Proposed Rule Review
Texas Historical Commission
Title 13, Part II
The Texas Historical Commission files its notice of intention to review
its rules contained within Title 13, Texas Administrative Code, Chapters 11,
13, 24, 25, and 26. This review is conducted pursuant to Appropriations Act,
1997, House Bill 1, Article IX, §167.
The commission will review its rules associated with Chapter 11 (Administrative
Department), Chapter 13 (State Cemetery), Chapter 24 (concerning the Restricted
Cultural Resources Information), Chapter 25 (concerning the Office of the
State Archeologist), and Chapter 26 (concerning the Rules of Practice and
Procedure for the Antiquities Code of Texas) to determine what change, if
any, is needed to these chapters. Chapter 11 will be reviewed to determine
administrative efficiency and clarity of functions and policies. Chapter 13,
regarding the State Cemetery, has been repealed now that the Texas State Cemetery
Committee considers and approves applications for burial. The Chapter 24 Rules
are the commission's newest rules that were adopted on October 30, 1998, for
the purpose of controlling access to sensitive data associated with the exact
location of archeological sites and other significant resources on public
lands in the State of Texas. The commission has no current plans to change
Chapter 24, but we are open to any suggestion from the public about these
new rules and the procedures associated with their implementation. The Chapter
25 Rules are related to the functions, authority, and responsibilities of
the State Archeologist. The Chapter 26 Rules are the primary rules that assist
the commission in the implementation of the Antiquities Code of Texas which
are constantly being modified to adapt to changes and problems associated
with cultural resources management projects in Texas. The commission is currently
considering modifying both Chapters 25 and 26 to bring them more in line with
changes that were made to the Antiquities Code during the 1995 and 1997 Legislative
Sessions, and to amend them to reflect the merger of the Office of the State
Archeologist, and the old Department of Antiquities Protection into the new
Archeology Division of the commission. To accomplish this goal the commission
may repeal these chapters and replace them entirely with new language, or
merely change appropriate sections by the end of 2001.
Comments may be submitted in writing within 30 days following the publication
of this notice in the
Texas Register
to Mark
H. Denton, Director, State and Federal Review Section, Texas Historical Commission,
P. O. Box 12276, Austin, TX 78711.
TRD-9904626
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Filed: July 30, 1999
Title 16, Part VI
The Texas Motor Vehicle Board of the Texas Department of Transportation
files this notice of proposed review Title 16, Chapter 109, Lessors and Lease
Facilitators, relating to the regulation of leasing motor vehicles, pursuant
to the Appropriations Act of 1997, House Bill 1, Article IX, §167.
As required by §167, the Board will accept comments regarding whether
the reason for adopting each of the rules in 16 TAC Chapter 109 continues
to exist. The Board will conduct the rule review at its November 4, 1999 meeting.
Any questions or written comments pertaining to this notice of intention
to review should be directed to Brett Bray, Director, Motor Vehicle Division,
Texas Department of Transportation, P.O. Box 2293, Austin, Texas 78768-2293
or at (512) 416-4910 by October 5, 1999.
TRD-9904749
Brett Bray
Director
Motor Vehicle Division
Filed: August 3, 1999
Title 22, Part XXII
The Texas State Board of Public Accountancy will review and consider for
readoption, revision or repeal Title 22 Texas Administrative Code Chapters
501; 503; 511; 513; 515; 517; 519; and 521.
This review is conducted pursuant to Article IX, Rider 167 (section), House
Bill 1, 75th Legislature, Regular Session, 1997.
In conducting its review the Board will determine whether the reasons for
the rule continue to exist. The rule review will also determine whether the
rule is obsolete, whether the rule reflects current legal and policy considerations
and whether the rule reflects current procedures of the Board.
Comments on the review may be submitted within the next 120 days to Amanda
G. Birrell, General Counsel, Texas State Board of Public Accountancy, 333
Guadalupe, Tower III, Suite 900, Austin, Texas 78701. Any proposed changes
to the rules as a result of this review will be published in the Proposed
Rule Section of the
Texas Register
and will
be open for an additional 30 day comment period prior to final adoption or
repeal by the Board.
Chapter 501, Professional Conduct
Chapter 503, Definitions
Chapter 511, Certification As CPA
Chapter 513, Registration
Chapter 515, Licenses
Chapter 517, Temporary Practice In Texas
Chapter 519, Practice And Procedure
Chapter 521, Fee Schedule
TRD-9904631
William Treacy
Executive Director
Texas State Board of Public Accountancy
Filed: July 30, 1999
Title 16, Part VIII
The Texas Racing Commission files this notice of intention to review Chapter
305. Licenses for Pari-Mutuel Racing in accordance with Chapter 1275, Acts
of the 75th Legislature, 1997, §55 and the General Appropriations Act
of 1997, Article IX, Acts of the 75th Legislature, 1997, §167 (section).
As part of this process, the Commission is proposing the repeal of the
entire Chapter. Rule sections in Chapter 305 that deal with the licensing
of a racetrack will be incorporated into the new proposed Chapter 309. Rule
sections in Chapter 305 that deal with the licensing of occupational licensees
will be incorporated into the new Chapter 311. Section 305.55 and §305.56,
that deal with the hearing process for racetrack license applicants will be
moved to Chapter 307. Section 305.46, that deals with totalisator systems,
will be moved to Chapter 321. The proposed repeal of Chapter 305, proposed
new Chapter 309 and 311 and a more detailed explanation of these proposals
may be found in the Proposed Rules section of the
Texas Register
. The commission will accept comments on the §167
requirement as to the reasons for repealing and moving the sections in this
chapter and whether the provisions in the new sections continue to exist.
Comments may be submitted on or before September 13, 1999, to Roselyn Marcus,
General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas
78711-2080.
Any questions pertaining to this notice of intention to review should be
directed to Roselyn Marcus, General Counsel for the Texas Racing Commission,
P.O. Box 12080, Austin, Texas 78711-2080 or telephone (512)833-6699.
TRD-9904668
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Filed: August 2, 1999
The Texas Racing Commission files this notice of intention to review Chapter
309. Operation of Racetracks in accordance with Chapter 1275, Acts of the
75th Legislature, 1997, §55 and the General Appropriations Act of 1997,
Article IX, Acts of the 75th Legislature, 1997, §167 (section).
As part of this process, the Commission is proposing the repeal of the
entire Chapter and replacing it with a new Chapter 309. New Chapter 309, Racetrack
Licenses and Operations, will deal exclusively with the licensing and operation
of horse racetracks and greyhound racetracks. Rule sections in Chapter 305
that deal with the licensing of a racetrack will be incorporated into the
new proposed Chapter 309. The proposed repeal and replacement of Chapter 309
is explained in greater detail in the preamble of proposed new Chapter 309
and may be found in the Proposed Rules section of the
Texas Register
. The commission will accept comments on the §167
requirement as to the reasons for repealing and replacing Chapter 309 and
whether the provisions in the new chapter continue to exist. Comments may
be submitted on or before September 13, 1999, to Roselyn Marcus, General Counsel
for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711-2080.
Any questions pertaining to this notice of intention to review should be
directed to Roselyn Marcus, General Counsel for the Texas Racing Commission,
P.O. Box 12080, Austin, Texas 78711-2080 or telephone (512)833-6699.
TRD-9904669
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Filed: August 2, 1999
The Texas Racing Commission files this notice of intention to review Chapter
311. Conduct and Duties of Individuals in accordance with Chapter 1275, Acts
of the 75th Legislature, 1997, §55 and the General Appropriations Act
of 1997, Article IX, Acts of the 75th Legislature, 1997, §167 (section).
As part of this process, the Commission is proposing the repeal of the
entire Chapter. New Chapter 311, Other Licenses, will relate to the licensing
and regulation of occupational licenses. Rule sections in Chapter 305 that
deal with the licensing of occupational licensees will be incorporated into
the new Chapter 311. The proposed repeal and replacement of Chapter 311 is
explained in greater detail in the preamble of proposed new Chapter 311 and
may be found in the Proposed Rules section of the
Texas Register
. The commission will accept comments on the §167
requirement as to the reasons for repealing and replacing Chapter 311 and
whether the provisions in the new chapter continue to exist. Comments may
be submitted on or before September 13, 1999, to Roselyn Marcus, General Counsel
for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711-2080.
Any questions pertaining to this notice of intention to review should be
directed to Roselyn Marcus, General Counsel for the Texas Racing Commission,
P.O. Box 12080, Austin, Texas 78711-2080 or telephone (512)833-6699.
TRD-9904670
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Filed: August 2, 1999
Texas Appraiser Licensing and Certification Board
Title 22, Part VIII
As part of the rule review specified by the General Appropriations Act,
House Bill 1, 75th Legislature, Regular Session, 1997, the Texas Appraiser
Licensing and Certification Board a reviewed Chapter 155, Rules Relating to
Standards of Practice.
As a result of the review, the Board determined that the reasons for adopting
the rules continue to exist and has readopted §155.1, Standards of Practice,
with changes as specified in the Adopted Rules section of this edition of
the
Texas Register
.
The Board received one comment regarding the review of Chapter 155. The
Foundation Appraiser Coalition of Texas (FACT) wrote to oppose the inclusion
of the words "appraisal service" to the amendments to §155.1. The Board
agreed and removed "appraisal service" from the adopted rule.
TRD-9904498
Renil C. Linér
Commissioner
Texas Appraiser Licensing and Certification Board
Filed: July 26, 1999
Title 13, Part II
The Texas Historical Commission readopts without changes the review to
Chapters 27, Subchapter A (§§27.1 - 27.8), Subchapter B (§§27.21
- 27.242), and Subchapter C (§§27.241 - 27.242) concerning the Adjudicative
Procedures under the Antiquities Code of Texas, and Chapter 28 (§§28.1
- 28.5), concerning State Archeological Landmarks, pursuant to the Appropriations
Act of 1997, HB 1, Article IX, §16, as proposed in the March 26, 1999
issue of the
Texas Register
(24 TexReg 2363).
No comments were received regarding adoption of these sections.
TRD-9904627
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Filed: July 30, 1999
Title 30, Part I
The Texas Natural Resource Conservation Commission (commission) adopts
the review of and readopts 30 TAC Chapter 210, Use of Reclaimed Water. This
review was conducted in accordance with the General Appropriations Act, Article
IX, §167, 75th Legislature, 1997. The proposed review was published in
the April 9, 1999, issue of the
Texas Register
(24 TexReg 2956).
The commission readopts the rules contained in Chapter 210, related to
Use of Reclaimed Water, as required by the General Appropriations Act, Article
IX, §167. Section 167 requires state agencies to review and consider
for readoption rules adopted under the Administrative Procedures Act. The
review must include, at a minimum, an assessment that the reason for the rules
continues to exist. The commission has assessed Chapter 210 and determined
that the reason for the chapter continues to exist. The purpose of Chapter
210 is to establish quality criteria, design, and operational requirements
for use of reclaimed water, which may be substituted for potable water or
freshwater. Specific use categories are defined with corresponding reclaimed
water quality requirements. These criteria are intended to allow the safe
utilization of reclaimed water for conservation of surface and ground water,
to ensure the protection of public health, to be protective of ground and
surface waters, and to help maintain an adequate supply of water resources
for present and future needs.
Chapter 210 provides the framework which has been used by the commission
to fulfill the legislative requirements of the Texas Water Code, §§5.120,
11.002, 11.1271, and 26.040.
Chapter 210 concerns the uses for reclaimed water (wastewater which has
been treated to a quality suitable for a beneficial use) throughout the State
of Texas, and is currently divided into five subchapters. Subchapter A, concerning
General Provisions, contains the definitions pertinent to rules in Chapter
210 only; the notification requirements to receive authorization from the
commission; and the responsibility of the producer, provider, and the user.
Subchapter B, concerning General Requirements for the Production, Conveyance,
and Use of Reclaimed Water, contains the general requirements, storage requirements,
irrigation requirements and the special design criteria for reclaimed water
systems. Subchapter C, concerning Quality Criteria and Specific Uses for Reclaimed
Water, contains specific uses, the quality standards, the sampling and analysis,
and record keeping and reporting requirements. Subchapter D, concerning Alternative
and Pre-existing Reclaimed Water System, contains instructions for alternate
reclaimed water proposals and for pre-existing reclaimed water systems. Subchapter
E, concerning Special Requirements for use of Industrial Reclaimed Water,
explains how and when authorization for an industrial reclaimed water system
is required, and the quality, sampling, and reporting criteria for industrial
reclaimed water.
In 1989, the Texas Water Commission (TWC) responded to a legislative inquiry
concerning the application of water reuse technologies in conjunction with
conservation practices in order to address dwindling water supplies in Texas.
TWC worked in concert with ad hoc committees and developed initial rules and
regulations that would allow and encourage water reclamation, specifically
the reuse of treated domestic wastewater. The rules were developed based on
existing practices in other states and reflected the more conservative rules
from those states.
Revised Subchapters A, B, C, and D were adopted on January 8, 1997. New
Subchapter E was adopted on April 16, 1997. The commission adopted Chapter
210 under its authority in Texas Water Code, §§5.120, 11.002, and
11.1271 which authorizes the commission to conserve and protect the quality
of the water in the state and adopt reasonable water conservation measures.
The comment period on the proposed review closed on May 24, 1999. The commission
received comments from the City of Austin. A summary of those comments follow.
The City of Austin commented that the rules do not address accidental releases
caused by pipeline breaks or leaks along the system. The city expressed concern
that because a wastewater discharge permit requires discharges at specific
points, any discharge along the system could be construed as a non-authorized
discharge. The city further commented that such leaks should not be categorized
as non-authorized discharges and suggested that the commission should instead
require that such leaks be immediately addressed and reported to TNRCC.
The commission disagrees with the comment and maintains that these accidental
releases would be classified as an unauthorized discharge. Discharges of this
nature and the action required are already covered in the standard provisions
of a municipality's wastewater permit and do not need to be covered under
Chapter 210.
The City of Austin commented that references to backflow and siphonage
found in Chapter 290, relating to Water Hygiene, should be made in Chapter
210.
The commission acknowledges the comment and will evaluate whether references
to backflow and siphonage should be made clearer in the Chapter 210 rules.
Section 210.4(a)(4) and §210.25(c) provide for the prevention of cross
connections between reclaimed water distribution lines and potable water lines.
The City of Austin further commented that the current Chapter 210 rules
do not address reclaimed water systems that are part of smaller package plants
and are not connected to centralized wastewater treatment plants. The city
requested that the commission should address these "satellite facilities"
as part of any rule change.
The commission is researching this new use of smaller package plants, and
will evaluate and determine how to address "satellite facilities."
The commission has reviewed the comments submitted and has determined that
reasons for these rules continue to exist and therefore, readopts Chapter
210.
TRD-9904585
Margaret Hoffman
Director
Environmental Law Division
Filed: July 29, 1999
The Texas Natural Resource Conservation Commission (commission) adopts
the review of and readopts 30 Texas Administrative Code (TAC) Chapter 285,
concerning On-Site Sewage Facilities. This review was conducted in accordance
with the General Appropriations Act, Article IX, §167, 75th Legislature,
1997. The proposed review was published in the January 29, 1999, issue of
the
Texas Register
(24 TexReg 610).
The commission adopts the review of the rules contained in 30 TAC Chapter
285 concerning On-Site Sewage Facilities (OSSF) as required by the General
Appropriations Act, Article IX, §167. Section 167 requires state agencies
to review and consider for readoption rules adopted under the Administrative
Procedures Act. The reviews must include, at a minimum, an assessment that
the reasons for the rules continues to exist. The commission has reviewed
the rules in Chapter 285 and determined that the reasons for adopting these
rules continue to exist. The rules are still necessary in order to effectively
administer, manage, and implement the OSSF program regulating the planning,
design, construction, installation, operation, and maintenance of OSSFs in
the state as required by the Texas Health and Safety Code, Chapter 366 (relating
to On-Site Sewage Disposal Systems). These rules assist the state's citizens
in obtaining safe and adequate OSSFs, minimize the exposure of Texas citizens
to the potential disease transmission caused by human and domestic waste,
minimize the contamination of drinking water supplies, minimize the hazards
to the state's recreational areas, and reduce the potential for surface and
groundwater pollution. The use of OSSF systems for treatment and disposal
of domestic wastewater has dramatically increased in the state over the last
few years; therefore, specific rules regulating OSSFs are necessary.
The comment period on the review closed on March 16, 1999. Written comments
were received from 50 commenters, representing engineers, sanitarians, manufacturers,
authorized agents (cities, counties, river authorities, and public health
districts), installers, and others. A total of 265 comments were presented
by these commenters.
Only one commenter addressed the review of the rules. An OSSF installer
indicated that he believes "we have a good set of rules," and that the rules
are necessary for everyone, including the consumer. There were no comments
indicating that the rules are not needed and should be repealed. Based on
these comments and on its own assessment, the commission has determined the
reasons for the rules continue to exist and the rules should be readopted.
As part of the rules review proposal, the commission also listed three
recommendations received from a 20-member ad hoc committee composed of installers,
regulators, designers, engineers, and sanitarians from all areas of the state.
These recommendations identified areas in the rules which could be improved
or clarified. The majority of the comments received during the rules review
addressed the need to change, modify, add to, or delete requirements in Subchapter
A, General Provisions; Subchapter D, Planning, Construction, and Installation
Standards for OSSFs; Subchapter F, Registration, Certification, and/or Training
Requirements for Installers, Apprentices, Site Evaluators, and Designated
Representatives; and Subchapter I, Appendices. Recommendations made by the
commenters included adding or modifying definitions, addressing lot sizes,
expanding use of cluster systems, addressing maintenance requirements for
OSSFs, modifying technical requirements for planning and installing OSSFs,
addressing experience requirements for installers, and addressing the issue
of site evaluators.
All comments not directly addressing the rules review will be considered
during the rule revision process. In order to fully consider the various comments
and incorporate appropriate changes into this chapter, the staff will begin
meeting with various interest groups in August 1999, to assess all non-rules
review related comments. Proposed changes to the rules based upon these comments
will be brought before the commission for consideration in January 2000. For
further information regarding the comments and the rules revision process,
please contact Warren Samuelson, Team Leader, OSSF Program, (512) 239-4799.
TRD-9904584
Margaret Hoffman
Director
Environmental Law Division
Filed: July 29, 1999
Title 37, Part I
The Texas Department of Public Safety (DPS) has completed the review of
Chapter 6, License to Carry Concealed Handgun; Chapter 11, Commercial Vehicle
Registration; and Chapter 17, Administrative License Revocation. Pursuant
to the requirements of §167 of the Appropriations Act, the DPS readopts
the following: Chapter 6: §§6.2, 6.12, 6.13, 6.19, 6.20, 6.32, 6.41,
6.42, 6.46, 6.47, 6.51-6.54, 6.62, 6.71-6.81, 6.83, 6.85-6.94, 6.96, 6.111-6.113,
6.115-6.117, and 6.119; and to Chapter 11: §§11.2-11.4, 11.53, and
11.61.
The proposed review was published in the June 4, 1999, issue of the
The DPS received no comments as to whether the reason for adopting the
rules continues to exist. The DPS finds that the reason for adopting these
rules continues to exist.
As part of this review process, the DPS proposed amendments to the following
sections as published in the June 4, 1999, issue of the
Texas Register
(24 TexReg 4178). The DPS proposed amendments to Chapter
6, §§6.1, 6.3-6.5, 6.11, 6.14-6.18, 6.31, 6.43-6.45, 6.61, 6.63,
6.82, 6.84, 6.95, 6.114, and 6.118. §6.21 was proposed for repeal with
the simultaneous filing of new §6.21. Amendments to Chapter 11 included
§§11.1, 11.5, 11.51, and 11.52. §§11.28 and 11.41-11.44
were proposed for repeal. The DPS also proposed the repeal of Chapter 17,
§§17.1-17.16 with the simultaneous filing of new §§17.1-17.16.
The DPS received no comments on the proposed amendments and repeals. The
DPS finds that the reason for adopting these rules continues to exist.
TRD-9904610
Dudley M. Thomas
Director
Texas Department of Public Safety
Filed: July 30, 1999
Motor Vehicle Board, Texas Department of Transportation
Texas State Board of Public Accountancy
Texas Racing Commission
Adopted Rule Reviews
Texas Historical Commission
Texas Natural Resource Conservation Commission
Texas Department of Public Safety