PART 1. TEXAS DEPARTMENT OF AGRICULTURE
The Texas Department of Agriculture (the department) adopts amendments to Chapter 1, Subchapter A, §1.24 and §1.30, concerning General Rules of Practice; Subchapter B, §1.53, concerning Collection of Debts; Subchapter C, §1.71 and §§1.73 - 1.78, concerning Minority Purchasing; Subchapter H, §§1.400, 1.402 and 1.404, concerning Public Information Requests; Subchapter K, §1.700 and new §1.701, concerning Employee Training Rules; and an amendment to Subchapter N, §1.923, concerning the department's Food and Fibers Research Grant Program, and the repeal of Subchapter D, §1.85, concerning Miscellaneous Provisions; Subchapter E, §1.205, concerning Advisory Committees; Subchapter G, §1.300, concerning Interagency Agreements; Subchapter H, §1.401 and §1.403, concerning Public Information Requests; and Subchapter K, §1.701, concerning Employee Training Rules, without changes to the proposal published in the April 25, 2008, issue of the Texas Register (33 TexReg 3363).
The amendment to §1.24 is adopted to clarify processes regarding witness fees. The amendment to §1.30 is adopted to correct typographical errors. The amendment to §1.53 adds any obligation of the Department to attempt to recover a debt that is imposed by federal law, contract or other agreement to the list of what the department will consider in making a determination of whether to refer a debt collection matter to the attorney general. The amendments to §1.71 and §§1.73 - 1.78 are adopted to update legal citations, terms and references to the state purchasing agency in the department's minority purchasing rules. More specifically, the amendments reflect that the small businesses and minority owned businesses are now considered as part of the term Historically underutilized business (HUB) and that the purchasing agency is now the Comptroller of Public Accounts. The amendments to §§1.400, 1.402 and 1.404 are adopted to update references to the department's public information officer and to the agency responsible for administering the state public information program, now the Office of the Attorney General, and update information on payment of charges for public information to reflect the department's current practice. The amendment of §1.700 and new §1.701 are adopted to make the sections consistent with current state law regarding employee training. The amendment to §1.923 is adopted to make the section consistent with amendments made to Texas Agriculture Code, Chapter 42 during the 80th Legislative Session (2007). The law was amended to change the representative of the Southwest Peanut Growers Association to a representative of the peanut industry, due to the dissolution of the Southwest Peanut Growers Association.
The repeal of §1.85 is adopted to eliminate a provision for the use of unmarked vehicles by the department in its enforcement of weights and measures laws. The department no longer utilizes undercover vehicles for enforcement purposes. The repeal of §1.205 removes the Organic Certification Review and Standards Advisory Committee from the list of the department's advisory committees. This committee was eliminated due to the establishment of the Texas Organic Agriculture Industry Advisory Board by the 80th Legislature (2007), whose duties include those carried out by the Organic Certification Review and Standards Advisory Committee. The repeal of §1.300 eliminates the Memorandum of Understanding Among the Texas Department of Agriculture, the Texas Agricultural Finance Authority and the Texas Department of Economic Development. The law under which this memorandum was established has been repealed. In addition, the Texas Department of Economic Development has been abolished and some of its duties transferred to the Office of the Governor and other agencies. The repeal of §1.401 and §1.403 is adopted to delete unnecessary sections. The requirements contained in §1.401 and §1.403 are already specified in the Public Information Act and/or the rules of the Office of the Attorney General. The repeal of §1.701 is adopted to eliminate a section that is unnecessary and replace it with a new section that includes provisions regarding employee training and education required by state law.
No comments were received on the proposal.
SUBCHAPTER A. GENERAL RULES OF PRACTICE
The amendments to §1.24 and §1.30 are adopted under the Texas Agriculture Code (the Code), §12.016, which provides the department with the authority to adopt rules to carry out its duties under the Code; and the Texas Government Code, §2001.004, which provides that a state agency shall adopt rules of practice stating the nature and requirements of all available formal procedures.
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 June 9, 2008.
TRD-200802994
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: June 29, 2008
Proposal publication date: April 25, 2008
For further information, please call: (512) 463-4075
The amendment to §1.53 is adopted under the Texas Government Code, §2107.02, which provides that a state agency shall adopt debt collection procedures by rule.
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 June 9, 2008.
TRD-200802995
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: June 29, 2008
Proposal publication date: April 25, 2008
For further information, please call: (512) 463-4075
The amendments to §1.71 and §§1.73 - 1.78 are adopted under the Texas Agriculture Code, §12.029, which requires that the department establish by rule policies to encourage historically underutilized 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 Comptroller of Public Accounts relating to administration of the Historically Underutilized Businesses (HUB) program.
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 June 9, 2008.
TRD-200802996
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: June 29, 2008
Proposal publication date: April 25, 2008
For further information, please call: (512) 463-4075
The repeal of §1.85 is adopted under Texas Government Code, §2171.1045 which provides that each state agency shall adopt rules relating to the assignment and use of the agency's vehicles.
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 June 9, 2008.
TRD-200802997
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: June 29, 2008
Proposal publication date: April 25, 2008
For further information, please call: (512) 463-4075
The repeal of §1.205 is adopted under the Texas Government Code, §2110.005, which requires an agency that establishes an advisory committee to adopt rules relating to the 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 June 9, 2008.
TRD-200802998
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: June 29, 2008
Proposal publication date: April 25, 2008
For further information, please call: (512) 463-4075
The repeal of §1.300 is adopted under 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 June 9, 2008.
TRD-200802999
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: June 29, 2008
Proposal publication date: April 25, 2008
For further information, please call: (512) 463-4075
The amendments to §§1.400, 1.402 and 1.404 are adopted under the Texas Government Code, §2001.004, which provides that a state agency shall adopt rules of practice stating the nature and requirements of all available formal procedures.
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 June 9, 2008.
TRD-200803000
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: June 29, 2008
Proposal publication date: April 25, 2008
For further information, please call: (512) 463-4075
The repeal of §1.401 and §1.403 is adopted under the Texas Government Code, §2001.004, which provides that a state agency shall adopt rules of practice stating the nature and requirements of all available formal procedures.
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 June 9, 2008.
TRD-200803001
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: June 29, 2008
Proposal publication date: April 25, 2008
For further information, please call: (512) 463-4075
The amendments to §1.700 and new §1.701 are adopted under the Texas Government Code, §656.048, which provides that a state agency shall adopt rules related to training and education; and §656.046 which sets forth what a state agency's training program shall include.
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 June 9, 2008.
TRD-200803002
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: June 29, 2008
Proposal publication date: April 25, 2008
For further information, please call: (512) 463-4075
The repeal of §1.701 is adopted under the Texas Government Code, §656.048, which provides that a state agency shall adopt rules related to training and education; and §656.046 which sets forth what a state agency's training program shall include.
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 June 9, 2008.
TRD-200803003
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: June 29, 2008
Proposal publication date: April 25, 2008
For further information, please call: (512) 463-4075
The amendment to §1.923 is adopted under the Texas Agriculture Code, §42.001, which authorizes the department by rule to develop a program to award grants to assist the fibers and oilseeds industries in this state by supporting applied research related to fibers and oilseeds.
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 June 9, 2008.
TRD-200803004
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: June 29, 2008
Proposal publication date: April 25, 2008
For further information, please call: (512) 463-4075