TITLE 4. AGRICULTURE

PART 1. TEXAS DEPARTMENT OF AGRICULTURE

CHAPTER 1. GENERAL PROCEDURES

SUBCHAPTER E. ADVISORY COMMITTEES

4 TAC §1.208, §1.209

The Texas Department of Agriculture (Department) proposes the repeal of 4 Texas Administrative Code, Chapter 1, Subchapter E, §1.208, concerning Shrimp Marketing Assistance Program Advisory Committee and §1.209, concerning Wine Industry Development and Marketing Advisory Committee.

Section 56(5) of Senate Bill 703 (SB 703), 87th Texas Legislature, Regular Session (2021) repealed Texas Agriculture Code, §§47.053 and 50B.002, which provided for the creation of a shrimp advisory committee and a wine industry development advisory committee, respectively. The repeal of Texas Agriculture Code, §§47.053 and 50B.002 necessitates repeal of corresponding rules for the Shrimp Marketing Assistance Program Advisory Committee and the Wine Industry Development and Marketing Advisory Committee.

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 rules' applicability; and

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

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT: Karen Reichek, Administrator for Trade and Business Development, 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. Reichek 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. Reichek 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.

Chapter 47 and Chapter 50B, Texas Agriculture Code are affected by the repeals.

§1.208.Shrimp Marketing Assistance Program Advisory Committee.

§1.209.Wine Industry Development and Marketing Advisory 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 March 11, 2022.

TRD-202200876

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: April 24, 2022

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


CHAPTER 17. MARKETING AND PROMOTION

SUBCHAPTER F. TEXAS WINE MARKETING ASSISTANCE PROGRAM

4 TAC §17.200, §17.201

The Texas Department of Agriculture (Department) proposes amendments to 4 Texas Administrative Code, Chapter 17, Subchapter F, §17.200, concerning Definitions and §17.201, concerning Wine Marketing Assistance Program.

Section 56(5) of Senate Bill 703 (SB 703), 87th Texas Legislature, Regular Session (2021), among other things, repealed Texas Agriculture Code, §50B.002, which provided for the creation of a wine industry development advisory committee. The repeal of Texas Agriculture Code, §50B.002 necessitates the repeal of corresponding rules for the Wine Industry Development and Marketing Advisory Committee (Committee).

The proposed amendments to §17.200 remove the definition of committee, as well as definitions that are duplicative of definitions already found in 4 TAC §1.1 that apply to all Department rules. The proposed amendments reorder a definition to place it in alphabetical order.

The proposed amendments to §17.201 remove all references to the Committee and its responsibilities as well as make minor editorial changes.

LOCAL EMPLOYMENT IMPACT STATEMENT: The Department has determined that the proposed amendments 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 amendments. For each year of the first five years the proposed amendments will be in effect, the Department has determined the following:

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

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

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

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

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

6. the proposed amendments will repeal an existing regulation;

7. the proposed amendments do not increase or decrease the number of individuals subject to the rules' applicability; and

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

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT: Karen Reichek, Administrator for Trade and Business Development, has determined that for each year of the first five years the proposed amendments are in effect, enforcing or administering the proposed amendments does not have foreseeable implications relating to costs or revenues of state or local governments.

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

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 amendments, 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 amendments 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 amendments 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 Texas Agriculture Code. Chapter 50B,

Texas Agriculture Code is affected by the proposed amendments.

§17.200.Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

[(1) Committee--The Wine Industry Development and Marketing Advisory Committee, appointed by the Commissioner of Agriculture (Commissioner) pursuant to the Texas Agriculture Code, §50B.002.]

[(2) Commissioner--The Commissioner of Agriculture, Texas Department of Agriculture.]

[(3) Package store--An entity that holds a Package Store permit from the Texas Alcoholic Beverage Commission.]

[(4) Department--The Texas Department of Agriculture.]

(1) [(5)] Commission--The Texas Alcoholic Beverage Commission.

(2) Package store--An entity that holds a Package Store permit from the Texas Alcoholic Beverage Commission.

(3) [(6)] Program--The Texas Wine Marketing Assistance Program.

§17.201.Wine Marketing Assistance Program.

[(a)] The department's responsibilities under this subchapter are as follows: [.]

(1) - (2) (No change.)

[(b) The committee's responsibilities under this subchapter are as follows.]

[(1) The committee shall assist the commissioner in establishing and implementing the Texas Wine Marketing Assistance Program and the Wine Industry Development Fund; and]

[(2) The committee may advise the department on the adoption of rules relating to the administration of the Texas Wine Marketing Assistance Program and the Wine Industry Development Fund.]

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 March 11, 2022.

TRD-202200879

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: April 24, 2022

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


SUBCHAPTER H. TEXAS SHRIMP MARKETING ASSISTANCE PROGRAM

The Texas Department of Agriculture (Department) proposes amendments to 4 Texas Administrative Code, Chapter 17, Subchapter H, §17.400, concerning Definitions; §17.401, concerning Shrimp Marketing Assistance Program and Advisory Committee; and the repeal of §17.402, concerning Shrimp Marketing Assistance Program Staff. The proposed amendments and proposed repeal are collectively referred to as the proposal.

Section 56(5) of Senate Bill 703 (SB 703), 87th Texas Legislature, Regular Session (2021), among other things, repealed Texas Agriculture Code, §47.053, which provided for the creation of a shrimp advisory committee. The repeal of Texas Agriculture Code, §47.053 necessitates repeal of corresponding rules for the Shrimp Marketing Assistance Program Advisory Committee (Committee).

The proposed amendments to §17.400 remove the definition of committee, as well as definitions that are either not used in the subchapter or that are duplicative of definitions already found in 4 TAC §1.1 that apply to all Department rules.

The proposed amendments to §17.401 remove all references to the Committee and its responsibilities, as well as make minor editorial changes. The amendments also change the heading of this rule from "Shrimp Marketing Assistance Program and Advisory Committee" to "Shrimp Marketing Assistance Program."

The repeal of §17.402 is proposed because it unnecessarily duplicates the text of Texas Agriculture Code, §47.054(a).

LOCAL EMPLOYMENT IMPACT STATEMENT: The Department has determined that the proposal 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 proposal. For each year of the first five years the proposal will be in effect, the Department has determined the following:

1. the proposal does not create or eliminate a government program;

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

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

4. the proposal does not require an increase or decrease in fees paid to the Department;

5. the proposal does not create a new regulation;

6. the proposal will repeal an existing regulation;

7. the proposal does not increase or decrease the number of individuals subject to the rules' applicability; and

8. the proposal does not positively or adversely affect this state's economy.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT: Karen Reichek, Administrator for Trade and Business Development, has determined that for each year of the first five years the proposal is in effect, enforcing or administering the proposal does not have foreseeable implications relating to costs or revenues of state or local governments.

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

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 proposal, 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 proposal 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.

4 TAC §17.400, §17.401

The amendments 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 Texas Agriculture Code. Chapter 47, Texas Agriculture Code is affected by the proposed amendments.

§17.400.Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

[(1) Coastal waters--All the salt water of the state, including the portion of the Gulf of Mexico that is within the jurisdiction of the state.]

[(2) Commissioner--The Commissioner of Agriculture, Texas Department of Agriculture.]

[(3) Committee, or Advisory Committee--the Texas Shrimp Marketing Assistance Program Advisory Committee, as established by the Texas Agriculture Code, Chapter 47, Subchapter B.]

[(4) Department--The Texas Department of Agriculture.]

(1) [(5)] Program--The Texas shrimp marketing assistance program.

(2) [(6)] Texas-produced shrimp--Wild caught shrimp commercially harvested from coastal waters by a shrimp boat licensed by the Parks and Wildlife Department.

§17.401.Shrimp Marketing Assistance Program [and Advisory Committee].

(a) (No change.)

(b) The department's responsibilities under this subchapter are as follows: [.]

(1) (No change.)

(2) The department shall administer and implement the program as follows: [.]

(A) The [In consultation with the advisory committee, the] department shall adopt rules as necessary to implement the program.

(B) - (C) (No change.)

(3) (No change.)

[(c) The committee's responsibilities under this subchapter are as follows.]

[(1) The committee shall be composed of the following nine members appointed by the Commissioner:]

[(A) two owners of commercial bay shrimp boats;]

[(B) two owners of commercial gulf shrimp boats;]

[(C) one retail wild-caught shrimp dealer;]

[(D) one wholesale wild-caught shrimp dealer;]

[(E) one person employed by an institution of higher education as a researcher or instructor specializing in the area of food science, particularly seafood;]

[(F) one member of the seafood restaurant industry; and]

[(G) one representative of the public.]

[(2) Committee members serve without compensation, but may be reimbursed for expenses incurred in the direct performance of their duties on approval by the commissioner.]

[(3) Five members of the committee constitute a quorum sufficient to conduct the meetings and business of the committee.]

[(4) The committee shall assist the commissioner in establishing and implementing the Texas Shrimp Marketing Assistance Program and in the expenditure of funds appropriated for the purpose of this subchapter.]

[(5) The committee may advise the department on the adoption of rules relating to the administration of the Texas Shrimp Marketing Assistance Program.]

[(6) A committee member serves a three-year term, with the terms of three or four members expiring August 31 of each year. The commissioner may reappoint a member to the advisory committee.]

[(7) The members of the advisory committee shall elect a presiding officer from among the members and shall adopt rules governing the operation of the committee.]

[(8) The advisory committee shall meet as necessary, but not less frequently that once each calendar year, to provide guidance to the commissioner in establishing and implementing the program.]

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 March 11, 2022.

TRD-202200877

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: April 24, 2022

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


4 TAC §17.402

The repeal is 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 Texas Agriculture Code. Chapter 47, Texas Agriculture Code is affected by this repeal.

§17.402.Shrimp Marketing Assistance Program Staff.

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 March 11, 2022.

TRD-202200878

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: April 24, 2022

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