Part 7.
TEXAS AGRICULTURE RESOURCES PROTECTION AUTHORITY
Chapter 101.
GENERAL RULES
Subchapter A. ROUTINE PROCEDURES
4 TAC §101.20
The Board of Directors of the Agriculture Resources Protection
Authority (ARPA Board) proposes an amendment to §101.20, concerning reporting
requirements for agencies under its jurisdiction. The amendment to §101.20
is proposed to exempt the Texas Agricultural Extension Service (TAES) 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
TAES and the SSWCB have no regulatory authority over the use or handling of
pesticides, and conduct no pesticide regulatory enforcement activities. The
proposed amendment exempts the TAES and the SSWCB from reporting requirements
so long as those agencies conduct no pesticide regulatory enforcement activities.
Donnie Dippel, Assistant Commissioner for Pesticide Programs, has determined
that for the first five-year period the proposed amendment is in effect there
is no anticipated fiscal impact on state or local government as a result of
administration and enforcement of the section.
Mr. Dippel has also determined that for each year of the first five years
the proposed amendment is in effect the public benefit anticipated as a result
of administrating the amended section will be a more efficient implementation
of reporting requirements. There is no anticipated additional economic cost
to micro-businesses, small businesses or individuals required to comply with
the amended section.
Comments on the proposal may be submitted to Donnie Dippel, Assistant Commissioner
for Pesticide 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 the publication of the proposal in the
Texas Register
.
The amendment to §101.20 is proposed 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.
The code that is affected by the proposal is the Texas Agriculture Code,
Chapter 76.
§101.20.Submission of Reports by Agencies.
(a)
Time and Place for Submission.
(1)-(3)
(No change.)
(4)
The Texas Agricultural Extension
Service and the State Soil and Water Conservation Board are exempted from
the reporting requirement of this section, so long as those agencies do not
conduct regulatory enforcement activities.
(b)-(d)
(No change.)
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 19, 2000.
TRD-200004292
Dolores Alvarado Hibbs
Deputy General Counsel, Texas Department of Agriculture
Texas Agriculture Resources Protection Authority
Earliest possible date of adoption: July 30, 2000
For further information, please call: (512) 463-4075
Chapter 105.
CHLORDANE REGULATIONS