Subchapter B. COLLECTION OF DEBTS
4 TAC §1.56
The Texas Department of Agriculture (the department) adopts
new §1.56, concerning waiver of fees charged to persons obtaining licenses
or services from the department, without changes to the proposal published
in the November 14, 2003, issue of the
Texas Register
(28 TexReg 10007). New §1.56 is adopted to set forth the circumstances
for which a fee waiver is deemed appropriate. The new section is also adopted
to provide for the fair and equitable treatment of those persons who, without
a waiver, would otherwise be required to pay additional fees due to extraordinary
circumstances or events generally beyond their control, to avoid payment by
the agency of the unnecessary administrative overhead and fee processing costs
associated with interagency licensing transactions, and to allow for the promotion
of legitimate educational opportunities and programs through waiver of otherwise
necessary governmental fees. The new section includes definitions of terms
used in the section, notice requirements, a statement of circumstances under
which a fee will be waived, procedure to request a waiver of a fee, deadline
for filing of a request to waive a fee, procedures for the department's approval
of a request to waive a fee, circumstances for granting waivers, and provisions
for the delegation by an assistant commission of duties or privileges established
by the section.
No comments were received on the proposal.
The new section is adopted under the Texas Agriculture Code (the code), §12.034,
which provides the department with the authority to adopt rules which provide
for the waiver of licensing and inspection fees.
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 January 8, 2004.
TRD-200400123
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: January 28, 2004
Proposal publication date: November 14, 2003
For further information, please call: (512) 463-4075
Subchapter E. CREATION OF ERADICATION ZONES
Chapter 3.
BOLL WEEVIL ERADICATION PROGRAM