Part 1. TEXAS DEPARTMENT OF AGRICULTURE
Chapter 8. AGRICULTURAL HAZARD COMMUNICATION REGULATIONS
The Texas Department of Agriculture (the department) adopts amendments to §8.2, concerning definitions, and §8.11, concerning training programs provided by the department for agricultural laborers, without changes to the proposed text as published in the March 14, 2008, issue of the Texas Register (33 TexReg 2098).
The amendment to §8.2 is adopted to amend the definition of "Service" to reflect the name change from the Texas Cooperative Extension Service to the Texas AgriLife Extension Service. The amendment to §8.11, relating to counties in which the department has the responsibility to provide training programs, is adopted to specify the counties in which the department has primary responsibility for administering and providing for training programs for agricultural laborers. The amendment to §8.11 is further made to comply with §125.009 of the Texas Agriculture Code, which requires that the department in conjunction with the Texas AgriLife Extension Service shall develop an on-going training program for agricultural laborers. The department is required to provide training in counties with a hired farm labor work force of 2,000 or more, according to the most recent United States Census of Agriculture. The department may also provide training in additional counties that it has determined that a significant farm labor work force exists. The specific change made to §8.11(b)(1) identifies counties that have a farm labor work force of 2,000 or more according to the 2002 United States Census of Agriculture. The specific change to §8.11(b)(2) identifies those counties that the department has determined have a significant farm labor work force and the department will continue to provide on-going training programs in those counties.
No comments were received on the proposal.
The amendments to §8.2 and §8.11 are adopted under the Texas Agriculture Code §125.014, which provides the Texas Department of Agriculture with the authority to adopt rules and administrative procedures to carry out the provisions of Chapter 125 of the Texas Agriculture 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 April 25, 2008.
TRD-200802189
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: May 15, 2008
Proposal publication date: March 14, 2008
For further information, please call: (512) 463-4075
The Texas Department of Agriculture (the department) adopts an amendment to §23.4, concerning Rose Grading, without changes to the proposed text as published in the March 14, 2008, issue of the Texas Register (33 TexReg 2099).
The amendment is adopted to correct an error in the rose grading caliper specification chart found in §23.4(c)(5). The amendment changes the No. 1 1/2 Grade for Polyantha, Shrub Landscape, and Low Growing Floribunda Roses caliper from 1/16 to 2/16, which is the correct caliber and the caliber actually required by the department for the No. 1 1/2 grade.
No comments were received on the proposal.
The amendment to §23.4 is adopted under the Texas Agriculture Code, §121.007, which provides the department with the authority to adopt rules necessary for the inspection, grading, and labeling of all rose plants sold or offered for sale in Texas.
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 April 25, 2008.
TRD-200802190
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: May 15, 2008
Proposal publication date: March 14, 2008
For further information, please call: (512) 463-4075
The Texas Department of Agriculture (the department) adopts the repeal of Chapter 29, Subchapter B, §§29.20 - 29.25 and §§29.30 - 29.32, concerning the department's Texas Yes! Program rules, and the addition of new Chapter 29, Subchapter B, §§29.20 - 29.33, providing for the new GO TEXAN Rural Community Program (the Program) and use of the GO TEXAN certification mark in conjunction with this Program with changes to the proposal published in the March 21, 2008, issue of the Texas Register (33 TexReg 2426). The department is repealing the Texas Yes! Program rules in order to establish a similar, new program to support and promote Texas' rural communities. The department has a highly successful GO TEXAN certification mark used to designate Texas products and certified retirement communities and the department will utilize a like certification mark for rural communities who meet specific eligibility requirements to capitalize on the name recognition associated with that mark. The department anticipates that implementation of the new sections will result in an increase in economic activity in rural Texas communities by providing communities with a more effective tool to market and promote themselves as a desirable rural community or travel destination. New §29.21 is adopted with a change to paragraph (4), the definition of Certified member, to correct an error in a section reference. The last word in the title of §29.23, as referenced in this definition, is changed from "Associate" to "Application". New §29.20 and §§29.22 - 29.33 are adopted without changes and will not be republished.
New §29.20 states the purpose of the Program. New §29.21 provides the Program's definitions as used in the new rules. New §29.22 provides for the department's administration of the program. New §29.23 provides the eligibility and application requirements for becoming a certified member of the Program. New §29.24 provides the eligibility and application requirements for becoming an associate member in the Program. New §29.25 provides the process for submission and review of applications and new §29.26 explains how an application determination can be appealed. New §29.27 provides the reasons for which an application may be denied. New §29.28 provides for the registration of those applicants who are approved to use the Mark and new §29.29 provides guidelines for use of the Mark, generally. New §29.30 provides for the termination or revocation for a license to use the Mark. New §29.31 describes the benefits of membership available to each certified or associate members. New §29.32 provides the membership expiration timeline and membership renewal guidelines. New §29.33 provides for the continued use of the "Texas Yes!" beyond the termination date of the program rules.
No comments were received on the proposal.
Subchapter B. "TEXAS YES!" PROGRAM RULES
The repeal of §§29.20 - 29.25 is adopted under the Texas Agriculture Code (the Code), §12.016, which authorizes the department to adopt rules to administer its duties under the Code; and §12.027, which authorizes the department to establish and maintain an economic development 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 April 22, 2008.
TRD-200802129
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: May 12, 2008
Proposal publication date: March 21, 2008
For further information, please call: (512) 463-4075
The repeal of §§29.30 - 29.32 is adopted under the Texas Agriculture Code (the Code), §12.016, which authorizes the department to adopt rules to administer its duties under the Code; and §12.027, which authorizes the department to establish and maintain an economic development 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 April 22, 2008.
TRD-200802130
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: May 12, 2008
Proposal publication date: March 21, 2008
For further information, please call: (512) 463-4075
New §§29.20 - 29.33 are adopted under the Texas Agriculture Code (the Code), §12.016, which authorizes the department to adopt rules to administer its duties under the Code; and §12.027, which authorizes the department to establish and maintain an economic development program.
§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) Applicant--A person submitting application for GO TEXAN Rural Community certified membership or associate membership.
(2) Application--Written request for GO TEXAN Rural Community certified membership or associate membership in the format required by the department.
(3) Associate member--A person who wishes to support rural communities in Texas and who is granted limited GO TEXAN Rural Community membership and limited rights to use the mark to support a rural community eligible to apply for a GO TEXAN Rural Community certified membership.
(4) Certified member--Any community that is granted a GO TEXAN Rural Community certified membership and is 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 and actively engages in community improvement as set forth in §29.23(b) and (c) of this title (relating to Eligibility for Certified Membership; Application).
(5) Commissioner--The Commissioner of the Texas Department of Agriculture.
(6) Department--The Texas Department of Agriculture.
(7) Guidelines--Guidelines promulgated by the department for completing the application for the program and administration of the program.
(8) Licensee--An applicant approved for GO TEXAN Rural Community certified or associate membership and authorized to use the GO TEXAN Mark.
(9) Mark--The GO TEXAN certification mark, consisting of "GO TEXAN" and Design. The mark is pending final registration approval with the United States Patent and Trademark Office.
(10) Non-metropolitan county--A Texas county that is not located in or does not encompass a metropolitan statistical area, as identified by the U.S. Census.
(11) Person--An individual, firm, partnership, corporation, governmental entity, cooperative organization, or association of individuals.
(12) Program--The GO TEXAN Rural Community 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 April 22, 2008.
TRD-200802131
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: May 12, 2008
Proposal publication date: March 21, 2008
For further information, please call: (512) 463-4075