Part 1.
TEXAS DEPARTMENT OF AGRICULTURE
Chapter 17.
MARKETING AND PROMOTION DIVISION
Subchapter G. GO TEXAN PARTNER PROGRAM RULES
4 TAC §§17.302 - 17.304, 17.306, 17.308
The Texas Department of Agriculture (the department) adopts
amendments to §§17.302 - 17.304, 17.306 and 17.308, concerning the
administration of the department's GO TEXAN Partner Program (GOTEPP), a matching
grant program. Sections 17.303, 17.304, and 17.306 are adopted with changes
to the proposal published in the May 16, 2003 issue of the
Texas Register
(28 TexReg 3883). Section 17.302 and §17.308 are
adopted without changes and will not be republished.
The amendments are adopted to clarify and update the sections, to establish
a requirement that retailers or distributors applying to GOTEPP document a
direct benefit to GO TEXAN members, to establish maximum grant award amounts
and to establish a maximum number of projects that may be funded per biennium.
No public comments were received on the proposal.
The amendment to §17.302, as adopted, adds a representative of agricultural
producers to the GOTEPP advisory board, provides that the board shall meet
at least biannually and provides that a majority of the total board membership
shall constitute a quorum.
The amendment to §17.303, as adopted, provides additional eligibility
requirements for retailers and distributors applying to the program, in order
for the applicant to document a proposed project's direct benefit to GO TEXAN
members. The department has made changes to the proposal in order to clarify
this section, to distinguish between co-applicant producers and originating
retailer/distributor applicants.
The amendment to §17.304, as adopted, adds a requirement to disclose
names of owners having 10% or more ownership interest in an applicant business
entity. The department has made changes to the proposal for purposes of clarification.
The amendment to §17.306, as adopted, updates the address of the department's
Marketing and Promotion Division, clarifies that at least a majority of a
quorum of the board must approve or deny each project request, and adds new
subsection (h) establishing maximum grant awards and a maximum number of projects
that may be funded per biennium. The department has made changes to the proposal
to clarify this section, to distinguish between a grant award, which does
not include matching funds, and the total project amount, which includes grant
and matching funds.
The amendment to §17.308, as adopted, establishes a minimum amount
of $10 that will be returned to a successful applicant as a refund.
The amendments are adopted under the Texas Agriculture Code, §46.012,
which authorizes the department to adopt rules to administer the GO TEXAN
Partner Program.
§17.303.Eligibility.
(a)
An eligible applicant must be:
(1)
a state or regional organization or board that promotes
the marketing and sale of Texas agricultural products and does not stand to
profit directly from specific sales of agricultural commodities;
(2)
a cooperative organization, as defined by §17.301
of this title (relating to Definitions);
(3)
a state agency or board that promotes the marketing and
sale of agricultural commodities;
(4)
a national organization or board that represents Texas
producers and promotes the marketing and sale of Texas agricultural products;
(5)
a small business, as defined by §17.301 of this title
(relating to Definitions); or
(6)
any other entity or business, other than a business meeting
the definition of small business, that promotes the marketing and sale of
Texas agricultural products. If a retailer or distributor, the applicant must
demonstrate a direct benefit to GO TEXAN members in the manner provided in
subsection (b) of this section. For purposes of this section, the department
shall have the sole discretion to determine whether an entity meets program
eligibility requirements.
(b)
A retailer or distributor who applies under the program,
must meet the requirements of paragraph (1) or (2) of this subsection, in
order to document a direct benefit to GO TEXAN members:
(1)
Applying with GO TEXAN members.
(A)
The retailer/distributor must apply jointly with GO TEXAN
members, other than associate or other retail members, in order to submit
a GOTEPP project proposal.
(B)
All participating applicants must be GO TEXAN members.
(i)
GOTEPP project proposals with a total project amount from
$0.00 to $5,000.00 require a minimum of one co-applicant/producer in addition
to the originating retailer or distributor applicant.
(ii)
GOTEPP project proposals with a total project amount from
$5,001.00 to $30,000.00 require a minimum of three co-applicants/producers
in addition to the originating retailer or distributor applicant.
(iii)
GOTEPP project proposals with a total project amount
from $30,001.00 to $99,999.00 require a minimum of seven co-applicants/producers
in addition to the originating retailer or distributor applicant.
(iv)
GOTEPP project proposals with a total project amount over
$100,000.00 require a minimum of 10 or more co-applicants/producers, in addition
to the originating retailer or distributor applicant.
(C)
All participating co-applicants and originating applicant
retailers/distributors must submit all required GOTEPP documentation.
(D)
A retailer/distributor is permitted to utilize the same
additional applicants no more than twice in a biennium; or
(2)
Demonstration of GO TEXAN members/vendors. Retailer/distributors
can apply without applying with other GO TEXAN members if 70% of their members
and/or vendors are GO TEXAN members, other than associate or retail members.
(c)
All applicants will be required to provide documentation
verifying the stated information, in addition, they will be required to report
sales information.
§17.304.Requirements for Participation.
To be eligible for participation in this program utilizing matching
state funds under this subchapter, an applicant must:
(1)
be a member in good standing of the GO TEXAN program;
(2)
be an eligible applicant under this subchapter;
(3)
prepare and submit a project request in accordance with
this subchapter;
(4)
submit a notarized affidavit on a form provided by the
department certifying and disclosing the following:
(A)
that applicant is not currently delinquent in the payment
of any franchise taxes owed the State of Texas under Chapter 171, Tax Code
and will notify the department of status change; and
(B)
that applicant is not currently delinquent in the payment
of child support and will notify the department of status change; and
(C)
disclosing any existing or potential conflict of interest
relative to the evaluation and implementation of the project plan by the board
and acknowledge that applicant will notify the department of status change;
and
(D)
disclosing names of owners having 10% or more ownership
interest in a business entity; and
(E)
that applicant meets all program requirements to apply
for matching funds; and
(5)
submit to the department, within ten business days after
receiving a request for funds from the department, cash matching funds as
specified in the grant performance contract and in accordance with this subchapter.
§17.306.Filing Requirements and Consideration of Project Requests.
(a)
Project request. An applicant must submit a project request,
completed in accordance with this subchapter, to the department's Marketing
and Promotion Division, 1700 N. Congress Ave., 11th Floor, Austin, Texas 78711.
(b)
Department review. Department staff will review the project
request for completeness and examine the benefits of the project for Texas
agriculture and economic growth in the state.
(c)
Department staff determination of ineligibility. Department
staff may determine that project requests are ineligible for any of the following
reasons:
(1)
department staff determines that the project request is
not complete, in accordance with this subchapter; or
(2)
department staff determines that applicant provided false
information to the department.
(d)
Notification. If a determination of ineligibility is made
by staff, the department will notify the applicant in writing, identifying
the reasons for ineligibility. Eligible applicants will be notified in writing
and advised of the next scheduled board meeting.
(e)
Board review of eligible applicants. The board shall approve
or deny each project request by at least a majority of the quorum of the board.
(f)
Deposit of matching funds. Matching funds for board approved
and contracted projects shall be deposited with the department within ten
business days after receiving a request for funds from the department. For
purposes of this subchapter, "matching" means a dollar-per-dollar amount.
(g)
In-kind contributions.
(1)
The Department may accept in-kind contributions with a
documented, clear monetary value from program applicants to satisfy the matching
funds requirement. In-kind contributions may be contributed by the applicant
or a third party.
(2)
For purposes of this subchapter, the board shall have sole
discretion to approve the use of in-kind contributions, in an amount not to
exceed 10% of the total approved and contracted project amount, to satisfy
the matching funds requirement. Travel expenses approved by the board are
deemed to have board approval for treatment solely as in-kind contributions
unless specifically stated otherwise.
(3)
The successful applicant, or grantee, must provide satisfactory
documentation to the department of the actual expenditure or utilization of
any approved in-kind contributions by the grantee prior to the release or
expenditure by the department of the corresponding GO TEXAN Program matching
grant funds. The documentation provided by the grantee must establish the
clear monetary value of the in-kind contribution.
(4)
Should the grantee fail to provide satisfactory documentation
of the in-kind contribution, or should the actual monetary value of the in-kind
contribution as established by the documentation fail to equal the projected
or anticipated value, the corresponding GO TEXAN Program matching grant funds
will be forfeited by the grantee and will revert back to the general GO TEXAN
Partner Program Account.
(5)
In the event the actual value of the in-kind contribution
exceeds the projected or anticipated value, the GO TEXAN Program matching
grant funds shall not be increased, but the excess shall be deemed outside
the GO TEXAN program and shall be the sole responsibility of the grantee.
(h)
Maximum grant awards; number of projects.
(1)
A maximum grant award of $75,000 (not including matching
funds) per project may be approved by the board, for a maximum total project
amount of $150,000 (including matching funds).
(2)
A maximum grant award of $75,000 (not including matching
funds, with a total project amount of $150,000, including matching funds)
per applicant, per biennium, may be approved by the board.
(3)
No more than two projects per biennium may be approved
for any one applicant.
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 1, 2003.
TRD-200304041
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: July 21, 2003
Proposal publication date: May 16, 2003
For further information, please call: (512) 463-4075
Subchapter A. CITRUS QUARANTINES
Chapter 21.
CITRUS