Proposed Rule Reviews
Texas Department of Agriculture
Title 4, Part 1
The Texas Department of Agriculture (the department) proposes to review
Title 4, Texas Administrative Code, Part 1, Chapter 3, concerning boll weevil
eradication program, pursuant to the Texas Government Code, §2001.039.
Section 2001.039 requires state agencies to review and consider for readoption
each of their rules every four years. The review must include an assessment
of whether the original justification for the rules continues to exist.
The assessment of Title 4, Part 1, Chapter 3, Subchapter A, concerning
Election Procedures; Subchapter B, concerning Establishment of Foundation
Rules, Procedures, and Methods of Treatment; Subchapter C, concerning Prohibition
of Planting of Cotton; Subchapter D, concerning Requirements for Participation
in the Eradication Program and Administrative Penalty Enforcement; Subchapter
F, concerning Miscellaneous Provisions; Subchapter H, concerning Use of Bio-Intensive
Controls in Active Boll Weevil Eradication Zones; Subchapter I, concerning
Compliance Certificate Program Rules; and Subchapter J, concerning Organic
Cotton Rules by the department at this time indicates that the reason for
readopting without changes all sections in these subchapters continues to
exist. As part of the review process, the department proposes new Title 4,
Part 1, Chapter 3, Subchapter E, concerning Creation of Zones §3.119,
and the repeal of Subchapter G, concerning Transfer or Addition of Areas From
One Eradication Zone to Another Zone, §3.300. These may be found in the
Proposed Rules section of this issue of the
Texas
Register
. The assessment of Chapter 3, Subchapters E and Subchapter
G by the department at this time, indicates that with the exception of the
proposed new section and the repeal of §3.300, the reason for readopting
without changes all remaining sections in Chapter 3, Subchapters E and G continues
to exist.
The department is accepting comment on the review of Chapter 3. Comments
on the review may be submitted within 30 days following the publication of
this notice in the
Texas Register
to Brian
Murray, Special Assistant for Producer Relations, Texas Department of Agriculture,
P.O. Box 12847, Austin, Texas, 78711.
TRD-200403616
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: May 28, 2004
The Texas Department of Agriculture (the department) proposes to review
Title 4, Texas Administrative Code, Part 1, Chapter 9, concerning Seed Quality,
Chapter 10, concerning Seed Certification, and Chapter 16, concerning Aquaculture,
pursuant to the Texas Government Code, §2001.039. Section 2001.039 requires
state agencies to review and consider for readoption each of their rules every
four years. The review must include an assessment of whether the original
justification for the rules continues to exist.
The assessment of Title 4, Part 1, Chapters 9, 10, and 16 by the department
at this time indicates that the reason for readopting without changes all
sections in these chapters continues to exist.
The department is accepting comment on the review of Chapters 9, 10, and
16. Comments on the review may be submitted within 30 days following the publication
of this notice in the
Texas Register
to David
Kostroun, Assistant Commissioner for Regulatory Programs, Texas Department
of Agriculture, P.O. Box 12847, Austin, Texas 78711.
TRD-200403592
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: May 27, 2004
The Texas Department of Agriculture (the department) proposes to review
Title 4, Texas Administrative Code, Part 1, Chapter 20, concerning cotton
pest control, pursuant to the Texas Government Code, §2001.039. Section
2001.039 requires state agencies to review and consider for readoption each
of their rules every four years. The review must include an assessment of
whether the original justification for the rules continues to exist.
As part of the review process, the department proposes amendments to Chapter
20, Subchapter A, concerning General Provisions, §20.1 and §20.3;
Subchapter B, concerning Quarantine Requirements, §20.10 and §20.16;
and Subchapter C, concerning Stalk Destruction Program, §20.20 and §20.22.
These may be found in the Proposed Rules section of this issue of the
The department is accepting comment on the review of Chapter 20. Comments
on the review may be submitted within 30 days following the publication of
this notice in the
Texas Register
to David
Kostroun, Assistant Commissioner for Regulatory Programs, Texas Department
of Agriculture, P.O. Box 12847, Austin, Texas, 78711.
TRD-200403634
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: May 28, 2004
Texas Department of Agriculture
Title 4, Part 1
The Texas Department of Agriculture (the department) adopts the review
of Title 4, Texas Administrative Code, Part 1, Chapter 1, concerning General
Procedures, pursuant to the Texas Government Code, §2001.039, and readopts
sections in Chapter 1, Subchapter A, concerning General Rules of Practice;
Subchapter B, concerning Collection of Debts; Subchapter C, concerning Minority
Purchasing; Subchapter D, concerning Miscellaneous Provisions; Subchapter
G, concerning Interagency Agreements; Subchapter H, concerning Requests for
Public Information; Subchapter J, concerning Agricultural Lien Disputes; Subchapter
K, concerning Employee Training Rules; Subchapter L, concerning Urban Schools
Grants Program and Subchapter M, concerning Surplus Agricultural Products,
as proposed in its notice of intent to review. The proposed notice of intent
to review was published in the April 23, 2004, issue of the
Texas Register
(29 TexReg 3977). No comments were received on the proposal.
Section 2001.039 requires state agencies to review and consider for readoption
each of their rules every four years. The review must include an assessment
of whether the original justification for the rules continues to exist. The
assessment of Title 4, Part 1, Chapter 1, Subchapter A, concerning General
Rules of Practice; Subchapter B, concerning Collection of Debts; Subchapter
D, concerning Miscellaneous Provisions; Subchapter G, concerning Interagency
Agreements; Subchapter H, concerning Requests for Public Information; Subchapter
J, concerning Agricultural Lien Disputes; Subchapter K, concerning Employee
Training Rules; Subchapter L, concerning Urban Schools Grants Program and
Subchapter M, concerning Surplus Agricultural Products by the department at
this time indicates that the reason for readopting without changes all sections
in these subchapters continues to exist. As part of the review process, the
department proposed the amendment of Title 4, Part 1, Chapter 1, Subchapter
C, §§1.73 - 1.75 and §1.78, and the addition of §1.207
and §1.208 to Subchapter E. The proposal was also published in the April
23, 2004, issue of the
Texas Register
(29
TexReg 3889). No comments were received on the proposal. The assessment of
Chapter 1, Subchapter C, concerning Minority Purchasing; and Subchapter E,
concerning Advisory Committees by the department at this time, indicates that
with the addition of adopted amendments to §§1.73 - 1.75 and §1.78,
and the addition of new §1.207 and §1.208, the reason for readopting
without changes all remaining sections in Chapter 1, Subchapters C and E continues
to exist.
TRD-200403594
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: May 27, 2004
The Texas Department of Agriculture (the department) adopts the review
of Title 4, Texas Administrative Code, Part 1, Chapter 12, concerning Weights
and Measures Regulations, Chapter 19, concerning Quarantines, and Chapter
22, concerning Nursery Products and Floral Items, pursuant to the Texas Government
Code, §2001.039 and readopts these chapters as proposed in its notice
of intent to review. The proposed notice of intent to review was published
in the April 23, 2004, issue of the
Texas Register
(29 TexReg 3977).
Section 2001.039 requires state agencies to review and consider for readoption
each of their rules every four years. The review must include an assessment
of whether the original justification for the rules continues to exist. The
assessment of Title 4, Part 1, Chapters 12 and 22 by the department at this
time indicates that the reason for readopting without changes all sections
in Chapters 12 and 22 continues to exist. As part of the review process, the
department proposed the amendment of Title 4, Part 1, Chapter 19, §19.23.
This proposal was also published in the proposed rule section of the April
23, 2004, issue of the
Texas Register
(29
TexReg 3891). No comments were received on the proposal, and the department
has adopted the amendments to §19.23 without changes. The assessment
of Chapter 19 by the department at this time indicates that the reason for
readopting without changes all remaining sections in Chapter 19 continues
to exist.
TRD-200403596
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: May 27, 2004
Title 30, Part 1
The Texas Commission on Environmental Quality (commission) adopts the rule
review and readopts Chapter 344, Landscape Irrigation, without changes, in
accordance with Texas Government Code, §2001.039, which requires state
agencies to review and consider for readoption each of their rules every four
years. The review must include an assessment of whether the reasons for the
rules continue to exist. The notice of intention to review was published in
the January 9, 2004, issue of the
Texas Register
(29 TexReg 383).
CHAPTER SUMMARY
Chapter 344 provides for the regulation of landscape irrigation systems.
Subchapter A contains definitions that pertain to the entire chapter and license
requirements for persons working in the landscape irrigation field. Subchapter
B describes the makeup and functions of the Irrigator Advisory Council. Subchapter
C sets forth the requirements for displaying licenses and use of seals by
licensed professionals. Subchapter D provides standards for landscape irrigation
systems, including water conservation, backflow prevention, design and installation
standards, and compliance with local requirements, ordinances, and regulations.
Subchapter F sets standards of conduct for licensed irrigators and licensed
installers.
ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST
The commission conducted a review and determined that the reasons for the
rules in Chapter 344 continue to exist. The rules are needed to implement
Texas Occupations Code, §1903.053, which authorizes the commission to
adopt standards to govern connection to a water supply by an irrigator or
installer, and allows adoption of standards for irrigation, including water
conservation, irrigation system design and installation, and for compliance
with municipal codes by an irrigator or installer and Texas Occupations Code, §1903.251,
which prohibits a person from acting as an irrigator or installer without
being certified.
PUBLIC COMMENT
The public comment period closed on February 9, 2004. No comments were
received.
TRD-200403607
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: May 28, 2004
Adopted Rule Reviews
Texas Commission on Environmental Quality