Texas Register, Volume 38, Number 49, Pages 8721-8970, December 6, 2013 Page: 8,727
8721-8970 p. ; 28 cm.View a full description of this periodical.
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T/ROPOSED
Proposed rules include new rules, amendments to existing rules, and repeals of existing rules.
U LE S A state agency shall give at least 30 days' notice of its intention to adopt a rule before it
adopts the rule. A state agency shall give all interested persons a reasonable opportunity to
submit data, views, or arguments, orally or in writing (Government Code, Chapter 2001).
Symbols in proposed rule text. Proposed new language is indicated by underlined text. [Squar backe s-an4-s ;kethreugh]
indicate existing rule text that is proposed for deletion. "(No change)" indicates that existing rule text at this level will not be
amended.TITLE 4. AGRICULTURE
PART 1. TEXAS DEPARTMENT OF
AGRICULTURE
CHAPTER 17. MARKETING AND
PROMOTION
SUBCHAPTER A. TEXAS COMMODITY
REFERENDUM LAW
DIVISION 2. TEXAS BEEF CHECKOFF
PROGRAM
4 TAC 17.20, 17.21, 17.23 - 17.25
The Texas Department of Agriculture (the department) proposes
amendments to Chapter 17, Subchapter A, Division 2, 17.20,
17.21, and 17.23 - 17.25, concerning the Texas Beef Check-
off Program, established in Texas Agriculture Code, Chapter 41,
Subchapter H, as amended by the enactment of House Bill 2312
(HB 2312), 82nd Legislature, 2013 (Subchapter H). In accor-
dance with Subchapter H, the department was petitioned by the
Texas Beef Council to establish and appoint the Beef Promotion
and Research Council of Texas. This council will establish the
parameters and timeline for conducting a referendum of Texas
beef cattle producers on whether to establish a Texas Beef Pro-
motion and Research Program and associated producer-paid
assessment to fund the program (beef checkoff). The amend-
ments update procedures for conducting a beef checkoff refer-
endum authorized by Subchapter H, including voter eligibility re-
quirements, notice requirements, voting procedures, verification
requirements, and the process for requesting a recount. In ad-
dition, references made to the Texas Beef Council as the desig-
nated entity administering the beef checkoff program have been
changed to the Beef Promotion and Research Council of Texas,
in accordance with HB 2312. The proposed amendments were
developed with the assistance of representatives from the beef
industry and were approved by the members of the Beef Promo-
tion and Research Council of Texas.
Dolores Alvarado Hibbs, General Counsel, has determined that
for the first five years the amended sections are in effect, there
will be no fiscal implications for state or local government as a re-
sult of the administration and enforcement of the amended sec-
tions.
Ms. Hibbs also has determined that for each year of the first five
years the amended sections are in effect, the public benefit an-
ticipated as a result of administering and enforcing the amended
sections will be having rules in place to provide beef producers
information on how the beef checkoff referendum will be con-
ducted. There will be no economic cost for micro-businesses,small businesses or individuals who are required to comply with
the amended sections, as proposed.
Written comments on the proposal may be submitted to Dolores
Alvarado Hibbs, General Counsel, Texas Department of Agricul-
ture, P.O. Box 12847, Austin, Texas 78711. Written comments
must be received no later than 30 days from the date of publica-
tion of the proposed amendments in the Texas Register.
The amendments are proposed under the Texas Agriculture
Code, Chapter 41, Subchapter I, 41.163, which provides that
the department with the authority to adopt rules necessary to
conduct a statewide referendum of beef producers in accor-
dance with Texas Agriculture Code, Chapter 41, Subchapter H.
The code affected by this proposal is the Texas Agriculture Code,
Chapter 41.
17.20. Scope and Applicability.
Except where exempted by this Division, or by the Texas Agriculture
Code Chapter 41, Subchapter H [as amended by 14B enacted by the
78 Legislature, rd Special Sssion 2003 (tB 7)], Chapter 17, Sub-
chapter A, Division 1, governs the Texas Beef Check-off referendum
program. This division controls in case of conflict with other sections
of this subchapter.
17.21. Definitions.
In addition to the definitions set forth in the Texas Agriculture Code,
Chapter 41, [as amended by 14B ] the following words and terms,
when used in this Division, shall have the following meanings, unless
the context clearly indicates otherwise:
I(1) Board--The boar ofiretersof the Texas Beefoun-
eilas established by Texas Agriculture (o4e, ap er 4 as amended
(1) [(2-)] Cattle--Live domesticated bovine animals regard-
less of age;
(2) Collection Point--The person or entity prescribed by the
Council that is responsible for collecting and remitting an assessment
pursuant to Texas Agriculture Code, Chapter 41, as amended;
((3) e4lleetg Person--The p.ersn making pam nt to a
producer for atte , or any other person who is responsible for ollct-
ing and remitting an assessment pursuant to Ghapter 4 and prescribed
by the Board and approved by the Commissioner
(3) [(4)] Commissioner--The commissioner of agriculture;
(4) [(5] Council--The [Texas] Beef Promotion and Re-
search Council of Texas, as established under Texas Agriculture Code,
Chapter 41, Subchapter H, as amended;
) [(6)] Department--The Texas Department of Agricul-
ture;
(6) Extension--Texas A&M Agrilife Extension Service;PROPOSED RULES December 6, 2013 38 TexReg 8727
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Texas. Secretary of State. Texas Register, Volume 38, Number 49, Pages 8721-8970, December 6, 2013, periodical, December 6, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379983/m1/7/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.