PART 1. TEXAS DEPARTMENT OF AGRICULTURE

CHAPTER 4. COOPERATIVE MARKETING ASSOCIATIONS

4 TAC §§4.1 - 4.4

(Editor's note: The text of the following sections proposed for repeal will not be published.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, Texas.)

The Texas Department of Agriculture (the department) proposes to repeal §§4.1 - 4.4, concerning Cooperative Marketing Association license regulations. The repeal is proposed to eliminate unnecessary sections in this chapter to conform to new requirements established under Senate Bill (SB) 1016, 81st Legislative Session, 2009, that removed the responsibilities for the licensing of Cooperative Marketing Association by the department.

Rick Garza, Coordinator for Commodity Programs, has determined that, for the first five-year period the repeal is in effect, there will be fiscal implications for state government as a result of non-collection of licensing fees. There will be an estimated decrease in state revenue of $3,800 per year. There will be no fiscal implications for local government.

Mr. Garza also has determined that for each year of the first five years the repeal is in effect, the public benefit anticipated as a result of implementation of the repeal will be the elimination of unnecessary rules. There will be no adverse fiscal impact on microbusinesses, or small businesses required to comply with the repeals. Any existing fees paid by those entities will no longer be required.

Written comments on the proposal may be submitted to Rick Garza, Coordinator for Commodity Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Written comments 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 (the Code), §12.016, which provides the department with the authority to adopt rules for administration of its duties under the Code; §52.151, as amended by SB 1016, 81st Texas Legislature, 2009, to eliminate the requirement that a marketing association pay to the department an annual licensing fee established by the department by rule; and Texas Government Code, §2001.006, which provides the department with the authority to adopt rules in preparation for the implementation of legislation that has become law, but has not taken effect.

The proposal affects the Texas Agriculture Code, Chapter 52.

§4.1.Definitions.

§4.2.Who May Obtain a License.

§4.3.Fees.

§4.4.Notice of Dissolution.

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 June 15, 2009.

TRD-200902424

Dolores Alvarado Hibbs

General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: July 26, 2009

For further information, please call: (512) 463-4075

4 TAC §23.1, §23.2

The Texas Department of Agriculture (the department) proposes amendments to §23.1 and §23.2, concerning rose grading, due to the passage of Senate Bill (SB) 1016 during the 81st Legislative Session, 2009. The issuance of a certificate of authority to rose graders by the department was eliminated under SB 1016. Under the proposed rule, the need for defining the certificate of authority under §23.1(2) is no longer required. For the same reason, obtaining a certificate of authority under §23.2(a) and need for an application form to apply for or renew a certificate of authority under §23.2(b) are no longer necessary. The sections are amended accordingly.

Dr. Awinash Bhatkar, Coordinator for Plant Quality Programs, has determined that for the first five-year period the amended sections are in effect, there will be a loss of $2,500 in revenue for the state government as a result of enforcing or administering the amended sections. There will be no impact on the local governments.

Dr. Bhatkar also has determined that for each year of the first five years the amended sections are in effect, the public benefit anticipated as a result of the amended sections will be a more efficient use of state resources. There are about six rose graders in the state possessing the rose grading certificate of authority, with $500 revenue collected annually by the department as licensing fees. Two of the rose graders meet the criteria of microbusinesses and none meet the criteria of small businesses. The businesses will save annual licensing fees due to the rule amendments. There are no costs to individuals who are required to comply with the amendments as proposed.

Comments on the proposal may be submitted to Dr. Awinash Bhatkar, Coordinator for Plant Quality Programs, Texas Department of Agriculture, 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 are proposed under the Texas Agriculture Code, §121.007, which authorizes the department to adopt rules as necessary concerning rose grading, as amended by SB 1016; and Texas Government Code, §2001.006, which provides the department with the authority to adopt rules in preparation for the implementation of legislation that has become law, but has not taken effect.

The proposal affects the Texas Agriculture Code, Chapter 121.

§23.1.Definitions.

In addition to the definitions set out in the Texas Agriculture Code, Chapter 121, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) (No change.)

[(2) Certificate of authority--a document issued by the department to a person who grades, sells, or offers for sale rose plants.]

(2) [(3)] Container-grown roses--Roses which have been growing in the container in which they are marketed for a minimum of one month of active growing season or for a maximum of two growing seasons.

(3) [(4)] Cull--Any bush not meeting the grade, sizes, or standards as set out in this chapter.

(4) [(5)] Non-established container stock--Roses which are transported in soil or in a potting mixture contained within a container for a period insufficient to allow the formation of fibrous roots sufficient to form a root-media ball.

(5) [(6)] Row-run--A term used in purchasing roses grown in a crop in which diseased and cull plants are excluded from the sale.

§23.2.Exemptions [Application].

[(a) Each person who grades or influences the grade of rose plants must obtain a certificate of authority from the department.]

[(b) An application form for a new or renewal certificate of authority may be obtained from the department. Each applicant shall be responsible for declaring the proper classification and submitting the appropriate fee to the department. Failure to complete the form entirely may result in denial of the certificate of authority.]

[(c) Exemptions.]

[(1) Growers of rose bushes are exempt from provisions of this chapter unless a grade is claimed.]

[(2)] Grading classifications and labeling requirements do not apply to crops in the field or to row-run sales of field crops, but only apply from point of delivery to distributors, processors, packers, wholesalers, and retailers.

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 June 15, 2009.

TRD-200902423

Dolores Alvarado Hibbs

General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: July 26, 2009

For further information, please call: (512) 463-4075