Part 1.
TEXAS DEPARTMENT OF AGRICULTURE
Chapter 5.
FUEL QUALITY
4 TAC §5.6
The Texas Department of Agriculture (the department) proposes
amendments to Chapter 5, Fuel Quality, §5.6, concerning motor fuel testing
fees. The amendments to §5.6 are proposed to increase the fees collected
for the purpose of enforcing and administering the department's motor fuel
testing program. The amendments are further proposed to ensure that costs
associated with the administration of the department's fuel quality program
are recovered, as directed by the Texas Legislature, 78th Session, 2003.
David Kostroun, Assistant Commissioner for Regulatory Programs, has determined
that for the first five years the amended section is in effect, there will
be fiscal implications for state government as a result of enforcing or administering
the amended section. There will be an approximate increase in state revenue
of $98,653 per year, beginning in fiscal year 2004, due to the increase in
motor fuel testing fees. There will be no anticipated cost to local government
as a result of enforcing or administering the amended section.
Mr. Kostroun has also determined that for each year of the first five years
the amended section is in effect, the public benefit anticipated as a result
of enforcing or administering the amended section will be that costs of implementing
the motor fuel testing program will be recovered. The anticipated economic
cost to those individuals, micro businesses and small businesses affected
by the proposed amended section will be an increase of $0.40 for each liquid
measuring device designed to dispense one gasoline product per nozzle and
an increase of $1.25 for each liquid measuring device designed to dispense
multiple gasoline products per nozzle.
Comments on the proposal may be submitted to Stephen Pahl, Coordinator
for Weights and Measures, Texas Department of Agriculture, P.O. Box 12847,
Austin, Texas 78711, and must be received no later than 30 days from the date
of publication of the proposal in the
Texas Register
.
The amendments to §5.6 are proposed under Article 8614,
Vernon's Texas Civil Statutes, §9, which provides the department with
authority to adopt rules necessary for the regulation of the sale of motor
fuels and to impose a fee for testing, inspection or performance of other
services necessary for administration of Article 8614.
The code that will be affected by the proposal is Article 8614, Vernon's
Texas Civil Statutes.
§5.6.Fees.
(a)
(No change.)
(b)
Motor fuel fee amount.
(1)
The fee is
$2.50
[
(2)
The fee is
$7.50
[
(c) - (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 June 11, 2003.
TRD-200303532
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 463-4075
4 TAC §6.4
The Texas Department of Agriculture (the department) proposes
an amendment to §6.4, concerning the seed arbitration filing fee under
the Texas Arbitration Law. The amendment to §6.4 is proposed to increase
the seed arbitration filing fee by 20%. The fee increased by this proposal
has not been increased by the department since 1997. The proposed fee increase
will allow the department to recover some of its costs associated with arbitration,
as directed by the Texas Legislature, 78th Session, 2003. The proposed amendment
increases the seed arbitration filing fee from $250 to $300.
David Kostroun, assistant commissioner for regulatory programs, has determined
that for the first five-year period the amended section is in effect, there
will be fiscal implications for state government as a result of enforcing
or administering the amended section. There will be an approximate $500.00
increase in state revenue per year due to the increase in the filing fee.
There is no anticipated affect on local government as a result of enforcing
of administering the amended section.
Mr. Kostroun also has determined that for each year of the first five
years the amended section is in effect the public benefit anticipated as a
result of enforcing the amended section will be that additional costs of implementing
seed arbitration will be recovered. For the first five-year period the amended
section is in effect, the anticipated economic cost to individuals, microbusinesses
or small businesses who are required to comply with the amended section will
be a cost of increase of from $250 to $300 for the filing of a seed arbitration
complaint.
Comments on the proposal may be submitted to Kelly Book, Seed Quality Branch
Chief, Texas Department of Agriculture, P. O. Box 12847, Austin, Texas 78711.
Comments must be received no later than 30 days from the date of the publication
of the proposal in the
Texas Register
.
The amendment is proposed under the Texas Agriculture Code, §64.006,
which provides the Texas Department of Agriculture with the authority to set
and collect a filing fee for the filing of a seed arbitration complaint.
The Texas Agriculture Code, Chapter 64, is affected by the proposal.
§6.4.Cost of Arbitration.
(a)
Arbitration filing fee. A nonrefundable filing fee of
$300
[
(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 June 12, 2003.
TRD-200303545
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 463-4075
The Texas Department of Agriculture (the department) proposes amendments
to §§9.2-9.3 and §§9.4-9.5, concerning seed quality licensing
fees, testing fees and tolerances for prohibited noxious weeds under the Texas
Seed Law. The amendments to are proposed to increase seed quality licensing
fees and testing fees by a minimum of 20%. The fees increased by this proposal
have not been increased by the department since 1986. The proposed increase
in fees will allow the department to recover some of its costs associated
with seed testing, as directed by the Texas Legislature, 78th Session, 2003.
The proposed amendments to §9.2 increase the cost of Texas Tested Seed
Labels from $.03 to $.07 per 100 pounds of seed or fraction thereof and increases
the inspection fee for same from $.06 to $.07. The proposed amendment to §9.3
increases the fee for a vegetable seed license from $100 to $120. The proposed
amendments to §9.4 disallow a tolerance in enforcement of the prohibited
noxious weeds; castor, field bindweed, hedge bindweed and tropical soda apple.
The amendment will allow for increased enforcement thereby promoting higher
quality seed for consumers. The amendments to §9.5 increase service testing
fees, and clarify that testing fees are charged on a per sample component
basis.
David Kostroun, assistant commissioner for regulatory programs, has determined
that for the first five-year period the amended sections are in effect, there
will be fiscal implications for state government as a result of enforcing
or administering the amended sections. There will be an approximate $110,719
increase in revenue per year beginning in fiscal year 2004, due to the increase
in the licensing fees and testing fees. There will be no fiscal implications
to local government as a result of enforcing or administering the amended
sections.
Mr. Kostroun also has determined that for each year of the first five
years the rules are in effect the public benefit anticipated as a result of
enforcing the amended section will be that additional costs for implementing
the seed quality programs will be recovered. For the first five-year period
the rules are in effect, the anticipated economic cost to individuals, microbusinesses
or small businesses who are required to comply with the rules as proposed
will be a cost of increase of approximately 20 percent per year for related
seed law services.
Comments on the proposal may be submitted to Kelly Book, Seed Quality Branch
Chief, Texas Department of Agriculture, P. O. Box 12847, Austin, Texas 78711.
Comments must be received no later than 30 days from the date of the publication
of the proposal in the
Texas Register
.
Subchapter B. CLASSIFICATION OF LICENSES
4 TAC §9.2, §9.3
The amendments to §§9.2 and 9.3 are proposed under
the Texas Agriculture Code (the Code), §61.002, which provides the Texas
Department of Agriculture with the authority to adopt rules as necessary for
the efficient enforcement of the Code, Chapter 61;; the Code §61.011,
which provides the department with the authority to set and collect a fee
for purchase of Texas Tested Seed Labels, and for an inspection of seed; and §61.013,
which provides the department with the authority to set and collect a fee
for issuance of a vegetable seed license.
The Texas Agriculture Code, Chapter 61, is affected by the proposal.
§9.2.Agricultural Seed.
(a)
(No change.)
(b)
Texas Tested Seed Label. When an inspection fee is paid
by means of a Texas Tested Seed Label, the person who distributes, sells,
offers for sale, or exposes for sale agricultural seed shall:
(1)
purchase the Texas Tested Seed Labels from the department
at a cost of
$.07
[
(2)
(No change.)
(c)
Reporting system. When an inspection fee is paid by means
of the reporting system, the following shall apply.
(1)-(2)
(No change.)
(3)
The permittee shall pay an inspection fee of
$.07
[
(4)-(7)
(No change.)
(8)
The penalty for a late filing of quarterly reports shall
be
$30
[
§ 9.3.Vegetable Seed.
(a)
(No change.)
(b)
A person desiring a Vegetable Seed License shall submit
to the department an "Application for Vegetable Seed License" form prescribed
by the department accompanied by a license fee in the amount of
$120
[
(c)-(f)
(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 June 13, 2003.
TRD-200303574
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 463-4075
4 TAC §9.4, §9.5
The amendments to §§9.4 and 9.5 are proposed under
the Texas Agriculture Code (the Code), §61.002, which provides the Texas
Department of Agriculture with the authority to adopt rules as necessary for
the efficient enforcement of the Code, Chapter 61; the Code §61.011,
which provides the department with the authority to set and collect a fee
for purity and germination testing.
The Texas Agriculture Code, Chapter 61, is affected by the proposal.
§9.4.Procedures and Tolerances.
The Texas Department of Agriculture hereby adopts by reference Rules
for Testing Seeds of the Association of Official Seed Analysts, as to procedures,
methods, and tolerances for seed testing, except that in enforcement, no tolerance
will be allowed for balloonvine,
castor, field bindweed, hedge bindweed,
itchgrass, serrated tussock, or tropical soda apple
[
§9.5.Service Testing Fees.
(a)
The following schedule of tests and charges therefore shall
be applicable to all service testing of agricultural seed, vegetable seed,
and flower seed conducted by the department:
(1)
standard germination test only:
$9.00 each component
[
(2)
standard purity test only:
$9.00 each component
[
(3)
standard germination and/or purity test only containing
inert matter in excess of 5 percent: $12, $9.00 for each additional component
[
(4)
complete test (purity and germination):
$18, $9.00
for each additional component
[
(5)
complete test
(purity and germination)
[
(6)
standard germination test on grasses
and/or flowers:
$15 each component
[
(7)
standard purity test on grasses
and/or flowers: $15
each component
[
(8)
complete test on grasses
and/or flowers: $30, $15
for each additional component
[
(9)
Texas
noxious weed examination only:
$5.00, $4.00 for each additional state or foreign country, all state noxious
weed exams: $20 each
[
(10)
vigor test:
$12 each component
[
(11)
tetrazolium or phenol test:
$15, each component
[
(12)
examination- 10-pound rice seed sample for presence of
red rice:
$15
[
(13)
moisture test:
$7.50
[
(14)
fescue endophyte test:
$30
[
(15)
sorghum ergot examination: $5.00
[
(16)
seed count: $7.50
[
[
(b) - (c)
(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 June 13, 2003.
TRD-200303575
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 463-4075
The Texas Department of Agriculture (the department) and the State
Seed and Plant Board (the Board) propose amendments to §10.2, §10.3, §10.5, §10.8, §10.10, §10.11, §10.13, §10.21
and §10.22, concerning seed certification. The amendments are proposed
to increase fees for certification, to modify existing language in §10.8
to conform to statutory language, and to include in §10.13 the category
of "other kinds not listed" and the previously excluded kind "cantaloupe"
which was inadvertently left out of the 2001 amendments. The department is
the certifying agency in the administration of the Seed and Plant Certification
Act, and is charged with administering and enforcing the standards adopted
by the Board. The fees increased by this proposal have not been increased
by the department since 1987. The increase in fees will allow the department
to recover costs associated with enforcing the standards adopted by the Board,
as directed by the Texas Legislature, 78th Session, 2003. The proposed amendment
to §10.2 increases the fee for interagency certification from $75 to
$100 per lot. The proposed amendment to §10.3 increases the license fee
for Registered Plant Breeders from $100 to $120. In addition to the proposed
changes to §10.5 noted previously, the proposed amendments to §10.5
change both the amount paid as a late fee for an application for field inspection
and the fee for reinspection from $20 to $25. The proposed amendments to §10.8
change the terminology and inspection requirements for seed processing to
conform with current state and federal law. The proposed amendment to §10.10
changes the cost of certification labels from $.08 to $.10 each. The proposed
amendment to §10.11 changes the bulk sales certificate fee from $.08
to $.10 per one hundred pounds or fraction thereof, the agricultural seed
inspection fee from $.06 to $.07 per one hundred pounds or fraction thereof,
and the reporting system fee from $.03 to $.07 per hundred pounds or fraction
thereof. The proposed amendment to §10.13 increases the inspection fees
for certification by 20%. The proposed amendments to §§10.21 and
10.22 increase the fee for sample testing for reconsideration from $50 to
$60.
David Kostroun, assistant commissioner for regulatory programs, has determined
that for the first five-year period the amended sections are in effect, there
will be fiscal implications for state government as a result of enforcing
or administering the amended sections. There will be an approximate $145,376.00
increase in state revenue per year due to the increase in the certification
fees. There is no anticipated fiscal implication for local government as a
result of enforcing or administering the amended sections.
Mr. Kostroun also has determined that for each year of the first five years
the amended sections are in effect the public benefit anticipated as a result
of enforcing the rules will be a plentiful supply of genetically certified
planting seed and the recovery of some costs related to administering the
seed certification program. For the first five-year period the rules are in
effect, the anticipated economic cost of to individuals, microbusinesses,
and small businesses who are required to comply with the rules as proposed
will be a cost of increase of approximately 20% per year for certification
related services.
Comments on the proposal may be submitted to Kelly Book, Seed Quality Branch
Chief, Texas Department of Agriculture, P. O. Box 12847, Austin, Texas 78711.
Comments must be received no later than 30 days from the date of publication
of the proposal in the
Texas Register.
Subchapter A. GENERAL REQUIREMENTS
4 TAC §§10.2, 10.3, 10.5, 10.8, 10.10, 10.11
The amendments to §10.2, §10.3, §10.5, §10.8, §10.10,
and §10.11 are proposed under the Texas Agriculture Code (the Code), §61.011,
which provides the department wit the authority to set and collect a fee for
an agricultural seed inspection; the Code, §62.002, which provides the
Board with the authority to establish standards of genetic purity and identity
as necessary for the efficient enforcement of agricultural interest; the Code, §62.006,
which authorizes the Board to set and charge a fee for registration of plant
breeders; and the Code §62.008, which provides the department with the
authority to charge fees for issuance of a certification label, in an amount
necessary to cover costs of inspection and labels.
The Texas Agriculture Code, Chapters 61 and 62, are affected by the proposal.
§10.2.Eligibility of Varieties.
(a)
Interagency certification as allowed by the Federal Seed
Act.
(1)
(No change.)
(2)
A
$100
[
(3)-(4)
(No change.)
(b)-(c)
(No change.)
§10.3.Approval of Applicant under Certification.
(a)
An applicant for licensing as a "Registered Plant Breeder"
or a "Certified Seed Grower" as provided in the Act, shall be a person, firm,
or corporation of good character and have a reputation for honesty, competency
and fair dealing. All applicants for a Registered Plant Breeder license shall
pay a fee of
$120
[
(b)-(c)
(No change.)
§10.5.Application for Field Inspection.
(a)
(No change.)
(b)
A late fee of
$25
[
(c)-(d)
(No change.)
(e)
The applicant may request reinspection of a rejected field
provided the cause for rejection can be corrected and provided he/she again
submits an inspection fee for the acreage involved. In no case will the reinspection
fee be less than
$25
[
§10.8.Harvesting, Processing, and Storing.
(a)
Care must be exercised in harvesting to avoid admixing
of the variety in harvesting equipment and in the transporting vehicle. The
applicant must see that this equipment is thoroughly cleaned in order to safeguard
the purity of the seed. Identity of the seed must be maintained at all times.
Certified seed must be conditioned
at a processing facility
[
(b)
A seed processing facility owned by a person who owns
or produces a certified seed variety is subject to inspection by the department
during normal business hours. Inspection of the facility includes access to
any records or physical areas necessary to show compliance with seed processing
requirements. Failure to permit inspection of the facility shall be grounds
for denial of certification for any seed lots for which certification labels
are requested and for which the department has determined an inspection is
required to ensure compliance with certification standards. If a person who
owns or produces a certified seed variety uses a seed processing facility
not owned by the person, the person shall, prior to receiving certification
labels, file with the department a copy of a processing contract between the
person and the owner of the seed processing facility that contains provisions
which impose a duty on the owner of the seed processing facility to comply
with state and federal certification standards, including these rules, when
processing the person's seed and which impose a duty on the owner of said
facility to permit the same department inspection activities that are required
for processing facilities owned by an owner or producer of a certified seed
variety. The contract must be signed and dated by both the owner or producer
of the certified seed variety and the owner, or owner's authorized agent,
of the seed processing facility. Exemplars of acceptable contract provisions
may be obtained from the department upon request. The owner or producer of
a certified seed variety is responsible for ensuring that seed processing
requirements are met and access to processing facilities for inspection granted
to department personnel. Should a third party processor fail to meet the requirements
or refuse inspection, the owner or producer of the certified seed variety
shall be denied certification for any seed lots for which certification labels
are requested and for which the department has determined an inspection is
required to ensure compliance with certification standards
. [
(c)
Facilities shall be capable of performing seed
processing
[
(d)
When different classes of certified seed, or when certified
seed and noncertified seed of the same variety or when two or more varieties
of the same kind are handled, adequate precautions shall be taken so as to
prevent contamination and to maintain the identity of each seed lot. All equipment
used in seed
processing
[
(e)
Records of all operations relating to certification shall
be complete and adequate to account for all incoming seed and final disposition
of seed. [
(f)
Prior to reprocessing seed bearing the certification
labels, an approved inspector must supervise the removal of said labels which
are to be surrendered to the inspector
. [
(g)
Seed lots of the same variety and class may be blended
and the class retained. If lots of different classes are blended, the lowest
class shall be applied to the resultant blend. Such blending can only be done
when authorized by the Seed Quality Program. The blend is a new lot which
shall be sampled and tested in compliance with the commodity standards
[
[
§10.10.Labels.
(a)-(h)
(No change.)
(i)
The cost of certification labels shall be
$.10
[
(1)
foundation, registered, and certified labels;
(2)
Organization for Economic Cooperation and Development (OECD)
certified labels;
(3)
Pressure sensitive labels;
(4)
gum labels.
§10.11.Bulk Sales.
(a)
(No change.)
(b)
Bulk sales are authorized as follows.
(1)
(No change.)
(2)
It is the seller's responsibility to:
(A)-(G)
(No change.)
(H)
pay the necessary Bulk Sales Certificate fee (
$.10
[
(3)-(5)
(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 June 13, 2003.
TRD-200303597
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 463-4075
4 TAC §10.13
The amendments to §10.13 are proposed under the Texas
Agriculture Code (the Code), §61.011, which provides the department wit
the authority to set and collect a fee for an agricultural seed inspection;
the Code, §62.002, which provides the Board with the authority to establish
standards of genetic purity and identity as necessary for the efficient enforcement
of agricultural interest; and the Code, §62.008, which provides the department
with the authority to charge fees for issuance of a certification label, in
an amount necessary to cover costs of inspection and labels.
The Texas Agriculture Code, Chapters 61 and 62, are affected by the proposal.
§10.13.Inspection Fees for Certification.
The following chart designates fees per acre for various crop kinds
as required for seed certification.
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 June 13, 2003.
TRD-200303599
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 463-4075
4 TAC §10.21, §10.22
The amendments to §§10.21 and 10.22 are proposed
under the Texas Agriculture Code (the Code), §61.011, which provides
the department wit the authority to set and collect a fee for an agricultural
seed inspection; the Code, §62.002, which provides the Board with the
authority to establish standards of genetic purity and identity as necessary
for the efficient enforcement of agricultural interest; and the Code, §62.008,
which provides the department with the authority to charge fees for issuance
of a certification label, in an amount necessary to cover costs of inspection
and labels.
The Texas Agriculture Code, Chapters 61 and 62, are affected by the proposal.
§10.21.Requirements and Standards for Hybrid Sorghum Varietal Purity Grow-outs.
(a)
Test planting requirements.
(1)-(2)
(No change.)
(3)
A fee of
$60
[
(4)
(No change.)
(b)
(No change.)
§10.22.Requirements and Standards for Sunflower Varietal Purity Grow-outs.
(a)-(b)
(No change.)
(c)
A fee of
$60
[
(d)-(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 June 13, 2003.
TRD-200303598
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 463-4075
Subchapter B. DEVICES
4 TAC §12.12
The Texas Department of Agriculture (the department) proposes
amendments to Chapter 12, Weights and Measures, Subchapter B, Devices, §12.12,
concerning fees charged to businesses who operate weights and measures devices.
The amendments to §12.12 are proposed to increase the fees charged to
register weights and measures devices with the department. The amendments
are further proposed to ensure that costs associated with the administration
of the department's weights and measures regulatory activities are recovered
as required by the Texas Agriculture Code, §12.0144, and directed by
the Texas Legislature, 78th Session, 2003.
David Kostroun, Assistant Commissioner for Regulatory Programs, has determined
that for the first five years the amended section is in effect, there will
be fiscal implications for state government due to the increase in device
registration fees. There will be an approximate increase in state revenue
of $625,566 per year, beginning in fiscal year 2004, as a result of enforcing
or administering the amended section. There will be no anticipated cost to
local government as a result of enforcing or administering the amended section.
Mr. Kostroun has also determined that for each year of the first five years
the amended section is in effect, the public benefit anticipated as a result
of enforcing or administering the amended section will be that costs of implementing
the weights and measures program will be recovered. The anticipated economic
cost to those individuals, micro businesses and small businesses affected
by the proposed amended section will be a 20% increase to the fee for each
weights and measures device registered with the department.
Comments on the proposal may be submitted to Stephen Pahl, Coordinator
for Weights and Measures, Texas Department of Agriculture, P.O. Box 12847,
Austin, Texas 78711, and must be received no later than 30 days from the date
of publication of the proposal in the
Texas Register
.
The amendments to §12.12 are proposed under the Texas Agriculture
Code (the Code), §13.002, which provides the department with authority
to adopt rules necessary for the enforcement and administration of the department's
Weights and Measures Program; and the Code, §13.1151, which provides
the department with the authority to set by rule and charge a fee for the
registration of a pump, scale, bulk or liquefied petroleum gas metering device
required under §13.1011 of the Code.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapter 13.
§12.12.Fees.
Except as provided by Chapter 2, Subchapter B of this title (relating
to Consolidated Licenses), fees for weights and measures device registrations
are as follows:
(1)
Liquid measuring device (or pump), maximum flow rate 20
gallons per minute or less, dispensing one product per nozzle:
$8.50
[
(2)
Liquid measuring device (or pump), maximum flow rate 20
gallons per minute or less, dispensing multiple products per nozzle:
$25
[
(3)
Liquid measuring device (or bulk meter), maximum flow rate
greater than 20 gallons per minute:
$30
[
(4)
LPG meter:
$30
[
(5)
Scale (capacity less than 5,000 pounds):
$15
[
(6)
Ranch Scales:
$15
[
(7)
Truck Scales and other large scales (capacity 5,000 pounds
or greater):
$120
[
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 June 11, 2003.
TRD-200303533
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 463-4075
4 TAC §12.30
The Texas Department of Agriculture (the department) proposes
amendments to Chapter 12, Weights and Measures, Subchapter D, Metrology, §12.30,
concerning fees charged for metrology services. The amendments are proposed
to increase fees charged for metrology services. The amendments are further
proposed to recover costs of administration of the departments metrology program,
in accordance with Texas Agriculture Code, §12.0144, and the directive
of the Texas Legislature, 78th Session, 2003.
David Kostroun, Assistant Commissioner for Regulatory Programs, has determined
that for the first five years the amended section is in effect, there will
be fiscal implications for state government as a result of enforcing or administering
the amended section. There will be an approximate increase in state revenue
of $176,935.00 per year due to the increase in fees for tolerance testing.
There will be no anticipated cost to local government as a result of enforcing
or administering the amended section.
Mr. Kostroun has also determined that for the first five years the amended
section is in effect, the public benefit anticipated as a result of enforcing
or administering the amended section will be that costs of implementing the
metrology program will be recovered. The anticipated cost to individuals,
micro businesses and small businesses that will be required to comply with
the amended section is an increase in precision testing fees as follows; from
$25 per weight to $40 per weight for weights up to and including 3 kilograms,
from $50 per weight to $80 per weight for weights more than 3 kilograms, up
to and including 30 kilograms, from $70 per weight to $100 per weight for
weights more than 30 kilograms. The anticipated cost to individuals, micro
businesses and small businesses that will be required to comply with the amended
section is an increase in tolerance testing fees as follows; from $5 per weight
to $10 per weight for weights less than 10 pounds, from $10 per weight to
$20 per weight for weights 10 pounds or more but less than 500 pounds, from
$20 per weight to $40 per weight for weights 500 pounds or more but less than
2,500 pounds, from $40 per weight to $80 per weight for weights 2,500 pounds
or more. The anticipated cost to individuals, micro businesses and small businesses
that will be required to comply with the amended section is an increase in
volume measure testing fees as follows; from $20 per measure to $40 per measure
for liquid measures 5 gallons or less, from $20 plus $0.50 for each gallon
over 5 gallons to $40 plus $0.50 for each gallon over 5 gallons for liquid
measures more than 5 gallons, from $25 to $100 for liquefied petroleum gas
(LPG) provers 25 gallons or less, from $100 to $250 for liquefied petroleum
gas (LPG) provers over 25 gallons. The anticipated cost to individuals, micro
businesses and small businesses that will be required to comply with the amended
section is an increase in tapes, rules, glassware or other standards per increment
testing fees as follows; from $25 per increment to $50 per increment.
Comments on the proposal may be submitted to Patrick Forester, Coordinator
for Metrology, P.O. Box 1518, Giddings, Texas 78942 and must be received no
later than 30 days from the date of publication of the proposal in the
The amendments to §12.30 are proposed 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 the Code, §13.115(c) and (d), which
provide 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.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapter 13, Subchapter D.
§12.30.Metrology Services.
(a)
(No change.)
(b)
Metrology services are available based on the following
fee schedule:
(1)
Weights.
(A)
Precision Test. NIST Class "A, B, S, S-1, M[
(B)
Tolerance Test. NIST Class "P, Q, T, C, F"; ASTM Class
"4, 5, 6, 7"; OIML Class "M1, M2, M3"; and other weights: Less than 10 pounds:
$10
[
(2)
Volume Measures: 5 gallons or less:
$40
[
(3)
Tapes, rules, glassware, or other standards per increment
tested:
$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 June 11, 2003.
TRD-200303534
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 463-4075
4 TAC §12.43
The Texas Department of Agriculture (the department) proposes
amendments to Chapter 12, Weights and Measures, Subchapter E, Licensed Service
Companies, §12.43, concerning fees charged to businesses who employ registered
technicians to place weights and measures devices into service or remove out-of-order
tags. The amendments to §12.43 are proposed to increase the fees charged
to license a weights and measures service company with the department. The
amendments are further proposed to ensure that costs associated with the administration
of the department's weights and measures regulatory activities are recovered
as required by the Texas Agriculture Code, §12.0144 and directed by the
Texas Legislature, 78th Session, 2003.
David Kostroun, Assistant Commissioner for Regulatory Programs, has determined
that for the first five years the amended section is in effect, there will
be fiscal implications for state government as a result of enforcing or administering
the amended section. There will be an approximate increase in state revenue
of $4,725 per year beginning in fiscal year 2004 due to the increase in licensed
service company registration fees. There will be no anticipated cost to local
government as a result of enforcing or administering the amended section.
Mr. Kostroun has also determined that for each year of the first five years
the amended section is in effect, the public benefit anticipated as a result
of enforcing or administering the amended section will be that costs of implementing
the weights and measures program are recovered. The anticipated economic cost
to those individuals, micro businesses and small businesses employing registered
technicians required to comply with the amended section is a $15.00 increase
to each class of license.
Comments on the proposal may be submitted to Stephen Pahl, Coordinator
for Weights and Measures, Texas Department of Agriculture, P.O. Box 12847,
Austin, Texas 78711, and must be received no later than 30 days from the date
of publication of the proposal in the
Texas Register
.
The amendments to §12.43 are proposed under the Texas Agriculture
Code (the Code), §13.002, which provides the department with the authority
to adopt rules as necessary for the enforcement and administration of the
department's Weights and Measures Program; and the Code, §13.1012, which
authorizes the department to set by rule and collect a registration fee for
persons servicing weighing and measuring devices.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapter 13.
§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
$90
[
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 June 11, 2003.
TRD-200303535
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 463-4075
4 TAC §12.53
The Texas Department of Agriculture (the department) proposes
amendments to Chapter 12, Weights and Measures, Subchapter F, Licensed Inspection
Companies, §12.53, concerning fees charged to businesses who employ registered
technicians to place weights and measures devices into service, remove out-of-order
tags and perform inspections of liquefied petroleum gas (LPG) meters and ranch
scales on behalf of the department. The proposed amendments also concern the
maximum amount that licensed inspection companies can charge for LPG meter
or ranch scale inspections. The amendments to §12.53 are proposed to
increase the fees charged to register a weights and measures inspection company
with the department and to increase the maximum amount that licensed inspection
companies can charge for LPG meter and ranch scale inspections. The amendment
concerning the license fee is further proposed to ensure that costs associated
with the administration of the department's weights and measures regulatory
activities are recovered as required by the Texas Agriculture Code, §12.0144
and directed by the Texas Legislature, 78th Session, 2003.
David Kostroun, Assistant Commissioner for Regulatory Programs, has determined
that for the first five years the amended section is in effect, there will
be fiscal implications for state government as a result of enforcing or administering
the amended section. There will be an approximate increase in state revenue
of $345 per year beginning in fiscal year 2004 due to the increase in inspection
company license fees. In addition, increasing the maximum amount that licensed
inspection companies can charge for LPG meter or ranch scale inspections will
allow the private companies to better recover costs associated with inspections.
There will be no anticipated cost to local government as a result of enforcing
or administering the amended section.
Mr. Kostroun has also determined that for each year of the first five years
the amended section is in effect, the public benefit anticipated as a result
of enforcing the amended section will be that costs of implementing the weights
and measures program are recovered. The anticipated economic cost to those
individuals, micro businesses and small businesses employing registered technicians
required to comply with the amended section is a $15 increase to each class
of license. The anticipated economic cost to those individuals, small businesses,
and large businesses that are required to have their LPG meters and ranch
scales inspected by a licensed inspection company is an increase of $100 for
each inspection.
Comments on the proposal may be submitted to Stephen Pahl, Coordinator
for Weights and Measures, Texas Department of Agriculture, P.O. Box 12847,
Austin, Texas 78711, and must be received no later than 30 days from the date
of publication of the proposal in the
Texas Register
.
The amendments to §12.53 are proposed under the Texas Agriculture
Code (the Code), §13.002, which provides the department with the authority
to adopt rules as necessary for the enforcement and administration of the
department's Weights and Measures Program; and the Code, §13.403, which
authorizes the department to establish by rule an annual license fee for licensed
inspectors of weighing and measuring devices.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapter 13.
§12.53.Fees.
(a)
The fee for each class of license is
$90
[
(b)
LPG meter or ranch scale inspection by registered technicians
shall not exceed
$250
[
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 June 11, 2003.
TRD-200303536
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 463-4075
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 increase the examination fee charged for each
exam administered. The amendments are further proposed to ensure that costs
associated with the administration of the department's weights and measures
regulatory activities are recovered as required by the Texas Agriculture Code, §12.0144,
and directed by the Texas Legislature, 78th Session, 2003.
David Kostroun, Assistant Commissioner for Regulatory Programs, has determined
that for the first five years the amended section is in effect, there will
be fiscal implications for state government as a result of enforcing and administering
the amended section. There will be an approximate increase in state revenue
of $4,494 per year beginning in fiscal year 2004 due to the increase in the
registered technician examination fee. There will be no anticipated cost to
local government as a result of enforcing and administering the amended section.
Mr. Kostroun has also determined that for each year of the first five years
the amended section is in effect, the public benefit anticipated as a result
of enforcing the amended section will be that costs of implementing the weights
and measures program are recovered. The anticipated economic cost to those
individuals, micro businesses and small businesses required to comply with
the amended section is a $10 increase to the examination fee. Registered technicians
are required to retake examinations every five years.
Comments on the proposal may be submitted to Stephen Pahl, Coordinator
for Weights and Measures, Texas Department of Agriculture, P.O. Box 12847,
Austin, Texas 78711, and must be received no later than 30 days from the date
of publication of the proposal in the
Texas Register
.
The amendments to §12.60 are proposed under the Texas Agriculture
Code (the Code), §13.002, which provides the department with the authority
to adopt rules as necessary for the for enforcement and administration of
the department's Weights and Measures Program; and the Code, §13.1012,
which authorizes the department to set by rule and collect a registration
fee for persons servicing weights and measures devices.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapter 13.
§12.60.Registration Requirement Procedure.
(a) - (d)
(No change.)
(e)
Examination fees for each class of license is
$60
[
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 June 11, 2003.
TRD-200303537
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 463-4075
4 TAC §12.73
The Texas Department of Agriculture (the department) proposes
amendments to Chapter 12, Weights and Measures, Subchapter H, Public Weighers, §12.73,
concerning fees charged to public weighers. The amendments to §12.73
are proposed to increase the fees charged to license a public weigher with
the department. The amendment concerning the license fee is further proposed
to ensure that costs associated with the administration of the department's
weights and measures regulatory activities are recovered as required by the
Texas Agriculture Code, §12.0144, and directed by the Texas Legislature,
78th Session, 2003.
David Kostroun, Assistant Commissioner for Regulatory Programs, has determined
that for the first five years the amended section is in effect, there will
be fiscal implications for state government as a result of enforcing or administering
the amended section. There will be an approximate increase in state revenue
of $13,340 per year beginning in fiscal year 2004 due to the increase in public
weigher license fees. There will be no anticipated cost to local government
as a result of enforcing or administering the amended section.
Mr. Kostroun has also determined that for each year of the first five years
the amended section is in effect, the public benefit anticipated as a result
of enforcing the amended section will be that costs of implementing the weights
and measures program are recovered. The anticipated economic cost to those
individuals, micro businesses and small businesses required to comply with
the amended section is a $20 increase to each County public weigher license
and an $80 increase to each State public weigher license. County and State
public weighers are licensed for a period of two years.
Comments on the proposal may be submitted to Stephen Pahl, Coordinator
for Weights and Measures, Texas Department of Agriculture, P.O. Box 12847,
Austin, Texas 78711, and must be received no later than 30 days from the date
of publication of the proposal in the
Texas Register
.
The amendments to §12.73 are proposed under the Texas Agriculture
Code (the Code), §13.002, which provides the department with the authority
to adopt rules as necessary for the enforcement and administration of the
department's Weights and Measures Program; and the Code, §13.255, which
authorizes the department to set by rule and collect a nonrefundable fee for
issuing a certificate of authority for a County or Deputy public weigher.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapter 13.
§12.73.Fees.
(a)
County or Deputy public weigher fee is
$120
[
(b)
State public weigher fee is
$480
[
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 June 11, 2003.
TRD-200303538
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 463-4075
4 TAC §15.4
The Texas Department of Agriculture (the department) proposes
amendments to Chapter 15, Egg Law, §15.4, concerning fees charged to
egg dealer/wholesalers, processors, and brokers. The amendments to §15.4
are proposed to increase the license fees for an egg dealer/wholesaler, processor,
or broker. The amendment concerning the license fee is further proposed to
ensure that costs associated with the administration of the department's egg
law regulatory activities are recovered as required by the Texas Agriculture
Code, §12.0144, and directed by the Texas Legislature, 78th Session,
2003. The amendments increase license fees for all classes of egg dealers/wholesalers,
processors and brokers.
David Kostroun, assistant commissioner for regulatory programs, has determined
that for the first five years the amended section is in effect, there will
be fiscal implications for state government as a result of enforcing or administering
the amended section There will be an approximate increase in state revenue
of $18,536 per year beginning in fiscal year 2004 due to the increase in egg
dealer/wholesaler, processor, and broker license fees. There will be no anticipated
cost to local government as a result of enforcing or administering the amended
section.
Mr. Kostroun has also determined that for each year of the first five years
the amended section is in effect, the public benefit anticipated as a result
of enforcing and administering the amended section will be that costs of implementing
the egg program are recovered. The anticipated economic cost to those individuals,
micro businesses and small businesses required to comply with the amended
section is a 33 % increase to dealer/wholesaler class 1, 2, 3, 4 and processor
class 1 and 2 licenses, a 20 % increase to dealer/wholesaler class 5, 6, 7,
8, 9, 10, 11,12, processor class 3 and 4 and broker licenses.
Comments on the proposal may be submitted to Stephen Pahl, Coordinator
for Egg Law, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas
78711, and must be received no later than 30 days from the date of publication
of the proposal in the
Texas Register
.
The amendments to §15.4 are proposed under the Texas Agriculture
Code (the Code), §132.003, which provides the department with the authority
to adopt rules as necessary for the for administration of the Code, Chapter
132; the Code §132.026, which authorizes the department to set by rule
a fee for an egg dealer-wholesaler license; and the Code, §132.028, which
authorizes the department to set by rule and charge a fee for an egg brokers
license.
The code that will be affected by the proposal is the Texas Agriculture
Code, Chapter 132.
§15.4.Fees.
(a)
The fee schedule for a dealer/wholesaler is:
(b)
The fee schedule for a processor is:
(c)
The license fee for a broker is
$420
[
(d)-(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 June 12, 2003.
TRD-200303547
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 463-4075
$2.10
] per liquid
measuring device used to deliver one gasoline product per nozzle.
$6.25
] per liquid
measuring device used to deliver multiple gasoline products per nozzle.
Chapter 6.
SEED ARBITRATION
$250
] shall accompany the sworn complaint and must be
sent to the Texas Department of Agriculture, P. O. Box 629, Giddings, Texas
78942. If the board recommends to award damages to the complainant, the filing
fee may be included in the arbitration costs assessed to the responsible party.
Chapter 9.
SEED QUALITY
$.03
] for each 100- pound container
of seed or fraction thereof; and
$.06
] for each 100 pounds of agricultural seed sold or
otherwise distributed for sale for planting purposes within the state.
$25
] or 10% of the amount of the fee due, whichever
is greater.
$100
].
Subchapter C. SEED TESTING
serrated tussock,
or itchgrass
]. A tolerance of one will be allowed for cocklebur. A tolerance
of one will be allowed for nutsedge tubers in a two pound sample. If nutsedge
tubers are found in excess of the tolerance, an additional 50 pounds will
be required for testing. The tolerance of one nutsedge tuber will be allowed
in the 50 pound sample. The tolerance allowed for pure live seed will be the
same as for germination. A laboratory test used for labeling purposes must
be made by the Texas Department of Agriculture, the official state seed laboratory
of another state, or a Registered Seed Technologist/Society of Commercial
Seed Technologist member laboratory. Information relative to obtaining copies
of the material adopted by reference may be obtained by writing the Texas
Department of Agriculture, Seed Quality Program, P. O. Box 629, Giddings,
Texas 78942. A copy is also available for public inspection at the Texas Department
of Agriculture, Seed Quality
Program
, W. H. (Bill) Pieratt Building,
Giddings, Texas.
$7.50 each
];
$7.50 each
];
mixtures or seed containing high inert matter: $9.50 each
];
$15 each
];
for mixtures or seed
] containing [
high
] inert matter
in excess of 5%: $21, $9.00 for each additional component
[
: $17
each
];
$12.50 each
];
$12.50 each
];
$25 each
];
$4.00 each
];
$9.50
each
];
$11 each
];
$11
] each;
$6.00
] each;
$25
]
each;
fluorescence
test: $4.00
] each;
flower: $25
]
each [
; and
]
.
(17)
grasses and flower mixed:
$50 each.]
Chapter 10.
SEED CERTIFICATION STANDARDS
$75
] fee will be assessed
and must be paid for each lot of seed on which interagency certification is
requested.
$100
] at the time of application.
$20
] will be assessed
and must be paid for each field on which certification is requested after
the deadline date established for each specific crop. Applications will not
be accepted if it can be determined by the certifying agency that the crop
is too far advanced in development to allow satisfactory inspection.
$20
]. Request for reinspection
of a rejected field will not be accepted if it can be determined that the
inspector will not be able to visit the field in sufficient time before harvest
to make a satisfactory inspection.
by a conditioning plant
] that has been approved by the department.
Any
person, firm, or corporation desiring to become an approved certified seed
handler shall make application to the Seed Quality Program for inspection
and approval of the seed conditioning facilities. Application for approval
must be made each calendar year. Inspection of the facilities by an approved
inspector of the certifying agency shall be made in determining approval or
rejection. Forms supplied by the Seed Quality Program are required to be used.
When a seed conditioning plant has been inspected and meets all requirements,
a certificate of approval will be issued by the certifying agency. Thereafter,
the facilities are subject to inspection at the discretion of the certifying
agency
].
conditioning
] without introducing admixtures.
conditioning
] must be thoroughly
cleaned before any eligible seed is handled. Identity of seed must be maintained
at all times.
Seed conditioners shall permit inspection by the department
of all records pertaining to certified seed.
]
Seed conditioners shall
designate an individual who shall be responsible to the Seed Quality Program
for performing such duties as it may require
].
Prior to reconditioning seed bearing the certification labels, an approved
inspector must supervise the removal of said labels which are to be surrendered
to the inspector
].
(h)
Seed lots of the same variety
and class may be blended and the class retained. If lots of different classes
are blended, the lowest class shall be applied to the resultant blend. Such
blending can only be done when authorized by the Seed Quality Program. The
blend is a new lot which shall be sampled and tested in compliance with the
commodity standards].
$.08
] each, or
$.10
[
$.08
] for each 100 pounds
or fraction of 100 pounds of seed. The type of labels available are:
$.08
] per one hundred pounds
, or fraction of one hundred
pounds of seed,
) and Agricultural Seed Inspection Fee (
$.07
[
$.06
] per one hundred pounds
,or fraction of one hundred pounds
of seed,
if on the reporting system or
$.07
[
$.03
]
per one hundred pounds
,or fraction of one hundred pounds of seed,
if
using seed fee labels).
Subchapter C. ACREAGE INSPECTION FEES FOR CERTIFICATION
Subchapter F. ADDITIONAL REQUIREMENTS FOR THE CERTIFICATION OF CERTAIN CROPS
$50
] for each sample
grown for reconsideration must be paid
to
the Texas Department
of Agriculture, and the travel and per diem expenses of department personnel
necessary to sample, plant, and inspect the larger plot must be paid by the
seed producer.
$50
] for each sample
grown for reconsideration must be paid to the Texas Department of Agriculture,
and the travel and per diem expenses of department personnel necessary to
sample, plant, and inspect the larger plot must be paid by the seed producer.
Chapter 12.
WEIGHTS AND MEASURES
$7.00
] (per nozzle).
$21.00
] (per nozzle).
$25
] (per nozzle).
$25
].
$12.50
].
$12.50
].
$100
].
Subchapter D. METROLOGY
, J
],";
ASTM Class "
0,
1, [
1.1,
] 2, 3"; OIML Class "E1, E2, F1,
F2" and other weights:
up to and including
[
Not more than
] 3 kilograms:
$40
[
$25
]; More than 3 kilograms,
up to and including
[
but not more than
] 30 kilograms:
$80
[
$50
]; More than 30 kilograms:
$100
[
$70
].
$5
]; 10 pounds or more but less than 500 pounds:
$20
[
$10
]; 500 pounds or more but less than 2500 pounds:
$40
[
$20
]; 2500 pounds or more:
$80
[
$40
].
$20
]; More than 5 gallons:
$40
[
$20
] plus
$0.50
[
$.50
] for each gallon over 5 gallons; LPG provers
holding 25 gallons or less:
$100
[
$25
]; LPG provers
holding over 25 gallons:
$250
[
$100
].
$25
].
(c)
The metrology fees established
in subsection (b)(1)(B) and (b)(2) of this section shall apply to any and
all testing performed after August 31, 2001.]
Subchapter E. LICENSED SERVICE COMPANIES
$75
].
Subchapter F. LICENSED INSPECTION COMPANIES
$75
].
$150
].
Subchapter G. REGISTERED TECHNICIANS
$50
].
Subchapter H. PUBLIC WEIGHERS
$100
].
$400
].
Chapter 15.
EGG LAW
$350
].
Chapter 16.
AQUACULTURE