4 TAC §17.52, §17.55
The Texas Department of Agriculture (the department) proposes
amendments to §17.52 and §17.55, concerning the department's GO
TEXAN membership program rules. The proposed amendments to §17.52 and §17.55
are made to make the sections consistent with the current practices established
as a result of the department's updating of its registration processing systems.
The amendments to §17.52 change the date when a statement setting forth
fees will be mailed by the department to existing program members, change
the due date for registration fees, and change the department's policy for
late payment of fees. The amendment to §17.55 provides that an applicant
must remit the required registration fee with the application, rather than
30 days after notification of approval.
Delane Caesar, assistant commissioner for marketing and promotion, has
determined that for the first five-year period the proposed amendment and
new section are in effect there will not be fiscal implications for state
or local government as a result of enforcing or administering the sections,
as amended.
Ms. Caesar has also determined that for each year of the first five years
the proposed amendments are in effect, the public benefit anticipated as a
result of administering and enforcing the amended sections will be that the
changes will make the program application process more efficient. There is
no cost anticipated to micro-businesses, small businesses or individuals required
to comply with the amendments.
Comments may be submitted to Delane Caesar, Assistant Commissioner for
Marketing and Promotion, P.O. Box 12847, Austin, Texas 78711. Comments must
be received no later than 30 days from the date of publication of the proposal
in the
Texas Register
.
The amendments to §17.52 and §17.55 are proposed under
the Texas Agriculture Code, §12.0175, which authorizes the department
to establish by rule programs to promote and market agricultural products
and other products, grown, processed or produced in the state and to charge
a membership fee for participation in such programs.
The code that will be affected by this proposal is the Texas Agriculture
Code, Chapter 12.
§17.52.Application for Registration to Use the TAP, Taste of Texas, Vintage Texas, Texas Grown, Naturally Texas, or GO TEXAN and Design Mark.
(a) - (e)
(No change.)
(f)
If approved, applicants shall remit the required registration
fee
with the application
[
within 30 days of notification of
approval
].
(g) - (q)
(No change.)
§17.55.Registration of Those Entitled to Use the TAP, Taste of Texas, Vintage Texas, Texas Grown, Naturally Texas, or GO TEXAN and Design Mark.
(a)
(No change.)
(b)
Procedure for annual renewal of registration of persons
authorized to use the TAP, Taste of Texas, Vintage Texas, Texas Grown, Naturally
Texas, or GO TEXAN and Design mark.
(1)
Forty-five days before the expiration date of August
31,
[
Between August 1 and August 31, annually,
] the department
shall mail to each person previously registered or licensed to use the GO
TEXAN and Design mark a statement setting forth the amount due as an annual
registration fee.
(2)
All payments are due
by the expiration date of August
31
[
within 30 days of the receipt of the billing statement
].
(3)
(No change.)
(4)
Failure to remit the annual registration fee within 60
days of the due date shall result in
the registrant being designated
as late
[
automatic termination of registration
].
Failure
to remit the annual registration fee within 366 days of the due date shall
result in the expiration of the registration and a new application for membership
will be required for re-instatement to the program.
(c) - (e)
(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 April 30, 2004.
TRD-200402919
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 13, 2004
For further information, please call: (512) 463-4075