Adopted Rules Title 4

TITLE 4. AGRICULTURE

PART 1. TEXAS DEPARTMENT OF AGRICULTURE

CHAPTER 4. PRESCRIBED BURNING BOARD ENFORCEMENT PROGRAM

SUBCHAPTER A. ENFORCEMENT, INVESTIGATION, PENALTIES AND PROCEDURES

The Texas Department of Agriculture (Department) adopts the repeal of Texas Administrative Code, Title 4, Part 1, Chapter 4, §§4.1 - 4.7. The repeal is adopted without changes to the proposed text as published in the July 14, 2023, issue of the Texas Register (48 TexReg 3793) and will not be republished.

The Department identified the need for the repeal of Chapter 4 during its rule review conducted pursuant to Texas Government Code, §2001.039, the adoption of which can be found in the Review of Agency Rules section of the July 14, 2023 issue of the Texas Register (48 TexReg 3929).

The repeal of §4.1, concerning Definitions, is adopted because the repeal of the other rules within Chapter 4 renders these definitions unnecessary.

The repeal of §4.2 is adopted because Section 41 of Senate Bill 703 (SB 703), 87th Legislature, Regular Session (2021) amended §153.102(b) of the Texas Natural Resources Code to transfer mandatory rulemaking authority requiring a schedule of disciplinary sanctions from the Department to the Prescribed Burning Board.

The repeal of §4.3 is adopted because this rule restates the statutory requirements of Texas Natural Resources Code, §153.101 concerning how the Department receives and processes complaints concerning certified and insured prescribed burn managers.

The repeal of §4.4 is adopted due to a lack of business necessity as Texas Natural Resources Code, Chapter 153, Subchapter D governs the Department's duties and authority concerning complaints, enforcement, and penalties.

The repeal of §4.5 and §4.6 is adopted because the sections duplicate statutory provisions and provide unnecessary cross references to other rules.

The repeal of §4.7 is adopted due to a lack of business necessity because its provisions are redundant and restate Department policy.

The Department received no comments on the proposed repeal of this chapter.

The repeal is adopted under Section 12.016 of the Texas Agriculture Code (Code), which provides that the Department may adopt rules as necessary for the administration of its powers and duties under the Code.

Texas Agriculture Code, Chapter 12 and Texas Natural Resources Code, Chapter 153 are affected by the adopted repeals.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 24, 2023.

TRD-202303905

Susan Maldonado

General Counsel

Texas Department of Agriculture

Effective date: November 13, 2023

Proposal publication date: July 14, 2023

For further information, please call: (512) 463-6591

PART 13. PRESCRIBED BURNING BOARD

CHAPTER 231. SCHEDULE OF DISCIPLINARY SANCTIONS

4 TAC §231.1

The Texas Prescribed Burning Board (Board), a semi-independent board administratively attached to the Texas Department of Agriculture (Department), adopts new Texas Administrative Code, Title 4, Part 13, Chapter 231, §231.1, concerning Schedule of Disciplinary Sanctions.

The rule is adopted without changes to the proposed text as published in the July 14, 2023, issue of the Texas Register (48 TexReg 3794) and will not be republished.

The Department and Board identified the need for the new rule during its rule review of Texas Administrative Code, Title 1, Part 1, Chapter 4, conducted pursuant to Texas Government Code, §2001.039, the adoption for which can be found in the Review of Agency Rules section of the July 14, 2023, issue of the Texas Register (47 TexReg 3929).

Section 41 of Senate Bill 703, 87th Legislature, Regular Session (2021) amended §153.102(b), Texas Natural Resources Code and transferred mandatory rulemaking authority requiring a schedule of disciplinary sanctions from the Department to the Board. The adopted schedule of disciplinary sanctions is identical to the one proposed by the Board and substantially the same as the schedule previously adopted by the Department at former 4 Texas Administrative Code §4.2. A repeal of that Department rule is adopted has been filed on this same date and will be published in this same issue of the Texas Register.

The rule is adopted under Texas Natural Resources Code, §153.102, which provides the Board, by rule, shall adopt a schedule of the disciplinary sanctions that the Department shall impose under Texas Natural Resources Code, Chapter 153.