TITLE 4. AGRICULTURE

PART 1. TEXAS DEPARTMENT OF AGRICULTURE

CHAPTER 1. GENERAL PROCEDURES

SUBCHAPTER K. EMPLOYEE TRAINING AND EDUCATION [ RULES]

4 TAC §§1.700 - 1.704

The Texas Department of Agriculture (Department) proposes amendments to Texas Administrative Code, Title 4, Part 1, Chapter 1, Subchapter K, §§1.700 - 1.702 and proposes new §§1.703 and 1.704. The Department identified the need for the proposed amendments and new rules during its rule review, conducted pursuant to Texas Government Code §2001.039, the adoption for which can be found in the Review of Agency Rules section of this issue.

The proposed amendment to Subchapter K title makes an editorial change for clarity.

The proposed amendments to §1.700 removes unnecessary language, makes editorial changes, and updates the citation.

The proposed amendments to §1.701 focuses the rule on employee eligibility, clarifies training versus tuition reimbursement eligibility, and removes unnecessary language.

The proposed amendments to §1.702 changes the rule to focus on employee participation and includes applicable portions of language being removed from §1.700.

Proposed new §1.703 addresses employee obligations as required by Texas Government Code, Section 656.048.

Proposed new §1.704 addresses at-will employment status of employees, including applicable portions of language being removed from §1.702, with editorial changes for clarity.

Ms. Emilia Nunes, Coordinator for Human Resources, has determined that for the first five-year period the proposed amendments and new rules are in effect, there will be no fiscal implications for the state or local governments as a result of enforcing or administering the rules.

Ms. Nunes has also determined that for each year of the first five years the proposed amendments and new rules are in effect, the public benefit will be improved readability and clarity of the rules.

Ms. Nunes has determined there are no anticipated economic costs to persons required to comply with the proposed amendments and new rules.

Ms. Nunes has provided the following government growth impact statement, as required pursuant to Texas Government Code, §2001.0221. During the first five years the proposed amendments and new rules are in effect:

(1) no government programs will be created or eliminated;

(2) no employee positions will be created or eliminated;

(3) there will be no increase or decrease in future legislative appropriations to the Department;

(4) there will be no increase or decrease in fees paid to the Department;

(5) no new regulations will be created by the proposal;

(6) there will be no expansion, limitation, or repeal of existing regulation;

(7) there will be no increase or decrease in the number of individuals subject to the rules; and

(8) there will be no positive or adverse effect on the Texas economy.

The Department has determined the proposed rules will not affect a local economy within the meaning of Government Code §2001.022 and will not have an adverse economic effect on small businesses, micro-businesses, or rural communities.

Written comments on the proposal may be submitted to Ms. Laura Ingram, Deputy General Counsel, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, or by email to: Laura.Ingram@TexasAgriculture.gov. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register.

The amendments and new rules are proposed pursuant to Section 656.048 of the Texas Government Code (Code), which requires that the Department adopt rules relating to employee eligibility and obligations for receiving training and education supported by the Department, as well as rules requiring the Department's executive head to authorize tuition reimbursement payments before an employee may be reimbursed under Section 656.047(b) of the Code.

The code affected by the proposal is Texas Government Code, Chapter 656, Subchapters C and D.

§1.700.General Provisions.

[(a) Use of state funds.] The department may use state funds to provide training and education for its employees in accordance with the provisions of the Texas Government Code, Chapter 656, Subchapters C and D [§§656.044 - 656.049].

(1) Training to be duty related. The training or education must [shall] be related to the duties or prospective duties of the employee.

[(2) Attendance may be required. A department employee may be required to attend, as part of the employee's duties, a training or education program related to the employee's duties or prospective duties.]

(2) [(3)] Training program purpose [outline]. The training and educational program of the department may include [the following four elements]:

(A) preparing for technological and legal developments;

(B) increasing work capabilities; and

[(C) increasing the number of qualified employees in areas designated by institutions of higher education as having an acute faculty shortage; and]

(C) [(D)] increasing the competence of state employees.

[(4) Purposes for which public funds may be used. The department may spend public funds as appropriate to pay the salary, tuition and other fees, travel and living expenses, training stipend, expense of training materials, and other necessary expenses of an instructor, student or other participant in training or education program. No reimbursement will be made for refundable fees and textbooks.]

[(5) Interagency coordination. The department may contract with another state, local or federal department, agency, or institution, including a state-supported college or university, to train or educate its employees or may join in presenting a training or educational program.]

[(b) Approval subject to available funds. Approval to participate in a training program is not automatic and may be subject to the availability of funds within the department's budget.]

§1.701.Employee Eligibility [Training: Reimbursement for Costs of Employee Education].

(a) Employee Training Eligibility. Employees are eligible to participate in training opportunities, subject to department policy, managerial discretion, and available funds. Eligibility for training is determined without regard to race, color, disability, religion, sex, gender, national origin, age, sexual orientation, veteran's status, genetic information, or protected activity [General. The department may reimburse, upon successful completion, the cost of tuition and non-refundable fees for GED (high school equivalency) programs and job-related courses (undergraduate and postgraduate) taken from an accredited college, university, or technical school. The reimbursement will be considered only on a course by course basis. There shall be no reimbursement for review courses, exam fees, books, lab supplies, classroom materials, schedule change fees, parking fees, lodging expenses and/or other non-mandatory fees. A degree completion study will not be funded under this program].

(b) Employee Tuition Reimbursement Eligibility. To be eligible for educational assistance tuition reimbursement, an employee must meet certain criteria detailed in department policy, including:

(1) department tenure requirement [submit a formal request to their respective Assistant Commissioner];

(2) active employment requirement [not have the cost of the tuition and non-refundable fees for which reimbursement is sought covered by any other financial assistance; however, if the employee is receiving only partial assistance from other sources, Texas Department of Agriculture (TDA) will consider partial reimbursement];

(3) minimum performance rating requirement [show a direct connection between the planned course work and current or prospective job assignments with TDA];

(4) conduct requirements [meet any special conditions that may be required by the Assistant Commissioner or Deputy Commissioner]; and

[(5) not be on probation (unless the subject educational course work is included in the terms of the probation);]

[(6) have at least all "Met Expectations" on the most recent performance appraisal on file;]

[(7) be actively employed at the time of the request for educational assistance; not be on leave without pay status when the class(es) begin; and, be employed with TDA for the entirety of the course(s);]

[(8) have been employed by TDA for at least 12 continuous months at the time the request is submitted; and]

(5) [(9)] obtain [must not have used this reimbursement policy more than once in a fiscal year, except with the] written approval for reimbursement from [of] the Deputy Commissioner.

(c) Additional criteria. The department may include additional eligibility criteria in its training and educational assistance policies for employee participation [Employee Obligation].

[(1) If the department pays for training that an employee receives, and during the training period the employee does not perform the employee's regular duties for three or more months as a result of the training, the employee must:]

[(A) work for the department following the training for at least one month for each month of the training period; or]

[(B) pay the department for all the costs associated with the training that were paid during the training period, including any amounts of the employee's salary that were paid and that were not accounted for as paid vacation or compensatory leave.]

[(2) Before an employee receives training that will be paid for by the department and during which the employee will not be performing the employee's regular duties for three months or more, the department shall require the employee to agree in writing, before the training begins, to comply with the requirements prescribed under paragraph (1) of this subsection.]

(d) Waiver of eligibility requirements. Eligibility criteria may be waived when the department requires an employee to attend, as all or part of the employee's duties, a training or education program [Obligation. The Deputy Commissioner may waive the requirements prescribed under subsection (c)(1) of this section and release an employee from the obligation to meet those requirements if the Deputy Commissioner finds that such action is in the best interest of the department or is warranted because of an extreme personal hardship suffered by the employee].

[(e) Employee Liability. If an employee does not provide the services required in accordance with requirements in subsection (c)(1)(A) of this section, provides those services for less than the required term, or fails to make payments required in accordance with subsection (c)(1)(B) of this section, and the employee is not released from the obligation to provide the services or to make the payments under subsection (d) of this section, the employee is liable to the state department for any costs described by subsection (c)(1)(B) of this section and for the department's reasonable expenses incurred in obtaining payment, including reasonable attorney's fees.]

§1.702Employee Participation [No Effect on At-Will Employment Status].

(a) Approval subject to available funds. Approval to participate in or receive reimbursement for a training and education program is not automatic and may be subject to the availability of funds within the department's budget.

(b) Attendance may be required. A department employee may be required to attend, as all or part of the employee's duties, a training or education program related to the employee's duties or prospective duties.

(c) Withdrawal of permission. The department may withdraw an employee's permission to participate in an education and training program if the department determines, in its sole discretion, that continued participation would negatively impact the employee's job duties or performance. [Approval to participate in a training program, including department-sponsored training, seminars or conferences shall not in any way affect an employee's at-will status. The approval of a training program is not a guarantee or indication that approval will be granted for subsequent training programs. Approval to participate in a training program, including department-sponsored training, seminars or conferences shall not in any way constitute a guarantee or indication of continued employment, nor shall it constitute a guarantee or indication of future employment in a current or prospective position.]

§1.703Employee Obligations.

(a) General Employee Obligations. Employees participating in the department's training and education programs are obligated to comply with department policies and procedures.

(b) Employee Reimbursement Obligations. Employees who qualify for and receive educational assistance tuition reimbursement are subject to additional obligations, including a term of continued employment or repayment of tuition reimbursement, as set forth Texas Government Code, Chapter 656, Subchapter D and in department policy.

§1.704At-Will Employment Status.

Approval to participate in the department's training and education programs, including tuition reimbursement, shall not in any way affect and employee's at-will status. Participation in these programs does not constitute a guarantee or indication of continued or future employment in a current or prospective position.

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 August 19, 2022.

TRD-202203139

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: October 2, 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 - 17.202

The Texas Department of Agriculture (Department) proposes the repeal of 4 Texas Administrative Code §17.200, concerning Definitions; §17.201, concerning Wine Marketing Assistance Program; and §17.202, concerning Package Store Participation. The Department identified the need for the proposed repeals during its rule review of Chapter 17, Subchapter F, conducted pursuant to Texas Government Code §2001.039, the adoption for which can be found in the Review of Agency Rules section of this issue.

The repeal of §17.200 is proposed because the repeal of other sections in this subchapter make definitions unnecessary.

The repeal of §17.201 is proposed because it unnecessarily duplicates text found within Texas Alcoholic Beverage Code, §110.051 and no business reason for the rule currently exists.

The repeal of §17.202 is proposed because Texas Alcoholic Beverage Code, §110.052, which was the basis for the rule at the time of its adoption, was amended by Section 4 of Senate Bill 877, 79th Texas Legislature, Regular Session (2005), and as a result the basis for the rule no longer exists.

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: 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 unnecessary rules. 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 Karen Reichek, Administrator for Trade and Business Development, P.O. Box 12847, Austin, Texas 78711, or by email to Karen.Reichek@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 Texas Agriculture Code and Section 110.002 of the Texas Alcoholic Beverage Code, which authorizes the Department to adopt rules as necessary to implement the Texas Wine Marketing Assistance Program. Chapter 50B, Texas Agriculture Code and Chapter 110, Texas Alcoholic Beverage Code are affected by the proposed repeals.

§17.200.Definitions.

§17.201.Wine Marketing Assistance Program.

§17.202.Package Store Participation.

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 August 22, 2022.

TRD-202203154

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: October 2, 2022

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


SUBCHAPTER H. TEXAS SHRIMP MARKETING ASSISTANCE PROGRAM

4 TAC §17.400, §17.401

The Texas Department of Agriculture (Department) proposes the repeal of 4 Texas Administrative Code §17.400, concerning Definitions and §17.401, concerning Shrimp Marketing Assistance Program. The Department identified the need for the proposed repeals during its rule review of Chapter 17, Subchapter H, conducted pursuant to Texas Government Code §2001.039, the adoption for which can be found in the Review of Agency Rules section of this issue.

The repeals of §17.400 and §17.401 are proposed because they unnecessarily duplicate text found within Texas Agriculture Code, Chapter 47 and no business reason for the rules exists.

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: 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 unnecessary rules. 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 Karen Reichek, Administrator for Trade and Business Development, P.O. Box 12847, Austin, Texas 78711, or by email to Karen.Reichek@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 Texas Agriculture Code. Chapter 47, Texas Agriculture Code is affected by the proposed amendments.

§17.400.Definitions.

§17.401.Shrimp Marketing Assistance 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 August 22, 2022.

TRD-202203156

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Earliest possible date of adoption: October 2, 2022

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


PART 5. STATE SEED AND PLANT BOARD

CHAPTER 81. CERTIFICATION PROCEDURES

4 TAC §81.2

The Texas Department of Agriculture (Department), on behalf of the State Seed and Plant Board (Board), proposes the repeal of Title 4, Part 5, Chapter 81, concerning Certification Procedures.

The Board identified the need for the proposed repeal during its rule review of this chapter conducted pursuant to Texas Government Code, §2001.039 (Agency Review of Existing Rules), the adoption for which can be found in the Review of Agency Rules section of this issue of the Texas Register.

The proposed repeal is necessary because the provisions of its single rule, §81.2, involving instructions for submitting seed certification applications and ordering certification labels are outdated and no longer applicable. Current instructions are located on the Seed Quality Program's webpage of the Department's website.

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT: Mr. Randy Rivera, Director for Agricultural Commodity Programs, Texas Department of Agriculture, has determined that for each year of the first five years the proposed repeal is in effect, enforcing or administering the repeal does not have foreseeable implications relating to cost or revenues of the state or local governments.

PUBLIC BENEFITS: Mr. Rivera has also determined that for each year of the first five years the proposed repeal is in effect, the public benefit will be improved clarity of procedures related to certification processes for seeds and plants by the Board.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL: Mr. Rivera has determined that for each year of the first five years the proposed repeal is in effect, there will be no costs to persons who are required to comply with the proposed repeals.

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

GOVERNMENT GROWTH IMPACT STATEMENT: Pursuant to 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 will not create or eliminate a government program;

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

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

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

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

6. the proposed repeal will repeal an existing regulation;

7. the proposed repeal will not increase or decrease the number of individuals subject to the rules; and

8. the proposed repeal will not affect this state's economy.

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, is not required.

Comments on the proposed repeal may be submitted by mail to Mr. Morris Karam, Assistant General Counsel, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, or by email to Morris.Karam@TexasAgriculture.gov. The deadline for comments is 30 days after publication in the Texas Register.

The repeal of Chapter 81 is proposed under 62.004 of the Texas Agriculture Code which allows the State Seed and Plant Board to establish procedures for certification of genetic purity and identity for kinds and varieties of seeds and plants.

The code affected by the proposal is Texas Agriculture Code, Chapter 62.

§81.2. Application Procedure, Labels, and Seals.

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 August 18, 2022.

TRD-202203118

Skyler Shafer

Assistant General Counsel

State Seed and Plant Board

Earliest possible date of adoption: October 2, 2022

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


CHAPTER 82. ADMINISTRATIVE PROCEDURES

SUBCHAPTER A. PROCEDURES FOR MEETING BY TELEPHONE CONFERENCE CALL

4 TAC §§82.1 - 82.5

The Texas Department of Agriculture (Department), on behalf of the State Seed and Plant Board (Board), proposes the repeal of Title 4, Part 5, Chapter 82, concerning Administrative Procedures.

The Board identified the need for the proposed repeal during its rule review of this chapter conducted pursuant to Texas Government Code, §2001.039 (Agency Review of Existing Rules), the adoption for which can be found in the Review of Agency Rules section of this issue of the Texas Register.

The repeal of Chapter 82 is proposed because it unnecessarily duplicates provisions contained in Texas Agriculture Code, §62.0021 (Meetings by Telephone Conference Call).

FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT: Mr. Randy Rivera, Director for Agricultural Commodity Programs, Texas Department of Agriculture, has determined that for each year of the first five years the proposed repeal is in effect, enforcing or administering the repeal does not have foreseeable implications relating to cost or revenues of the state or local governments.

PUBLIC BENEFITS: Mr. Rivera has also determined that for each year of the first five years the proposed repeals are in effect, the public benefit will be the elimination of rules of unnecessary rules.

PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL: Mr. Rivera has determined that for each year of the first five years the proposed repeal is in effect, there will be no costs to persons who are required to comply with the proposed repeals.

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

GOVERNMENT GROWTH IMPACT STATEMENT: Pursuant to 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 will not create or eliminate a government program;

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

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

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

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

6. the proposed repeal will repeal an existing regulation;

7. the proposed repeal will not increase or decrease the number of individuals subject to the rules; and

8. the proposed repeal will not affect this state's economy.

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, is not required.

Comments on the proposed repeal may be submitted by mail to Mr. Morris Karam, Assistant General Counsel, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, or by email to Morris.Karam@TexasAgriculture.gov. The deadline for comments is 30 days after publication in the Texas Register.

The repeal of Chapter 82 is proposed under Section 62.0021 of the Texas Agriculture Code, which allows the State Seed and Plant Board to conduct meetings by telephone conference call and Section 2001.004 of the Texas Government Code, which requires state agencies to adopt rules of practice and procedures.

The code affected by the proposal is Texas Agriculture Code, Chapter 62.

§82.1. Authorization.

§82.2. Limitations.

§82.3. Compliance with Open Meetings Act.

§82.4. Accessibility to Public.

§82.5. Recording of Meeting.

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 August 18, 2022.

TRD-202203119

Skyler Shafer

Assistant General Counsel

State Seed and Plant Board

Earliest possible date of adoption: October 2, 2022

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