TITLE 4.AGRICULTURE

Part 11. TEXAS FOOD AND FIBERS COMMISSION

Chapter 201. COMMISSION ADMINISTRATION

4 TAC §§201.1, 201.4, 201.5, 201.7

The Texas Food and Fibers Commission (Commission) proposes to amend §§201.1, 201.4, 201.5, and 201.7, concerning commission administration.

Robert V. Avant, Jr., P.E., Executive Director, has determined that for the first five year period the proposed amended sections are in effect, there will be no fiscal implications for state or local governments as a result of enforcing or administering the proposed amended sections.

Mr. Avant, has also determined that for each of the first five years the amendments are in effect, the public benefit anticipated as a result of enforcing the proposed amendments will be that the public is assured the Commission's rules are current and accurate. Mr. Avant, has determined that there will be no anticipated economic cost to the public, small businesses, or to the persons who are required to comply with the sections as proposed.

Comments on the proposed amendments may be submitted to Elizabeth Longoria, Texas Food and Fibers Commission, via mail to P.O. Box 12046, Austin, Texas 78711, or electronically to elizabeth.ruiz@mail.capnet.state.tx.us no later than 5:00 p.m. CST within 30 days after publication.

The amendments are proposed under §42.003(e) of the Texas Agriculture Code, which authorizes the Commission to adopt rules for conducting business.

There are no other statues, articles, or codes that will affected by this proposal.

§201.1.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) - (3) (No change.)

(4) Advisory committees--Food Protein and Natural Fibers Committees. [ Committee--The Industry Advisory Committee. ]

(5) (No change.)

§201.4.Organization.

(a) The Commission is composed of the chancellor of the Texas A&M University System, the president of The University of Texas at Austin, the president of Texas Tech University , [ ; ] and the president of Texas Woman's University.

(b) - (d) (No change.)

(e) The Executive Director shall: manage the day-to-day business of the Commission; employ staff; draft rules, agreements, contracts, and other documents for approval by the Commission; prepare the agency strategic plan, biennial legislative appropriations request, annual operating budget, annual financial report, and other reports required by the governor, legislature, and state and federal agencies; interact with staff and officials of universities, federal government, and state government concerning Commission programs; interact with producers and members of the industries that the Commission serves; coordinate with the advisory committees [ Industry Advisory Committee ]; request and review research proposals; recommend research programs; coordinate approved research projects at the participating universities; monitor other private, federal, and state research; receive and review research reports; receive, review, and approve payment vouchers; approve disbursements in accordance with the Commission's operating budget; conduct an annual property inventory; and carry out other duties and responsibilities assigned by law or delegated by the Commission.

(f) (No change.)

§201.5.Commission Meetings.

(a) The Commission shall meet at least once each fiscal year, prior to September 1. During odd-numbered years, budget approval, appointment of the advisory committees [ Industry Advisory Committee ], review of advisory committee [ Industry Advisory Committee ] recommendations, review of Commission operations, and other business shall be considered. During even-numbered years, review of Commission operations and other business shall be considered. The agenda and advance meeting materials , and recommendations of the advisory committees [ Industry Advisory Committee ] shall be mailed by the Executive Director to all members of the Commission at least ten calendar days prior to the meeting.

(b) - (e) (No change.)

§201.7.Administration of Texas Public Information Act.

(a) - (b) (No change.)

(c) All reproduction fees shall conform to the Texas Building and Procurement [ General Services ] Commission schedule.

(d) (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 May 28, 2003.

TRD-200303285

Robert V. Avant, Jr., P.E.

Executive Director

Texas Food and Fibers Commission

Earliest possible date of adoption: July 13, 2003

For further information, please call: (512) 936-2450


Chapter 202. FOOD PROTEIN AND NATURAL FIBERS ADVISORY COMMITTEES

4 TAC §§202.1 - 202.3

The Texas Food and Fibers Commission (Commission) proposes to amend §§202.1 - 202.3, concerning advisory committees.

Robert V. Avant, Jr., P.E., Executive Director, has determined that for the first five year period the proposed amended sections are in effect, there will be no fiscal implications for state or local governments as a result of enforcing or administering the proposed amended sections.

Mr. Avant, has also determined that for each of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the proposed amendments will be that the public is assured the Commission's rules are current and accurate. Mr. Avant, has determined that there will be no anticipated economic cost to the public, small businesses, or to the persons who are required to comply with the sections as proposed.

Comments on the proposed amendments may be submitted to Elizabeth Longoria, Texas Food and Fibers Commission, via mail to P.O. Box 12046, Austin, Texas 78711, or electronically to elizabeth.ruiz@mail.capnet.state.tx.us no later than 5:00 p.m. CST within 30 days after publication.

The amendments are proposed under §42.003(e) of the Texas Agriculture Code, which authorizes the Commission to adopt rules for conducting business.

There are no other statutes, articles, or codes that will be affected by this proposal.

§202.1. Food Protein and Natural Fibers Advisory Committees [ Industry Advisory Committee ].

(a) The Food Protein Advisory shall be limited to 24 members and shall be appointed by the chairman of the Commission with approval of the Commission.

(1) Appointment to the Food Protein Advisory Committee shall be for a period of two years coinciding with the biennium.

(2) The member of the Food Protein Advisory Committee shall elect a chairman annually for each fiscal year.

(3) All recommendations of the Food Protein Advisory Committee shall be approved by the majority vote of the Food Protein advisory members present.

(b) The Natural Fibers Advisory Committee shall be limited to 24 members and shall be appointed by the chairman of the Commission with the approval of the Commission.

(1) Appointment to the Natural Fibers Advisory Committee shall be for a period of two years coinciding with the biennium.

(2) The members of the Natural Fibers Committee shall elect a chairman annually for each fiscal year.

(3) All recommendations of the Natural Fibers Advisory Committee shall be approved by majority vote of Natural Fibers advisory members present.

(c) Recommendations of the advisory committees shall be approved by the Executive Advisory Committee and routed through the Executive Director to the Commission.

[(a) The Industry Advisory Committee shall be limited to 50 members and shall be appointed by the chairman of the Commission with approval of the Commission. Appointment to the Industry Advisory Committee shall be for a period of two years coinciding with the biennium.]

[(b) The Committee shall have two divisions--the Food Protein Committee and the Natural Fibers Committee.]

[(1) The Food Protein Committee shall be limited to 25 members. Members shall elect a chairman annually for each fiscal year.]

[(2) The Natural Fibers Committee shall be limited to 25 members. Members shall elect a chairman annually for each fiscal year.]

[(c) All recommendations of the Committee shall be approved by majority vote of Committee members present. Recommendations of the Committee shall be approved by the Executive Committee and routed through the Executive Director to the Commission.]

(d) Vacancies occurring in the Food Protein and Natural Fibers Advisory Committees [ Industry Advisory Committee ] shall be filled by the chairman of the Commission, with approval by the Commission. Recommendations for the filling of vacancies of the advisory committees [ Industry Advisory Committee ] may be made by the Executive Advisory Committee by submitting candidates to the Executive Director.

(e) (No change.)

§202.2.[ Industry ] Advisory Committee Meetings.

(a) Each [ The ] Committee shall meet at least once each year at a time specified by the respective Committee chairman to review current [ the ] research, make annual recommendations to the Commission for implementation of programs and further research, and to discuss the research needs of industry.

(b) All meetings of the advisory committees [ Industry Advisory Committee ] shall be called by the Executive Director after consultation with the respective Committee chairman.

(c) Minutes of all committee [ Committee ] meetings shall be taken and recorded. A copy of the minutes shall be submitted to each of the Commissioners and the committee [ Committee ] members.

(d) Each participating university shall be given advance notice of all meetings of the advisory committees [ Industry Committee ] and Executive Advisory Committee and may have representatives present at all of those meetings.

§202.3.Executive Advisory Committee.

(a) The chairman of the Commission, with the approval of [ if ] the Commission, shall appoint five persons to an Executive Advisory Committee. One person shall be representative of the wool industry, one from the mohair industry, two from the cotton industry, and one from the food protein industry. In addition to the appointed members, the Executive Advisory Committee shall consist of the chairman of the Natural Fibers Committee, the chairman of the Food Protein Committee, a representative of the Texas Department of Economic Development, and a representative of the Texas Department of Agriculture.

(b) - (e) (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 May 28, 2003.

TRD-200303286

Robert V. Avant, Jr., P.E.

Executive Director

Texas Food and Fibers Commission

Earliest possible date of adoption: July 13, 2003

For further information, please call: (512) 936-2450


Chapter 203. PRIMARY RESEARCH AREAS

4 TAC §203.1

The Texas Food and Fibers Commission (Commission) proposes to amend §203.1, concerning primary research areas.

Robert V. Avant, Jr., P.E., Executive Director, has determined that for the first five year period the proposed amended section is in effect, there will be no fiscal implications for state or local governments as a result of enforcing or administering the proposed amended section.

Mr. Avant, has also determined that for each of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the proposed amendments will be that the public is assured the Commission's rules are current and accurate. Mr. Avant, has determined that there will be no anticipated economic cost to the public, small businesses, or to the persons who are required to comply with the section as proposed.

Comments on the proposed amendments may be submitted to Elizabeth Longoria, Texas Food and Fibers Commission, via mail to P.O. Box 12046, Austin, Texas 78711, or electronically to elizabeth.ruiz@mail.capnet.state.tx.us no later than 5:00 p.m. CST within 30 days after publication.

The amendments are proposed under §42.003(e) of the Texas Agriculture Code, which authorizes the Commission to adopt rules for conducting business.

There are no other statues, articles, or codes that will be affected by this proposal.

§203.1.Primary Research Areas.

(a) - (b) (No change.)

(c) The primary designated research area of each participating university is as follows.

(1) Texas A&M University --cotton research, sheep and goat research, and food protein research. [ : ]

[(A) Texas Engineering Experiment Station--oilseed processing, food, feed, and industrial protein products, and fats and oils;]

[(B) Texas Agricultural Experiment Station--cotton breeding, cotton production practices, and cotton economics; and]

[(C) Texas Agricultural Experiment Station--wool and mohair production and quality and sheep and goat meat production and quality.]

(2) The University of Texas at Austin-- food and fibers information resources [ and educational materials ].

(3) Texas Tech University, International Textile Center--textile research [ processes research, product development, and fiber testing ].

(4) Texas Woman's University --nutrition utilization and natural fibers utilization research. [ : ]

[(A) Department of Nutrition and Food Sciences--sensory/fry lab for oils, oil nutrition studies, oil health studies, and flavor studies for sheep and goat meat;]

[(B) Department of Fashion and Textiles--dry cleaning research laboratory, fabric acceptability, washability, flammability studies, and wear-life studies, and fashion design; and]

[(C) Collegiate design competition.]

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 May 28, 2003.

TRD-200303287

Robert V. Avant, Jr., P.E.

Executive Director

Texas Food and Fibers Commission

Earliest possible date of adoption: July 13, 2003

For further information, please call: (512) 936-2450


Chapter 204. PRE-PROPOSAL SUBMISSION

4 TAC §§204.1 - 204.3, 204.5

The Texas Food and Fibers Commission (Commission) proposes to amend §§204.1 - 204.3 and §204.5, concerning pre-proposal submission.

Robert V. Avant, Jr., P.E., Executive Director, has determined that for the first five year period the proposed amended sections are in effect, there will be no fiscal implications for state or local governments as a result of enforcing or administering the proposed amended sections.

Mr. Avant, has also determined that for each of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the proposed amendments will be that the public is assured the Commission's rules are current and accurate. Mr. Avant, has determined that there will be no anticipated economic cost to the public, small businesses, or to the persons who are required to comply with the sections as proposed.

Comments on the proposed amendments may be submitted to Elizabeth Longoria, Texas Food and Fibers Commission, via mail to P.O. Box 12046, Austin, Texas 78711, or electronically to elizabeth.ruiz@mail.capnet.state.tx.us no later than 5:00 p.m. CST within 30 days after publication.

The amendments are proposed under §42.003(e) of the Texas Agriculture Code, which authorizes the Commission to adopt rules for conducting business.

There are no other statues, articles, or codes that will be affected by this proposal.

§204.1.Pre-Proposal Submission.

(a) (No change.)

(b) Information shall be submitted in the format prescribed by the Commission. [ provided shall include: ]

[(1) Title;]

[(2) Investigators (List principal investigators.);]

[(3) Scope (Describe project scope.);]

[(4) Objectives (List major anticipated project objectives.);]

[(5) Continuation status (If a continuation project, identify the previous project.);]

[(6) Duration (Give the anticipated life of the project before completion/termination.);]

[(7) Budget (Itemize Commission and matching funds. Categorize funds by costs of personnel, materials, and capital equipment. Estimate the amount and source of matching funds to the extent possible.);]

[(8) Capital equipment needs (List capital equipment needs.); and]

[(9) Number of reports (Estimate of number of reports to be prepared.)]

(c) - (e) (No change.)

(f) Pre-proposals will be submitted to the Food Protein and Natural Fibers Advisory Committees [ Committee ] for review.

(g) Information from the pre-proposals will be processed and used as a basis for planning the next biennium's research programs [ preparing the Commission's updated strategic plan and legislative appropriations request ].

§204.2.Proposal Submission.

[ (a) ] No later than March 1 of each odd-numbered fiscal year, the Executive Director shall request final proposals. The participating universities may prepare and submit to the Executive Director proposals in the [ following ] format prescribed by the Commission no later than May 1 of each odd-numbered fiscal year. Proposals shall not exceed three pages.

[(b) Information provided shall include:]

[(1) Title (Project title);]

[(2) Investigators (List names and titles of investigators.);]

[(3) University/department (Provide university name and department.);]

[(4) Scope (Describe project scope.);]

[(5) Objectives (List and discuss anticipated project objectives.);]

[(6) Justification (Provide a brief discussion of the need for the research.);]

[(7) Results (Discuss anticipated project results including when results might be achieved.);]

[(8) Core project/continuation status (If a continuation project, identify the previous project.);]

[(9) Duration (Give the anticipated life of the project before completion/termination.);]

[(10) Budget (Itemize budget for Commission funds and matching funds including a breakdown of costs for personnel, materials, and capital equipment. The source of matching funds shall be identified to the extent possible.); and]

[(11) Reports (List anticipated reports.).]

§204.3.Proposal Review and Selection.

(a) - (d) (No change.)

(e) Binders shall be submitted to the Committee no less than 14 days prior to the annual Food Protein and Natural Fibers Advisory Committee meetings [ meeting ] of each odd-numbered year.

(f) The Food Protein and Natural Fibers Advisory Committees [ Each division of the Committee (The Food Protein and Natural Fibers) ] will review and rank proposals that respond to their respective research area and submit their recommendations to the Executive Advisory Committee.

(g) - (h) (No change.)

§204.5.Research Project Conditions.

(a) - (g) (No change.)

(h) Each university shall provide reports to the Commission as follows:

(1) (No change.)

(2) Annual reports (10) [ (25) ] for each research program due no later than November 1 of each year that provides a:

(A) (No change.)

(B) Technical report for each research project in a format of the researcher's professional organization;

(C) - (E) (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 May 28, 2003.

TRD-200303288

Robert V. Avant, Jr., P.E.

Executive Director

Texas Food and Fibers Commission

Earliest possible date of adoption: July 13, 2003

For further information, please call: (512) 936-2450


Chapter 205. HISTORICALLY UNDERUTILIZED BUSINESSES PROGRAM

4 TAC §205.1

The Texas Food and Fibers Commission (Commission) hereby proposes new §205.1, concerning Historically Underutilized Businesses. The new rule will incorporate by reference the rules adopted by the Texas Building and Procurement Commission (TBPC) for Historically Underutilized Businesses. The new rule conforms to Texas Government Code, §2161.003 that directed state agencies and higher education agencies to adopt the TBPC rules regarding Historically Underutilized Businesses as the agencies own rules. The TBPC rules appear in 1 TAC §§111.11 - 111.27. The Commission's proposed rule adopts by reference TBPC's rules.

Robert V. Avant, Jr., P.E., Executive Director, has determined that for the first five-year period that the proposed section is in effect there will be no fiscal implications for state or local government as a result of administering the rule. There will be no measurable effect on local employment or local economy as a result of the proposal.

Mr. Avant has also determined that for each year of the first five years the proposed section is in effect, the public benefit anticipated as a result of the proposed section will be a more uniform and consistent approach for the procurement of goods and services from HUB vendors. There will be no effect on small businesses as a result of enforcing this section. There is no new anticipated economic cost to entities who are required to comply with the section as proposed.

Comments on the proposed new rule may be submitted to Elizabeth Longoria, Texas Food and Fibers Commission, via mail to P.O. Box 12046, Austin, Texas 78711, or electronically to elizabeth.ruiz@mail.capnet.state.tx.us no later than 5:00 p.m. CST within 30 days after publication.

The new rule is proposed under §2161.003 of the Government Code, which requires that the Commission adopt the TBPC rules for Historically Underutilized Businesses.

The following articles are affected by this proposal: Government Code, §2161.003 Historically Underutilized Businesses. The Commission adopts by reference the rules promulgated by the TBPC regarding Historically Underutilized Businesses, which are set forth in 1 TAC §§111.11 - 111.27.

§205.1.Historically Underutilized Business Program.

In accordance with the Government Code, §216.003, the Commission adopts by reference the rules of the Texas Building and Procurement Commission (TBPC) contained at Title 1 Texas Administrative Code §§111.11 - 111.27 concerning Historically Underutilized Business (HUB) Program.

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 May 28, 2003.

TRD-200303290

Robert V. Avant, Jr., P.E.

Executive Director

Texas Food and Fibers Commission

Earliest possible date of adoption: July 13, 2003

For further information, please call: (512) 936-2450