Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 1. GENERAL PROCEDURES

Subchapter A. GENERAL RULES OF PRACTICE

4 TAC §1.3, §1.5

The Texas Department of Agriculture (the department) adopts amendments to §1.3 and §1.5, concerning general rules of practice, without changes to the proposal published in the May 5, 2000, issue of the Texas Register (25 TexReg 3879). The amendment to §1.3 is adopted to clarify that procedural rules of the State Office of Administrative Hearings (SOAH) control in hearings conducted by that office. The amendment provides that in the event of a conflict between the rules in Chapter 1, Subchapter A, and SOAH's procedural rules,SOAH rules control. The amendment to §1.5 is adopted to allow the department to presume receipt within a reasonable time of documents mailed to the last known address of parties to administrative proceedings before the department. The timeline provided is consistent with similar service rules adopted by SOAH. The amendment provides that if a document is sent to parties by the department by regular, certified, or registered mail, the document is deemed received no later than five days after mailing.

No comments were received on the proposal.

The amendments are adopted under the Texas Agriculture Code, §12.016 which provides the Department with the authority to adopt rules to administer 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 August 10, 2000.

TRD-200005575

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: August 30, 2000

Proposal publication date: May 5, 2000

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

4 TAC §1.91

The Texas Department of Agriculture (the Department) adopts the repeal of §1.91, concerning an expiration date for Chapter 1, relating to general procedures, without changes to the proposal published in the May 5, 2000, issue of the Texas Register (25 TexReg 3880). The repeal of §1.91 is adopted because the establishment of an expiration date for Chapter 1 is no longer necessary due to the enactment of legislation establishing a timeframe for review of agency rules. The repeal of §1.91 eliminates the expiration date for Chapter 1.

No comments were received on the proposal.

The repeal is adopted under the Texas Agriculture Code, §12.016 which provides the Department with the authority to adopt rules to administer 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 August 10, 2000.

TRD-200005574

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: August 30, 2000

Proposal publication date: May 5, 2000

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

4 TAC §§1.200, 1.201, 1.206

The Texas Department of Agriculture (the Department) adopts amendments to §1.200 and new §1.201 and §1.206,concerning advisory committees of the department, including the Citrus Budwood Advisory Council and the Oyster Advisory Committee, without changes to the proposal published in the May 5, 2000, issue of the Texas Register (25 TexReg 3880). The amendment to §1.200 is adopted to correct a statutory citation, clarify language in regards to what committees are covered by the subchapter, and to clarify reporting by committees. Because department staff works very closely with committees, serving as support staff, and staffing and attending all committee meetings, the adopted reporting requirement allows reporting to be done through preparation of board minutes, as is the current practice. The amendment does allow the commissioner to request that a committee submit a formal report on its activities as the commissioner deems necessary. The new sections are adopted to add two committees to the department's listing of advisory committees found at Chapter 1, Subchapter E., in accordance with the requirements of the Texas Government Code, Chapter 2110. The amendments to §1.200 change the reference from the Texas Civil Statutes to the correct citation in the Texas Government Code, provide that committees established by or under statute are covered, and provide that committees will report to the agency by holding open meetings in which agency staff participate and record the proceeding and/or by submitting a report of committee activities, at the request of the Commissioner. New §1.201 adds the Citrus Budwood Advisory Committee to the listing and provides information regarding the committee's purpose, duties, and duration. New §1.206 adds the Oyster Advisory Committee to the listing and provides information regarding the committee's purpose, duties and duration.

No comments were received on the proposal.

The amendments and new sections are adopted under the Texas Agriculture Code, §12.016 which provides the Department with the authority to adopt rules to administer the Texas Agriculture Code; and the Texas Government Code, Chapter 2110, which requires that a state agency that is advised by an advisory committee adopt rules stating the purpose and task of the committee and the manner in which the committee will report to the agency.

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 August 10, 2000.

TRD-200005572

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: August 30, 2000

Proposal publication date: May 5, 2000

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

4 TAC §1.201

The Texas Department of Agriculture (the Department) adopts the repeal of §1.201, concerning the Egg Marketing Advisory Board, without changes to the proposal published in the May 5, 2000, issue of the Texas Register (25 TexReg 3881). The repeal of §1.201 is adopted to eliminate an unnecessary rule because the statutory authority creating the Board has been repealed. The repeal of §1.201 eliminates the Egg Marketing Advisory Board from the agency's listing of advisory committees.

No comments were received on the proposal.

The repeal is adopted under the Texas Agriculture Code, §12.016 which provides the Department with the authority to adopt rules to administer 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 August 10, 2000.

TRD-200005573

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: August 30, 2000

Proposal publication date: May 5, 2000

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

4 TAC §1.404

The Texas Department of Agriculture (the Department) adopts amendments to §1.404, concerning prepayments and waivers of public information charges, without changes to the proposal published in the May 5, 2000, issue of the Texas Register (25 TexReg 3881). The amendment of §1.404 is adopted to change the maximum amount that will be waived for processing a public information request. The amendment increases the maximum amount to more accurately reflect costs to the department of processing payments made by third parties for such requests, and more specifically, provides that the department will waive the charge for any request resulting in a total charge of $10 or less.

No comments were received on the proposal.

The amendment is adopted under the Texas Agriculture Code, §12.016 which provides the Department with the authority to adopt rules to administer 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 August 10, 2000.

TRD-200005571

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: August 30, 2000

Proposal publication date: May 5, 2000

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

4 TAC §1.700, §1.701

The Texas Department of Agriculture (the Department) adopts amendments to §1.700 and §1.701, concerning employee training rules, without changes to the proposal published in the May 5, 2000, issue of the Texas Register (25 TexReg 3882). The amendment to §1.700 is adopted to clarify the section and make it consistent with current agency policy. The amendment to §1.701 is adopted to broaden who may approve requests to attend training in order to make the approval process more efficient. The amendment to §1.700 adds language stating that no reimbursement will be made for refundable fees and textbooks. The amendment to §1.701 allows the employee's Regional Director to approve a request to attend an external training program, seminar or conference.

No comments were received on the proposal.

The amendments are adopted under the Texas Agriculture Code, §12.016 which provides the Department with the authority to adopt rules to administer the Texas Agriculture Code and the Texas Government Code, §656.048, which requires state agencies to adopt rules relating to employee training and education.

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 August 10, 2000.

TRD-200005570

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: August 30, 2000

Proposal publication date: May 5, 2000

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

Chapter 101. GENERAL RULES

Subchapter A. ROUTINE PROCEDURES

4 TAC §101.20

The Board of Directors of the Agriculture Resources Protection Authority (ARPA Board) adopts an amendment to §101.20, concerning reporting requirements for agencies under its jurisdiction, without changes to the proposal published in the June 30, 2000, issue of the Texas Register (25 TexReg 6247). The amendment to §101.20 is adopted to exempt the Texas Agricultural Extension Service (TAEX) and the State Soil and Water Conservation Board (SSWCB) from the requirement to report pesticide regulatory enforcement activity to the ARPA Board. The current regulation requires reporting by all agencies under ARPA's jurisdiction. The TAEX and the SSWCB have no regulatory authority over the use or handling of pesticides, and conduct no pesticide regulatory enforcement activities. The amendment exempts the TAEX and the SSWCB from reporting requirements so long as those agencies conduct no pesticide regulatory enforcement activities.

No comments were received on the proposal.

The amendment to §101.20 is adopted in accordance with the Texas Agriculture Code (the Code), §76.009, which provides the ARPA Board with the authority to adopt rules for the reporting of pesticide regulatory enforcement activity by agencies under ARPA's jurisdiction, and to adopt rules relating to any duty of ARPA.

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 August 10, 2000.

TRD-200005580

Dolores Alvarado Hibbs

Deputy General Counsel, Texas Department of Agriculture

Texas Agriculture Resources Protection Authority

Effective date: August 30, 2000

Proposal publication date: June 30, 2000

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

4 TAC §105.12

The Board of Directors of the Agriculture Resources Protection Authority (ARPA Board) adopts an amendment to §105.12, concerning prohibited pesticides, without changes to the proposal published in the June 30, 2000, issue of the Texas Register (25 TexReg 6247). The amendment to §105.12 is adopted to correct the name of an agency referenced in the section. The current regulation references the Texas Water Commission. The amendment changes that reference to refer to the Texas Natural Resource Conservation Commission.

No comments were received on the proposal.

The amendment to §105.12 is adopted in accordance with the Texas Agriculture Code (the Code), §76.009, which provides the ARPA Board with the authority to adopt rules relating to any duty of ARPA.

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 August 10, 2000.

TRD-200005581

Dolores Alvarado Hibbs

Deputy General Counsel, Texas Department of Agriculture

Texas Agriculture Resources Protection Authority

Effective date: August 30, 2000

Proposal publication date: June 30, 2000

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