Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 1. GENERAL PROCEDURES

Subchapter G. INTERAGENCY AGREEMENTS

4 TAC §1.330

The Texas Department of Agriculture (the department) adopts new §1.330 concerning a memorandum of understanding (MOU) between the department, Texas Natural Resource Conservation Commission (TNRCC), and the Texas Parks and Wildlife Department (TPWD) regarding the regulation of aquaculture, without changes to the proposal published in the June 8, 2001 issue of the Texas Register (26 TexReg 4011).

The new section is adopted to fulfill the requirements of the Code, §134.031, which requires the department to enter into a memorandum of understanding with the Texas Natural Resource Conservation Commission and the Texas Parks and Wildlife Department regarding the regulation of matters related to aquaculture, and to establish an efficient and workable process for interagency coordination of permitting issues related to aquaculture. New §1.330 defines requirements set out in Senate Bill (SB) 873, 76th Legislature, 1999, for establishment of an Application Review Committee (ARC) to review wastewater discharge authorization applications from aquaculture facilities to ensure that the proposed discharge will not adversely affect a bay, an estuary, or other water in the state. The new MOU delineates each agency's responsibilities under the MOU, outlines coordination procedures for the review of individual permit applications, registration applications, requests for exemption, and notices of intent to be covered under a general permit, sets forth the responsibilities of each agency pertaining to licensing and regulation of aquaculture facilities within the state, and establishes the ARC. The ARC will be comprised of one individual from each of the three agencies and has the authority to review any request by an aquaculture facility for authority to discharge wastewater or for an exemption when disputes among the agencies cannot be resolved at the staff level. The section also sets forth the right of each agency to take any action it deems necessary to protect its legal authority under state law regardless of any provision in the MOU and sets forth general conditions including the term of the MOU and amendment procedures.

No comments were received on the proposal.

The new section is adopted under the Texas Agriculture Code (the Code), §134.031, which requires the Texas Department of Agriculture to enter into a memorandum of understanding with the Texas Natural Resource Conservation Commission, and the Texas Parks and Wildlife Department regarding the regulation of matters related to aquaculture; and the Code, §12.016, which provides the Department with the authority to adopt rules to administer the 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 July 12, 2001.

TRD-200104022

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: August 1, 2001

Proposal publication date: June 8, 2001

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

4 TAC §§1.800, 1.802, 1.803

The Texas Department of Agriculture (the department) adopts amendments to §§1.800, 1.802 and 1.803, concerning purpose, eligibility requirements, and selection of grant recipients under the department's Urban Schools Grants Program, without changes to the proposal published in the June 15, 2001, issue of the Texas Register (26 TexReg 4356). The amendments to §1.800 and §1.802 are adopted to make the sections consistent with HB 634, 77th Regular Legislative Session, 2001 (HB 634), amending the Texas Agriculture Code, §46.001, which sets forth the type of projects which may be funded, and §46.002, which sets forth limits to use of grant funds for the Urban Schools Grants Program. HB 634 deleted the requirement that the department not award a grant to more than one school within the same school district within a school year. The amendments to §1.803 change the nature and make-up of the panel reviewing grant proposals and clarifies the selection process. These amendments are adopted to make the selection process more efficient. In addition, the amendments provide the department with an opportunity to fund projects from a larger pool of grant proposals, thereby benefiting more Texas school children and raising awareness of agriculture.

No comments were received on the proposal.

The amendments to §§1.800, 1.802 and 1.803 are adopted under the Texas Agriculture Code §12.016, which provides the department with the authority to adopt rules as necessary for the administration of the Code; and the Code, §46.001, which provides the department with the authority to adopt rules to implement the urban schools grant program.

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 July 16, 2001.

TRD-200104077

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: August 5, 2001

Proposal publication date: June 15, 2001

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