PART 1. TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 17. MARKETING AND PROMOTION
SUBCHAPTER G. GO TEXAN PARTNER PROGRAM RULES
The Texas Department of Agriculture (the department) proposes an amendment to Chapter 17, Subchapter G, §17.308, concerning the use of Go Texan Partner Program (GOTEPP) funds. The amendment is proposed to add a subsection to prohibit a person from receiving GOTEPP grant funds, either as an applicant or a vendor, during a period of time that the person is acting as an agent for an applicant for GOTEPP grant funds.
Gene Richards, Assistant Commissioner for Marketing and Promotions, has determined that, for the first five-year period the proposed amendment is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the section, as amended.
Mr. Richards has also determined that for the first five years that the proposed amendment is in effect, the public benefit of the proposed amendment will add transparency to the process of expending grant funds. There will be no effect on microbusinesses, small businesses or persons required to comply with the amended section, as proposed, therefore, no regulatory flexibility analysis is required.
Written comments on the proposal may be submitted to Gene Richards, Assistant Commissioner for Marketing and Promotions, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Written comments must be received no later than 30 days from the date of publication of the proposed amendment in the Texas Register.
The amendment of §17.308 is proposed under Agriculture Code (the Code), §46.012, which provides the department with the authority to adopt rules to administer Chapter 46 of the Code, relating to the Go Texan Partner Program; and §46.005, which authorizes the department to establish standards for the use of grants and matching funds.
Texas Agriculture Code, Chapter 46, is affected by the proposal.
§17.308.Use of Funds.
(a) - (g) (No change.)
(h) A person may not receive GO TEXAN program funds as a vendor or applicant during any grant award period or agreement term during which the person is also acting as an agent for an applicant.
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 15, 2009.
TRD-200901925
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 28, 2009
For further information, please call: (512) 463-4075