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) proposes
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.
The amendment to §17.52 is proposed to 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 proposed 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.
Delane Caesar, Senior Policy Advisor for Marketing and Promotion, 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.
Ms. Caesar 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 allow members to renew and receive a full year of
benefits, no matter when they renew within the 366 days of the due date. This
will encourage members to renew by knowing that the fee will last a full year
instead of expiring on August 31, 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. There is no additional cost anticipated to micro-businesses,
small businesses or individuals required to comply with the amendment.
Comments on the proposal may be submitted to Delane Caesar, Senior Policy
Advisor for Marketing and Promotion, 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 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. 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.
The code affected by the proposal is the Texas Agriculture Code, Chapter
12.
§17.52.Application for Registration to Use the TAP, Taste of Texas, Vintage Texas, Texas Grown, Naturally Texas, or GO TEXAN and Design Mark.
(a) - (f)
(No change.)
(g)
Upon receipt of the registration fee, the department shall
mail to the registrant or licensee a certificate of registration, which is
valid for one year and shall expire on the last day of the month corresponding
to the license anniversary date. The department shall also
provide
[
(h) - (q)
(No change.)
§17.55.Registration of Those Entitled to Use the TAP, Taste of Texas, Vintage Texas, Texas Grown, Naturally Texas, or GO TEXAN and Design Mark.
(a)
(No change)
(b)
Procedure for annual renewal of registration of persons
authorized to use the TAP, Taste of Texas, Vintage Texas, Texas Grown, Naturally
Texas, or GO TEXAN and Design mark.
(1)
Forty-five days before the expiration date of
the
registration
[
(2)
All payments are due by the expiration date of
the
registration
[
(3)
(No change)
(4)
Failure to remit the annual registration fee
by
[
(c) - (e)
(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 May 22, 2006.
TRD-200602851
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 2, 2006
For further information, please call: (512) 463-4075
Subchapter C. CITRUS BUDWOOD CERTIFICATION PROGRAM
enclose
] copies of the mark, suitable for reproduction.
August 31
], the department shall mail to each
person previously registered or licensed to use the GO TEXAN and Design mark
a statement setting forth the amount due as an annual registration fee.
August 31
].
within 60 days of
] the due date shall result in the registrant being
designated as
inactive
[
late
]. Failure to remit the
annual registration fee within 366 days of the due date shall result in the
expiration of the registration and a new application for membership will be
required for re-instatement to the program.
Chapter 21.
CITRUS