TITLE 31.NATURAL RESOURCES AND CONSERVATION

Part 1. GENERAL LAND OFFICE

Chapter 21. OIL SPILL PREVENTION AND RESPONSE HEARING PROCEDURES

31 TAC §§21.1-21.31, 21.33-21.52

The General Land Office (GLO) adopts without changes the repeal of 31 TAC, Chapter 21, §§21.1-21.31, 21.33-21.52, relating to Oil Spill Prevention and Response Hearings Procedures as published in the December 17, 1999, issue of the Texas Register (24 TexReg 11243).

In accordance with the Appropriations Act of 1997, HB 1, Article IX, Section 167 requires that each state agency review and consider for readoption each rule pursuant to the Government Code, Chapter 2001. The Notice of Intent to review Chapter 21 was originally published in the November 13, 1999, edition of the Texas Register . The result of the rule review at that time found that reasons for adopting the rules continued to exist and readopted the rules as published in the April 30, 1999, edition of the Texas Register .

The GLO has now determined that because (1) these rules merely paraphrase existing statutes without adding any agency interpretation, policy, or other additional information; (2) the information can be found on the GLO website; and (3) the GLO hearing rules in 31 TAC, Chapter 2, relating to Rules of Practice and Procedure, contain adequate guidance for hearings under the Oil Spill Prevention and Response Act (OSPRA), the rules currently found in Chapter 21 are unnecessary. In addition to the rules at 31 TAC, Chapter 2, OSPRA act hearings are governed by the procedures in the Texas Administrative Procedures Act. The repeal of Chapter 21 will simplify hearings under OSPRA.

There were no comments received regarding the repeal of Chapter 21.

The repeal is adopted under Texas Natural Resources Code, §40.007, which provides the commissioner with the authority to establish rules for Oil Spill Prevention and Response. This repeal affects Texas Natural Resource Code §40.007.

This repeal does not affect any statute, code or article.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 27, 2000.

TRD-200000578

Larry Soward

Chief Clerk

General Land Office

Effective date: February 16, 2000

Proposal publication date: December 17, 1999

For further information, please call: (512) 305-9129


Part 10. TEXAS WATER DEVELOPMENT BOARD

Chapter 365. INVESTMENT RULES

The Texas Water Development Board (the board) adopts amendments to 31 TAC §§365.2, 365.8, and 365.18 regarding investment rules without changes to the proposed text as published in the December 3, 1999 Texas Register (24 TexReg 10816) and will not be republished. The amendments are proposed for clarification and compliance with the Public Funds Investment Act (PFIA), Government Code, Chapter 2256.

Section 365.2(7) is amended to specify the definition of a Historically Underutilized Business (HUB) as a business that is certified as a HUB by the Texas General Services Commission pursuant to the Government Code, Chapter 2161. Section 365.2(8) is proposed for amendment to reflect the appropriate title for the Director of Internal Audit. Sections 365.8 and 365.18 are amended to reflect changes to the frequency of audit requirements in accordance with recent amendments to the Government Code, Chapter 2256, §2256.005.

No comments were received on the proposed amendments.

Subchapter A. GENERAL PROVISIONS

31 TAC §365.2, §365.8

The amendments are adopted under the authority of the Texas Water Code, §6.101 which provides the Texas Water Development Board with the authority to adopt rules necessary to carry out the powers and duties in the Water Code and other laws of the State, and the Texas Government Code, Chapters 2256 and 2257 which requires each State agency to adopt rules regarding the investment of its funds.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 26, 2000.

TRD-200000507

Suzanne Schwartz

General Counsel

Texas Water Development Board

Effective date: February 15, 2000

Proposal publication date: December 3, 1999

For further information, please call: (512) 463-7981


Subchapter B. SELECTION OF AUTHORIZED DEALERS

31 TAC §365.18

The amendments are adopted under the authority of the Texas Water Code, §6.101 which provides the Texas Water Development Board with the authority to adopt rules necessary to carry out the powers and duties in the Water Code and other laws of the State, and the Texas Government Code, Chapters 2256 and 2257 which requires each State agency to adopt rules regarding the investment of its funds.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 26, 2000.

TRD-200000508

Suzanne Schwartz

General Counsel

Texas Water Development Board

Effective date: February 15, 2000

Proposal publication date: December 3, 1999

For further information, please call: (512) 463-7981