Part 1.
TEXAS DEPARTMENT OF AGRICULTURE
Chapter 1.
GENERAL PROCEDURES
Subchapter N. FOOD AND FIBERS RESEARCH GRANT PROGRAM RULES
4 TAC §§1.920 - 1.928
The Texas Department of Agriculture (the department) proposes
new Title 4, Part 1, Chapter 1, Subchapter N, §§1.920 - 1.928, concerning
the department's Food and Fibers Research Grant Program (Program) rules. The
new sections are proposed to establish operating rules for the Program, a
grant program that provides funding for surveys, research, and investigations
relating to the use of cotton fiber, cottonseed, oilseed products, other products
of the cotton plant, wool, mohair, and other textile products. Proposed new §1.920
provides definitions to be used in the new subchapter. Proposed new §1.921
provides a statement of purpose of the Program. Proposed new §1.922 provides
for administration of the program. Proposed new §1.923 provides the application
and selection process for the program. Proposed new §1.924 provides the
make-up and operation of the Food and Fibers Research Council. Proposed new §1.925
provides primary research areas eligible for funding under the program. Proposed
new §1.926 provides proposal submission requirements. Proposed new §1.927
provides the process for proposal review and selection. Proposed new §1.928
provides reporting requirements for grant recipients.
Bob Avant, Director, Food and Fibers Research Grant Program, has determined
that for the first five-year period the proposed new sections are in effect
there will be no fiscal implications for state or local government as a result
of administering or enforcing the proposed new sections.
Mr. Avant has also determined that for each year of the first five years
the proposed new sections are in effect, the public benefit anticipated as
a result of administering and enforcing the new sections will be increased
research benefits for the food and fibers sector of the Texas economy. There
will be no cost to micro-businesses or small businesses, since application
is limited to governmental entities, or cost to persons required to comply
with the new sections, as proposed.
Comments may be submitted to Bob Avant, Director, Food and Fibers Research
Program, 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
New §§1.920 - 1.928 are proposed under the Texas Agriculture
Code (the Code), §42.003, which authorizes the department to adopt rules
necessary to administer the Food and Fibers Research Grant Program.
The code that will be affected by this proposal is the Texas Agriculture
Code, Chapter 42.
§1.920.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Commissioner--The commissioner of agriculture of the state
of Texas.
(2)
Council--The Food and Fibers Research Council, as established
by the Texas Agriculture Code, Chapter 42.
(3)
Department--The Texas Department of Agriculture.
(4)
Program--The Food and Fibers Research Grant Program, as
set forth in the Texas Agriculture Code, Chapter 42.
§1.921.Purpose.
The purpose of the Program is to assist the fibers and oilseeds industries
in this state by identifying and obtaining available funding from public and
private entities for the support of applied research related to fibers and
oilseeds. The Council shall provide funding for surveys, research, and investigations
relating to the use of cotton fiber, cottonseed, oilseed products, other products
of the cotton plant, wool, mohair, and other textile products.
§1.922.Administration.
(a)
The Program shall be administered by a Program director
appointed by the Commissioner, who shall interact with staff and officials
of universities, federal government, and state government concerning Program
activities and projects.
(b)
The Program director may:
(1)
communicate with Council members;
(2)
interact with producers and members of the industries that
the Program serves;
(3)
request and review research proposals;
(4)
recommend research projects for funding by the Council;
(5)
monitor approved research projects at the universities;
(6)
monitor other private, federal, and state research;
(7)
receive and review research reports; and
(8)
receive, review, and approve payment vouchers.
(c)
The Council shall approve the Program budget and projects
to be funded in accordance with §42.004 of the Texas Agriculture Code.
§1.923.Council.
(a)
The Food and Fibers Research Council is made up of the
following members appointed by the commissioner:
(1)
the commissioner or the commissioner's designee;
(2)
two representatives of the Texas Cotton Producers' Association;
(3)
a representative of the Texas Cotton Association;
(4)
a representative of the Texas Cotton Ginners' Association;
(5)
a representative of the Texas Independent Ginners Association;
(6)
a representative of the Texas Agriculture Cooperative Council;
(7)
a representative of the Mohair Council of America;
(8)
a representative of the Texas Sheep and Goat Raisers' Association;
(9)
a Texas representative of the National Cottonseed Products
Association;
(10)
a Texas representative of the Southwest Peanut Growers
Association;
(11)
a representative of the textile or fashion industry; and
(12)
a representative of the food processing industry.
(b)
Council members serve staggered six-year terms.
(c)
The commissioner or the commissioner's designee serves
as presiding officer of the Council.
§1.924.Council Meetings.
(a)
The Council shall meet at least once each fiscal year.
The agenda and advance meeting materials shall be mailed or provided electronically
to each member of the Council prior to each meeting.
(b)
Special meetings may be called by the Commissioner by written
notice to members prior to such meetings.
(c)
All Council meetings shall be posted and held in accordance
with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
§1.925.Primary Research Areas.
Research shall be categorized into the following areas:
(1)
cotton research;
(2)
sheep and goat research;
(3)
food protein and nutrition research; and
(4)
textile and natural fibers utilization research.
§1.926.Proposal Submission.
(a)
The Program may issue biennial and/or annual requests for
proposals depending on priorities set by the Council.
(b)
Any state-supported university, state agency, or federal
agricultural agency within the State of Texas may respond to the request for
proposals.
(c)
The participating entities may submit proposals responsive
to the research areas categorized in §1.925 of this title (relating to
Primary Research Areas).
§1.927.Proposal Review and Selection.
(a)
Upon receipt, proposals shall be categorized in accordance
with §1.925 of this title (relating to Primary Research Areas).
(b)
The Program director shall review proposals and may appoint
review panel(s) composed of technical experts to evaluate proposals.
(c)
Proposal evaluations shall be provided to the Council for
their review prior to any award decision.
(d)
Final selection of grant recipients shall be made by the
Council at a properly noticed open meeting.
§1.928.Reporting Requirements
Grant recipients shall submit required reports and payment vouchers
in accordance with Department procedures, and as specified in the grant agreement
entered into by the Department and the grant recipient.
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 February 13, 2006.
TRD-200600708
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: March 26, 2006
For further information, please call: (512) 463-4075
Subchapter F. GENERAL PROCEDURES
4 TAC §3.205
The Texas Department of Agriculture (the department) proposes
new Chapter 3, Subchapter F, §3.205, concerning procedures for requests
for administrative review under Texas Agriculture Code (Code), §74.1095.
The new section is proposed to establish procedures and remedies for the processing
of request for review submitted to the department under the Code regarding
actions of the Texas Boll Weevil Eradication Foundation. The new section provides
filing requirements, a review and appeal process, actions covered by the section
and available remedies.
Brian Murray, Special Assistant for Producer Relations, has determined
that for the first five-year period the new section is in effect, there will
be no fiscal implications for state or local government as a result of enforcing
or administering the new section.
Mr. Murray also has determined that for each year of the first five years
the new section is in effect the public benefit anticipated as a result of
enforcing the section, as proposed, will be established procedures for those
wishing to file a request for review under the Code, §74.1095. There
is no anticipated cost to microbusinesses, small businesses, or individuals
who are required to comply with the proposed section.
Comments on the proposal may be submitted to Brian Murray, Special Assistant
for Producer Relations, 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 new section is proposed under the Texas Agriculture Code
(the Code), §74.1095, which provides the department with the authority
to establish by rule procedures necessary for the administration of the administrative
review process.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapter 74, Subchapter D.
§3.205.Administrative Review.
(a)
Filing of request.
(1)
Any person who believes they have been aggrieved in connection
with an action of the Texas Boll Weevil Eradication Foundation (the foundation)
may file a request for administrative review by the Texas Department of Agriculture
(the department) under the Texas Agriculture Code, §74.1095 (§74.1095).
(2)
A request must be in writing and received by the department
within 90 days after the action of which the person is complaining occurred.
Formal requests must comply with the following requirements, and shall be
resolved in accordance with the procedure set forth below. Copies of the request
and any supporting documentation must be mailed or delivered by the requesting
party to the department and the foundation.
(b)
Contents of request. A request filed under this section
must be sworn and contain:
(1)
a specific identification of the statutory or regulatory
provision(s) that the action complained of is alleged to have violated;
(2)
a specific description of each act alleged to have violated
the statutory or regulatory provision(s) identified in paragraph (1) of this
subsection, including an identification of the issue or issues to be resolved;
(3)
a precise statement of the relevant facts;
(4)
argument and authorities in support of the allegations
made;
(5)
any supporting documentation available; and
(6)
a statement that a copy of the request has been mailed
or delivered to the foundation.
(c)
Informal Review.
(1)
Once a request is received by the department, it shall
be forwarded to the Office of General Counsel for review.
(2)
The General Counsel, or his or her designee, shall have
the authority, prior to appeal to the commissioner or her designee, to settle
and resolve the complaint that is the subject of the request, and may solicit
additional information regarding the matters alleged in the request for review
from the requester, the foundation, or any other relevant party. Copies of
any additional information received shall be provided to both the requester
and the foundation.
(3)
If the issues raised in the request are not resolved by
mutual agreement, the General Counsel will issue a written determination on
the request for review as follows.
(A)
If the General Counsel determines that no violation of
rules or statutes has occurred, he or she shall so inform the requesting party
and the foundation by letter, setting forth the reasons for the determination.
(B)
If the General Counsel determines that a violation of the
rules or statutes has occurred, he or she shall so inform the requesting party
and the foundation by letter, setting forth the reasons for the determination
and the appropriate remedial action.
(4)
If the General Counsel's determination is not appealed,
that determination shall serve as the final agency determination on the complaint.
(d)
Appeal to Commissioner.
(1)
The General Counsel's determination on a complaint may
be appealed by the requester to the Commissioner, or his or her designee.
An appeal of the General Counsel's determination must be in writing and must
be received by the department no later than 15 days after the date of the
General Counsel's determination. The appeal shall include specific reasons
why the requester disagrees with the General Counsel's determination. Copies
of the appeal must be mailed or delivered by the requester to the foundation.
(2)
The Commissioner, or his or her designee, shall review
the request, any supporting documentation, the General Counsel's determination,
and the appeal and issue a determination on the request. The appeal shall
be limited to review of the General Counsel's determination and documentation
presented by parties in support of their positions.
(3)
The Commissioner's determination of the appeal shall be
the final administrative action of the agency and is subject to judicial review
under Chapter 2001, Government Code.
(e)
Actions Subject to Review.
(1)
Request for Review filed under §74.1095 shall be based
on actions taken by the foundation under the Texas Agriculture Code, Chapter
74, Subchapter D.
(2)
Actions subject to review under §74.1095 do not include:
(A)
alleged violations that may be prosecuted administratively
by the department under the Texas Agriculture Code, §12.020 and/or §76.1555;
(B)
bid protests and other disputes arising from a bid made
or a contract entered into with the foundation under its procurement manual,
and covered by the foundation's procurement dispute resolution procedure;
or
(C)
disputes that have been resolved through a civil or criminal
action brought in a court of law.
(f)
Appropriate remedial actions. If the department, or the
Commissioner on appeal, determines that the foundation acted in a manner that
warrants action by the department, the department may prescribe corrective
action to be carried out by the foundation, or refer its determination to
the appropriate entity in accordance with the Texas Agriculture Code, §74.126.
The department is not authorized to award monetary damages to a person filing
a request under this section.
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 February 13, 2006.
TRD-200600709
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: March 26, 2006
For further information, please call: (512) 463-4075
Subchapter C. TEXAS CERTIFIED RETIREMENT COMMUNITY PROGRAM
4 TAC §§29.50 - 29.56
The Texas Department of Agriculture (the department) proposes
new Chapter 29, Subchapter C, §§29.50 - 29.56, concerning the department's
Texas Certified Retirement Community Program rules. The new sections are proposed
to establish the Texas Certified Retirement Community Program, a program designed
to encourage retirees and potential retirees to make their homes in Texas
communities that have met the criteria for certification by the department
as a Texas certified retirement community. Proposed new §29.50 provides
definitions to be used in the new subchapter. Proposed new §29.51 provides
an overview of the program. Proposed new §29.52 provides for the contents
of an application and fees for the program. Proposed new §29.53 provides
the application and selection process for the program. Proposed new §29.54
provides for assistance for certified communities in the program. Proposed
new §29.55 provides requirements for the use of the words Texas Certified
Retirement Community or other department registered trademarks that are used
in the program. Proposed new §29.56 provides for the expiration of certification
and renewal of certification in the program.
Robert Wood, Assistant Commissioner for Rural Economic Development, has
determined that for the first five-year period the proposed new sections are
in effect there will be no fiscal implications for local government as a result
of administering or enforcing the proposed new sections. There will be fiscal
implications for state government due to the fee that will be charged to applicants
to the Texas Certified Retirement Community Program. The fee will be the greater
of $5,000.00 or $0.25 multiplied by the population of the applicant community,
as determined by the most recent United States census. The fiscal impact cannot
be determined at this time, as it will depend on the number of applications
approved and the fee calculated for the applicants.
Mr. Wood has also determined that for each year of the first five years
the proposed new sections are in effect, the public benefit anticipated as
a result of administering and enforcing the new sections will be an increase
in economic activity in Texas communities by providing communities with another
tool to market and promote themselves as a desirable location for retirees
seeking to relocate in Texas. There will be no cost to micro-businesses or
small businesses, since eligibility for the Program is limited to units of
local government. The cost to applicants to the Program will be an application
fee which is the greater of $5,000.00 or $0.25 multiplied by the population
of the community, as determined by the most recent United States census.
Comments may be submitted to Robert Wood, Assistant Commissioner for Rural
Economic Development, 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.
New §§29.50 - 29.56 are proposed under the Texas Agriculture
Code (the Code), §12.016, which authorizes the department to adopt rules
to administer its duties under the Code; and §12.039, as added by House
Bill, 1982, 79th Regular Session, 2005, which authorizes the department to
establish and maintain a Texas Certified Retirement Community Program.
The code that will be affected by this proposal is the Texas Agriculture
Code, Chapter 12.
§29.50.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Applicant--A unit of general local government which is
preparing to submit or has submitted an application for Texas Certified Retirement
Community Program to the Texas Department of Agriculture (TDA).
(2)
Application--Written request for certification under the
Texas Certified Retirement Community Program in the format required by the
department.
(3)
Commissioner--The commissioner of agriculture of the State
of Texas or the commissioner's designee.
(4)
Department--The Texas Department of Agriculture
(5)
Guidelines--Guidelines promulgated by the department for
completing the application for the Program and administration of the program.
(6)
Local government--An entity defined as a unit of general
local government in 42 United States Code, §5302(a)(1).
(7)
Program--The Texas Certified Retirement Community Program.
Local government- An entity defined as a unit of general local government
in 42 United States Code §5302(a)(1), as amended.
(8)
Sponsor--A board, organization or panel designated in the
application by the applicant to serve as the community's primary contact regarding
all aspects of the Program.
(9)
Staff--Staff of the department.
§29.51.Overview of Program.
(a)
The Texas Certified Retirement Community Program is established
to:
(1)
promote Texas as a retirement destination to retirees and
potential retirees both in and outside Texas;
(2)
assist Texas communities in their efforts to market themselves
as desirable retirement locations and to develop communities that retirees
would find attractive for a retirement lifestyle;
(3)
assist in the development of retirement communities and
life-care communities for economic development purposes and as a means of
providing a potential workforce and enriching Texas communities; and
(4)
encourage tourism to Texas in reference to an evaluation
of this state as a desirable retirement location and for the visitation of
those who have chosen to retire in this state.
(b)
An applicant community must be a unit of general local
government.
(c)
The applicant must designate a sponsor that will be responsible
for working with the department during the application process and will serve
as the primary contact for disseminating information to potential retirees
through the Program if the certification is approved. The sponsor should be
a recognizable entity within the community, have a physical location with
regular office hours, and should have the capacity and resources to manage
the community's retirement recruitment efforts.
(d)
After approval, a Texas Certified Retirement Community
may change the sponsor by notifying the department in writing.
§29.52.Contents of Application; Fees.
(a)
Applications must include:
(1)
a completed score sheet as provided in the Program Guidelines;
(2)
a completed retiree desirability assessment to include
the following information regarding the applicant community:
(A)
information on the applicant's demographics, geography
and climate;
(B)
Texas state and local tax structure;
(C)
local housing availability, opportunities and cost;
(D)
climate;
(E)
personal safety or security;
(F)
employment opportunities;
(G)
availability of health care services and other services
along the continuum of care, including home-based and community-based services,
housing for the elderly, assisted living, personal care, and nursing care
facilities;
(H)
availability of emergency medical services and the name
and location of any hospital within a 75-mile radius of the community;
(I)
public transportation and major highways;
(J)
continuing education;
(K)
leisure living;
(L)
recreation areas and facilities;
(M)
the performing arts;
(N)
festivals and events;
(O)
sports at all levels;
(P)
crime statistics; and
(Q)
any other information that the department may reasonably
request.
(3)
evidence of support from area churches, clubs, businesses,
media, and other entities, as necessary for the success of the program in
the community;
(4)
a marketing plan detailing the Program's mission as applied
to the community, the target market, the competition, an analysis of the community's
strengths, weaknesses, opportunities and dangers, and the strategies the community
will employ to attain the goals of the Program;
(5)
a long-term plan outlining the steps the community will
undertake to maintain its desirability as a destination for retirees, including
an outline of plans to correct any facility and service deficiencies identified
in the retiree desirability assessment; and
(6)
any other information as required by the Program Guidelines.
(b)
An application fee must be submitted with the application
in an amount equal to the greater of:
(1)
$5,000; or
(2)
$0.25 multiplied by the population of the community, as
determined by the most recent census.
(c)
If the application is not approved, the department shall
refund the application fee.
(d)
Program guidelines and applications are available on the
agency website: www.agr.state.tx.us or from: Texas Department of Agriculture,
Rural Economic Development Division, P.O. Box 12847, Austin, Texas 78711.
§29.53.Application/Selection Process.
The application and selection procedures consist of the following steps:
(1)
Each applicant community must submit a complete application
to the department's Rural Economic Development Division. No changes to the
application will be allowed after the application is submitted, unless they
are a result of Staff recommendations. Applications are available from the
department. Completed applications must be submitted to: Texas Department
of Agriculture, Rural Economic Development Division, P.O. Box 12847, Austin,
Texas 78711.
(2)
Each application must be accompanied by the application
fee, as described in §29.52(b) of this title (relating to Contents of
Application; Fee).
(3)
Staff will score the applications and review the applications
for eligibility and completeness.
(4)
The applicant will be notified of any deficiencies and
given 20 days to rectify deficiencies. Staff may work with the applicant to
improve or modify the application, with the intent of helping the applicant
achieve certification. An application containing an excessive number of deficiencies,
or deficiencies of a material nature will be determined incomplete and may
not be considered for certification.
(5)
An application that has been withdrawn either by the applicant
or by the department, or has been declined may be resubmitted, however, a
full application fee must be remitted with each application.
(6)
After the scoring and application process is complete,
Staff will make a recommendation for approval or denial of the request for
certification to the commissioner or his/her designee. The commissioner will
make the final decision regarding certification.
(7)
The department will notify the applicant of approval or
denial of the application within 75 days of the date of the initial application.
§29.54.Providing Assistance to Certified Communities.
(a)
The department shall provide the following assistance to
certified communities:
(1)
assistance in the training of local staff and volunteers;
(2)
ongoing oversight and guidance in marketing, plus updates
on retirement trends;
(3)
provide information on eligibility for inclusion in the
state's national advertising and public relations campaigns and travel show
promotions, including being on the department's internet website;
(4)
provide information on eligibility for state financial
assistance for brochures, support material, and advertising; and
(5)
an evaluation and program assessment on maintaining and
improving the community's desirability as a home for retirees.
(b)
Upon the department's approval of an application for certification,
a staff member will schedule a visit to the applicant community to discuss
the Program with the sponsor and other interested parties, including a discussion
of what specific assistance will be provided to the certified community by
the department.
(c)
Staff will conduct monitoring visits not less than annually
to consult with the community and evaluate the effectiveness of the Program.
§29.55.Use of "Texas Certified Retirement Community" or other Department. Marks.
Certification under this program shall allow the approved community
to use the words "Texas Certified Retirement Community" as well as any marks
created by the department for use in the program, to promote the community
to retirees, potential retirees and to any other interested parties, upon
the execution of a licensing agreement with the department.
§29.56.Expiration and Renewal of Certification.
(a)
A community's certification expires on the fifth anniversary
of the date the initial certification is issued.
(b)
To be considered for recertification by the department,
an applicant community must:
(1)
complete and submit a new application (including appropriate
fees); and
(2)
submit data demonstrating the success or failure of the
community's efforts to market and promote itself as a desirable location for
retirees and potential retirees.
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 February 13, 2006.
TRD-200600716
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: March 26, 2006
For further information, please call: (512) 463-4075
Chapter 201.
COMMISSION ADMINISTRATION
4 TAC §§201.1 - 201.9
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Agriculture or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Agriculture (the department)
proposes the repeal of Title 4, Part 11, Chapter 201, §§201.1 -
201.9, concerning Commission Administration. The Texas Food and Fibers Commission
(Commission) was abolished effective January 1, 2006, by the enactment of
House Bill 373, 79th Regular Session, 2005. All powers and duties of the Commission
were transferred to the newly established Food and Fibers Research Council
including the authority to implement the Food and Fibers Research Grant Program.
The grant program is now administered by the department, and the department
has the sole rulemaking authority under the new law. The new law also restructured
the grant program and the current rules are no longer needed. New program
rules for the Food and Fibers Research Grant Program have been proposed by
the department and are published in the Proposed Rules section in this issue
of the
Texas Register.
Bob Avant, Director, Food and Fibers Research Grant Program, has determined
that for the first five-year period the repeal is in effect, there will be
no fiscal implications for state or local government as a result of enforcing
or administering the proposed repeal.
Mr. Avant also has determined that for each year of the first five years
the proposed repeal is in effect the public benefit anticipated as a result
of enforcing the proposed repeal will be the elimination of unnecessary rules.
There is no anticipated cost to microbusinesses, small businesses, or individuals
who are required to comply with the proposed repeal.
Comments on the proposal may be submitted to Bob Avant, Director, Food
and Fibers Research Grant Program, 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 repeal is proposed under the Texas Agriculture Code, §42.003,
which provides the department with the authority to adopt rules necessary
for the administration of the Food and Fibers Research Grant Program.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapter 42.
§201.1.Definitions.
§201.2.Authority.
§201.3.Purpose.
§201.4.Organization.
§201.5.Commission Meetings.
§201.6.Fiscal Management.
§201.7.Administration of Texas Public Information Act.
§201.8.Complaints.
§201.9.Written Communications with the Texas Food and Fibers Commission.
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 February 13, 2006.
TRD-200600736
Dolores Alvarado Hibbs
Deputy General Counsel, Texas Department of Agriculture
Texas Food and Fibers Commission
Earliest possible date of adoption: March 26, 2006
For further information, please call: (512) 463-4075
4 TAC §§202.1 - 202.3
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Agriculture or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Agriculture (the department)
proposes the repeal of Title 4, Part 11, Chapter 202, §§202.1 -
202.3, concerning Food Protein and Natural Fibers Advisory Committees. The
Texas Food and Fibers Commission (Commission) was abolished effective January
1, 2006, by the enactment of House Bill 373, 79th Regular Session, 2005. All
powers and duties of the Commission were transferred to the newly established
Food and Fibers Research Council including the authority to implement the
Food and Fibers Research Grant Program. The grant program is now administered
by the department, and the department has the sole rulemaking authority under
the new law. The new law also restructured the grant program and the current
rules are no longer needed. New program rules for the Food and Fibers Research
Grant Program have been proposed by the department and are published in the
Proposed Rules section in this issue of the
Texas
Register.
Bob Avant, Director, Food and Fibers Research Grant Program, has determined
that for the first five-year period the repeal is in effect, there will be
no fiscal implications for state or local government as a result of enforcing
or administering the proposed repeal.
Mr. Avant also has determined that for each year of the first five years
the proposed repeal is in effect the public benefit anticipated as a result
of enforcing the proposed repeal will be the elimination of unnecessary rules.
There is no anticipated cost to microbusinesses, small businesses, or individuals
who are required to comply with the proposed repeal.
Comments on the proposal may be submitted to Bob Avant, Director, Food
and Fibers Research Grant Program, 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 repeal is proposed under the Texas Agriculture Code, §42.003,
which provides the department with the authority to adopt rules necessary
for the administration of the Food and Fibers Research Grant Program.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapter 42.
§202.1.Food Protein and Natural Fibers Advisory Committees.
§202.2.Advisory Committee Meetings.
§202.3.Executive Advisory Committee.
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 February 13, 2006.
TRD-200600737
Dolores Alvarado Hibbs
Deputy General Counsel, Texas Department of Agriculture
Texas Food and Fibers Commission
Earliest possible date of adoption: March 26, 2006
For further information, please call: (512) 463-4075
4 TAC §§203.1 - 203.3
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Agriculture or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Agriculture (the department)
proposes the repeal of Title 4, Part 11, Chapter 203, §§203.1 -
203.3, concerning Primary Research Areas. The Texas Food and Fibers Commission
(Commission) was abolished effective January 1, 2006, by the enactment of
House Bill 373, 79th Regular Session, 2005. All powers and duties of the Commission
were transferred to the newly established Food and Fibers Research Council
including the authority to implement the Food and Fibers Research Grant Program.
The grant program is now administered by the department, and the department
has the sole rulemaking authority under the new law. The new law also restructured
the grant program and the current rules are no longer needed. New program
rules for the Food and Fibers Research Grant Program have been proposed by
the department and are published in the Proposed Rules section in this issue
of the
Texas Register.
Bob Avant, Director, Food and Fibers Research Grant Program, has determined
that for the first five-year period the repeal is in effect, there will be
no fiscal implications for state or local government as a result of enforcing
or administering the proposed repeal.
Mr. Avant also has determined that for each year of the first five years
the proposed repeal is in effect the public benefit anticipated as a result
of enforcing the proposed repeal will be the elimination of unnecessary rules.
There is no anticipated cost to microbusinesses, small businesses, or individuals
who are required to comply with the proposed repeal.
Comments on the proposal may be submitted to Bob Avant, Director, Food
and Fibers Research Grant Program, 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 repeal is proposed under the Texas Agriculture Code, §42.003,
which provides the department with the authority to adopt rules necessary
for the administration of the Food and Fibers Research Grant Program.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapter 42.
§203.1.Primary Research Areas.
§203.2.University Cooperation.
§203.3.Special Projects.
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 February 13, 2006.
TRD-200600738
Dolores Alvarado Hibbs
Deputy General Counsel, Texas Department of Agriculture
Texas Food and Fibers Commission
Earliest possible date of adoption: March 26, 2006
For further information, please call: (512) 463-4075
4 TAC §§204.1 - 204.5
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Agriculture or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Agriculture (the department)
proposes the repeal of Title 4, Part 11, Chapter 204, §§204.1 -
204.5, concerning Pre-Proposal Submission. The Texas Food and Fibers Commission
(Commission) was abolished effective January 1, 2006, by the enactment of
House Bill 373, 79th Regular Session, 2005. All powers and duties of the Commission
were transferred to the newly established Food and Fibers Research Council
including the authority to implement the Food and Fibers Research Grant Program.
The grant program is now administered by the department, and the department
has the sole rulemaking authority under the new law. The new law also restructured
the grant program and the current rules are no longer needed. New program
rules for the Food and Fibers Research Grant Program have been proposed by
the department and are published in the Proposed Rules section in this issue
of the
Texas Register.
Bob Avant, Director, Food and Fibers Research Grant Program, has determined
that for the first five-year period the repeal is in effect, there will be
no fiscal implications for state or local government as a result of enforcing
or administering the proposed repeal.
Mr. Avant also has determined that for each year of the first five years
the proposed repeal is in effect the public benefit anticipated as a result
of enforcing the proposed repeal will be the elimination of unnecessary rules.
There is no anticipated cost to microbusinesses, small businesses, or individuals
who are required to comply with the proposed repeal.
Comments on the proposal may be submitted to Bob Avant, Director, Food
and Fibers Research Grant Program, 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 repeal is proposed under the Texas Agriculture Code, §42.003,
which provides the department with the authority to adopt rules necessary
for the administration of the Food and Fibers Research Grant Program.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapter 42.
§204.1.Pre-Proposal Submission.
§204.2.Proposal Submission.
§204.3.Proposal Review and Selection.
§204.4.Memorandum of Agreement.
§204.5.Research Project Conditions.
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 February 13, 2006.
TRD-200600739
Dolores Alvarado Hibbs
Deputy General Counsel, Texas Department of Agriculture
Texas Food and Fibers Commission
Earliest possible date of adoption: March 26, 2006
For further information, please call: (512) 463-4075
Chapter 3.
BOLL WEEVIL ERADICATION PROGRAM
Chapter 29.
ECONOMIC DEVELOPMENT
Part 11.
TEXAS FOOD AND FIBERS COMMISSION
Chapter 202.
FOOD PROTEIN AND NATURAL FIBERS ADVISORY COMMITTEES
Chapter 203.
PRIMARY RESEARCH AREAS
Chapter 204.
PRE-PROPOSAL SUBMISSION
Chapter 205.
HISTORICALLY UNDERUTILIZED BUSINESSES PROGRAM