TITLE 4.AGRICULTURE

Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 12. WEIGHTS AND MEASURES

Subchapter E. LICENSED SERVICE COMPANIES

The Texas Department of Agriculture (the department) proposes amendments to Chapter 12 Weights and Measures, Subchapter E, §12.40 and §12.43, concerning fees charged to licensed service companies. The amendment to §12.40 is proposed to modify the class 7 license. The amendment to §12.43 is proposed to increase the company license fee charged for each license class. The amendments are further proposed 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fees charged for metrology services to recover costs of upgrading the department's metrology lab facility, replacing outdated equipment and providing more detailed documentation on certificates of calibration.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 proposal 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.

Patrick Forrester, coordinator for metrology, has determined that for the first five years the revised sections are in effect, there will be fiscal implications for state government due to the increase in the company license fee. There will be an approximate increase in revenue of $15,750 per year as a result of enforcing or administering the amended sections. There will be no fiscal implications for local government as a result of enforcing or administering the amended sections.

Mr. Forrester has also determined that for the first five years the sections are in effect, the public benefit anticipated as a result or enforcing or administering the amended sections will be greater standardization of the department weights and measures program. The anticipated cost to a microbusiness or a small business operating as a licensed service company required to comply with the amended sections is an increase in the company license fee from $50 to $75 per class.

Comments on the proposal may be submitted to Patrick Forrester, Coordinator for Metrology, 119 Cumberland Road, Austin, Texas 78704, and must be received no later than 30 days from the date of publication of the proposal in the Texas Register .

The amendments to §12.40 and §12.43 are proposed under the Texas Agriculture Code, §13.002, which provides the Texas Department of Agriculture with the authority to register persons to conduct installation or service activities and to adopt rules setting out requirements for registrants; and the Code, §12.016, which provides the department with the authority to adopt rules necessary for administration of the Code.

The code that will be affected by the proposal is the Texas Agriculture Code, Chapter 13.

§12.40.License Requirements.

(a) (No Change.)

(b) The department may issue a license to a person who:

(1) has available annually certified test standards meeting the specifications in NIST Handbook 105, for each class of license as follows:

(A) - (F) (No Change.)

(G) Class 7. Liquefied petroleum gas (LPG) measuring devices: [ ~~One 100 gallon~~ ] LPG prover.

(2) (No Change.)

§12.43.Fees.

Except as provided by Chapter 2, Subchapter B of this title (relating to Consolidated Licenses), the fee for each class of license is $75 [ ~~$50~~ ].

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 August 13, 2001.

TRD-200104657

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: September 23, 2001

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

Subchapter F. LICENSED INSPECTION COMPANIES

4 TAC §12.50, §12.53

The Texas Department of Agriculture (the department) proposes amendments to Chapter 12 Weights and Measures, Subchapter E, §12.50 and §12.53, concerning fees charged to licensed inspection companies. The amendment to §12.50 is proposed to modify the class 7 license. The amendment to §12.53 is proposed to increase the company license fee charged for each license class. The amendments are further proposed 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 proposal 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.

Patrick Forrester, coordinator for metrology, has determined that for the first five years the revised sections are in effect, there will be fiscal implications for state government due to the increase in the company license fee. There will be an approximate increase in revenue of $425 per year as a result of enforcing or administering the amended sections. There will be no fiscal implications for local government as a result of enforcing or administering the amended sections.

Mr. Forrester has also determined that for the first five years the sections are in effect, the public benefit anticipated as a result or enforcing or administering the amended sections will be greater standardization of the department weights and measures program. The anticipated cost to a microbusiness or a small business operating as a licensed inspection company required to comply with the amended sections is an increase in the company license fee from $50 to $75 per class.

The amendments to §12.50 and §12.53 are proposed under the Texas Agriculture Code, §13.002, which provides the Texas Department of Agriculture with the authority to register persons to conduct installation or service activities and to adopt rules setting out requirements for registrants; and the Code, §12.016, which provides the department with the authority to adopt rules necessary for administration of the Code.

The code that will be affected by the proposal is the Texas Agriculture Code, Chapter 13.

§12.50.License Requirements.

(a) (No Change.)

(b) The department may issue a license to a person who:

(1) has available annually certified test standards meeting the specifications in NIST Handbook 105, for each class of license as follows:

(A) - (F) (No Change.)

(G) Class 7. Liquefied petroleum gas (LPG) measuring devices: [ ~~One 100 gallon~~ ] LPG prover.

(2) - (3) (No Change.)

§12.53.Fees.

(a) The fees for each class of license is $75 [ ~~$50~~ ].

(b) (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 August 13, 2001.

TRD-200104659

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: September 23, 2001

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

Subchapter G. REGISTERED TECHNICIANS

4 TAC §12.60

The Texas Department of Agriculture (the department) proposes amendments to Chapter 12 Weights and Measures, Subchapter G, Registered Technicians, §12.60, concerning examination fees charged to registered technicians. The amendments to §12.60 are proposed to modify the examination procedure and to increase the examination fee charged for each exam administered. The amendments are further proposed 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 proposal 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.

Patrick Forrester, coordinator for metrology, has determined that for the first five years the revised sections are in effect, there will be fiscal implications for state government due to the increase in the examination fee. There will be an approximate increase in revenue of $10,800 per year as a result of enforcing or administering the amended sections. There will be no fiscal implications for local government as a result of enforcing or administering the amended sections.

Mr. Forrester has also determined that for the first five years the sections are in effect, the public benefit anticipated as a result or enforcing or administering the amended sections will be greater standardization of the department weights and measures program. The anticipated cost to a microbusiness or a small business employing a registered technician or an individual operating as a registered technician required to comply with the amended sections is an increase in the examination fee from $20 to $50 per examination.

The amendments to §12.60 are proposed under the Texas Agriculture Code, §13.002, which provides the Texas Department of Agriculture with the authority to register persons to conduct installation or service activities and to adopt rules setting out requirements for registrants; and the Code, §12.016, which provides the department with the authority to adopt rules necessary for administration of the Code.

The code that will be affected by the proposal is the Texas Agriculture Code, Chapter 13.

§12.60.Registration Requirement and Procedure.

(a) (No Change.)

(b) The department may issue a registration to each individual who:

(1) (No Change.)

(2) passes a written examination for each class of license which test the applicant's knowledge of Texas Weights and Measures Laws and Regulations, NIST Handbook 44 and NIST Publication 12.

(A) - (B) (No Change.)

~~[ ~~(C)~~ An examination can not be taken more than once during any consecutive seven day period.]~~

(e) Examination fees for each class of license is $50 [ ~~$20~~ ].

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 August 13, 2001.

TRD-200104658

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: September 23, 2001

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