TITLE 4.AGRICULTURE

Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 8. AGRICULTURAL HAZARD COMMUNICATION REGULATIONS

4 TAC §8.13

The Texas Department of Agriculture (the Department) adopts the repeal of §8.13 concerning an expiration date for Chapter 8 relating to Agricultural Hazard Communication Regulations, without changes to the proposal published in the March 24, 2000, issue of the Texas Register (25 TexReg 2497). The repeal of §8.13 is adopted 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 repeal of §8.13 eliminates the expiration date for Chapter 8.

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 April 28, 2000.

TRD-200003028

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: May 18, 2000

Proposal publication date: March 24, 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

The Texas Department of Agriculture (the Department) adopts the repeal of §14.5 concerning an expiration date for Chapter 14, relating to Perishable Commodities Handling and Marketing Program, without changes to the proposal published in the March 24, 2000, issue of the Texas Register (25 TexReg 2498). The repeal of §14.5 is adopted 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 repeal of §14.5 eliminates the expiration date for Chapter 14.

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 April 28, 2000.

TRD-200003029

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: May 18, 2000

Proposal publication date: March 24, 2000

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


Chapter 15. EGG LAW

4 TAC §15.11, §15.14

The Texas Department of Agriculture (the Department) adopts 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, without changes to the proposal published in the March 24, 2000, issue of theTexas Register (25 TexReg 2498). The repeal of §15.11 is adopted because legislative authority for the Egg Marketing Advisory Board has been repealed. The repeal of §15.14 is adopted because the establishment of an expiration date for Chapter 15 is no longer necessary due to the enactment of legislation establishing a timeframe for review of agency rules. The repeal of §15.11 eliminates reference to the Egg Marketing Advisory Board. The repeal of §15.14 eliminates the expiration date for Chapter 15.

No comments were received on the proposal.

The repeals are adopted 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.

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 April 28, 2000.

TRD-200003030

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: May 18, 2000

Proposal publication date: March 24, 2000

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


Chapter 21. CITRUS

The Texas Department of Agriculture (the Department) adopts the repeal of §21.8 concerning an expiration date for Chapter 21 and an amendment to §21.22, concerning inspection fees for citrus, without changes to the proposal published in the March 24, 2000, issue of the Texas Register (25 TexReg 2499) The repeal of §21.8 is adopted 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 adopted 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 amendment to §21.22(1) is also made to adopt a rule that is less confusing to the regulated industry. The repeal 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 one standard box".

No comments were received on the proposal.

Subchapter A. CITRUS QUARANTINES

4 TAC §21.8

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.

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 April 28, 2000.

TRD-200003031

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: May 18, 2000

Proposal publication date: March 24, 2000

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


Subchapter B. CITRUS QUALITY

4 TAC §21.22

The amendment of §21.22 is adopted 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.

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 April 28, 2000.

TRD-200003032

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: May 18, 2000

Proposal publication date: March 24, 2000

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


Chapter 23. ROSE GRADING

4 TAC §23.6

The Texas Department of Agriculture (the Department) adopts the repeal of §23.6 concerning an expiration date for Chapter 23, relating to Rose Grading, without changes to the proposal published in the March 24, 2000, issue of the Texas Register (25 TexReg 2499). The repeal of §23.6 is adopted 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 repeal of §23.6 eliminates the expiration date for Chapter 23.

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 April 28, 2000.

TRD-200003033

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: May 18, 2000

Proposal publication date: March 24, 2000

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