TITLE 4.AGRICULTURE

Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 8. AGRICULTURAL HAZARD COMMUNICATION REGULATIONS

4 TAC §8.13

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Agriculture or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Agriculture (the Department) proposes the repeal of §8.13 concerning an expiration date for Chapter 8, relating to Agricultural Hazard Communication Regulations. The repeal of §8.13 is proposed because the establishment of an expiration date for Chapter 8 is no longer necessary due to the enactment of legislation establishing a timeframe for review of agency rules. The deletion of §8.13 eliminates the expiration date for Chapter 8.

Dolores Alvarado Hibbs, deputy general counsel, has determined that for the first five-year period the repeal is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal.

Ms. Hibbs also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be the elimination of unnecessary rules. There be no effect on micro-businesses or small businesses and to persons who are required to comply with the repeal as proposed.

Comments on the proposal may be submitted to Dolores Alvarado Hibbs, Texas Department of Agriculture, P. O. Box 12847, and Austin, Texas 78711. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register .

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

The code that will be affected by the proposal is the Texas Agriculture Code, Chapters 12 and 125.

§8.13.Expiration Provision.

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 March 10, 2000.

TRD-200001829

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: April 23, 2000

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


Chapter 14. PERISHABLE COMMODITIES HANDLING AND MARKETING PROGRAM

Subchapter A. GENERAL PROVISIONS

4 TAC §14.5

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Agriculture or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Agriculture (the Department) proposes the repeal of §14.5 concerning an expiration date for Chapter 14, relating to Perishable Commodities Handling and Marketing Program. The repeal of §14.5 is proposed because the establishment of an expiration date for Chapter 14 is no longer necessary due to the enactment of legislation establishing a timeframe for review of agency rules. The deletion of §14.5 eliminates the expiration date for Chapter 14.

Dolores Alvarado Hibbs, deputy general counsel, has determined that for the first five-year period the repeal is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal.

Ms. Hibbs also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be the elimination of unnecessary rules. There be no effect on micro-businesses or small businesses and to persons who are required to comply with the repeal as proposed.

Comments on the proposal may be submitted to Dolores Alvarado Hibbs, Texas Department of Agriculture, P. O. Box 12847, and Austin, Texas 78711. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register .

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

The code that will be affected by the proposal is the Texas Agriculture Code, Chapters 12, 101 and 103.

§14.5.Expiration Provision.

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 March 10, 2000.

TRD-200001830

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: April 23, 2000

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


Chapter 15. EGG LAW

4 TAC §15.11, §15.14

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Agriculture or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Agriculture (the Department) proposes the repeal of §15.11, concerning the Egg Marketing Advisory Board and §15.14, concerning an expiration date for Chapter 15, relating to Egg Law. The repeal of §15.11 is proposed because legislative authority for the Egg Marketing Advisory Board has been repealed. The repeal of §15.14 is proposed because the establishment of an expiration date for the Chapter is no longer necessary due to the enactment of legislation establishing a timeframe for review of agency rules. The deletion of §15.11 eliminates reference to the Egg Marketing Advisory Board. The deletion of §15.14 eliminates the expiration date for Chapter 15.

Dolores Alvarado Hibbs, deputy general counsel, has determined that for the first five-year period the repeals are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the repeals.

Ms. Hibbs also has determined that for each year of the first five years the repeals are in effect the public benefit anticipated as a result of enforcing the repeals will be the elimination of unnecessary rules. There be no effect on micro-businesses or small businesses and to persons who are required to comply with the repeal as proposed.

Comments on the proposal may be submitted to Dolores Alvarado Hibbs, Texas Department of Agriculture, P. O. Box 12847, and Austin, Texas 78711. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register .

The repeals are proposed under the Texas Agriculture Code (the Code), §12.016 which provides the Department with the authority to adopt rules to administer the Code; and, the Code, §132.003, which provides the department with the authority to adopt and enforce necessary rules to administer Chapter 132

The code that will be affected by the proposal is the Texas Agriculture Code, Chapters 12 and 132.

§15.11.Egg Marketing Advisory Board.

§15.14.Expiration Provision.

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 March 10, 2000.

TRD-200001831

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: April 23, 2000

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


Chapter 21. CITRUS

The Texas Department of Agriculture (the Department) proposes the repeal of §21.8 concerning an expiration date for Chapter 21 and an amendment to §21.22, concerning inspection fees for citrus. The repeal of §21.8 is proposed because the establishment of an expiration date for Chapter 21 is no longer necessary due to the enactment of legislation establishing a timeframe for review of agency rules. The amendment to §21.22(1) is proposed to correct contradictory language in that section and make it consistent with current practice. Both paragraph (1) and paragraph (2) of §21.22 make reference to charges for a "one-half" standard box. In practice, the charge for the commonly used one-half standard box is 1.5 cents, with 2.5 cents charged for one standard box. The deletion of §21.8 eliminates the expiration date for Chapter 21. The amendment to §21.22 (1) changes the basis for charging the maximum inspection fee from "2.5 cents per one-half standard box" to "2.5 cents per standard box".

Dolores Alvarado Hibbs, Deputy General Counsel, has determined that for the first five-year period the repeal and amendment are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal and amendment.

Ms. Hibbs also has determined that for each year of the first five years the repeal and amendment are in effect the public benefit anticipated as a result of enforcing the repeal will be the elimination of unnecessary rules and the public benefit in enforcing the amendment will be having a rule that is less confusing and consistent with current practice. There be no effect on micro-businesses or small businesses and to persons who are required to comply with the repeal as proposed.

Comments on the proposal may be submitted to Dolores Alvarado Hibbs, Texas Department of Agriculture, P. O. Box 12847, and Austin, Texas 78711. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register .

Subchapter A. CITRUS QUARANTINES

4 TAC §21.8

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Agriculture or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeal of §21.8 is proposed under the Texas Agriculture Code, §12.016 which provides the Department with the authority to adopt rules to administer the Texas Agriculture Code.

The code that will be affected by the proposal is the Texas Agriculture Code, Chapters 12 and 94.

§21.8.Expiration Provision.

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 March 10, 2000.

TRD-200001832

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: April 23, 2000

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


Subchapter B. CITRUS QUALITY

4 TAC §21.22

The amendment of §21.22 is proposed under the Texas Agriculture Code, §94.035, which provides the department with the authority to set and collect a fee for inspection of citrus fruit.

The code that will be affected by the proposal is the Texas Agriculture Code, Chapters 12 and 94.

§21.22.Fees.

A person who sells or ships grapefruit after July 31 and before December 2 of a year, or early or midseason oranges after July 31 and before November 2 of a year, shall pay to the department a maximum inspection fee of:

(1)

2.5 cents per one [ one-half ] standard box that is sold, transported, or delivered for transportation;

(2)-(3)

(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 March 10, 2000.

TRD-200001833

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: April 23, 2000

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


Chapter 23. ROSE GRADING

4 TAC §23.6

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Agriculture or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Agriculture (the Department) proposes the repeal of §23.6 concerning an expiration date for Chapter 23, relating to Rose Grading. The repeal of §23.6 is proposed because the establishment of an expiration date for Chapter 23 is no longer necessary due to the enactment of legislation establishing a timeframe for review of agency rules. The deletion of §23.6 eliminates the expiration date for Chapter 23.

Dolores Alvarado Hibbs, deputy general counsel, has determined that for the first five-year period the repeal is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal.

Ms. Hibbs also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be the elimination of unnecessary rules. There be no effect on micro-businesses or small businesses and to persons who are required to comply with the repeal as proposed.

Comments on the proposal may be submitted to Dolores Alvarado Hibbs, Texas Department of Agriculture, P. O. Box 12847, and Austin, Texas 78711. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register .

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

The code that will be affected by the proposal is the Texas Agriculture Code, Chapters 12 and 121.

§23.6.Expiration Provision.

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 March 10, 2000.

TRD-200001834

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: April 23, 2000

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