Texas Register, Volume 12, Number 92, Pages 4605-4656, December 11, 1987 Page: 4,633
4605-4656 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
the state governmental body during each
even-numbered fiscal year.
(4) A summary of all hardware pur-
chases over $100,000 but less than $300,000
executed during the prior fiscal year are to
be submitted to the above address during
September of each calendar year.
(5) Extensions of the time limit for
filing for and making basic or advanced cer-
tifications may be granted by agreement be-
tween the state governmental body and the
council.
(i) Exemptions. The executive direc-
tor of a state governmental body may take
an action meeting the criteria of subsection
(d) of this section without complying with
subsection (e) of this section, or subsection
(f) of this section without complying with
subsection (g) of this section, if it is deter-
mined that the action is necessary as a result
of a fire, natural disaster, or other actual
emergency which poses imminent threats to
the public health and safety, or which creates
reasonably unforeseeable situations requir-
ing immediate action. The executive direc-
tor is to make necessary changes to the
long-range AITS plan and submit to the
council justification for the action within 14
days after the action is taken. The council
will review the justification on a priority
basis to determine if the action taken was
prudent.
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 December 2, 1987.TRD-8710825
Tina J. Turner
Administrative Assistant
Automated Information
and
Telecommunications
CouncilEffective date: December 23, 1987
Proposal publication date: October 9, 1987
For further information, please call
(512) 463-5530.4 i4
TITLE 4. AGRICULTURE
Part I. Texas Department of
Agriculture
Chapter 7. Pesticides
*4 TAC 7.17
The Texas Department of Agriculture
adopts an amendment to 7.17, without
changes to the proposed text published
in the October 30, 1987, issue of the Texas
Register (12 TexReg 3985).
The amendment reduces administrative
cosats and increases efficiency in the
_ renewal process for licenses issued by
the department under the Pesticide Con-
trol Act, Chapter 76, Texas Agriculture
Code (the Act). By setting an early renewalapplication date, the amendment will
allow the department to receive renewal
licenses and process such licenses
before the expiration date of March 1. The
amendment also notifies applicators of
conditions under which failure to comp-
ly with the renewal date will lead to viola-
tions. An expiration date set for renewal
applications will allow the department to
better enforce the Act.
The amendment sets an early application
date for the filing of renewal applications,
clarifies what will be considered a com-
plete application, explains actions that
could lead to violations under Chapter 76,
and sets a date after which a renewal ap-
plication will be treated like a new license
and require testing of the applicant.
Comments opposing the amendments as
written were submitted by the Texas Ag-
ricultural Aviation Association (TAAA).
TAAA's general concern is that appli-
cators need to have assurance that a
good faith effort to comply with applica-
tion requirements will not be penalized.
TAAA recommended that a statement be
added to 7.17 which commits TDA to is-
suing licenses by March 1 and states that
applicators will not be penalized if a com-
plete application is filed but a license is
not received on time. In addition, TAAA
recommended that language be added to
7.17(b) to state that operating without a
license, and not failure to file, is an of-
fense which subjects an applicator to
penalties.
Finally, TAAA argues that failure to fur-
nish proof of liability insurance is not an
offense under the Act and recommends
that the department not treat it as such.
The agency disagrees that provisions
committing the TDA to issuing licenses
by March 1 and providing that applicators
filing complete and timely applications
will not be penalized are necessary to pro-
tect applicators who make a good faith
effort to comply. TDA recognizes the im-
portance of timely processing of license
renewal applications and is committed to
the expeditious processing of applica-
tions and issuing of licenses. Section
7.17(b) clearly states that only applicants
failing to submit complete and timely ap-
plications will be penalized. Applicants
who file timely and complete applications
will not be penalized between the time
that their license expires and the time that
a new license is issued. Because of this
provision, TDA does not feel a need for
an additional section.
The agency disagrees that 7.17(b) should
be changed to state that operating with-
out a license, and not failure to file, is a
violation of Chapter 76. Commercial ap-
plicator licenses automatically expire on
the last day of February of the year follow-
ing the year in which a license is issued.
Once a license expires and an applicator.
without filing a timely and complete ap-
plication, continues to make applications,
without filing a timely and complete ap-plication, continues to make applications,
he or she is violating the Code by operat-
ing without a license. As stated in 7.17(b),
such a violation subjects an applicator to
sanctions under the Code which could in-
clude the department's refusal to issue a
license. Operating without a license is
not, however, the only violation which may
occur as a result of an applicator's failure
to file a timely and complete application.
As stated in the preamble to the proposed
amendment, the department, in 7.17(b),
attempts to clarify what types of viola-
tions will result in penalties. Such viola-
tions are not limited to operating without
a license. A failure to file a complete and
timely application would be a separate of-
fense, as it would be a violation of 7.17(a).
The department is authorized to treat the
failure to comply with 7.17(a) as a viola-
tion of the Act, 76.201(d)(1) and (2) which
provides that violations of a rule adopted
under the Act constitutes an offense.
TAAA suggests that failure to furnish
proof should not be considered a viola-
tion, but rather that if an applicator ac-
tually has proper liability insurance or
bond coverage, failure to furnish proof
after notice that it is niot uo file, would be
a violation. TAAA further suggests that an
enforcement action could be commenced
against an individual and cleared when
proof is provided. The agency disagrees
that failure to furnish proof is not a viola-
tion of the Act and a ground for suspen-
sion or revocation of a commercial appli-
cator license.
The Agriculture Code, 76.108, states that
an original license may not be issued be-
fore evidence of financial responsibility
has been filed with the department. The
Agriculture Code, 76.111(g), states that
failure to file a bond or liability insurance
policy to show proof of insurance is a
ground for suspension or revocation of a
commercial applicator license.
These provisions clearly place the burden
of providing proof of insurance on the ap-
plicant. In addition, it would be cost pro-
hibitive for the department to bear the
burden of seeking out proof of insurance
from applicators who fail to file such
proof as required by law. The department
will continue to work with applicators who
are making a good faith effort to provide
the proof required under the Act.
The amendment is adopted under the
Texas Agriculture Code, 76.108-76.110,
which provides the Texas Department of
Agriculture with the authority to require
licensing of commercial and noncommer-
cial pesticide applicators and set out con-
ditions under which a license is issued;
76.113 which provides for renewal and ex-
piration of pesticide applicators licenses;
and 76.003-76.005 and 76.104, which
authorize the department to adopt rules
for carrying out Chapter 76.
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.4 . Adopted Rules December II, 1987
12 TexReg 4633
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 12, Number 92, Pages 4605-4656, December 11, 1987, periodical, December 11, 1987; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243936/m1/29/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.