Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,332
8313-8478 p. ; 28 cm.View a full description of this periodical.
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additional information, the certification shall be deemed to have been
issued for the period of time described in the certification request.
212.31. Expedited Requests.
(a) In the event a state agency experiences an unforeseeable
circumstance that requires immediate attention but is not considered
an Emergency Procurement as defined in 34 TAC 20.32(21), the state
agency may submit an expedited request for certification. The depart-
ment shall issue a written certification or denial within a maximum of
three (3) business days of receipt of the expedited request for certifica-
tion.
(b) The expedited request for certification must include a state-
ment from the head of the requesting state agency, or his/her designee,
describing the circumstances and justification for expedited review by
the department.
(c) If the department has not issued a written denial of the ex-
pedited request for certification within three (3) business days follow-
ing the date of its receipt of the request, or the date of receipt of re-
quested additional information, the expedited request for certification
shall be deemed to have been issued for the period of time described in
the expedited exemption request.
212.32. Required State Agency Contract Provisions Apply.
When used by a state agency, a contract developed by a local govern-
ment purchasing cooperative under Texas Government Code Chapter
791 is subject to all provisions required by applicable law to be in-
cluded in a state agency contract without regard to whether:
(1) the provision appears on the face of the contract; or
(2) the contract includes any provision to the contrary.
212.33. Instructions for Requests.
The department shall make available on the department's website the:
(1) instructions for state agency submission of a written re-
quest for certification; and
(2) procedures for evaluating a state agency's written re-
quest for certification.
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 7,
2013.
TRD-201305136
Martin H. Zelinsky
General Counsel
Department of Information Resources
Earliest possible date of adoption: December 22, 2013
For further information, please call: (512) 475-4700
TITLE 4. AGRICULTURE
PART 1. TEXAS DEPARTMENT OF
AGRICULTURE
CHAPTER 7. PESTICIDES
The Texas Department of Agriculture (department) proposes
amendments to Chapter 7, Subchapter C, 7.22 and 7.25,
concerning licensing of pesticide applicators; and SubchapterH, Division 2, 7.125 and 7.126, concerning examinations and
license expiration and renewal for structural pest control applica-
tors. The amendments are proposed to meet the requirements
of amendments to the Texas Occupations Code, Chapter 55,
made by Senate Bill 162, 83rd Regular Session, 2013 (SB 162).
The amendments add provisions to expedite the applications
for licensing of military spouses and provide for the issuance
of a license to a qualified military spouse who holds a license
issued by another jurisdiction that has substantially equivalent
licensing requirements; and provide that credit for relevant mili-
tary experience, training and education shall be given to military
service members and military veterans so long as they meet
all other licensing requirements. In addition, the amendments
to 7.22 are proposed to consolidate the general standards
examination and the laws and safety examination into one exam
for commercial and non-commercial pesticide applicators. The
proposed changes to 7.22 also allow fees to be charged for
any retakes of examinations that may be necessary in order to
recover the cost of examination administration.
David Kostroun, Chief Administrator, Agriculture and Consumer
Protection, has determined for the first five years the amended
sections are in effect, there will be no fiscal implications for state
government as a result of administering or enforcing the pro-
posed amendments.
Mr. Kostroun has also determined that for each year of the first
five years the proposed amendments are in effect, the public
benefit anticipated as a result of administering the proposed
amendments will be that the examination process for pesticide
applicators and processing of applications for licensing and
examinations for military veterans and their spouses will be
more efficient, as intended by the passage of SB 162. There
are no anticipated additional costs to micro-businesses, small
businesses or individuals required to comply with the proposed
amendments.
Comments on the proposal may be submitted to David Kostroun,
Chief Administrator, Agriculture and Consumer Protection,
Texas Department of Agriculture, P.O. Box 12847, Austin, Texas
78711. Comments must be received no later than 30 days from
the date of publication of the proposal in the Texas Register.
SUBCHAPTER C. LICENSING
4 TAC 7.22, 7.25
The amendments to 7.22 and 7.25 are proposed pursuant to
the Texas Occupations Code, 55.005, as added by SB 162,
which requires the expedition of licensing for military spouses
and the issuance of a license to a qualified military spouse who
holds a license issued by another jurisdiction that has substan-
tially equivalent licensing requirements; and 55.007, as added
by SB 162, which requires the department to adopt rules to credit
verified military service, training, or education toward its licens-
ing requirements for military service members and military vet-
erans.
The Code affected by the proposal is the Occupations Code,
Chapter 55.
7.22. Licensing of Applicators.
(a) - (c) (No change.)
(d) Commercial and noncommercial applicators must meet the
following requirements:
(1) Anyone who makes a passing score on the general
standards pesticide applicator examination, including [the] laws and38 TexReg 8332 November 22, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013, periodical, November 22, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379965/m1/20/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.