TITLE 4. AGRICULTURE

PART 2. TEXAS ANIMAL HEALTH COMMISSION

CHAPTER 42. RURAL VETERINARIAN INCENTIVE PROGRAM

4 TAC §§42.1, 42.3, 42.5, 42.7, 42.9, 42.11, 42.13, 42.15, 42.17, 42.19, 42.21, 42.23

The Rural Veterinarian Incentive Program Committee (Committee) in a duly noticed meeting on May 4, 2023, adopted new Chapter 42, §§42.1, 42.3, 42.5, 42.7, 42.9, 42.11, 42.13, 42.15, 42.17, 42.19, 42.21, 42.23. These sections are adopted without changes to the proposed text published in the March 10, 2023, issue of the Texas Register (48 TexReg 1377) and will not be republished.

JUSTIFICATION FOR RULE ACTION

House Bill 1259 of the 87th Legislature, effective September 1, 2021, transferred administration of the Rural Veterinarian Incentive Program (Program) to the Texas Animal Health Commission (Commission) and established the Rural Veterinarian Incentive Program Committee (Committee). Texas Education Code §56.103(d) mandated that the Committee adopt rules to select participants of the Program, provide for the request to distribute money from the account for the Program, establish criteria necessary for qualification as a rural sponsor, govern agreements of financial support between the rural sponsor and an eligible participant, and other rules and procedures necessary to administer the Program.

Rule 42.1 sets out the authority to establish procedures to administer the Program and states that the purpose of the Program is to encourage veterinary students and recent graduates to practice veterinary medicine in rural counties in Texas.

Rule 42.3 specifies the administrative duties of Commission and the Texas Higher Education Coordinating Board.

Rule 42.5 sets out the definitions used in the rules.

Rule 42.7 specifies the Commission's role in publishing information about the Program and directs the Commission to publish applications for the Program on its website.

Rule 42.9 enumerates the eligibility requirements under the Program.

Rule 42.11 directs the Commission to screen each application for eligibility and completeness.

Rule 42.13 specifies the Program application evaluation criteria and specifies the process the Committee uses to score, rank, and select participants.

Rule 42.15 enumerates the instances where an application can be denied. The rule also allows for the voluntary withdrawal of an application and the opportunity for applicants to reapply in future application rounds.

Rule 42.17 provides the eligibility requirements to be a rural community sponsor under the Program.

Rule 42.19 sets out the requirements for an eligible loan under the Program.

Rule 42.21 specifies the amount of financial support that may be awarded under the Program and explains that the amount of financial support is contingent on available funding.

Rule 42.23 sets the required terms for the financial agreement a participant must enter to receive financial support as part of the Program.

HOW THE RULES WILL FUNCTION

The new chapter establishes all rules under the Program including guidelines to select participants, guidelines to distribute funds to participants, criteria necessary for qualification as a rural sponsor, and other rules and procedures necessary to administer the Program.

SUMMARY OF COMMENTS RECEIVED AND COMMISSION RESPONSE

The 30-day comment period ended January 22, 2023.

During this period, the Commission received comments regarding the proposed rules from five individual commenters. A summary of comments relating to the rules and Commission's responses follows.

Comments:

One individual commenter, a veterinarian practicing in Texas, commented that a county population of less than 100,000 encompassed too many counties and that the definition should be lowered to counties with populations less than 50,000.

The other four individual commenters are also veterinarians who practice in Texas. These commenters generally note how challenging it is to fill needed veterinarian positions in rural counties in Texas. These commenters note that many veterinarians of retirement age are hesitant to retire because it would leave the community with no veterinarians. The commenters note that loan repayment will provide an additional incentive to bring much-needed veterinarians into Texas rural communities. One of the commenters noted that the ability to repay student loans are a big concern for new veterinarian graduates.

Response: The Committee thanks the commenters for the feedback and appreciate their devotion and commitment to the field of veterinary medicine. No changes were made as a result of these comments.

STATUTORY AUTHORITY

The rules are adopted under the Texas Education Code, §56.103, which requires the Committee to adopt rules to select participants of the Program, provide for the request to distribute money from the account for the Program, establish criteria necessary for qualification as a rural sponsor, govern agreements of financial support between the rural sponsor and an eligible participant, and other rules and procedures necessary to administer the Program.

The adopted new rules implement the Texas Education Code, §§56.101-56.106.

No other statutes, articles, or codes are affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 4, 2023.

TRD-202301637

Jeanine Coggeshall

General Counsel

Texas Animal Health Commission

Effective date: May 24, 2023

Proposal publication date: March 10, 2023

For further information, please call: (512) 719-0718


PART 13. PRESCRIBED BURNING BOARD

CHAPTER 225. GENERAL PROVISIONS

4 TAC §§225.1 - 225.4

The Texas Prescribed Burning Board (Board), a semi-independent board administratively attached to the Texas Department of Agriculture (Department), adopts amendments to Texas Administrative Code (TAC), Title 4, Part 13, §§225.1 - 225.4. The amendments are adopted without changes to the proposed text as published in the March 31, 2023, issue of the Texas Register (48 TexReg 1685) and will not be republished.

The Board identified the need for the amendments during its rule review conducted pursuant to Texas Government Code, §2001.039, the adoption of which can be found in the March 31, 2023 issue of the Texas Register (48 TexReg 1738).

The adopted amendments to §225.1 remove definitions of terms that are no longer used in 4 TAC Part 13 and clarify the definition of "sponsor."

The adopted amendments to §225.2 add "certified and insured" before "prescribed burn manager" to standardize terminology used in 4 TAC Part 13 and remove language redundant to language contained within related statutes.

The adopted amendments to §225.3 remove an unnecessary cross reference to TCEQ rules.

The adopted amendments to §225.4 make editorial changes and remove the 30-day deadline for certified and insured prescribed burn managers to notify the Department of changes to their information.

No public comments were received regarding the proposed rule amendments.

The amendments are adopted under Texas Natural Resources Code, §153.046, which provides that the Board, by rule, shall establish standards for prescribed burning, certification, recertification, and training for certified and insured prescribed burn managers, and establish minimum education, professional and insurance requirements for certified and insured prescribed burn managers and instructors.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 5, 2023.

TRD-202301648

Skyler Shafer

Assistant General Counsel

Prescribed Burning Board

Effective date: May 25, 2023

Proposal publication date: March 31, 2023

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


CHAPTER 226. REQUIREMENTS FOR CERTIFICATION BY THE BOARD

4 TAC §§226.1 - 226.3, 226.5 - 226.7

The Texas Prescribed Burning Board (Board), a semi-independent board administratively attached to the Texas Department of Agriculture (Department), adopts amendments to Texas Administrative Code, Title 4, Part 13, §§226.1 - 226.3 and §§226.5 - 226.7. The amendments to §§226.1 - 226.3 and 226.5 - 226.7 are adopted without changes to the proposed text as published in the March 31, 2023, issue of the Texas Register (48 TexReg 1687) and will not be republished.

The Board identified the need for the amendments during its rule review conducted pursuant to Texas Government Code, §2001.039, the adoption of which can be found in the March 31, 2023, issue of the Texas Register (48 TexReg 1738).

The adopted amendments to §226.1 reorganize cross references to other Board rules.

The adopted amendments to §226.2 remove redundant language relating to compliance and renewal, which is already addressed by statute and other rules.

The adopted amendments to §226.3 clarify the necessary experience required to become a certified and insured prescribed burn manager and remove unnecessary language.

The adopted amendments to §226.5 remove the subsection that provides fees will be prorated based on when an application is submitted and make editorial changes.

The adopted amendments to §226.6 allow the Department, in addition to the Board, to approve deadline extensions and make editorial changes.

The adopted amendments to §226.7 remove the subsection related to reciprocity with New Mexico, Oklahoma, Louisiana, or a federal agency and make editorial changes.

No public comments were received regarding the proposed rule amendments.

The amendments are adopted under Texas Natural Resources Code, §153.046, which provides that the Board, by rule, shall establish standards for prescribed burning, certification, recertification, and training for certified and insured prescribed burn managers, and establish minimum education, professional and insurance requirements for certified and insured prescribed burn managers and instructors.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 5, 2023.

TRD-202301649

Skyler Shafer

Assistant General Counsel

Prescribed Burning Board

Effective date: May 25, 2023

Proposal publication date: March 31, 2023

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


CHAPTER 227. REQUIREMENTS FOR CERTIFIED AND INSURED PRESCRIBED BURN MANAGERS

The Texas Prescribed Burning Board (Board), a semi-independent board administratively attached to the Texas Department of Agriculture (Department), adopts amendments to Texas Administrative Code, Title 4, Part 13, §227.1 and §227.4, and the repeal of §227.3. The amendments and repeal are adopted without changes to the proposed text as published in the March 31, 2023 issue of the Texas Register (48 TexReg 1689) and will not be republished.

The Board identified the need for the amendments and repeal during its rule review conducted pursuant to Texas Government Code, §2001.039, the adoption of which can be found in the March 31, 2023, issue of the Texas Register (48 TexReg 1738).

The adopted amendments to §227.1 require documentation of any conditions, endorsements, exceptions or limitations to the liability insurance policy carried by a certified and insured prescribed burn manager to be disclosed to the Department, in addition to the Board; require proof of insurance to be submitted annually instead of by December 31; and make editorial changes.

The adopted repeal of §227.3 clarifies the necessary experience required to become a certified and insured prescribed burn manager and removes unnecessary, redundant language.

The adopted amendments to §227.4 change the requirements for maintenance of prescribed burn records and make editorial changes.

No public comments were received regarding the proposed amendments or repeal.

4 TAC §227.1, §227.4

The amendments are adopted under Texas Natural Resources Code, §153.046, which provides that the Board, by rule, shall establish standards for prescribed burning, certification, recertification, and training for certified and insured prescribed burn managers, and establish minimum education, professional and insurance requirements for certified and insured prescribed burn managers and instructors.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 5, 2023.

TRD-202301650

Skyler Shafer

Assistant General Counsel

Prescribed Burning Board

Effective date: May 25, 2023

Proposal publication date: March 31, 2023

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


4 TAC §227.3

The repeal is adopted under Texas Natural Resources Code, §153.046, which provides that the Board, by rule, shall establish standards for prescribed burning, certification, recertification, and training for certified and insured prescribed burn managers, and establish minimum education, professional and insurance requirements for certified and insured prescribed burn managers and instructors.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 5, 2023.

TRD-202301651

Skyler Shafer

Assistant General Counsel

Prescribed Burning Board

Effective date: May 25, 2023

Proposal publication date: March 31, 2023

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


CHAPTER 228. PROCEDURES FOR CERTIFIED AND INSURED PRESCRIBED BURN MANAGERS

4 TAC §§228.1 - 228.4

The Texas Prescribed Burning Board (Board), a semi-independent board administratively attached to the Texas Department of Agriculture (Department), adopts amendments to Texas Administrative Code, Title 4, Part 13, §§228.1 - 228.4. The amendments are adopted without changes to the proposed text as published in the March 31, 2023, issue of the Texas Register (48 TexReg 1691) and will not be republished.

The Board identified the need for the amendments during its rule review conducted pursuant to Texas Government Code, §2001.039, the adoption of which can be found in the March 31, 2023 issue of the Texas Register (48 TexReg 1738).

The adopted amendments to §228.1 change burn plan requirements to include a burn/no burn checklist.

The adopted amendments to §228.2 require notice of prescribed burns to be provided in advance to the local county dispatch office and the Texas A&M Forest Service central dispatch office and remove unnecessary language.

The adopted amendments to §228.3 change the requirement that a certified and insured prescribed burn manager (CIPBM) be present during a prescribed burn to instead require the CIPBM to be present during an active prescribed burn, as determined by the CIPBM, and remove unnecessary language.

The adopted amendments to §228.4 remove notification requirements for conducting burns during a burn ban that no longer reflect current practice and make editorial changes.

No public comments were received regarding the proposed amendments.

The amendments are adopted under Texas Natural Resources Code, §153.046, which provides that the Board, by rule, shall establish standards for prescribed burning, certification, recertification, and training for certified and insured prescribed burn managers, and establish minimum education, professional and insurance requirements for certified and insured prescribed burn managers and instructors.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 5, 2023.

TRD-202301652

Skyler Shafer

Assistant General Counsel

Prescribed Burning Board

Effective date: May 25, 2023

Proposal publication date: March 31, 2023

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


CHAPTER 229. CONTINUING FIRE TRAINING

4 TAC §§229.1 - 229.4

The Texas Prescribed Burning Board (Board), a semi-independent board administratively attached to the Texas Department of Agriculture (Department), adopts amendments to Texas Administrative Code, Title 4, Part 13, §§229.1 - 229.4, concerning continuing fire training. The amendments are adopted without changes to the proposed text as published in the March 31, 2023, issue of the Texas Register (48 TexReg 1693) and will not be republished.

The Board identified the need for the amendments during its rule review conducted pursuant to Texas Government Code, §2001.039, the adoption of which can be found in the March 31, 2023, issue of the Texas Register (48 TexReg 1738).

The adopted amendments to §229.1 add wildland firefighting to the list of eligible continuing fire training activities for clarity and change "CFT credits" to "CFT hours."

The adopted amendments to §229.2 change "CFT credit" to "CFT hours" and make editorial changes.

The adopted amendments to §229.3 remove the requirement for CFT training activities to be submitted for approval 30 days prior to the CFT activity, add a cross reference to another rule, change the topics that CFT activities can cover, and make editorial changes.

The adopted amendments to §229.4 allow a Lead Burn Instructor to approve CFT activities, require sponsors of CFT activities to provide a completed Board Form 607 to participants, and make editorial changes.

No public comments were received regarding the proposed amendments.

The amendments are adopted under Texas Natural Resources Code, §153.046, which provides that the Board, by rule, shall establish standards for prescribed burning, certification, recertification, and training for certified and insured prescribed burn managers, and establish minimum education, professional and insurance requirements for certified and insured prescribed burn managers and instructors.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 5, 2023.

TRD-202301653

Skyler Shafer

Assistant General Counsel

Prescribed Burning Board

Effective date: May 25, 2023

Proposal publication date: March 31, 2023

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


CHAPTER 230. LEAD BURN INSTRUCTOR REQUIREMENTS

4 TAC §§230.1 - 230.4

The Texas Prescribed Burning Board (Board), a semi-independent board administratively attached to the Texas Department of Agriculture (Department), adopts amendments to Texas Administrative Code, Title 4, Part 13, §§230.1 - 230.4. The amendments are adopted without changes to the proposed text as published in the March 31, 2023, issue of the Texas Register (48 TexReg 1695) and will not be republished.

The Board identified the need for the amendments during its rule review conducted pursuant to Texas Government Code, §2001.039, the adoption of which can be found in the March 31, 2023, issue of the Texas Register (48 TexReg 1738).

The adopted amendments to §230.1 change the requirements for lead burn instructor eligibility.

The adopted amendments to §230.2 remove unnecessary language.

The adopted amendments to §230.3 make editorial changes and add recommended curriculum topics to certified and insured prescribed burn manager training courses.

The adopted amendments to §230.4 allow the Board to designate a member to develop and approve the standardized test to be administered to all applicants seeking status as a certified and insured prescribed burn manager, remove a subsection related to the appointment of subcommittee to approve the test, and make editorial changes.

No public comments were received regarding the proposed amendments.

The amendments are adopted under Texas Natural Resources Code, §153.046, which provides that the Board, by rule, shall establish standards for prescribed burning, certification, recertification, and training for certified and insured prescribed burn managers, and establish minimum education, professional and insurance requirements for certified and insured prescribed burn managers and instructors.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 5, 2023.

TRD-202301654

Skyler Shafer

Assistant General Counsel

Prescribed Burning Board

Effective date: May 25, 2023

Proposal publication date: March 31, 2023

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