4 TAC §§17.304, 17.306, 17.308
The Texas Department of Agriculture adopts amendments to §§17.304,
17.306, and 17.308, concerning the GO TEXAN Partner Program, with changes
to the proposal published in the May 19, 2000, issue of the
Texas Register
(25 TexReg 4421). Section 17.308 is adopted with changes.
Sections 17.304 and 17.306 are adopted without changes and will not be republished.
Section 17.308 has been changed at subsection (g) to clarify that a refund
will be made to an applicant after quantification information required under
the project contract has been submitted to the department. The amendments
to §§17.304, 17.306 and 17.308 are adopted in order to clarify the
application procedures for the GO TEXAN Partner Program, and to clarify procedures
and requirements regarding in-kind contributions and refunds of unused grant
funds. The amendments to §§17.304 and 17.306 provide that the matching
funds shall be those as specified in the grant contract, rather than as proposed
in the project request. The amendments to §17.306 also provide that in-kind
matching contributions may be contributed by the grantee or a third party
and that travel expenses approved by the board are deemed to be in-kind contributions,
and set out the procedures for documenting in-kind contributions. In addition
to the referenced proposed changes in language, §17.306 has also been
reformatted for purposes of clarity and new subsection (g) designated, relating
to in-kind contributions. The amendments to §17.308(f) and (g) provide
that the grant funds are those specified in the contract, not the project
request, and the amendment to §17.308(g) clarifies that returned funds
are refunded as opposed to being reimbursed and will be refunded after required
quantification information has been submitted to the department.
No comments were received on the proposal.
The amendments are adopted under the authority of §46.012
of the Texas Agriculture Code, which provides that the department shall adopt
rules to administer Chapter 46 of the Code.
§17.308.Use of Funds.
(a)
Funds received under this subchapter may only be used for
activities promoting the sale of Texas agricultural products and administering
the program.
(b)
The department may allocate funds to categories of eligible
applicants and to general or product-specific promotional activities. For
purposes of this subchapter, the department shall have the sole discretion
to allocate funds to categories.
(c)
For the first six months of Fiscal Year 2000, the board
shall not approve project requests in excess of $30,000, including matching
funds.
(d)
The department may use program funds for the payment of
program administrative expenses in accordance with authority provided in the
Texas Agriculture Code, Chapter 46.
(e)
Projects funded shall meet all state bidding requirements.
(f)
85% of all funds for each approved and contracted project
shall be expended to promote the specific product(s) of applicants and 15%
of all funds for each approved and contracted project shall be expended on
the department's GO TEXAN Program. If feasible and practical, the 15% portion
of funds for each individual project request will be expended in a manner
that directly or indirectly promotes the specific product(s) of applicant.
(g)
Upon the completion or cancellation of a project, the department
will refund to the successful applicant the applicant's share of any unexpended
funds approved and contracted for the project. A refund will be made after
quantification information required by the project contract has been submitted
to the department.
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 June 30, 2000.
TRD-200004548
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: July 20, 2000
Proposal publication date: May 19, 200
For further information, please call: (512) 463-4075