PART 1. TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 2. LICENSING
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Department of Agriculture (Department) proposes amendments to 4 Texas Administrative Code, Chapter 2 (Licensing), Subchapter A (General Provisions), §2.1 (Application for a License).
The Department identified the need for the proposed amendments during its rule review of this subchapter conducted pursuant Texas Government Code, §2001.039, the adoption for which can be found in the Review of Agency Rules section of this issue.
The proposed amendments to §2.1 change language to allow the Department to determine what constitutes an incomplete application, change references to Chapter 2 from "these rules" to "this chapter," remove unnecessary language, make grammatical corrections, make editorial changes to language to improve the rule's readability, and update the form of a legal citation to the Texas Government Code, §2005.004.
LOCAL EMPLOYMENT IMPACT STATEMENT: The Department has determined that the proposed amendments 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 amendments. For each year of the first five years the proposed amendments will be in effect, the Department has determined the following:
(1) the proposed amendments will not create or eliminate a government program;
(2) implementation of the proposed amendments will not require the creation or elimination of existing employee positions;
(3) implementation of the proposed amendments will not require an increase or decrease in future legislative appropriations to the Department;
(4) the proposed amendments will not require an increase or decrease in fees paid to the Department;
(5) the proposed amendments do not create a new regulation;
(6) the proposed amendments will not expand, limit, or repeal an existing regulation;
(7) the proposed amendments will not increase or decrease the number of individuals subject to the rules; and
(8) the proposed amendments will not affect this state's economy.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT: Ms. Christina Osborn, the Director for Consumer Product Protection, has determined that for the first five-year period the proposed amendments are in effect, there will be no fiscal implications for the state or local governments as a result of enforcing or administering the proposed amendments.
PUBLIC BENEFITS AND PROBABLE ECONOMIC COST: Ms. Osborn has determined that for each year of the first five-year period the proposed amendments are in effect, the public benefit will be increased consumer protection through improved readability and clarity of this subchapter, and increased efficiency in the licensing process. Ms. Osborn has also determined that for each year of the first five-year period the proposed amendments are in effect, there will be no costs to persons who are required to comply with the proposal.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSI-NESSES, 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 amendments, therefore preparation of an economic impact statement and a regulatory flexibility analysis, as detailed under Texas Government Code, §2006.002, is not required.
Written comments on the proposed amendments may be submitted by mail to John "Chris" Gee, Lead Assistant General Counsel, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, or by email to Chris.Gee@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 are proposed under Section 12.016 of the Texas Agriculture Code, which allows the Department to adopt rules as necessary for the administration of its powers and duties under the Texas Agriculture Code.
The code affected by the proposed amendments is Texas Agriculture Code, Chapter 12.
§2.1.Application for a License.
(a) An application is not an agency request for information
for any purpose under the Texas Government Code, the Texas Agriculture
Code, or this chapter [these rules].
(b) (No change.)
(c) An applicant for an initial license or renewal
of a license shall submit to the department in a timely fashion all
application forms, bonds, tests, data, fees, and other material required
[by law] to precede the issuance of such initial license
or renewal license.
(d) Any application for a license that does not include
all such required forms and materials, or which includes forms or
other materials that contain deficient information or on which required
information is missing, may be determined to be [is]
an incomplete application.
(e) An incomplete application shall become void on
the one-year anniversary of its [the] submission
[of the incomplete application]. A void application will
not be processed and any application fee associated with the void
application shall not be refunded. This action is not a denial of
a license for any purpose under the Texas Government Code, the Texas
Agriculture Code, or this chapter [these rules].
(f) The department shall within 15 days after receipt of the first application form:
(1) [issue a license,] if the application
is complete and correct and the applicant is eligible and meets all
the requirements for the license, issue a license;
(2) if the application is complete and a determination
regarding the issuance of a license will be delayed beyond 15 days,
send the applicant a written notice stating that the application is
complete and accepted and [,] that a determination
regarding issuance of the license will be delayed [,] and
[stating] the time period within which a determination
will be made; [or]
(3) - (4) (No change.)
(g) (No change.)
(h) If notice of protest is timely filed and the commissioner
determines that the specified time periods for processing under subsection
(f) of this section have been exceeded and that good cause does not
exist for exceeding those time periods, the license or permit filing
fee shall be reimbursed in full to the applicant. The term "good cause"
as used in this subsection has the meaning specified in [§2005.004
of] the Texas Government Code, §2005.004.
(i) (No change.)
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 May 22, 2024.
TRD-202402280
Susan Maldonado
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: July 7, 2024
For further information, please call: (512) 463-6591