TITLE 4. AGRICULTURE

PART 1. TEXAS DEPARTMENT OF AGRICULTURE

CHAPTER 1. GENERAL PROCEDURES

SUBCHAPTER E. ADVISORY COMMITTEES

4 TAC §§1.201, 1.202, 1.204, 1.210, 1.212

The Texas Department of Agriculture (Department) proposes the repeal of 4 Texas Administrative Code, Chapter 1, Subchapter E, §1.201, concerning Citrus Budwood Advisory Council; §1.202, concerning Pest Management Zone Administrative Committees; §1.204, concerning Boll Weevil Foundation Rules Advisory Committee; §1.210, concerning Healthy Students = Healthy Families Advisory Committee, and §1.212, concerning Texas Bioenergy Policy Council and Committee.

The Department proposes the repeal of §1.201 because Section 19.005 of the Texas Agriculture Code provides for the composition, responsibilities, and oversight of the Citrus Budwood Advisory Council (Council). In addition, Senate Bill No. 703 (S.B. 703), 87th Legislature, Regular Session, 2021 amended Section 19.005 to exempt the Council from the duration requirements of Chapter 2110, Texas Government Code.

S.B. 703 repealed Section 74.003(d) of the Texas Agriculture Code related to administrative committees for cotton pest management zones, which necessitates the repeal of corresponding rules.

S.B. 703 also repealed Section 74.120(d) of the Texas Agriculture Code related to an advisory committee to assist the commissioner of agriculture in the development of rules to protect individuals, livestock, wildlife, and honeybee colonies on any premises in an eradication zone on which cotton plants are being grown that have been or are being treated to eradicate the boll weevil or the pink bollworm, which necessitates the repeal of corresponding rules.

The Department further proposes the repeal of §1.210 related to the Healthy Students = Healthy Families Advisory Committee due to a determination that a business necessity no longer exists to support this committee's continuation.

Section 3 of Senate Bill No. 1731, 85th Legislature, Regular Session, 2017 abolished the Texas Bioenergy Policy Council and the Texas Bioenergy Research Committee, which necessitates the repeal of corresponding rules.

LOCAL EMPLOYMENT IMPACT STATEMENT: The Department has determined that the proposed repeals will not affect a local economy, so the Department is not required to prepare a local employment impact statement under Texas Government Code, §2001.022.

GOVERNMENT GROWTH IMPACT STATEMENT: Pursuant to Texas Government Code, §2001.0221, the Department provides the following Government Growth Impact Statement for the proposed repeals. For each year of the first five years the proposed repeals will be in effect, the Department has determined the following:

1. the proposed repeals do not create or eliminate a government program;

2. implementation of the proposed repeals does not require the creation or elimination of employee positions;

3. implementation of the proposed repeals does not require an increase or decrease in future legislative appropriations to the Department;

4. the proposed repeals do not require an increase or decrease in fees paid to the Department;

5. the proposed repeals do not create a new regulation;

6. the proposed repeals will repeal an existing regulation;

7. the proposed repeals do not increase or decrease the number of individuals subject to the rule's applicability; and

8. the proposed repeals do not positively or adversely affect this state's economy.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT: Susan Maldonado, Lead Deputy General Counsel, has determined that for each year of the first five years the proposed repeals are in effect, enforcing or administering the proposed repeals does not have foreseeable implications relating to costs or revenues of state or local governments.

PUBLIC BENEFITS AND PROBABLE ECONOMIC COST: Ms. Maldonado has determined that for each year of the first five-year period the proposed repeals are in effect, the public benefit will be the elimination of rules that will no longer be administered by the Department. Ms. Maldonado has also determined that for each year of the first five-year period the proposed repeals are in effect, there will be no cost to persons who are required to comply with the proposed repeals.

FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES: The Department has determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed repeals, therefore preparation of an economic impact statement and a regulatory flexibility analysis, as detailed under Texas Government Code, §2006.002, is not required.

Comments on the proposed repeals may be submitted to Skyler Shafer, Assistant General Counsel, P.O. Box 12847, Austin, Texas 78711, or by email to skyler.shafer@texasagriculture.gov. The deadline for comments is 30 days after publication in the Texas Register.

The repeals are proposed under Section 12.016 of the Texas Agriculture Code, which provides that the Department may adopt rules as necessary for the administration of its powers and duties under the Code.

Chapters 12, 19 and 74, Texas Agriculture Code are affected by the proposed repeals.

§1.201.Citrus Budwood Advisory Council.

§1.202.Pest Management Zone Administrative Committees.

§1.204.Boll Weevil Foundation Rules Advisory Committee.

§1.210.Healthy Students = Healthy Families Advisory Committee.

§1.212.Texas Bioenergy Policy Council and Committee.

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 July 13, 2022.

TRD-202202674

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: August 28, 2022

For further information, please call: (512) 936-9360