Proposed Rule Review
Anatomical Board of the State of Texas
Title 25, Part 4
The Anatomical Board of the State of Texas (Board) files this notice of
intention to review the entirety of its rules at 25 Texas Administrative Code,
Part IV, Chapter 471, pursuant to Government Code, §2001.039 which requires
agencies to review their rules every four years.
As part of its review process the Board proposes amendments to §§471.1,
471.3, 471.4. The proposed amendments are published in the Proposed Rules
section of this issue of the
Texas Register
.
The Board proposes no changes to its remaining rules and intends to readopt
them.
The Board is authorized by Health and Safety Code, §§691.007,
691.008 and 691.022 to:
1) adopt rules for the Board's administration;
2) set and collect reasonable and necessary fees for receiving and distributing
bodies; and
3) adopt rules to assure that bodies in the custody of the board or its
member institutions are treated with respect.
Because the Board's rules relate to its administration, to the setting
and collecting of fees for receiving and distributing bodes, and to the treatment
of bodies with respect, it appears that the reasons for originally adopting
the rules continue to exist.
Comments on the Board review of its rules and on the proposed amendments
may be submitted by mail to Andrew F. Payer, Ph.D., Secretary-Treasurer, Anatomical
Board of the State of Texas; University of Texas Medical Branch; Galveston,
Texas 77555-0846 or by email to afpayer@utmb.edu for a period of 45 days from
the date of publication of this notice of intention to review.
TRD-200004612
Dr. Andrew F. Payer, Ph.D.
Board's Secretary-Treasurer
Anatomical Board of the State of Texas
Filed: July 3, 2000
Title 25, Part 4
The Anatomical Board of the State of Texas (Board) files this notice of
intention to review the entirety of its rules at 25 Texas Administrative Code,
Part IV, Chapter 473, pursuant to Government Code, §2001.039 which requires
agencies to review their rules every four years.
As part of its review process the Board proposes an amendment to §473.1.
The proposed amendment is published in the Proposed Rules section of this
issue of the
Texas Register
. The Board proposes
no changes to its remaining rule and intends to readopt it.
The Board is authorized by Health and Safety Code, §§691.007,
691.008 and 691.022 to:
1) adopt rules for the Board's administration;
2) set and collect reasonable and necessary fees for receiving and distributing
bodies; and
3) adopt rules to assure that bodies in the custody of the board or its
member institutions are treated with respect.
Because the Board's rules relate to its administration, to the setting
and collecting of fees for receiving and distributing bodes, and to the treatment
of bodies with respect, it appears that the reasons for originally adopting
the rules continue to exist.
Comments on the Board review of its rules and on the proposed amendments
may be submitted by mail to Andrew F. Payer, Ph.D., Secretary-Treasurer, Anatomical
Board of the State of Texas; University of Texas Medical Branch; Galveston,
Texas 77555-0846 or by email to afpayer@utmb.edu for a period of 45 days from
the date of publication of this notice of intention to review.
TRD-200004613
Dr. Andrew F. Payer, Ph.D.
Board's Secretary-Treasurer
Anatomical Board of the State of Texas
Filed: July 3, 2000
Title 25, Part 4
The Anatomical Board of the State of Texas (Board) files this notice of
intention to review the entirety of its rules at 25 Texas Administrative Code,
Part IV, Chapter 475, pursuant to Government Code, §2001.039 which requires
agencies to review their rules every four years.
As part of its review process the Board proposes amendments to §§475.1-475.3,
475.5. The proposed amendments are published in the Proposed Rules section
of this issue of the
Texas Register
. The Board
proposes no changes to its remaining rules and intends to readopt them.
The Board is authorized by Health and Safety Code, §§691.007,
691.008 and 691.022 to:
1) adopt rules for the Board's administration;
2) set and collect reasonable and necessary fees for receiving and distributing
bodies; and
3) adopt rules to assure that bodies in the custody of the board or its
member institutions are treated with respect.
Because the Board's rules relate to its administration, to the setting
and collecting of fees for receiving and distributing bodes, and to the treatment
of bodies with respect, it appears that the reasons for originally adopting
the rules continue to exist.
Comments on the Board review of its rules and on the proposed amendments
may be submitted by mail to Andrew F. Payer, Ph.D., Secretary-Treasurer, Anatomical
Board of the State of Texas; University of Texas Medical Branch; Galveston,
Texas 77555-0846 or by email to afpayer@utmb.edu for a period of 45 days from
the date of publication of this notice of intention to review.
TRD-200004614
Dr. Andrew F. Payer, Ph.D.
Board's Secretary-Treasurer
Anatomical Board of the State of Texas
Filed: July 3, 2000
Title 25, Part 4
The Anatomical Board of the State of Texas (Board) files this notice of
intention to review the entirety of its rules at 25 Texas Administrative Code,
Part IV, Chapter 477, pursuant to Government Code, §2001.039 which requires
agencies to review their rules every four years.
As part of its review process the Board proposes amendments to §§477.1,
477.4-477.8. The proposed amendments are published in the Proposed Rules section
of this issue of the
Texas Register
. The Board
proposes no changes to its remaining rules and intends to readopt them.
The Board is authorized by Health and Safety Code, §§691.007,
691.008 and 691.022 to:
1) adopt rules for the Board's administration;
2) set and collect reasonable and necessary fees for receiving and distributing
bodies; and
3) adopt rules to assure that bodies in the custody of the board or its
member institutions are treated with respect.
Because the Board's rules relate to its administration, to the setting
and collecting of fees for receiving and distributing bodes, and to the treatment
of bodies with respect, it appears that the reasons for originally adopting
the rules continue to exist.
Comments on the Board review of its rules and on the proposed amendments
may be submitted by mail to Andrew F. Payer, Ph.D., Secretary-Treasurer, Anatomical
Board of the State of Texas; University of Texas Medical Branch; Galveston,
Texas 77555-0846 or by email to afpayer@utmb.edu for a period of 45 days from
the date of publication of this notice of intention to review.
TRD-200004615
Dr. Andrew F. Payer, Ph.D.
Board's Secretary-Treasurer
Anatomical Board of the State of Texas
Filed: July 3, 2000
Title 25, Part 4
The Anatomical Board of the State of Texas (Board) files this notice of
intention to review the entirety of its rules at 25 Texas Administrative Code,
Part 4, Chapter 479, pursuant to Government Code, §2001.039 which requires
agencies to review their rules every four years.
As part of its review process the Board proposes amendments to §479.2
and §479.5. The proposed amendments are published in the Proposed Rules
section of this issue of the
Texas Register
.
The Board proposes no changes to its remaining rules and intends to readopt
them.
The Board is authorized by Health and Safety Code, §§691.007,
691.008 and 691.022 to:
1) adopt rules for the Board's administration;
2) set and collect reasonable and necessary fees for receiving and distributing
bodies; and
3) adopt rules to assure that bodies in the custody of the board or its
member institutions are treated with respect.
Because the Board's rules relate to its administration, to the setting
and collecting of fees for receiving and distributing bodes, and to the treatment
of bodies with respect, it appears that the reasons for originally adopting
the rules continue to exist.
Comments on the Board review of its rules and on the proposed amendments
may be submitted by mail to Andrew F. Payer, Ph.D., Secretary-Treasurer, Anatomical
Board of the State of Texas; University of Texas Medical Branch; Galveston,
Texas 77555-0846 or by email to afpayer@utmb.edu for a period of 45 days from
the date of publication of this notice of intention to review.
TRD-200004618
Dr. Andrew F. Payer, Ph.D.
Board's Secretary-Treasurer
Anatomical Board of the State of Texas
Filed: July 3, 2000
Title 25, Part 4
The Anatomical Board of the State of Texas (Board) files this notice of
intention to review the entirety of its rules at 25 Texas Administrative Code,
Part 4, Chapter 481, pursuant to Government Code, §2001.039 which requires
agencies to review their rules every four years.
As part of its review process the Board proposes an amendment to §481.1.
The proposed amendment is published in the Proposed Rules section of this
issue of the
Texas Register
. The Board proposes
no changes to its remaining rule and intends to readopt it.
The Board is authorized by Health and Safety Code, §§691.007,
691.008 and 691.022 to:
1) adopt rules for the Board's administration;
2) set and collect reasonable and necessary fees for receiving and distributing
bodies; and
3) adopt rules to assure that bodies in the custody of the board or its
member institutions are treated with respect.
Because the Board's rules relate to its administration, to the setting
and collecting of fees for receiving and distributing bodes, and to the treatment
of bodies with respect, it appears that the reasons for originally adopting
the rules continue to exist.
Comments on the Board review of its rules and on the proposed amendments
may be submitted by mail to Andrew F. Payer, Ph.D., Secretary-Treasurer, Anatomical
Board of the State of Texas; University of Texas Medical Branch; Galveston,
Texas 77555-0846 or by email to afpayer@utmb.edu for a period of 45 days from
the date of publication of this notice of intention to review.
TRD-200004616
Dr. Andrew F. Payer, Ph.D.
Board's Secretary-Treasurer
Anatomical Board of the State of Texas
Filed: July 3, 2000
Title 25, Part 4
The Anatomical Board of the State of Texas (Board) files this notice of
intention to review the entirety of its rules at 25 Texas Administrative Code,
Part 4, Chapter 483, pursuant to Government Code, §2001.039 which requires
agencies to review their rules every four years.
As part of its review process the Board proposes an amendment to §483.1.
The proposed amendment is published in the Proposed Rules section of this
issue of the
Texas Register
. The Board proposes
no changes to its remaining rule and intends to readopt it.
The Board is authorized by Health and Safety Code, §§691.007,
691.008 and 691.022 to:
1) adopt rules for the Board's administration;
2) set and collect reasonable and necessary fees for receiving and distributing
bodies; and
3) adopt rules to assure that bodies in the custody of the board or its
member institutions are treated with respect.
Because the Board's rules relate to its administration, to the setting
and collecting of fees for receiving and distributing bodes, and to the treatment
of bodies with respect, it appears that the reasons for originally adopting
the rules continue to exist.
Comments on the Board review of its rules and on the proposed amendments
may be submitted by mail to Andrew F. Payer, Ph.D., Secretary-Treasurer, Anatomical
Board of the State of Texas; University of Texas Medical Branch; Galveston,
Texas 77555-0846 or by email to afpayer@utmb.edu for a period of 45 days from
the date of publication of this notice of intention to review.
TRD-200004617
Dr. Andrew F. Payer, Ph.D.
Board's Secretary-Treasurer
Anatomical Board of the State of Texas
Filed: July 3, 2000
Title 30, Part 1
The Texas Natural Resource Conservation Commission (commission) proposes
the review of and proposes readoption of 30 TAC Chapter 331, Underground Injection
Control. This review is in accordance with Texas Government Code, §2001.039;
and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature,
1999, which require state agencies to review and consider for readoption each
of their rules every four years.
The provisions of Chapter 331, Underground Injection Control, are intended
to prevent the contamination of groundwater from wastes injected into underground
wells which are under the jurisdiction of the commission. Texas Government
Code, §2001.039; and the General Appropriations Act, Article IX, §9
- 10.13, 76th Legislature, 1999, require state agencies to review and consider
for readoption each of their rules every four years. The review must include
an assessment that the reasons for the rules continue to exist. The commission
has reviewed the rules in Chapter 331 and determined that the reasons for
adopting those rules continue to exist. The rules are necessary to prevent
the contamination of groundwater by the injection of wastes into underground
wells; to implement Texas Water Code, Chapter 27, Injection Wells; and to
implement applicable federal rules in 40 Code of Federal Regulations Parts
144, 146, and 148 concerning Underground Injection Control Program, Underground
Injection Control Program: Criteria and Standards, and Hazardous Waste Injection
Restrictions, respectively.
The commission concurrently proposes to amend sections of Chapter 305 and
Chapter 331 in the Proposed Rules section of this issue of the
Texas Register
. These amendments are proposed as a result of the commission's
review of the rules to address the commission's regulatory reform initiative.
The specific changes are noted in the proposed rule preambles.
Comments on the commission's review of the rules contained in Chapter 331
may be submitted to Angela Slupe, Texas Natural Resource Conservation Commission,
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 1999-025-331-WS. Comments must be submitted by 5:00
p.m. on August 14, 2000. For further information, please contact David Williams
at (512) 239-0339 or Devane Clarke at (512) 239-5604.
TRD-200004565
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: June 30, 2000
Title 37, Part 1
The Texas Department of Public Safety (DPS) files this notice of intention
to review the rules contained in Chapter 1 - Organization and Administration;
and Chapter 27 - Crime Records pursuant to the Appropriations Act of 1997,
House Bill 1, Article IX, Section 167.
The agency's reason for adopting the rules contained in these chapters
continues to exist and it proposes to readopt these rules. Comments regarding
the Section 167 requirements as to whether the reason for adopting Chapter
1 and Chapter 27 continues to exist, may be submitted to Mary Ann Courter,
General Counsel, Texas Department of Public Safety, Box 4087, Austin, Texas
78773-0140, (512) 424-2890, within 20 days after publication of this notice
of intention to review.
Any questions pertaining to this notice of intention to review should be
directed to Mary Ann Courter, General Counsel, Texas Department of Public
Safety, Box 4087, Austin, Texas 78773-0140, (512) 424-2890.
TRD-200004504
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Filed: June 28, 2000
Texas Department of Agriculture - Texas Agricultural Finance Authority
Title 4, Part 1
The Texas Department of Agriculture (the department) adopts the review
of Title 4, Texas Administrative Code, Part 1, Chapter 17, concerning Marketing
and Promotion Division, pursuant to the Texas Government Code, §2001.039
and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature,
1999 (Section 9-10.13), and readopts this chapter with the amendments and
repeal proposed in its notice of intention to review The proposed notice
of intent to review was published in the May 19, 2000, issue of the
Section 9-10.13 and §2001.039 require state agencies to review and
consider for readoption each of their rules every four years. The review
must include an assessment of whether the original justification for the
rules continues to exist.
As part of the review process, the department proposed amendments to Title
4, Part 1,§§17.51, 17.304, 17.306, and 17.308, and the repeal of §17.200.
These proposals were also published in the May 19, 2000, issue of the
The department has determined that in addition to readopting the above-referenced
sections with amendments, and adopting the repeal of §17.200, the reason
for adopting or readopting without changes all remaining sections in Title
4, Part 1, Chapter 17, continues to exist.
TRD-200004549
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture-Texas Agricultural Finance Authority
Filed: June 30, 2000
Title 30, Part 1
The Texas Natural Resource Conservation Commission (commission or TNRCC)
adopts the review of 30 TAC Chapter 104, concerning Bond Certification Criteria
for Air Pollution Control Facilities. The review was conducted in accordance
with the Texas Government Code, §2001.039, and the General Appropriations
Act, Article IX, §9 - 10.13, 76th Legislature, 1999. The proposed notice
of intention to review was published in the March 17, 2000 issue of the
The commission concurrently adopts the repeal of the rules contained in
30 TAC Chapter 104, in the Adopted Rules section of this issue of the
The Chapter 104 rules were first adopted by the Texas Air Control Board,
now the TNRCC, in early 1973. They allow companies and bond issuing agencies
to apply for certification from the TNRCC that certain property or equipment
qualifies as a "control facility." The statutory authority for these rules
is the Texas Clean Air Financing Act (TCAFA), which defines a control facility
as a facility which was designed to reduce or eliminate air pollution. The
purpose of the TCAFA is to allow, if not promote, affordable financing for
the purchase of such equipment, through the sale of tax-exempt industrial
development bonds, a procedure that was authorized under the United States
Internal Revenue Code. In order to qualify for this financing, a facility
is required to be certified as a "control facility" by the TNRCC. In 1986,
however, the United States Congress deleted the bond program for air pollution
control equipment from the Internal Revenue Code, §103(c), effectively
eliminating the financial incentive for obtaining these certifications. The
last bond certification was issued in June 1986. The commission does not expect
to receive any more requests for bond certifications due to changes in the
federal Internal Revenue Code that eliminated the tax incentive for these
bonds. As an alternative to clean air financing bonds, companies today may
apply for
ad valorem
tax relief for new air
pollution control equipment under 30 TAC Chapter 17, concerning Tax Relief
for Property Used for Environmental Protection.
Statutory authority for Chapter 104 remains in effect under Texas Health
and Safety Code, Chapter 383 and continues to allow the TNRCC to issue control
facility bond certifications with or without the procedural rules in Chapter
104. While the statute allows the commission to "prescribe necessary criteria
and procedures for certifying a control facility," it does not require the
commission to adopt or maintain implementing regulations or procedures.
The commission did not receive any comments at the public hearing which
was held on April 11, 2000, or during the public comment period which closed
on April 17, 2000.
TRD-200004567
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resources Conservation Commission
Filed: June 30, 2000
Title 30, Part 1
The Texas Natural Resource Conservation Commission (commission) approves
the review of Chapter 335, Industrial Solid Waste and Municipal Hazardous
Waste. This review is 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 their rules every four years. The Notice of Intention
to Review was published for comment in the March 24, 2000 issue of the
Chapter 335 is a recodification of rules which were initiated in 1970 with
the adoption of regulations concerning industrial solid waste by the Texas
Water Quality Board pursuant to the Texas Solid Waste Disposal Act, 61st Legislature,
1969. These initial rules established design criteria and permit requirements
for commercial disposal operations, established the basic policy that waste
generators are responsible for assuring that their waste is properly and safely
disposed of, and established requirements for a certificate of registration
whereby each noncommercial industrial solid waste facility's compliance status
would be established and regularly reviewed.
Subsequent regulatory development came in 1975, when the Texas Water Quality
Board revised its industrial solid waste regulations to establish uniform
performance standards for all disposal operations. The 1975 amendments prohibited
discharge of industrial solid waste to groundwater or surface water, prohibited
the creation of any nuisance or public health problems, and prohibited disposal
at unauthorized locations. Also, these amendments called for the development
of technical guidelines outlining recommended technical standards for various
methods of industrial solid waste storage and disposal and established shipping
control requirements for a certain category of industrial solid waste.
The 65th Legislature, 1977, amended the Texas Solid Waste Disposal Act
to require permits for all waste storage, processing, and disposal facilities
which would manage waste identified as hazardous waste by the administrator
of the United States Environmental Protection Agency (EPA). Then, after the
identification of hazardous waste by EPA in 1980, the Texas Department of
Water Resources (TDWR) adopted rules implementing this statutory permit requirement.
These rules also set forth hazardous industrial solid waste management requirements
patterned after the hazardous waste regulations promulgated by the EPA. Subsequently,
the TDWR made application and was granted authorization by the EPA under the
Resource Conservation and Recovery Act (RCRA) to implement hazardous waste
program elements in lieu of the EPA. Successor agencies to the TDWR, the Texas
Water Commission and the TNRCC, have amended Chapter 335 over the intervening
years to maintain this authorization under RCRA.
The commission has reviewed the rules in Chapter 335 and has determined
that the reasons for adopting these rules continues to exist, with the exception
of §335.226, relating to Standards for Burning Hazardous Waste in Commercial
Combustion Facilities; §335.227, relating to Testing Requirements for
Commercial Hazardous Waste Combustion Facilities; §335.228, relating
to Monitoring and Recordkeeping Requirements for Commercial Hazardous Waste
Combustion Facilities; §335.229, relating to Operating Requirements for
Commercial Hazardous Waste Combustion Facilities; §335.361, relating
to Definitions; §335.362, relating to Applicability; §335.363, relating
to Permit Conditions; §335.364, relating to Representations in Application
for Permit; §335.365, relating to Responsibility for Review of Air Quality
Impacts from Existing, New, and Modified Facilities; §335.366, relating
to General Air Emissions Requirements for Hazardous or Solid Waste Management
Facilities; §335.367, relating to Specific Air Emissions Requirements
for Hazardous or Solid Waste Management Facilities; and §335.404, relating
to Interagency Coordination. With the aforementioned exceptions, these rules
are needed to accomplish the purposes of Texas Health and Safety Code (THSC),
Chapter 361, in accordance with THSC, §361.017(b), which states "The
commission shall accomplish the purposes of this chapter by controlling all
aspects of the management of industrial solid waste and hazardous municipal
waste by all practical and economically feasible methods consistent with its
powers and duties under this chapter and other law;" and in accordance with
THSC, §361.024(a), which states "The commission may adopt rules consistent
with this chapter and establish minimum standards of operation for the management
and control of solid waste under this chapter." The commission adopts the
repeal of the aforementioned sections and readopts the remaining sections
of Chapter 335, as contained in the Adopted Rules section of this issue of
the
Texas Register.
TRD-200004576
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: June 30, 2000
Title 43, Part 1
Notice of Readopted Rule: The Texas Department of Transportation readopts
without changes, Title 43 TAC, Part I, §§9.70-9.73, Maintenance
Project Contracts; §§22.20-22.22, Use of State Intellectual Property; §28.30,
Permit for Over Axle and Over Gross Weight Tolerances; §§29.2-29.6,
Maintenance; §§29.21-29.26, Debarment of Maintenance Contractors;
and §§29.41-29.50, Operation of State-Owned Ferries.
This review was conducted in accordance with the General Appropriations
Act of 1999, House Bill 1, Section 10.13, Article IX, and Government Code, §2001.039,
as added by Senate Bill 178, 76th Legislature.
The proposed review was published in the May 12, 2000, edition of the
TRD-200004601
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: July 3, 2000
Texas Natural Resource Conservation Commission
Texas Department of Public Safety
Adopted Rule Review
Texas Natural Resource Conservation Commission
Texas Department of Transportation