Part 1.
TEXAS DEPARTMENT OF AGRICULTURE
Chapter 1.
GENERAL PROCEDURES
The Texas Department of Agriculture (the department) proposes amendments
to Chapter 1, Subchapter C, §§1.73 - 1.75 and §1.78, concerning
Minority Purchasing, and new Chapter 1, Subchapter E, §1.207 and §1.208,
concerning advisory committees. The amendments to Subchapter C are proposed
to clarify the sections, and update legal citations and references to the
state purchasing agency in the department's minority purchasing rules. The
new sections added to Subchapter E are proposed to add advisory committees
that have been established since Subchapter E was last revised. More specifically,
the amendments to §§1.73 - 1.75 and §1.78 change the term "General
Services Commission" to the current name of that agency, the Texas Building
and Procurement Commission. In addition, §1.73(b) is amended to correct
a legal cite, in §1.78, the effective date of rules referenced at §1.78(a)
and all of §1.78(b) are deleted as no longer necessary, and §1.78(c)
is amended to clarify where the department's offices are located. New §1.207
adds the Wine Marketing Assistance Program Advisory Committee to the list
of the department's advisory committees. New §1.208 adds the Shrimp Marketing
Assistance Program Advisory Committee to the list of the department's advisory
committees.
Dolores Alvarado Hibbs, Deputy General Counsel, has determined that for
the first five years the amendments and new sections are in effect, there
will be no fiscal implications for state government as a result of enforcing
or administering the amended and new sections. There is no anticipated fiscal
implication for local government as a result of enforcing or administering
the amended and new sections.
Ms. Hibbs also has determined that for each year of the first five years
the amended and new sections are in effect the public benefit anticipated
as a result of enforcing the amended and new sections will be to provide interested
members of the public with accurate information regarding the department's
minority purchasing policies and the department's advisory committees. For
the first five-year period the amended and new sections are in effect, there
will be no economic cost for micro-businesses, small businesses or individuals
who are required to comply with the sections as proposed.
Comments on the proposal may be submitted to Dolores Alvarado Hibbs, Deputy
General Counsel, Texas Department of Agriculture, P.O. Box 12847, Austin,
Texas 78749. Comments must be received no later than 30 days from the date
of publication of the proposal in the
Texas Register
.
Subchapter C. MINORITY PURCHASING
4 TAC §§1.73 - 1.75, 1.78
The amendments to §§1.73 - 1.75 and §1.78 are
proposed under the Texas Agriculture Code (the code), §12.029, which
requires that the department establish by rule policies to encourage minority
and female-owned small businesses to bid for contract and open market purchases
of the department; and the Texas Government Code, §2161.003, which provides
that a state agency shall adopt the rules of the Texas Building and Procurement
Commission, under §2161.002 as the agency's own rules.
The code affected by the proposal is the Texas Government Code, Chapters
2155 and 2161, and the Texas Agriculture Code, Chapter 12.
§1.73.Identification of Minority and Female-owned Businesses and HUBs.
(a)
The department will obtain the Texas Historically Underutilized
Business Certification Directory from the
Texas Building and Procurement
Commission
[
(b)
The department will use the directory to solicit bids from
such businesses on all contract and open market purchases for which it has
jurisdiction to contract pursuant to the
Texas Government Code, Chapter
2155
[
§1.74.Certification Requirements.
(a)
All minority and female-owned businesses and HUBs must
be certified under the historically underutilized business program of the
Texas Buildings and Procurement Commission
[
(b)
(No change.)
§1.75.Outreach.
(a)
The department will attend forums sponsored by the
Texas Building and Procurement Commission
[
(b)
(No change.)
§1.78.Historically Underutilized Business Program.
[
[(b)
The adoption of this rule is required
by the General Appropriations Act, House Bill 1, 74th Legislature, 1995.]
[
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 April 9, 2004.
TRD-200402407
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: May 23, 2004
For further information, please call: (512) 463-4075
4 TAC §1.207, §1.208
New §1.207 and §1.208 are proposed under the Texas
Government Code, §2110.005, which requires an agency that establishes
an advisory committee to adopt rules to state the purpose and tasks of the
committee and manner in which the committee shall report to the agency; §2110.008,
which authorizes an agency establishing an advisory committee to designate
the duration of a committee; and the Texas Agriculture Code (the code), §12.016,
which authorizes the department to adopt rules necessary to carry out its
duties under the code.
The code affected by the proposal is the Texas Government Code, Chapter
2110 and the Texas Agriculture Code, Chapter 12.
§1.207.Wine Marketing Assistance Program Advisory Committee.
(a)
Purpose. The Wine Marketing Assistance Program Advisory
Committee is created pursuant to the Texas Alcoholic Beverage Code, §110.002
and is established in the Texas Department of Agriculture (department) to
assist the Texas wine industry in promoting and marketing Texas wines and
educating the public about the Texas wine industry.
(b)
Duties. The Committee is composed of representatives of
Texas wineries, Texas wine wholesalers, Texas package stores, the Texas Alcoholic
Beverage Commission, and the department; the Committee shall assist the commissioner
in establishing and implementing the Texas Wine Marketing Assistance Program
and may advise the department on the adoption of rules relating to the administration
of the Texas Wine Marketing Assistance Program.
(c)
Duration. The Committee shall remain in existence so long
as the Wine Marketing Assistance Program is in existence within the department.
The Committee shall meet as necessary to provide guidance to the commissioner
in establishing and implementing the program.
§1.208.Shrimp Marketing Assistance Program Advisory Committee.
(a)
Purpose. The Shrimp Marketing Assistance Program Advisory
Committee is created pursuant to the Texas Agriculture Code, §47.053,
and is established in the Texas Department of Agriculture (the department)
to assist to assist the commissioner in implementing the Texas Shrimp Marketing
Assistance Program in promoting and marketing Texas-produced shrimp and educating
the public about the Texas shrimp industry and Texas-produced shrimp.
(b)
Duties. The Committee is composed of representatives of
commercial bay shrimp boats, commercial gulf shrimp boats, Texas shrimp aquaculture,
fish retailers, fish wholesalers, higher education with expertise in food
science, the seafood restaurant industry, and the public; the Committee shall
advise the commissioner on adopting rules as necessary to implement the program,
and the Committee shall advise the commissioner in implementing the program
and in the expenditure of funds appropriated for the program.
(c)
Duration. The Committee shall remain in existence so long
as the Shrimp Marketing Assistance Program is in existence within the department.
The Committee shall meet as necessary, but not less frequently that once each
calendar year.
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 April 9, 2004.
TRD-200402408
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: May 23, 2004
For further information, please call: (512) 463-4075
Subchapter B. BURROWING NEMATODE QUARANTINE
General Services Commission
] to identify minority
and female-owned businesses certified as HUBs in the state.
State Purchasing and General Services Act, Texas Civil Statutes,
Article 60lb
].
General Services Commission
] to be eligible to participate in contract and open market purchases
of the department.
General Services Commission
] relating to minority and female-owned businesses and HUBs to improve
its efforts in soliciting these businesses for bidding on department contracts.
(a)
]
The department adopts by reference the rules
of the
Texas Building and Procurement Commission
[
Texas General
Services Commission
] in 1 Texas Administrative Code
§§111.11
- 111.28
[
§§111.11 - 111.23
], concerning Historically
Underutilized Business Certification Program[
, effective October 4, 1995
].
(c)
]
Copies of the
Texas Building and Procurement
Commission
[
General Services Commission
] rules are filed
at the department, located at
the Stephen F. Austin State Office Building,
1700 North Congress Avenue
, Austin, Texas
.
Subchapter E. ADVISORY COMMITTEES
Chapter 19.
QUARANTINES