Texas Register, Volume 7, Number 76, Pages 3507-3640, October 8, 1982 Page: 3,624
3507-3640 p. ; 28 cm.View a full description of this periodical.
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Texas __ _
RegisterBased upon the commission's study of t ,o practice
of motor vehicle manufacturers and distributors of-
fering to the public rebates, refunds, discounts, and
other financial incentives to promote the sale of new
motor vehicles, a portion of which financial incentives
is paid by dealers, it has been determined by the com-
mission that such practice tends to deceive the public
in that the consumer, the ultimate purchaser of the
vehicle, may not in fact receive the total amount of
the financial incentive as represented in the adver-
tisements. Accordingly, the commission has deter-
mined that the adoption of rules requiring clear
disclosure in advertising of these programs is
necessary to prevent any misleading of the public.
Written comments on the proposed rules were re-
ceived from six parties, and all were opposed to the
adoption of the rules. Coachmen Industries, Inc.,
Elkhart, Indiana; General Motors Corp., Detroit,
Michigan; and Charles Orsinger Buick Company, San
Antonio; contended the rules are unnecessary.
Winburn-Zama Motors, Inc., Eagle Pass; Ralph Morgan
Dodge, Wichita Falls, and Texas Automobile Dealers
Association, Austin; expressed opposition to the pro-
posed rules, saying they were not effective or suffi-
cient to remedy the problem with which the commis-
sion is concerned. The latter three parties suggested
an alternative rule prohibiting dealer participation
rebate programs than the use of disclosures as is pro-
posed by the commission.
The commission disagrees with the comments re-
ceived as it believes that the problem of the misleading
of the public in connection with financial incentive pro-
grams has been well documented, and that rules to
remedy this problem are necessary. The commission
further believes that the adoption of the proposed
disclosure rules, which have been recommended by
the attorney general of Texas, is the most feasible ap-
proach to the problem as it will notify consumers that
the price of the vehicle may be affected by the dealer's
required contribution to the program, but will not pro-
hibit the offering of these rebate and incentive pro-
grams to consumers in Texas, which might be the
result if the programs were prohibited altogether.
The new rules are proposed under Texas Civil
Statutes, Article 4413(36), 3.02, and 5.02(4),
which authorizes the commission to make and enforce
such rules as are reasonably required to enforce the
Texas Motor Vehicle Commission Code, including the
prohibition of false and misleading advertising
practices.
This agency hereby certifies that the rule as adopted
has been reviewed by legal counsel and found to be
a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on September 30, 1982.TRD-827627
Russell Harding
Executive Director
Texas Motor Vehicle CommissionEffective date: October 21, 1982
Proposal publication date: April 16, 1982
For further information, please call (512) 476-3587.TITLE 31. NATURAL RESOURCES
AND CONSERVATION
Part II. Texas Parks and Wildlife
Department
Chapter 65. Wildlife
Subchapter N. Early Season Migratory
Game Bird
31 TAC 65.312-65.315
The Texas Parks and Wildlife Commission in a regu-
larly scheduled public hearing September 2, 1982,
adopted amendments to 65.312-65.315, with one
change to the proposed text published in the August
3, 1982, issue of the Texas Register (7 TexReg 2820).
Sections 65.311-65.316 constitute the Early Season
Migratory Game Bird Proclamation. Section 65.315
(b)(2) was changed as the federally mandated
migratory framework will allow no more than 107
days of regular and special seasons for each species.
Fluctuations in migratory game bird populations re-
quire the Texas Parks and Wildlife Commission to
adopt regulation changes for the 1982-1983 hunting
seasons. The amendments allow the taking of migra-
tory game bird wildlife resources consistent with their
populations.
No comments were received regarding adoption of the
amendments.
The amendments are adopted under the authority of
the Texas Parks and Wildlife Code, Chapter 64, Sub-
chapter C, which provides the commission with
authority to regulate seasons, means, methods, and
devices for taking and possessing migratory game bird'
wildlife resources.
65.312. Means and Methods.
(a) (No change.)
(b) The following means and methods are unlawful
in the taking of migratory birds:
(1)-(8) (No change.)
(9) by baiting, or taking on or over baited areas.
However, nothing in this subsection shall prohibit:
(A) the taking of migratory game birds, in-
cluding waterfowl, on or over standing crops, flooded
standing crops (including aquatics), flooded harvested
croplands, grain crops properly shocked on the field
where grown, or grains found scattered solely as the result
of normal agricultural planting or harvesting; and
(B) the taking of migratory game birds, except
waterfowl, on or over lands where shelled, shucked or
unshucked corn, wheat, or other grain, salt, or other feed
that has been distributed or scattered as the result of bona
fide agricultural operations or procedures, or as a result
of manipulation of a crop or other feed on the land where
grown for wildlife management purposes; provided that
manipulation for wildlife management purposes does not
include the distributing or scattering of grain or other feed
once it has been removed from or stored on the field
where grown.
(c)-(d) (No change.)7 TexReg 3624 October 8, 1982
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Texas. Secretary of State. Texas Register, Volume 7, Number 76, Pages 3507-3640, October 8, 1982, periodical, October 8, 1982; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth244802/m1/18/: accessed May 13, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.