Part 1.
TEXAS DEPARTMENT OF AGRICULTURE
Chapter 1.
GENERAL PROCEDURES
The Texas Department of Agriculture (the department) adopts amendments
to Chapter 1, Subchapter C, §§1.73-1.75, and §1.78, concerning
Minority Purchasing, and new Chapter 1, Subchapter E, §1.207 and §1.208,
concerning advisory committees, without changes to the proposal published
in the April 23, 2004, issue of the
Texas Register
(29 TexReg 3889). The amendments to Subchapter C are adopted to clarify
the sections, and update legal citations and references to the state purchasing
agency in the department's minority purchasing rules. The new sections added
to Subchapter E are adopted to add advisory committees that have been established
since Subchapter E was last revised. In addition, the new sections are adopted
to provide interested members of the public with accurate information regarding
the department's minority purchasing policies and the department's advisory
committees. More specifically, the amendments to §§1.73-1.75, and §1.78
change the term "General Services Commission" to the current name of that
agency, the Texas Building and Procurement Commission. In addition, §1.73(b)
is amended to correct a legal cite, in §1.78, the effective date of rules
referenced at §1.78(a) and all of §1.78(b) are deleted as no longer
necessary, and §1.78(c) is amended to clarify where the department's
offices are located. New §1.207 adds the Wine Marketing Assistance Program
Advisory Committee to the list of the department's advisory committees. New §1.208
adds the Shrimp Marketing Assistance Program Advisory Committee to the list
of the department's advisory committees.
No comments were received on the proposal.
Subchapter C. MINORITY PURCHASING
4 TAC §§1.73 - 1.75, 1.78
The amendments to §§1.73-1.75 and §1.78 are
adopted under the Texas Agriculture Code (the code), §12.029, which requires
that the department establish by rule policies to encourage minority and female-owned
small businesses to bid for contract and open market purchases of the department;
and the Texas Government Code, §2161.003, which provides that a state
agency shall adopt the rules of the Texas Building and Procurement Commission,
under Section 2161.002 as the agency's own rules.
The code affected by the proposal is the Texas Government Code, Chapters
2155 and 2161, and the Texas Agriculture Code, Chapter 12.
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 May 27, 2004.
TRD-200403593
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: June 16, 2004
Proposal publication date: April 23, 2004
For further information, please call: (512) 463-4075
4 TAC §1.207, §1.208
New §1.207 and §1.208 are adopted under the Texas
Government Code, §2110.005, which requires an agency that establishes
an advisory committee to adopt rules to state the purpose and tasks of the
committee and manner in which the committee shall report to the agency; §2110.008,
which authorizes an agency establishing an advisory committee to designate
the duration of a committee; and the Texas Agriculture Code (the code), §12.016,
which authorizes the department to adopt rules necessary to carry out 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 May 27, 2004.
TRD-200403595
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: June 16, 2004
Proposal publication date: April 23, 2004
For further information, please call: (512) 463-4075
Subchapter B. BURROWING NEMATODE QUARANTINE
Subchapter E. ADVISORY COMMITTEES
Chapter 19.
QUARANTINES