Texas Register, Volume 9, Number 66, Pages 4703-4756, September 4, 1984 Page: 4,707
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Before an agency may permanently adopt a new or amended rule,
or repeal an existing rule, a proposal detailing the action must be
published in the Register at least 30 days before any action may be
taken. The 30-day time'period gives interested persons an opportu-
nity to review and make oral or written comments on the rule A public
hearing on the proposal may also be granted if such a procedure
is requested by a governmental subdivision or agency, or by an as-
sociation consisting of at least 25 membersThe proposal, as published in the Register, must include a brief ex-
planation of the proposed action, a fiscal statement indicating ef-
fect on state or local government and small businesses, a statement
explaining anticipated public benefits and possible economic costs
to individuals required to comply with the rule, a request for public
comments, a statement of statutory authority under which the pro-
posed rule is to be adopted (and the agency's interpretation of the
statutory authority), the text of the proposed action, and a certifica-
tion statement The certification information, which includes legal
authority, the proposed date of adoption or the earliest possible date
that the agency may file notice to adopt the proposal, and a tele-
phone number to call for further information, follows each sub-
mission.
Symbology in amended rules New language added to an existing
rule is indicated by the use of bold text [Brackets] indicate deletion
of existing material within a ruleTITLE 16. ECONOMIC
REGULATION
Part I. Railroad Commission of
Texas
Chapter 5. Transportation Division
Subchapter X. Agricultural Permits
16 TAC 5.535
The Railroad Commission of Texas proposes amend-
ments to 5.535, concerning definitions of key terms
relating to agricultural commodities exemption.
The amendments concern the inclusion of nursery
products as eligible agricultural commodities, and Im-
plement the provisions of House Bill 593, as enacted
by the 68th Legislature, 1983.
Terry Johnson, hearings examiner, has determined
that for the first five-year period the rule will be in ef-
fect there will be no fiscal implications for state or lo-
cal government or small businesses as a result of
enforcing or administering the rule
Mr. Johnson also has determined that for each year
of the first five years the rule as proposed is in effect
the public benefit anticipated as a result of enforcing
the rule as proposed is the implementation of House
Bill 593. There is no anticipated economic cost to in-
dividuals who are required to comply with the rule as
proposed.
Comments on the proposal may be submitted to
Michael A. James, Acting Director, Transportation Di-
vision, Railroad Commission of Texas, P.O. DrawerProposed
Rules12967, Austin, Texas 78711 Comments will be ac-
cepted for 30 days after publication of this section in
the Texas Register
The amendments are proposed under Texas Civil Stat-
utes, Article 911 b, 4 and 5b, which authorize the
Railroad Commission of Texas to prescribe reasonable
regulations for the governance of motor carriers and
for a limited exemption for the transportation of eligi-
ble agricultural commodities, respectively
5 535. Definitions of Key' Ten s Relating to Agricul-
tural Commnodities Eeemption
(a) (No change )
(b) Specific definitions of terms The following
words and terms, when used in this section, shall have
the following meanings, unless the context clearly indi-
cates otherwise
(1) Eligible agricultural commodities--Cotton,
seed cotton, cottonseed and Lotton burrs, live animals,
including livestock, poultry, and game birds; grain (in-
cluding rice), fresh fruits and fresh vegetables, wool and
mohair; peanuts, nuts; seed (for planting); oil seed, fresh
eggs; raw milk; sugar cane; manure produced by live-
stock, poultry, or game birds, [and] hay; live horticul-
tural products and live nurser) stock, including any tree,
shrub, vine, cutting, graft scion, grass, bulb, or bud that
is in a growing state and is grown for, kept for, or is capa-
ble of propagation and distribution for sale. Provisions
of 5.29 of this title (relating to Specialzed Motor Car-
riers of Agricultural Products), 5 30 of this title (relat-
ing to Specialized Motoi Carriers ol Livestock, Feedstock,
and the Like), and 5.31 of this title (relating to Descrip-
tion of Grain) do not apply in interpretation of commodi-
ties listed in this paragraph.September 4, 1984
I 1
9 TexReg 4707
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Texas. Secretary of State. Texas Register, Volume 9, Number 66, Pages 4703-4756, September 4, 1984, periodical, September 4, 1984; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243620/m1/5/?q=%221984~%22&rotate=90: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.