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) adopts 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 repeals are adopted without changes to the proposed text as published in the July 29, 2022, issue of the Texas Register (47 TexReg 4399) and will not be republished.

The Department adopts 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S.B. 703 repealed Section 74.003(d) of the Texas Agriculture Code, related to administrative committees for cotton pest management zones, which necessitates the repeal of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S.B. 703 also repealed Section 74.120(d) of the Texas Agriculture Code, related to an advisory committee to assist the commissioner of agriculture in the development of rules to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 adopts 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.

The Department received no comments on the proposed repeals.

The repeals are adopted 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.

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 September 1, 2022.

TRD-202203475

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Effective date: September 21, 2022

Proposal publication date: July 29, 2022

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