TITLE 4.AGRICULTURE

Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 2. LICENSING

Subchapter A. GENERAL PROVISIONS

The Texas Department of Agriculture (the department) proposes amendments to §2.1 and §2.4, concerning licensing by the department, and the repeal of §2.2, concerning an expiration date for Chapter 2. The amendment to §2.1(a) is proposed to correct a typographical error. The amendments to §2.1(d) are proposed to update statutory citations. The amendment to §2.4(a) is proposed to make the section consistent with the current agency practice of requiring that licensees notify the department in writing of any change of address. The repeal of §2.2 is proposed to eliminate an unnecessary section. The Texas Government Code, §2001.039 now provides for a review, revision or readoption of agency rules, making this section unnecessary.

Raette Hearne, assistant commissioner for administration, has determined that for the first five-year period the proposed amendments and repeal are in effect there is no anticipated fiscal impact for state and local governments as a result of administering or enforcing the rule amendments and repeal, as proposed.

Ms. Hearne also has determined that for each year of the first five years the proposed amendments and repeal are in effect, the public benefits anticipated as a result of administering and enforcing the sections, as amended, will be to provide affected members of the public and licensees correct license information and to provide correct legal citations for laws relating to criminal convictions. There is no cost anticipated to micro- businesses, small businesses or individuals required to comply with the amendment.

Comments on the proposal may be submitted to Dolores Alvarado Hibbs, Deputy General Counsel, 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.

4 TAC §2.1, §2.4

The amendments to §2.1 and §2.4 are proposed under Texas Agriculture Code (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 that is affected by the proposal is the Texas Agriculture Code, Chapter 12.

§2.1.Processing of Licenses; Notice Requirements; Criminal Convictions.

(a) When licensing is required by statute [ stature ] to be preceded by notice and opportunity for hearing, the action shall be administered as a contested case as provided for in the Administrative Procedure Act (the Act) and these rules.

(b) - (c) (No change.)

(d) The commissioner may revoke, suspend, annul, or amend an existing valid license, disqualify a person from receiving or renewing a license, or deny to a person the opportunity to be examined for a license because of a person's conviction of a felony or a misdemeanor, if the crime directly relates to the performance of the occupation or activity for which the license is issued and the prior criminal conviction directly affects such person's present fitness to perform such occupation or activity.

(1) In determining whether a criminal conviction directly relates to the performance of a licensed occupation or activity, the commissioner shall consider the factors listed in Texas Occupations Code, §53.022 [ Texas Civil Statutes, Article 6252-13c, §4(b) ].

(2) (No change.)

(3) In determining whether a criminal conviction directly affects a person's present ability to perform a licensed occupation or activity, the commissioner shall consider the factors listed in Texas Occupations Code, §53.023(1)-(6) [ Texas Civil Statutes, Article 6252-13c, §4(C)(1)-(6) ].

(4) - (6) (No change.)

§2.4.Notification of Change of Address.

(a) All licensees are required to notify the department in writing within 10 days of any change of address.

(b) It is the licensee's responsibility to maintain a valid, current address with the department.

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 23, 2005.

TRD-200502041

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: July 3, 2005

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


4 TAC §2.2

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Agriculture or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeal of §2.2 is proposed under Texas Agriculture Code (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 that is affected by the proposal is the Texas Agriculture Code, Chapter 12.

§2.2.Expiration Provision.

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 23, 2005.

TRD-200502040

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: July 3, 2005

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