TITLE 4.AGRICULTURE

Part 1. TEXAS DEPARTMENT OF AGRICULTURE

Chapter 17. MARKETING AND PROMOTION

Subchapter C. TAP, TASTE OF TEXAS, VINTAGE TEXAS, TEXAS GROWN, NATURALLY TEXAS AND GO TEXAN AND DESIGN MARKS

4 TAC §17.52, §17.55

The Texas Department of Agriculture (the department) adopts amendments to §17.52, concerning application to use GO TEXAN and Design and other department marks, and §17.55 concerning expiration dates for GO TEXAN membership renewal and fees, without changes to the proposal published in the June 2, 2006, issue of the Texas Register (31 TexReg 4541). The amendment to §17.52 is adopted make subsection (g) consistent with the department's current practice of providing applicant's access to the GO TEXAN mark by means other than hard copies. The amendments to §17.55 are adopted to change the procedures for renewal of a GO TEXAN membership to conform with the recent amendment of §17.52 that changed the expiration date of a membership registration from August 31 to the last day of the month corresponding to the registration anniversary date. In addition, the amendments to §17.55 are adopted to allow members to renew and receive a full year of benefits, no matter when they renew within the 366 days of the due date, thereby retaining higher membership enrollment. 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.

No comments were received on the proposal.

The amendments to §17.52 and §17.55 are adopted 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; and the Code, §12.0175, which provides that the department, by rule, may establish programs to promote and market agricultural products and other products grown, processed, or produced in the state, and adopt rules necessary to administer a program established under this section.

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 July 6, 2006.

TRD-200603625

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: July 26, 2006

Proposal publication date: June 2, 2006

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


Chapter 21. CITRUS

Subchapter C. CITRUS BUDWOOD CERTIFICATION PROGRAM

4 TAC §21.30, §21.40

The Texas Department of Agriculture (the department) adopts amendments to §21.30 and new §21.40, concerning the citrus budwood certification program, without changes to the proposal as published in the June 2, 2006, issue of the Texas Register (31 TexReg 4542). The amendments and new section are adopted to define two terms, to classify specified varieties of citrus as mandatory with regard to the use of certified budwood in their production and to establish requirements related to the production of those varieties.

The amendments to §21.30 define mandatory variety and mandatory. New §21.40 requires certified budwood be used for the production of "Rio Red" grapefruit trees, "Standard" and "Olinda" valencia orange trees, "N-33" navel orange trees, "Marrs" and "Pineapple" orange trees, "Meyer" lemon trees, plus "Thorny Mexican" and "Thornless Mexican" lime trees produced in Texas on or after September 1, 2006. The adoption of the amendments and new section will allow for an adequate supply of citrus trees produced with pest free citrus budwood.

No comments were received on the proposal.

The amendments to §21.30, and new §21.40, are adopted under the Texas Agriculture Code (the Code), §19.006, which provides the department with authority, with the advice of the Citrus Budwood Advisory Council, to adopt rules necessary to administer the citrus budwood certification program; and the Code, §71.005, which provides the department with the authority to adopt rules as necessary to restrict movement of plants, plant products, and other substances for the effective enforcement and administration of Chapter 71.

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 July 6, 2006.

TRD-200603624

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Effective date: July 26, 2006

Proposal publication date: June 2, 2006

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