Part I.
Texas Department of Agriculture
Chapter 3.
Boll Weevil Eradication Program
Subchapter G. Transfer or Addition of Areas to an Eradication Zone
4 TAC §3.301
The Texas Department of Agriculture (the department) adopts
new §3.301, concerning modification of boll weevil eradication zones,
without changes to the proposal published in the March 19, 1999, issue of
the
Texas Register
(24 TexReg 1886).
The new section is adopted to add an area to an existing boll weevil eradication
zone created under the Texas Agriculture Code, Chapter 74, Subchapter D. New
§3.301, upon the request of cotton growers in Mason County, adds Mason
County to the Southern Rolling Plains Boll Weevil Eradication Zone, in accordance
with the Texas Agriculture Code, §74.108(b).
The addition of Mason County to the Southern Rolling Plains Zone will allow
cotton growers in Mason County to be included in a boll weevil eradication
zone. When the Southern Rolling Plains Zone was established, there was no
cotton grown in Mason County. Recently, some growers have planted some cotton
in the county. Since this new cotton- producing area borders the Southern
Rolling Plains Zone, it was necessary for the cotton to be treated in order
to aid in eradication for the Southern Rolling Plains Zone. Thus far, cotton
growers in Mason County have voluntarily paid an assessment to be included
in the Southern Rolling Plains Zone eradication program, and the addition
of Mason County to the zone by rule and approval of the addition by grower
referendum will formalize this existing arrangement. The addition of Mason
County to the Southern Rolling Plains Zone will further ensure that all cotton-growing
areas in Central Texas are included in an eradication zone, and will allow
cotton growers in Mason County to be included when eradication is declared
in the Southern Rolling Plains Zone.
The Texas Agriculture Code, §74.108 provides that the Commissioner
of Agriculture may, by rule, add an area to an existing boll weevil eradication
zone if cotton production has begun in that area and the area is adjacent
to an eradication zone or is in an area with biological characteristics similar
to the eradication zone. Section 74.108 further provides that such an addition
must be approved in a referendum held in the area proposed to be added. The
department believes that the addition of Mason County to the Southern Rolling
Plains Zone meets the requirements of §74.108 in that, as stated in the
initial request for addition submitted to the department by cotton growers
in Mason County, cotton production is occurring in Mason County and the county
is adjacent to the Southern Rolling Plains Zone. The adopted rule does also
provide that the addition will not occur until approved by a grower referendum.
No comments were received on the proposal .
The new section is adopted under the Texas Agriculture Code,
§74.108(b), which provides the commissioner of agriculture with the authority,
by rule, to add an area to an eradication zone or transfer an area or county
from one statutory zone to another.
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 May
3, 1999.
TRD-9902621
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: May 23, 1999
Proposal publication date: March 19, 1999
For further information, please call: (512) 463-4075
Subchapter C. TAP, Taste of Texas, Vintage Texas, Texas Grown, Naturally Texas, and Go Texan Promotional Marks
4 TAC §§17.51-17.56, 17.60
The Texas Department of Agriculture (the department) adopts
amendments to §§17.51-17.56, and 17.60 concerning application and
registration to use the TAP, Taste of Texas, Vintage Texas, Texas Grown, Naturally
Texas and new Go Texan Promotion Mark, with changes to the proposal published
in the April 2, 1999 issue of the
Texas Register
(24 TexReg 2553). Section 17.51 is adopted with changes. Sections
17.52-17.56 and 17.60 are adopted without changes and will not be republished.
The definition of the "Go Texan" promotional mark, found at §17.51(13)
has been changed. The word "promotional" has been added to the term to be
defined to make that consistent with references to the mark in other sections.
A phrase has been added to the definition to reiterate that the words "Go
Texan" and the mark's design are a certification mark of the Texas Department
of Agriculture.
The amendments are adopted to incorporate new provisions for the use of
the "Go Texan" promotional mark into existing rules. The addition of the "Go
Texan" promotional mark provides Texas agricultural producers with another
means by which to promote their products. In addition, proposed amendments
for registration and use of the Naturally Texas Promotion Mark at §17.52(b)(5)
include changes in natural fiber content for qualified products which will
allow more product lines to use the Naturally Texas Promotion Mark. Fees for
registration for use of the Naturally Texas Promotion Mark will be reduced
to the same fee as the other promotional marks. Section 17.60 is amended to
replace the reference to the Texas Grown Nativescape Promotional Mark with
the Go Texas Nativescape Promotional Mark.
One comment was received by the department on the proposal from a current
Taste of Texas program member opposed to changing the Taste of Texas program
or having current members transition over to use of the Go Texan promotional
mark. Comments were received by two other Taste of Texas program members regarding
the design of the Go Texan promotional mark and, in their opinions, the incompatability
of that mark on their specific products. The amendments as adopted do not
preclude the use of existing program materials or promotional marks, including
the Taste of Texas mark. While the department does at some time in the future
anticipate proposing rules specifically on the use of the Go Texan promotional
mark and establishing a Go Texan program, the amendments that are the subject
of this submission do not specify requirements for the use of the Go Texan
mark or establish a new exclusive Go Texan program, but rather, add the Go
Texan mark to the existing list of promotional marks in Chapter 17 which are
available for use by all promotional marketing program members. Any future
rules proposed by the department on the Go Texan program will be promulgated
in accordance with requirements of law, including a notice and comment period
to allow all interested and affected persons to provide input.
The amendments are adopted under the Texas Agriculture Code §12.106,
which provides the department with the authority to adopt rules as necessary
for the administration of its powers and duties under the Texas Agriculture
Code; §12.017, which authorizes the department to regulate the use of
the term "Texas Agricultural Product" by rule; and, §12.0175 which authorizes
the department to establish programs to promote products grown in Texas and
products made from ingredients grown in Texas and to charge a membership fee
for those programs not to exceed $25.
§17.51.Definitions.
The following words and terms, when used in these sections, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)-(12)
(No Change.)
(13)
Go Texan promotional mark--The following mark being
a certification mark registered with the United States Patent and Trademark
Office and also being registered with the Secretary of State's office by the
department. "Go Texan" and design is a certification mark of the Texas Department
of Agriculture.
Figure: 4 TAC §17.51(13)
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 May
3, 1999.
TRD-9902623
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: May 23, 1999
Proposal publication date: April 2, 1999
For further information, please call: (512) 463-4075
Subchapter M. Sweet Potato Weevil Quarantine
Chapter 17.
Marketing and Development Division
Chapter 19.
Quarantines