TITLE 4. AGRICULTURE

PART 1. TEXAS DEPARTMENT OF AGRICULTURE

CHAPTER 26. FOOD AND NUTRITION DIVISION

SUBCHAPTER B. NUTRITION WORKING GROUPS

4 TAC §26.20

The Texas Department of Agriculture (Department) proposes the repeal of 4 Texas Administrative Code §26.20, regarding the Early Childhood Health and Nutrition Interagency Council.

The Early Childhood Health and Nutrition Interagency Council, which was created by Chapter 116, Texas Health and Safety Code, previously issued its final report and is no longer operational. Section 56 of Senate Bill 703, 87th Texas Legislature, Regular Session (2021), among other things, repealed Chapter 116, Texas Health and Safety Code. As a result of the repeal of Chapter 116, Texas Health and Safety Code, rules for the Early Childhood Health and Nutrition Interagency Council are no longer necessary.

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

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

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

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

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

5. the proposed repeal does not create a new regulation;

6. the proposed repeal will repeal an existing regulation;

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

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

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT: Lisa Hoyt, Deputy General Counsel for Food and Nutrition, has determined that for each year of the first five years the proposed repeal is in effect, enforcing or administering the proposed repeal does not have foreseeable implications relating to costs or revenues of state or local governments.

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

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 repeal, therefore preparation of an economic impact statement and a regulatory flexibility analysis, as detailed under Texas Government Code, §2006.002, are not required.

Comments on the proposed repeal 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 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 Code. No other sections are affected by this repeal.

§26.20.Early Childhood Health and Nutrition Interagency Council.

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 September 14, 2021.

TRD-202103649

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: October 31, 2021

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