Agency Rule Review Plan
Texas Workers' Compensation Commission
Title 28, Part 2
Filed: July 19, 2000
Texas Youth Commission
Title 37, Part 3
Filed: July 24, 2000
Commission on State Emergency Communications
Title 1, Part 12
The Commission on State Emergency Communications proposes to review §251.9,
concerning Guidelines for Addressing Maintenance Funds, in accordance with
the Appropriations Act, Article IX, Section 167.
The Commission on State Emergency Communications previously proposed and
adopted the review regarding this section, which was effective August 16,
1999. The agency would again like to invite public comment and feedback regarding
this section.
The Commission on State Emergency Communications will accept comments for
30 days following the publication of this rule review in the
Texas Register
. Comments on the proposal may be submitted to: James
D. Goerke, Executive Director, Commission on State Emergency Communications,
333 Guadalupe Street, Suite 2-212, Austin, Texas 78701; phone (512) 306-6911;
or fax (512) 305-6937.
This notice is in accordance with the Appropriations Act, Article IX, Section
167.
TRD-200005131
James D. Goerke
Executive Director
Commission of State Emergency Communications
Filed: July 25, 2000
Title 30, Part 1
The Texas Natural Resource Conservation Commission (commission) notices
the intention to review and proposes readoption of Chapter 289, Weather Modification.
This review of Chapter 289 is proposed in accordance with the requirements
of Texas Government Code, §2001.039, and the General Appropriations Act,
Article IX, §9-10.13, 76th Legislature, 1999, which requires state agencies
to review and consider for readoption each of its rules every four years.
A review must include an assessment of whether the reasons for the rules continue
to exist.
Chapter 289 provides for the issuance of licenses and permits to conduct
weather modification for rain-enhancement (cloud-seeding) programs. This chapter
contains provisions for the issuance of Texas weather-modification licenses
and permits; record keeping and reporting requirements; provisions for the
amendment, revocation, and suspension of licenses and permits on motion of
the commission; requirements for the amendment of permits upon application
of permittees; and hail suppression election provisions.
The commission has conducted a preliminary review of the rules under Chapter
289 and has determined that the reasons for adopting these rules continue
to exist. These rules are needed to implement provisions of the Texas Weather
Modification Act, passed in 1967 and codified as the Texas Water Code, Chapter
18, and were adopted under the authority granted to the commission under the
Texas Water Code, §§5.103, 18.011 - 18.013. The rules provide specific
requirements which must be met to satisfy the statutory requirements set out
in the Texas Water Code, Chapter 18. The commission invites comments on whether
the reasons for the rules in Chapter 289 continue to exist.
Comments may be submitted to Angela Slupe, Office of Environmental Policy,
Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239-4808. All comments should reference Rule Log Number
2000-009-289-WT. Comments must be received by 5:00 p.m., September 3, 2000.
All comments must be submitted in writing. For further information or questions
concerning this proposal, please contact Mary Ambrose, Policy and Regulations
Division, at (512) 239-4813 or Debi Dyer, Policy and Regulations Division,
at (512) 239-3972.
TRD-200005123
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: July 25, 2000
The Texas Natural Resource Conservation Commission (commission) notices
the intention to review and proposes readoption of Chapter 305, Consolidated
Permits. This review of Chapter 305 is proposed in accordance with the requirements
of Texas Government Code, §2001.039; and the General Appropriations Act,
Article IX, §9-10.13, 76th Legislature, 1999, which requires state agencies
to review and consider for readoption each of its rules every four years.
A review must include an assessment of whether the reasons for the rules continue
to exist.
Chapter 305, Consolidated Permits, includes requirements for emergency
and temporary orders and executive director authorizations; permit applications
for renewal, amendment, and other permit actions; and, standards for permit
conditions and characteristics. Chapter 305 provides additional requirements
for applications and standard permit conditions, Texas Pollutant Discharge
Elimination System (TPDES) standards, and requirements for wastewater discharge
permits.
More specifically, Subchapter A contains general provisions. Subchapter
B contains requirements for emergency and temporary orders. Subchapter C provides
requirements for permit applications filed under Texas Water Code, Chapters
26 - 28, and under Texas Health and Safety Code, Chapters 361 and 401. These
requirements address application fees and the contents of a permit application,
including specific requirements for the content of applications for wastewater
discharge, injection well, hazardous and industrial solid waste, and radioactive
materials permits.
Subchapter D contains standards and requirements for applications related
to basin permitting, temporary authorizations and permit amendments, modifications,
renewals, transfers, corrections, revocations, denials, and suspensions.
Subchapter F establishes the characteristics and standards for injection
wells, waste discharge, radioactive material disposal, and solid waste management
(including sewage sludge) permits. This subchapter also includes requirements
for signatories to reports and adopts federal regulations related to TPDES
permits.
Subchapter G establishes characteristics and standards for hazardous and
industrial solid waste permits, including requirements related to recordkeeping,
certification and inspection, reporting, monitoring of commercial hazardous
waste management facilities and time limits for construction of commercial
hazardous waste management units. This subchapter also adopts federal regulations
related to hazardous waste permits.
Subchapter H establishes characteristics and standards for Class I, Class
III, and Class V injection well permits, including requirements related to
corrective action, completion and inspection of injection well construction,
closure, financial assurance, liability insurance, production area authorizations,
and recordkeeping.
Subchapters I - K contain, respectively, operational requirements for hazardous
waste incinerator permits, requirements for Land Treatment Demonstration Permits
and requirements for Research, Development and Demonstration Permits.
Subchapter L establishes requirements for compliance plans, which address
groundwater protection requirements related to compliance monitoring and corrective
action for hazardous waste management facilities.
Subchapter M establishes requirements for the Waste Treatment Inspection
Fee Program, which imposes fees on permittees authorized to treat or discharge
wastewater under the Texas Water Code, Chapter 26.
Subchapter N adopts by reference a memorandum of understanding between
the commission and the Texas Department of Transportation, which concerns
primarily the assessment of water quality impacts resulting from certain transportation
projects.
Subchapter O establishes additional requirements for wastewater discharge
and sewage sludge permits, including adoption by reference of federal regulations
related to TPDES permits, adoption of Environmental Protection Agency (EPA)
permits and pretreatment programs, standards for new sources and new dischargers,
requirements for TPDES permitted facilities, and requirements for applications
and permits with sludge related conditions.
Subchapter P adopts by reference federal regulations related to TPDES permits
and Subchapter Q contains requirements for boilers and industrial furnaces
burning hazardous waste.
The commission conducted a preliminary review of the rules under Chapter
305 and has determined that the reasons for adopting these rules continue
to exist. These rules are needed to implement provisions of state law including
the Texas Water Code, Chapters 26 - 28 as well as the Texas Health and Safety
Code, Chapters 361 and 401. Chapter 305 contains substantive and procedural
regulations applicable to the permitting programs created and authorized by
these statutues. The commission invites comments on whether the reasons for
the rules in Chapter 305 continue to exist.
Comments may be submitted to Angela Slupe, Office of Environmental Policy,
Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239-4808. All comments should reference Rule Log Number
2000-007-305-WT. Comments must be received by
5:00
p.m., September 3, 2000
. All comments must be submitted in
writing
. For further information or questions concerning this proposal,
please contact Michelle Lingo, Attorney, Policy and Regulations Division,
at (512) 239- 6757, or Debi Dyer, Policy and Regulations Division, at (512)
239-3972.
TRD-200005124
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: July 25, 2000
Title 40, Part 12
The Texas Board of Occupational Therapy Examiners files this notice of
intention to review the chapters as listed below, pursuant to the General
Appropriations Act, House Bill 1, Article IX, §167, passed by the 75th
Legislature (1997).
The board's reasons for adopting the rules in these chapters continue to
exist, and it proposes to readopt them all. Any rule amendments determined
to be necessary during the review will be formally proposed at a subsequent
board meeting, and will not be submitted simultaneously with the Notice of
Readoption.
The board encourages comments regarding the readoption of the rules. The
deadline for comments is 30 days after the publication of this notice in the
Any questions or comments regarding whether the reason for adopting these
rules continues to exist must be received at the agency by 5:00 p.m. on July
14, 2000. All questions or comments should be directed to Augusta Gelfand,
OT Coordinator, 333 Guadalupe, Suite 2-510, Austin, Texas, 78701. Phone: (512)
305-6900. Email: augusta.gelfand@mail.capnet.state.tx.us.
Chapter 361. Statutory Authority.
Chapter 362. Definitions.
Chapter 363. Consumer/Licensee Information.
Chapter 364. Requirements for Licensure.
Chapter 365. Types of Licenses.
Chapter 366. Application for License.
Chapter 367. Continuing Education.
Chapter 368. Open Records.
Chapter 369. Display of License.
Chapter 370. License Renewal.
Chapter 371. Inactive/Retiree Status.
Chapter 372. Provision of Services.
Chapter 373. Supervision.
Chapter 374. Disciplinary Actions/Complaints/Code of Ethics.
Chapter 375. Fees.
Chapter 376. Registration of Facilities.
TRD-200005217
John Maline
Executive Director
Texas Board of Occupational Therapy Examiners
Filed: July 27, 2000
Title 28, Part 2
The Texas Workers' Compensation Commission files this notice of intention
to review the rules contained in Chapter 152 concerning Representation of
Parties Before the Agency - Attorney's Fee. This review is pursuant to the
General Appropriations Act, Article IX, §167, 75th Legislature, the General
Appropriations Act, Section 9-10, 76th Legislature, and Texas Government Code §2001.039
as added by SB-178, 76th Legislature.
The agency's reason for adopting the rules contained in these chapters
continues to exist and it proposes to readopt Chapter 152.
Comments regarding whether the reason for adopting these rules continues
to exist must be received by 5:00 p.m. on September 5, 2000 and submitted
to Cherie Zavitson, Office of General Counsel, Mailstop #4-D, Texas Workers'
Compensation Commission, Southfield Building, 4000 South IH 35, Austin, Texas
78704-7491.
Chapter 152 Representation of Parties Before the Agency - Attorney's Fees
§152.1 Attorney Fees: General Provisions
§152.2 Attorney Fees: Representation of Claimants
§152.3 Approval or Denial of Fee by the Commission
§152.4 Guidelines for Legal Services Provided to Claimants and Carriers
§152.5 Allowable Expenses
TRD-200005145
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: July 26, 2000
Agency Rule Review Plan--Revised
Proposed Rule Reviews
Texas Natural Resource Conservation Commission
Texas Board of Occupational Therapy Examiners
Texas Workers' Compensation Commission
Adopted Rule Reviews