Part XI.
Texas Food and Fibers Commission
Chapter 201.
Commission Administration
4 TAC §§201.1-201.9
The Texas Food and Fibers Commission proposes new rules,
§§201.1-201.9, concerning commission administration. These new rules
are being proposed to replace existing bylaws that address administrative
operations.
Robert V. Avant, Jr., P.E., Executive Director, has determined that for
the first five-year period that the sections are in effect there will be no
new fiscal implications for state or local government as a result of administering
the rules.
Mr. Avant also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of administering
the sections will be clarification and formalization of the commission's procedures.
There will be no effect on small businesses as a result of enforcing these
sections. There is no new anticipated economic cost to entities who are required
to comply with the sections as proposed.
Comments on the proposal may be submitted to Robert V. Avant, Jr., P.E.,
Executive Director, Texas Food and Fibers Commission, P.O. Box 12046, Austin,
Texas, 78711-2046.
The sections are proposed under the Agriculture Code, Chapter
42, which provides the commission with the authority to promulgate rules consistent
with the Code.
No other articles, statutes, or codes are affected by these proposed rules.
§201.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Act--Texas Agriculture Code, Chapter 42, Texas Food and
Fibers Commission.
(2)
Commission--The Texas Food and Fibers Commission.
(3)
Commissioners--The chancellor of The Texas A&M
University System, the president of The University of Texas, the president
of Texas Tech University, and the president of Texas Woman's University.
(4)
Committee--The Industry Advisory Committee.
(5)
Executive Director--the Executive Director of the
Commission.
§201.2.Authority.
These rules are adopted pursuant to the authority granted to the Texas
Food and Fibers Commission at Chapter 42, Texas Agriculture Code.
§201.3.Purpose.
The purpose of the Commission is to contract with universities engaged
in agricultural research in the state to conduct surveys, research, and investigations
relating to the production and increased use of cotton, oilseed products,
wool, mohair, and other textile products.
§201.4.Organization.
(a)
The Commission is composed of the chancellor of the Texas
A&M University System, the president of The University of Texas, the president
of Texas Tech University; and the president of Texas Woman's University.
(b)
Each member of the Commission shall serve a two-year term
as chairman, rotating the service in the order in which the members are listed
in subsection (a) of this section.
(c)
The Commissioners shall: set policy, approve rules, approve
legislative appropriations requests, approve annual operating budgets, appoint
the industry advisory committee, approve research projects, and employ an
Executive Director. The Commissioners shall retain and exercise all authority
and responsibility assigned to them by law and not delegated to the Executive
Director or their designated representatives.
(d)
Each Commissioner shall designate a liaison officer to
work with committees and staff members of the Commission and agencies, departments,
and institutions consulting or contracting with the Commission concerning
the daily operations of the work of the Commission. A Commissioner may grant
the liaison officer the authority to represent their respective university,
but the liaison officer shall not have voting privileges at Commission meetings.
(e)
The Executive Director shall: manage the day-to-day business
of the Commission; employ staff; draft rules, agreements, contracts, and other
documents for approval by the Commission; prepare the agency strategic plan,
biennial legislative appropriations request, annual operating budget, annual
financial report, and other reports required by the governor, legislature,
and state and federal agencies; interact with staff and officials of universities,
federal government, and state government concerning Commission programs; interact
with producers and members of the industries that the Commission serves; coordinate
with the Industry Advisory Committee; request and review research proposals;
recommend research programs; coordinate approved research projects at the
participating universities; monitor other private, federal, and state research;
receive and review research reports; receive, review, and approve payment
vouchers; approve disbursements in accordance with the Commission's operating
budget; conduct an annual property inventory; and carry out other duties and
responsibilities assigned by law or delegated by the Commission.
(f)
All decisions of the Commission shall be by majority vote
of Commissioners present and voting.
§201.5.Commission Meetings.
(a)
The Commission shall meet at least once each fiscal year,
prior to September 1, for budget approval, appointment of the Industry Advisory
Committee, review of Industry Advisory Committee recommendations, review of
Commission operations, and other business. The agenda and advance meeting
materials and recommendations of the Industry Advisory Committee shall be
mailed by the Executive Director to all members of the Commission at least
ten calendar days prior to the meeting.
(b)
Special meetings may be called by the chairman of the Commission
by written notice to members at least 15 calendar days prior to such meetings.
(c)
All Commission meetings shall be posted and held in accordance
with the Texas Open Meetings Act.
(d)
All formal actions by the Commission shall be approved
by a majority vote of the Commissioners.
(e)
Minutes of all Commission meetings shall be taken and recorded.
A certified copy of the minutes shall be submitted to each of the Commissioners
and to the Legislative Reference Library.
§201.6.Fiscal Management.
(a)
All monies received directly by the Commission for work
performed under contract, research grants, and matching funds shall be deposited
with the State Treasury according to law. Copies of the instruments relating
to such transactions shall be maintained in the offices of the Commission.
(b)
Purchase vouchers received by Commission shall be: verified
for accuracy, compliance with State of Texas requirements, and compliance
with the Commission's contract or memorandum of agreements; approved and signed
by the Executive Director; and processed for payment.
(c)
The period September 1 through August 31 shall constitute
a fiscal year.
(d)
The records of all funds may be audited at the discretion
of the State Auditor.
(e)
The Commission shall prepare an annual financial report
in accordance with state law.
§201.7.Administration of Texas Public Information Act.
(a)
The Commission, pursuant to the Texas Public Information
Act, Chapter 552, Texas Government Code, shall provide copies of public records
upon request. All requests must be in writing and clearly identify the requested
records.
(b)
The Executive Director is designated the custodian of public
records of the Commission. All public records and public information shall
be made available upon written request in the offices of the Commission during
normal business hours. If the requested information is in active use or in
storage, the applicant will be so notified in writing and a date and hour
set within a reasonable time when the record will be available.
(c)
All reproduction fees shall conform to the Texas General
Services Commission schedule.
(d)
Inspection of records. Records access for purposes of inspection
will be by appointment only and will only be available during regular business
hours of the department. However, if the safety of any public record or the
protection of confidential information is at issue, or when a request for
inspection would be unduly disruptive to the ongoing business of the office,
physical access may be denied and the option of receiving copies at the usual
fees shall be provided.
§201.8.Complaints.
Upon request, the public or persons contracting with the Commission
shall be provided notice of the Commission's name, the mailing address and
the telephone number where complaints may be directed. Notice shall be effective
if provided by any of the following methods:
(1)
By typed or stamped notice placed on an agreement between
the Commission and persons contracting with the Commission;
(2)
By posting notice at the Commission's premise accessible
to the Commission's consumers, service recipients or persons contracting with
the Commission; or
(3)
By written notice from the Executive Director of the
Commission to the directors of all other state agencies and entities that
are consumers, service recipients or persons contracting with the Commission.
§201.9.Written Communications with the Texas Food and Fibers Commission.
Applications and other written communications to the Commission should
be addressed to the attention of the Texas Food and Fibers Commission, P.O.
Box 12046, Austin, Texas, 78711-2046.
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
April 22, 1999.
TRD-9902377
Robert V. Avant, Jr., P.E.
Executive Director
Texas Food and Fibers Commission
Earliest possible date of adoption: June 6, 1999
For further information, please call: (512) 936-2451
4 TAC §§202.1-202.3
The Texas Food and Fibers Commission proposes new rules,
§§202.1-202.3, concerning the industry advisory committee. These
new rules are being proposed to replace existing bylaws that address the industry
advisory committee.
Robert V. Avant, Jr., P.E., Executive Director, has determined that for
the first five-year period that the sections are in effect there will be no
new fiscal implications for state or local government as a result of administering
the rules.
Mr. Avant also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of administering
the sections will be clarification and formalization of the commission's procedures.
There will be no effect on small businesses as a result of enforcing these
sections. There is no new anticipated economic cost to entities who are required
to comply with the sections as proposed.
Comments on the proposal may be submitted to Robert V. Avant, Jr., P.E.,
Executive Director, Texas Food and Fibers Commission, P.O. Box 12046, Austin,
Texas, 78711-2046.
The sections are proposed under the Agriculture Code, Chapter
42, which provides the commission with the authority to promulgate rules consistent
with the Code.
No other articles, statutes, or codes are affected by these proposed rules.
§202.1.Industry Advisory Committee.
(a)
The Industry Advisory Committee shall be limited to 50
members and shall be appointed by the chairman of the Commission with approval
of the Commission. Appointment to the Industry Advisory Committee shall be
for a period of two years coinciding with the biennium.
(b)
The Committee shall have two divisions--the Food Protein
Advisory Committee and the Natural Fibers Advisory Committee.
(1)
The Food Protein Advisory Committee shall be limited to
25 members. Members shall elect a chairman annually for each fiscal year.
(2)
The Natural Fibers Advisory Committee shall be limited
to 25 members. Members shall elect a chairman annually for each fiscal year.
(c)
All recommendations of the Committee shall be approved
by majority vote of Committee members present. Recommendations of the Committee
shall be approved by the Executive Committee and routed through the Executive
Director to the Commission.
(d)
Vacancies occurring in the Industry Advisory Committee
shall be filled by the chairman of the Commission, with approval by the Commission.
Recommendations for the filling of vacancies of the Industry Advisory Committee
may be made by the Executive Advisory Committee by submitting candidates to
the Executive Director.
(e)
All special study committees or other activities shall
be approved by the Executive Advisory Committee and the Executive Director.
§202.2.Industry Advisory Committee Meetings.
(a)
The Committee shall meet at least once each year at a time
specified by the Committee chairman to review current the research, make annual
recommendations to the Commission for implementation of programs and further
research, and to discuss the research needs of industry.
(b)
All meetings of the Industry Advisory Committee shall be
called by the Executive Director after consultation with the respective Committee
chairman.
(c)
Minutes of all Committee meetings shall be taken and recorded.
A copy of the minutes shall be submitted to each of the Commissioners and
the Committee members.
(d)
Each participating university shall be given advance notice
of all meetings of the Industry Committee and Executive Advisory Committee
and may have representatives present at all of those meetings.
§202.3.Executive Advisory Committee.
(a)
The chairman of the Commission, with the approval if the
Commission, shall appoint five persons to an Executive Advisory Committee.
One person shall be representative of the wool industry, one from the mohair
industry, two from the cotton industry, and one from the food protein industry.
In addition to the appointed members, the Executive Advisory Committee shall
consist of the chairman of the Natural Fibers Advisory Committee, the chairman
of the Food Protein Advisory Committee, a representative of the Texas Department
of Economic Development, and a representative of the Texas Department of Agriculture.
(b)
The Executive Advisory Committee shall elect a chairman
annually for each fiscal year.
(c)
Appointment of any special study committees shall be by
the Executive Advisory Committee with approval of the Executive Director and
the Commissioners.
(d)
The Executive Advisory Committee shall meet semiannually
each fiscal year at times specified by the Committee chairman for budget recommendations,
project reviews, research reports, and other business. The chairman of the
commission may call or authorize special meetings of the Executive Advisory
Committee.
(e)
All recommendations of the Executive Advisory Committee
shall be presented to the Executive Director.
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
April 22, 1999.
TRD-9902378
Robert V. Avant, Jr., P.E.
Executive Director
Texas Food and Fibers Commission
Earliest possible date of adoption: June 6, 1999
For further information, please call: (512) 936-2451
4 TAC §§203.1-203.3
The Texas Food and Fibers Commission proposes new rules,
§§203.1-203.3, concerning university research programs. These new
rules are being proposed to replace existing bylaws that address university
research programs.
Robert V. Avant, Jr., P.E., Executive Director, has determined that for
the first five-year period that the sections are in effect there will be no
new fiscal implications for state or local government as a result of administering
the rules.
Mr. Avant also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of administering
the sections will be clarification and formalization of the commission's procedures.
There will be no effect on small businesses as a result of enforcing these
sections. There is no new anticipated economic cost to entities who are required
to comply with the sections as proposed.
Comments on the proposal may be submitted to Robert V. Avant, Jr., P.E.,
Executive Director, Texas Food and Fibers Commission, P.O. Box 12046, Austin,
Texas, 78711-2046.
The sections are proposed under the Agriculture Code, Chapter
42, which provides the commission the authority to promulgate rules consistent
with the Code.
No other articles, statutes, or codes are affected by these proposed rules.
§203.1.Primary Research Areas.
(a)
The Executive Director shall be responsible for coordination
of the approved research projects and for carrying out the policies set out
for the most effective utilization of the equipment, capabilities, and experience
at each participating university.
(b)
Research programs of the Commission shall be categorized
into the following areas:
(1)
Cotton research;
(2)
Sheep and goat research;
(3)
Food protein research;
(4)
Textile research;
(5)
Nutrition utilization research;
(6)
Natural fibers utilization research; and
(7)
Food and fibers information resources.
(c)
The primary designated research area of each participating
university is as follows.
(1)
Texas A&M University:
(A)
Texas Engineering Experiment Station--oilseed processing,
food, feed, and industrial protein products, and fats and oils;
(B)
Texas Agricultural Experiment Station--cotton breeding,
cotton production practices, and cotton economics; and
(C)
Texas Agricultural Experiment Station--wool and mohair
production and quality and sheep and goat meat production and quality.
(2)
The University of Texas--information resources
and educational materials.
(3)
Texas Tech University, International Textile Center--textile
processes research, product development, and fiber testing.
(4)
Texas Woman's University:
(A)
Department of Nutrition & Food Sciences--sensory/fry
lab for oils, oil nutrition studies, oil health studies, and flavor studies
for sheep and goat meat;
(B)
Department of Fashion & Textiles--dry cleaning research
laboratory, fabric acceptability, washability, flammability studies, and wear-life
studies, and fashion design; and
(C)
Collegiate design competition.
§203.2.University Cooperation.
The participating universities shall, to the extent possible, cooperate
and share resources so that maximum utilization is achieved from Commission
funds and equipment.
§203.3.Special Projects.
(a)
The participating universities are not specifically limited
to the areas identified in §203.1(c) of this title (relating to Primary
Research Areas), and may submit proposals in any research area.
(b)
Submission of project proposals shall not duplicate or
be directly competitive with existing research projects at the other participating
universities.
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
April 22, 1999.
TRD-9902379
Robert V. Avant, Jr., P.E.
Executive Director
Texas Food and Fibers Commission
Earliest possible date of adoption: June 6, 1999
For further information, please call: (512) 936-2451
Chapter 202.
Industry Advisory Committee
Chapter 203.
Primary Research Areas
Chapter 204.
Pre-proposal Submission