Part 1.
TEXAS DEPARTMENT OF AGRICULTURE
Chapter 12.
WEIGHTS AND MEASURES
Subchapter D. METROLOGY
4 TAC §12.30
The Texas Department of Agriculture (the department) adopts
amendments to Chapter 12 Weights and Measures, Subchapter D, §12.30,
concerning fees charged for metrology services, without changes to the proposal
published in the June 29, 2001, issue of the
Texas
Register
(26 TexReg 4816). The amendments are adopted to increase fees
charged for metrology services to recover costs of upgrading the department's
metrology lab facility, replacing outdated equipment and providing more detailed
documentation on certificates of calibration. The fees increased by this adoption
have not been increased by the department since 1991. The National Voluntary
Laboratory Accreditation Program (NVLAP) standards require metrology laboratories
to meet stringent documentation, temperature, humidity, and vibration controls
in order to become accredited. The current facility will not meet the required
environmental standards. Increasing demand from companies requesting the department
to provide ISO9000 compliance certification require an upgrade of the department's
laboratory. Associated costs for the facility upgrade, replacing equipment,
and providing this information will affect cost recovery as required by the
Texas Agriculture Code, §12.0144. The increase in fees will allow the
department to recover some of its cost associated with testing, in accordance
with §12.0144. Further, the funds provided by the amendments will allow
the department to provide Texas businesses and individuals with substantial
marketing and audit benefits with a more detailed certificate containing information
such as: state primary standards information, before and after calibration
data, environmental conditions, procedure used, allowable tolerance, and measurement
uncertainties. In addition, replacing outdated mechanical laboratory balances
and upgrading lab facilities will improve measurement accuracy and efficiency.
Another benefit for Texas businesses will be that the department will be able
to provide services that will meet internationally recognized quality standards.
In addition to increasing tolerance testing fees, the amendments also provide,
at new subsection (c), that applies the increased fees to any testing performed
after August 31, 2001.
No comments were received on the proposal
The amendments are adopted under the Texas Agriculture Code (the
Code), §13.002 which provides the department with the authority to adopt
rules necessary for the enforcement and administration of the department's
Weights and Measures program; and § 13.115, which provides the department
with the authority to set and charge a fee for the testing of a weight or
measure by the department's metrology laboratory.
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 6, 2001.
TRD-200104479
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: August 26, 2001
Proposal publication date: June 29, 2001
For further information, please call: (512) 463-4075
4 TAC §§24.3, 24.9, 24.10, 24.12, 24.15
The Board of Directors of the Texas Agricultural Finance
Authority (TAFA) of the Texas Department of Agriculture (the department)
adopts amendments to §§24.3, 24.9, 24.10, 24.12 and 24.15, concerning
the Farm and Ranch Finance Program, with changes to the proposal published
in the June 22, 2001, issue of the
Texas Register
(26 TexReg 4578). Gramatical errors have been corrected in §24.3(10),
concerning the definition of Guarantee amount, and in §24.10(a)(3),
concerning the requirement for an applicant to provide the applicant's agricultural
experience. Sections 24.9, 24.12 and 24.15 are adopted without changes and
will not be republished.
The amendments are adopted in order to make the sections consistent with
changes made to the Texas Agriculture Code, Chapters 58 and 59 by the enactment
of Senate Bill 716 (SB 716), 77th Legislature (2001). Senate Bill 716 provides
authority for TAFA to provide loan guarantees to lenders for the purchase
of farm and ranch real estate. In addition, the amendments will generate
a greater number of approved commitments for agricultural entities under
the Farm and Ranch Finance Program. The amendments to §24.3, concerning
Definitions, add the definitions of "Commissioner" and "Guarantee Amount".
The amendment to §24.9, concerning Filing Requirements and Consideration
of Application, amends subsection (d) to provide for review and approval
of applications by the commissioner if the lender had been approved through
TAFA's Preferred Lender Program. The amendment to §24.10, concerning
Contents of the Application, amends paragraph (a)(3) to eliminate the resume
requirement and provide that the applicant must provide information regarding
agricultural experience and deletes subsection (f), regarding the requirement
for an earnest money contract. The amendment to §24.12, concerning General
Terms and Conditions of Authority's Financial Commitment, amends subsection
(c) to change the ratio of pledged collateral required and provides for TAFA
to provide a lender a guarantee on the lender commitment in an amount not
to exceed 15% of the lender's total commitment. The amendment to §24.15,
concerning Default Proceedings amends subsections (g) to change the ratio
for sharing of net proceeds by the lender and TAFA after a default occurs.
No comments were received on the proposal.
The amendments are adopted under the Texas Agriculture Code, §58.022
and §59.022, which provide the TAFA board with the authority to adopt
rules and procedures for administration of the programs of TAFA, including
the Farm and Ranch Finance Program.
§24.3.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Act--Texas Agriculture Code, Chapter 59, Farm and Ranch
Finance Program.
(2)
Applicant--Any person who is applying for assistance under
the Act and this chapter.
(3)
Application--An application, including supporting documentation
and schedules as required by the Authority for participation in this program.
(4)
Authority--The Texas Agricultural Finance Authority acting
through its Board of Directors.
(5)
Borrower--An applicant approved for a loan by the Authority
Board of Directors.
(6)
Commissioner--The Commissioner of the Texas Department
of Agriculture.
(7)
Department--The Texas Department of Agriculture.
(8)
Financial statements--Financial statements submitted by
the applicant, which shall include a balance sheet, income statement, cash
flow statement and owners equity reconciliation, if applicable.
(9)
Fund--The Farm and Ranch Finance Program Fund.
(10)
Guarantee Amount--With respect to a loan made by a lender,
a sum measured in terms of United States dollars that the Authority agrees
to pay in the case of default by the borrower, not to exceed the percentage
and amount as stated in the guaranty agreement.
(11)
Interest rate--The interest rate on a loan as determined
and approved by the Authority and the lender on a case-by-case basis.
(12)
Lender--A lender shall be a state or nationally chartered
commercial lending institution, savings and loan association, credit union,
any member of the Farm Credit System in the state, or any institution that
the Authority determines is an experienced and sophisticated lender.
(13)
Loan--A loan approved by the Authority in accordance with
the requirements and criteria set forth in the Act and in this chapter.
(14)
Program--The Farm and Ranch Finance Program.
(15)
Staff--The staff of the Department performing work for
the Authority.
(16)
State--The State of Texas.
§24.10.Contents of the Application.
(a)
Required information.
(1)
the applicant's name and address;
(2)
the applicant's social security number;
(3)
the applicant's agricultural experience;
(4)
a completed personal history questionnaire;
(5)
a current credit bureau report and/or two credit references;
(6)
information and/or letters of commitment regarding other
funding sources, if applicable;
(7)
disclosure of any and all business affiliations of the
applicant with members of the Authority, employees of the department and the
staff which could present a conflict of interest; and
(8)
any other information which the applicant, the lender,
or the Authority decides may be useful in the determination of the applicant's
eligibility and/or creditworthiness.
(b)
Financial statement. Financial statements, preferably based
in accordance with generally accepted accounting principles, should be typed
or written in ink, dated (no more than three months old), and signed by the
applicant and spouse, if applicable. Printed forms of lending institutions
will be accepted. A financial statement will be required from each person/entity
who will become personally liable on the loan.
(c)
Business plan. A business plan for the applicant's proposed
operation, including the land acquisition must provide assurance to the Authority
that the applicant intends to use the land purchased primarily for farming
or ranching. The plan must provide a comprehensive overview of the proposed
operation and evidence of sufficient cash flow of the applicant for the requested
financing and all other indebtedness. The assumptions on which the plan is
based must be provided, including the interest rate used.
(d)
Tax returns. The applicant's complete tax returns including
W- 2 forms, if applicable, for the preceding three years.
(e)
Farm or ranch land appraisal. An appraisal of the farm
or ranch land, as completed in compliance with Federal law, must be submitted
which identifies the appraised market value of the farm or ranch land. The
appraisal must be completed by an appraiser, selected by the lender, who is
duly qualified to perform such task. A letter stating the appraiser's qualifications
and experience must be submitted with the appraisal.
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 6, 2001.
TRD-200104477
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: August 26, 2001
Proposal publication date: June 22, 2001
For further information, please call: (512) 463-4075
Subchapter A. GENERAL PROCEDURES
Chapter 24.
TEXAS AGRICULTURAL FINANCE AUTHORITY: FARM AND RANCH FINANCE PROGRAM
Chapter 30.
TEXAS AGRICULTURAL FINANCE AUTHORITY: YOUNG FARMER LOAN GUARANTEE PROGRAM