Texas Register, Volume 38, Number 49, Pages 8721-8970, December 6, 2013 Page: 8,729
8721-8970 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:
(-~ in any ease, ifa recount is allowed by the district judge
hearing the ease the judge shall have the authority to impound said
locked ballet boxes and require a recount of ballots.1
(p) If conducted by mail balloting'}
( i-) mail ballots must be returned by mail to the principal
headquarters of the department Ballots shall be sent with prepaid re-
turn postage,
() no mail ballt will be valid if postmarked after mid-
ght on the last day for voting in the referendum or referee a and
{-3 mail ballots submitted to the department shall be main-
tamed at depa ent headquarters oa in Astin, Texas. If no cOn-
tests or investigations arise out of the referendum within 45 days after
certification of such referendum the commissioner shall destroy the
ballots by shredding.
1 7.24. Council Duties; Reporting Requirements.
(a) - (b) (No change.)
(c) The department may allow for late filings of the report re-
quired by subsection (b) of this section for good cause.
(d) [(-)] The council shall provide fidelity bonds in amounts
determined by the council for employees or agents who handle funds
for the council.
(e) [(4)] Prior to any expenditure of funds, the council shall
submit its annual budget to the commissioner for approval. The depart-
ment shall act on the council's budget submission within 45 days of the
department's receipt of the submission.
17.25. Collection of Assessment; Refunds.
(a) The assessment shall be collected at collection points [The
eellecting person at a process point] determined by the Council. [beard
shall eellet the assessment.] Except as provided by subsection (b) of
this section, the collection point [collecting person at that point] shall
collect the assessment by deducting the appropriate amount from the
purchase price of the cattle or from any funds advanced for that pur-
pose.
(b) (No change.)
(c) The secretary-treasurer of the Council [board], by reg-
istered or certified mail, shall notify each known collection point
collectingg person] of the duty to collect the assessment, the manner
in which the assessment is to be collected, and the date on or after
which the collection point [eolleeting person] is to begin collecting
the assessment.
(d) (No change.)
(e) Unless otherwise provided by the original referendum, no
later than the 10th day of each month, the collection point [collecting
person] shall remit the amount collected during the previous month to
the secretary-treasurer of the Council [board], along with a completed
form prescribed by the board reflecting such amount.
(f) A producer who has paid an assessment may obtain a re-
fund of the amount paid by filing an application for refund with the
secretary-treasurer within 60 days after the date of payment. The appli-
cation must be in writing, on a form prescribed by the Council [board]
for that purpose, and accompanied by proof of payment of the assess-
ment.
(g) Providing that the assessment has been remitted to the
Council [board] by the collection point [eolleeting person], the secre-
tary-treasurer shall pay the refund to the producer before the 11th day
of the month following the month in which the application for refund
and proof of payment are received.The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on November 22,
2013.
TRD-201305466
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: January 5, 2014
For further information, please call: (512) 463-4075
TITLE 16. ECONOMIC REGULATION
PART 3. TEXAS ALCOHOLIC
BEVERAGE COMMISSION
CHAPTER 41. AUDITING
SUBCHAPTER E. IDENTIFICATION STAMPS
16 TAC 41.72
(Editor's note: The text of the following section proposed for repeal
will not be published. The section may be examined in the offices of the
Texas Alcoholic Beverage Commission or in the Texas Register office,
James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)
The Texas Alcoholic Beverage Commission (commission) pro-
poses the repeal of 41.72, relating to Invalidation of Stamps.
The commission recently amended 41.71, Identification
Stamps and Local Distributor's Records, to address the require-
ments regarding identification stamps for both a holder of a
local distributor's permit and a retail permittee. That rule change
became effective on October 24, 2013. Section 41.72 contains
the same requirements regarding identification stamps for retail
permittees that are now found in the amended 41.71. There
is no need to duplicate the requirements for retail permittees
in two rules. Since the need for 41.72 no longer exists, the
commission proposes to repeal it.
Section 41.72 was also reviewed under Government Code
2001.039, which requires each state agency to periodically
review and consider for readoption each of its rules. The
commission has determined that the need for the rule no longer
exists and that it should be repealed.
Martin Wilson, Assistant General Counsel, has determined that
for each year of the first five years that the proposed repeal will
be in effect, there will be no fiscal impact on state or local gov-
ernment attributable to the repeal.
The proposed repeal will have no fiscal or regulatory impact on
micro-businesses and small businesses or persons regulated by
the commission. There is no anticipated negative impact on local
employment.
Mr. Wilson has determined that for each year of the first five
years that the proposed repeal will be in effect, the public will
benefit because unnecessary and possibly confusing duplication
of requirements in the commission's rules will be avoided.
Comments on the proposed repeal may be submitted in writing
to Martin Wilson, Assistant General Counsel, Texas AlcoholicPROPOSED RULES December 6, 2013 38 TexReg 8729
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 38, Number 49, Pages 8721-8970, December 6, 2013, periodical, December 6, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379983/m1/9/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.