4 TAC §29.21, §29.23
The Texas Department of Agriculture (the department) proposes
amendments to Chapter 29, Subchapter B, Division 1, §29.21 and §29.23,
concerning the department's "Texas Yes" program rules. The amendments are
proposed to modify eligibility requirements for business and community members
in the department's "Texas Yes" Program, a promotional program designed to
support and increase economic activity in rural Texas communities. The proposed
amendments to §29.21 delete the term "rural area" from the list of definitions,
and revise the definitions for a "Texas Yes!" business member and a "Texas
Yes!" community member to clarify those definitions to make them consistent
with current practice, and delete the reference to rural areas or communities.
The proposed amendments to §29.23 provide revised eligibility requirements
for community and business membership to make them consistent with the amendments
to §29.21 and with current practice.
Robert Wood, assistant commissioner for rural economic development, has
determined that for the first five-year period the proposed amended sections
are in effect there will be no fiscal implications for state or local government
as a result of administering or enforcing the proposed amended sections.
Mr. Wood has also determined that for each year of the first five years
the proposed amended sections are in effect, the public benefit anticipated
as a result of administering and enforcing the amended sections will be an
increase in economic activity in rural Texas communities. There no cost anticipated
to microbusinesses, small businesses or individuals required to comply with
the sections, as amended.
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
.
The amendments to §29.21 and §29.23 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 the
Code, §12.027, which authorizes the department to maintain an economic
development program for rural areas within the state.
The code that will be affected by this proposal is the Texas Agriculture
Code, Chapter 12.
§29.21.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1) - (2)
(No change.)
(3)
Non-metropolitan county--A Texas county
that is not located in a metropolitan statistical area, as identified by the
U.S. Census
(4)
[
(3)
] Person--An individual, firm,
partnership, corporation, governmental entity, cooperative organization, or
association of individuals.
[
(4)
Rural Area--
]
[
(A)
any non-metropolitan area (as defined
by the United States Census);
]
[
(B)
any unincorporated area; and
]
[
(C)
any city with a population under 20,000
that does not adjoin another group of cities with an aggregate population
of 50,000 or more.
]
(5)
"Texas Yes!" associate member--A person that wishes to
support rural communities and businesses and who is granted limited "Texas
Yes!" membership.
(6)
"Texas Yes!" business member--A sole proprietor, partnership,
cooperative organization or corporation, whose principal place of business
is in Texas and who has a business location in
:
(A)
a
non-metropolitan county
[
rural area of Texas
]
;
(B)
an unincorporated area; or
(C)
a Texas city with a population of less
than 20,000 that does not adjoin another city or group of cities with an aggregate
population of 50,000 or more; and
(D)
who is granted limited "Texas Yes!" membership.
(7)
"Texas Yes!" community member--
Any
[
A rural
] community that
is:
(A)
either a non-metropolitan county, or a
Texas city with a population of less than 20,000 that does not adjoin another
city or group of cities with an aggregate population of 50,000 or more;
(B)
wishes to support rural businesses and communities
;
and
(C)
is granted full "Texas Yes!" membership.
(8) - (9)
(No change.)
§21.23.Eligibility for Community, Business and Associate Membership.
(a)
Any
non-metropolitan county, or any Texas
city
with a population of less than 20,000 that does not adjoin another city or
group of cities with an aggregate population of 50,000 or more
, [
town, county or governmental entity, that is located in a rural area of the
state of Texas
] is eligible for "Texas Yes!" community membership.
(b)
Any business
is eligible for membership as a "Texas
Yes!" business member
[
that
]
if it has its principal
place of business in Texas and
has a business location in
:
(1)
a
non-metropolitan county;
(2)
an unincorporated area; or
(3)
a Texas city with a population of less
than 20,000 that does not adjoin another city or group of cities with an aggregate
population of 50,000 or more
[
rural area of the state of Texas
is eligible for membership as a "Texas Yes!" business member
].
(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 March 13, 2006.
TRD-200601580
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: April 23, 2006
For further information, please call: (512) 463-4075