TITLE 4. AGRICULTURE

PART 1. TEXAS DEPARTMENT OF AGRICULTURE

CHAPTER 17. MARKETING AND PROMOTION

SUBCHAPTER A. TEXAS COMMODITY REFERENDUM LAW

The Texas Department of Agriculture (Department) proposes the repeal of Title 4, Part 1, Chapter 17, Subchapter A, Texas Commodity Referendum Law, Division 1, General Rules, §§17.1 - 17.10, and §17.12; Division 2, Texas Beef Checkoff Program, §§17.20 - 17.25; and Division 3, Texas Grain Producer Indemnity Fund Program, §§17.26 - 17.29. Subchapter A of Chapter 17 is proposed for repeal and shall be moved to Title 4, Part 1, Chapter 23, related to new proposed Texas Commodity Law (Chapter 23), which is filed and proposed simultaneously at the time of this submission.

Jessica Escobar, Assistant General Counsel, has determined that for the first five-year period after the proposed repeals take effect, there will be no fiscal impact for state government. There is no fiscal impact for local governments.

Ms. Escobar has also determined that for each year of the first five years the proposed repeals are in effect there will be no adverse fiscal impact on individuals, or small or micro-businesses as a result of the proposed repeals.

Written comments on the proposal may be submitted to Jessica Escobar, Assistant General Counsel, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711 or to Jessica. Escobar@Texasagriculture.gov. Written comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register.

DIVISION 1. GENERAL RULES

4 TAC §§17.1 - 17.10, 17.12

The proposal is made pursuant to Chapter 41 of the Agriculture Code, which provides the Department with the authority to adopt rules to administer its duties under the Code.

The code affected by the proposal is Texas Agriculture Code, Chapter 41.

§17.1.Certification of Commodity Organizations.

§17.2.Notice of Referendum and Election.

§17.3.Conduct of Elections; Ballots; Canvass; Reporting.

§17.4.Certification of the Board.

§17.5.Assessment of Funds.

§17.6.Expending Funds and Budget Approval.

§17.7Geographic Representation on Board.

§17.8.Discontinuance of Assessment.

§17.9.Penalty and Remedies.

§17.10.Restrictions on Use of Producer Assessments.

§17.12.Disposition of Funds Held by the Southern Rolling Plains Cotton Producers Board.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 28, 2017.

TRD-201703364

Jessica Escobar

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: October 8, 2017

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


DIVISION 2. TEXAS BEEF CHECKOFF PROGRAM

4 TAC §§17.20 - 17.25

The proposal is made pursuant to Chapter 41 of the Agriculture Code, which provides the Department with the authority to adopt rules to administer its duties under the Code.

The code affected by the proposal is Texas Agriculture Code, Chapter 41.

§17.20.Scope and Applicability.

§17.21.Definitions.

§17.22.Voter Eligibility.

§17.23.Conduct of Referendum; Ballots; Canvass.

§17.24.Council Duties; Reporting Requirements.

§17.25.Collection of Assessment; Refunds.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 28, 2017.

TRD-201703365

Jessica Escobar

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: October 8, 2017

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


DIVISION 3. TEXAS GRAIN PRODUCER INDEMNITY FUND PROGRAM

4 TAC §§17.26 - 17.29

The proposal is made pursuant to Chapter 41 of the Agriculture Code, which provides the Department with the authority to adopt rules to administer its duties under the Code.

The code affected by the proposal is Texas Agriculture Code, Chapter 41.

§17.26.Scope and Applicability.

§17.27.Definitions.

§17.28.Voter Eligibility.

§17.29.Conduct of Referendum; Ballots; Canvass and Watchers; Recounts.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 28, 2017.

TRD-201703366

Jessica Escobar

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: October 8, 2017

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


PART 6. TEXAS GRAIN PRODUCER INDEMNITY BOARD

CHAPTER 90. TEXAS GRAIN PRODUCER INDEMNITY FUND PROGRAM RULES

The Texas Department of Agriculture (Department), on behalf of the Texas Grain Producer Indemnity Board (Board), proposes the repeal of Title 4, Part 6, Chapter 90, Subchapter A, General Provisions, §90.1; Subchapter B, Board Members, §§90.20 - 90.24; Subchapter C, Producer Assessments, §§90.30 - 90.38 Subchapter D, Claims, §§90.40 - 90.46; Subchapter E, Appeals, Remedies, §90.50 and §90.51. These sections of Chapter 90 are proposed for repeal and shall be moved to Title 4, Part 1, Chapter 23, related to Texas Commodity Law (Chapter 23), which is filed and proposed simultaneously at the time of this submission.

The Department makes this administrative change on behalf of the Board due to the fact that it was designated "inactive" during the 85th Regular Legislative Session.

Jessica Escobar, Assistant General Counsel, has determined that for the first five-year period the proposed repeals are in effect, there will be no fiscal impact for state government. There is no fiscal impact for local governments.

Ms. Escobar has also determined that for each year of the first five years the proposed repeals are in effect will be no adverse fiscal impact on individuals, small or micro businesses as a result of the proposed repeals.

Written comments on the proposal may be submitted to Jessica Escobar, Assistant General Counsel, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711 or to Jessica. Escobar@Texasagriculture.gov. Written comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register.

SUBCHAPTER A. GENERAL PROVISIONS

4 TAC §90.1

The repeals are proposed pursuant to §41.211 of the Agriculture Code, which provides the Board with the authority to adopt rules to administer its duties under the Code.

The code affected by the proposal is Texas Agriculture Code, Chapter 41.

§90.1.Definitions.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 28, 2017.

TRD-201703382

Jessica Escobar

Assistant General Counsel

Texas Grain Producer Indemnity Board

Earliest possible date of adoption: October 8, 2017

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


SUBCHAPTER B. BOARD MEMBERS

4 TAC §§90.20 - 90.24

The repeals are proposed pursuant to §41.211 of the Agriculture Code, which provides the Board with the authority to adopt rules to administer its duties under the Code.

The code affected by the proposal is Texas Agriculture Code, Chapter 41.

§90.20Meetings.

§90.21.Election of Officers.

§90.22.Management of Budget.

§90.23.Selection of Board Agents.

§90.24.Reporting Requirements.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 28, 2017.

TRD-201703383

Jessica Escobar

Assistant General Counsel

Texas Grain Producer Indemnity Board

Earliest possible date of adoption: October 8, 2017

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


SUBCHAPTER C. PRODUCER ASSESSMENTS

4 TAC §§90.30 - 90.38

The repeals are proposed pursuant to §41.211 of the Agriculture Code, which provides the Board with the authority to adopt rules to administer its duties under the Code.

The code affected by the proposal is Texas Agriculture Code, Chapter 41.

§90.30.Maximum Assessment Rate.

§90.31.Assessment Calculation.

§90.32.Notice to Grain Buyers.

§90.33.Grain Buyer Collection.

§90.34.Remittance of Assessment.

§90.35.Grain Producer Reporting.

§90.36.Refunds.

§90.37.Discontinuance of Assessment.

§90.38.Restrictions on Use of Producer Assessments.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 28, 2017.

TRD-201703384

Jessica Escobar

Assistant General Counsel

Texas Grain Producer Indemnity Board

Earliest possible date of adoption: October 8, 2017

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


SUBCHAPTER D. CLAIMS

4 TAC §§90.40 - 90.46

The repeals are proposed pursuant to §41.211 of the Agriculture Code, which provides the Board with the authority to adopt rules to administer its duties under the Code.

The code affected by the proposal is Texas Agriculture Code, Chapter 41.

§90.40.Initiation of Claim.

§90.41.Claim Review and Determination.

§90.42.Denial of Claim.

§90.43.Award.

§90.44.Subrogation.

§90.45.Borrowing Funds.

§90.46.Use of Reinsurance.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 28, 2017.

TRD-201703386

Jessica Escobar

Assistant General Counsel

Texas Grain Producer Indemnity Board

Earliest possible date of adoption: October 8, 2017

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


SUBCHAPTER E. APPEALS, REMEDIES

4 TAC §90.50, §90.51

The repeals are proposed pursuant to §41.211 of the Agriculture Code, which provides the Board with the authority to adopt rules to administer its duties under the Code.

The code affected by the proposal is Texas Agriculture Code, Chapter 41.

§90.50.Administrative Review.

§90.51.Penalty and Remedies.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 28, 2017.

TRD-201703387

Jessica Escobar

Assistant General Counsel

Texas Grain Producer Indemnity Board

Earliest possible date of adoption: October 8, 2017

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