TITLE 10.COMMUNITY DEVELOPMENT

Part 5. OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM DIVISION

Chapter 188. FUEL ETHANOL AND BIODIESEL PRODUCTION INCENTIVE PROGRAM

10 TAC §§188.1 - 188.10

The Office of the Governor, Economic Development and Tourism Office, adopts new Chapter 188, Fuel Ethanol and Biodiesel Production Incentive Program (Program), relating to the registration of fuel ethanol and biodiesel producers and grants of state funds for the production of fuel ethanol and biodiesel. The Program will encourage the development and production of fuel ethanol and biodiesel and will set standards for plant registration. The program is authorized by Texas Agriculture Code, Chapter 16, and will be administered by the Texas Department of Agriculture (Department) as authorized by Texas Agriculture Code, §16.005. Sections 188.1 - 188.10 are adopted without changes to the proposed text published in the February 10, 2006, issue of the Texas Register (31 TexReg 788) and will not be republished. No comments were received on the proposed rules.

The new rules are necessary to transfer authority to administer the Program to the Department so that the Program can be implemented. Chapter 188 sets out the Memorandum of Understanding between the Office and the Department and delineates the roles of the parties related to the Program. The Department will adopt guidelines for administration of the Program.

The rules are adopted pursuant to Texas Agriculture Code, §16.006, which directs the Office to adopt rules for distribution of grants under the program and Texas Government Code, Chapter 2001, Subchapter B, which prescribes the standards for rulemaking by state agencies.

Texas Agriculture Code, Chapter 16, is affected by this proposal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 7, 2006.

TRD-200602055

Tracye McDaniel

Executive Director

Office of the Governor, Economic Development and Tourism Division

Effective date: April 27, 2006

Proposal publication date: February 10, 2006

For further information, please call: (512) 463-1932