4 TAC §4.2
The Texas Department of Agriculture (the department) proposes
an amendment to §4.2, concerning licensing of cooperative marketing associations.
The amendment is proposed to make §4.2 consistent with the current agency
process for issuing cooperative marketing association licenses.
David Kostroun, assistant commissioner for regulatory programs, has determined
that for the first five-year period the proposed amendment is in effect there
is no anticipated fiscal impact for state and local governments as a result
of administering or enforcing the rule amendment, as proposed.
Mr. Kostroun also has determined that for each year of the first five years
the proposed amendment is in effect, the public benefits anticipated as a
result of administering and enforcing the section, as amended, will be to
make the section consistent with current agency practice for the issuing of
cooperative marketing association licenses, and to give interested members
of the public correct information on the term of a cooperative marketing association
license. 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 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 amendment 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, including
Chapter 52, relating to cooperative marketing associations.
The code that is affected by the proposal is the Texas Agriculture Code,
Chapter 52.
§4.2.Who May Obtain a License.
(a) - (c)
(No change.)
(d)
Licenses expire
one year from the date of issuance
[
on staggered dates based on the licensee's fiscal year end
]
or
when
[
until
] the association is dissolved or
its charter is
forfeited.
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 9, 2005.
TRD-200501845
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 19, 2005
For further information, please call: (512) 463-4075