Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 9. SEED QUALITY

Subchapter B. CLASSIFICATION OF LICENSES

4 TAC §9.3

The Texas Department of Agriculture (the department) proposes an amendment to §9.3, concerning the expiration date for the Vegetable Seed license. House Bill 901, enacted by the 79th Texas Legislature, 2005, amended §61.013(d) of the Texas Agriculture Code (the Code) to change the August 31 expiration date for vegetable seed licenses to the first anniversary of the date of license issuance or renewal. The amendment to §9.3 is proposed to remove reference to August 31 as the expiration date for all vegetable seed licenses.

Ed Price, Regulatory Programs Branch Chief, has determined that for the first five-year period the proposed amendment is in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the amended section, as proposed.

Mr. Price has also determined that for each year of the first five years the proposed amendment is in effect, the public benefit anticipated as a result of enforcing or administering the amended section, as proposed, will be that the amendments will create less confusion for the applicant about the correct license fee amount. The proposed amendment will also allow the department to more evenly distribute licensing workflow throughout the year, which will provide for a better turnaround time to customers. There is no cost anticipated to micro-businesses, small businesses or individuals required to comply with the section as amended.

Comments on the proposal may be submitted to Ed Price, Regulatory 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 to §9.3 is 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 §61.013, which provides that a person may not sell or offer, expose, or otherwise distribute for sale vegetable seed for planting purposes in this state without a vegetable seed license issued by the department, and 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.

§9.3.Vegetable Seed.

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

(e) A Vegetable Seed License issued under this section shall remain in force and effect until:

(1) the expiration date of the license [ August 31 following the date of issuance ];

(2) - (3) (No change.)

(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 July 21, 2005.

TRD-200502979

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: September 4, 2005

For further information, please call: (512) 463-4075

4 TAC §15.4

The Texas Department of Agriculture (the department) proposes amendments to §15.4, concerning prorated license fees for egg dealer/wholesaler and egg processor licenses. House Bill 901, enacted by the 79th Texas Legislature, 2005, amended §132.024 of the Texas Agriculture Code (the Code) to change the expiration date for egg dealer/wholesaler and egg processor licenses from August 31 of each year to the first anniversary of the date of license issuance or renewal. The amendments to §132.024 of the Code eliminate the need for the department to prorate fees for egg licenses issued for only part of the year. The amendments to §15.4 are proposed to eliminate the requirement for prorating license fees.

David Kostroun, Assistant Commissioner for Regulatory Programs, has determined that for the first five-year period the proposed amendments are in effect there is no anticipated fiscal impact for state and local governments as a result of administering or enforcing the rule amendments, as proposed.

Mr. Kostroun also has determined that for each year of the first five years the proposed amendments are in effect, the public benefits anticipated as a result of administering and enforcing the section, as amended, will be that the amendments will create less confusion for the applicant about the correct license fee amount. The amendments will also allow the department to more evenly distribute licensing workflow throughout the year, which will provide for a better turnaround time to customers. There is no cost anticipated to micro-businesses, small businesses or individuals required to comply with the amendments.

Comments on the proposal may be submitted to David Kostroun, Assistant Commissioner for Regulatory Programs, 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 .

The amendments to §15.4 are proposed under the Code, §132.003, which provides the department with the authority to administer, the Code, Chapter 132, relating to Eggs, and adopt and enforce rules necessary to administer Chapter 132; the Code, §132.026, which authorizes the department to set the fee for a dealer-wholesaler license by rule; and the Code, §132.027 which authorizes the department to set the fee for a processor license by rule.

The code affected by the proposal is the Texas Agriculture Code, Chapter 132.

§15.4.Fees.

(a) - (c) (No change.)

[(d) Upon initial application, the license fees shall be prorated based on the remaining months of the license year.]

(d) [ (e) ] The fees provided in this section are applicable to the extent that they do not conflict with Chapter 2, Subchapter B of this title (relating to Consolidated Licenses).

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 July 21, 2005.

TRD-200502981

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: September 4, 2005

For further information, please call: (512) 463-4075

4 TAC §22.2, §22.3

The Texas Department of Agriculture (the department) proposes amendments to §22.2, concerning expiration dates for Nursery/Floral licenses, and §22.3 concerning prorated Nursery/Floral license fees. The amendments to §22.2 are proposed to change all Nursery/Floral license expiration dates from October 31 to the last day of the month corresponding to the license anniversary date. The amendments to §22.3 are proposed to eliminate the requirement for prorated license fees.

David Kostroun, Assistant Commissioner for Regulatory Programs, has determined that for the first five-year period the proposed amendments are in effect there is no anticipated fiscal impact for state and local governments as a result of administering or enforcing the amendments, as proposed.

Mr. Kostroun also has determined that for each year of the first five years the proposed amendments are in effect, the public benefits anticipated as a result of administering and enforcing the sections, as amended, will be that the amendments will create less confusion for the applicant about the correct license fee amount. The amendments will also allow the department to more evenly distribute licensing workflow throughout the year, which will provide for a better turnaround time to customers. There is no cost anticipated to micro-businesses, small businesses or individuals required to comply with the amendments.

Comments on the proposal may be submitted to David Kostroun, Assistant Commissioner for Regulatory Programs, 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 .

The amendments to §22.2 and §22.3 are proposed under Texas Agriculture Code (the Code), §71.057, which provides that a nursery dealer or nursery agent must register with the department under this section before offering for sale or lease or otherwise distributing a nursery product, and that a nursery dealer or nursery agent may apply for registration or renewal of registration by submitting an application prescribed by the department and an annual fee; and the Code, §12.016, which provides the department with the authority to adopt rules as necessary for the administration of its powers and duties under the Code.

The code affected by the proposal is the Texas Agriculture Code, Chapter 71.

§22.2.Application.

(a) - (c) (No change.)

(d) Except as provided by Chapter 2, Subchapter B of this title (relating to Consolidated Licenses), the license will be valid for one year and shall expire on the last day of the month corresponding to the license anniversary date [ the expiration date of registration certificates will be October 31st of each year ].

(e) (No change.)

§22.3.Nursery/Floral Registration Classifications and Fees.

[(a) The fee for a new certificate will be prorated as outlined on the Nursery/Floral Registration Certificate Application to coincide with the October 31st expiration date.]

(a) [ (b) ] Registration and renewal fees are:

(1) Class 1--$75. Includes businesses that sell, lease, or distribute, but do not grow nursery products and/or floral items, such as garden centers, grocery stores, landscape contractors, floral shops, interior decorators, and street vendors.

(2) Class 2--$110. Includes permanently located businesses that sell, lease, or distribute, nursery products and/or floral items and have a growing area of 435,600 square feet (ten acres) or less.

(3) Class 3--$145. Includes permanently located businesses that sell, lease, or distribute, nursery products and/or floral items and have a growing area of 435,601 - 871,200 square feet (in excess of ten acres to twenty acres).

(4) Class 4--$180. Includes permanently located businesses that sell, lease, or distribute nursery products and/or floral items and have a growing area of 871,201 square feet or more (over twenty acres).

(5) Class M--$180. Includes businesses that sell, lease, or distribute nursery products and/or floral items at temporary markets such as flea markets, arts and craft shows, plant or flower shows, or other temporary markets other than that described in subsection (c) [ (d) ] of this section. Class M registrants must obtain an event permit for each day nursery products and/or floral items are sold. Thirty event permits are provided at no additional cost under this registration. One event permit equals one day (or any portion of a 24 hour period) at one location. Selling nursery products and/or floral items for any portion of a 24-hour period constitutes the use of one event permit. [ The fee for a Class M registration certificate will not be prorated. ] Additional event permits may be purchased in blocks of 10 permits at a cost of $50 per block. There will be no limit on the number of blocks that can be purchased.

(b) [ (c) ] Class 1, 2, 3, and 4 certificate holders may obtain up to ten event permits at no additional cost under a registration to sell, barter, lease, or distribute nursery products and/or floral items at trade shows, garden shows, or other horticultural exhibits. Additional event permits may be purchased in blocks of ten permits at the cost of $50 per block. There will be no limit on the number of blocks that can be purchased.

(c) [ (d) ] Neither registration with the department nor event permits are required for participation in trade shows, garden shows, or other horticultural exhibits, so long as nursery products and/or floral items are not sold, bartered, leased, or distributed from stock located on the premises of the show or exhibit.

(d) [ (e) ] The fees provided in this section are applicable to the extent that they do not conflict with Chapter 2, Subchapter B of this title (relating to Consolidated Licenses).

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 July 21, 2005.

TRD-200502982

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: September 4, 2005

For further information, please call: (512) 463-4075