Proposed Rule Reviews
Texas Natural Resource Conservation Commission
Title 30, Part 1
The Texas Natural Resource Conservation Commission (commission) proposes
the intention to review Chapter 290, Subchapters B and C, Public Drinking
Water. This review is proposed 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. A review must include an assessment of whether
the reasons for the rules continue to exist. The rules in Chapter 290, Subchapters
D - G were reviewed and readopted under rule log number 1997-148-291-WT in
January 1999.
The provisions in Chapter 290, Subchapters B and C set forth a uniform
procedure for the administrative issuance of certificates of competency to
waterworks personnel seeking compliance with state statutes regulating their
operations. The provisions also describe the time and processing of permit
applications for various water hygiene operations.
The commission has conducted a preliminary review of the rules in Chapter
290, Subchapters B and C and has determined that reasons for adopting these
rules continue to exist. These rules are needed for compliance with EPA's
requirements under the federal Safe Drinking Water Act (42 United States Code, §§300f
et seq.) and to implement provisions of state law including Health and Safety
Code, §§341.031, 341.033, and 341.034 regarding Public Drinking
Water, Protection of Public Water Supplies, and Water Supply System Operator
Certificate of Competency; and Texas Government Code, §2005.003, regarding
Permit Processing. The commission invites comments on whether the reasons
for the rules in Chapter 290, Subchapters B and C continue to exist.
The commission's review of Chapter 290, Subchapters B and C has revealed
provisions which require modification to improve program efficiency. The commission
concurrently proposes to modify sections within Chapter 290, Subchapters B
and C as described in the Proposed Rules section of this issue of the
In coordination with the proposed repeals and new sections in Chapters
290 and 325 proposed concurrently with the rule review of Chapter 290, Subchapters
B and C and the rule review of Chapter 325, a public hearing will be held
in Austin on August 24, 2000, at 10:00 a.m. at the Texas Natural Resource
Conservation Commission Complex in Building F, Room 3202A, located at 12100
Park 35 Circle. The hearing will be structured for the receipt of oral or
written comments by interested persons. Individuals may present oral statements
when called upon in order of registration. There will be no open discussion
during the hearing; however, an agency staff member will be available to discuss
the proposal 30 minutes prior to the hearing and will answer questions before
and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
Comments may be submitted to Lisa Martin, 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
1999-013-290-WT. Comments must be received by 5:00 p.m., August 28, 2000.
For further information, please contact Juanita Lopez, (512) 239-6165 or Michelle
Lingo, (512) 239-6757.
TRD-200004882
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: July 14, 2000
The Texas Natural Resource Conservation Commission (commission) proposes
the intention to review Chapter 325, Certificates of Competency. This review
is proposed 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. A review must include an assessment of whether
the reasons for the rules continue to exist.
Chapter 325, Certificates of Competency, provides the standards and requirements
for certification of wastewater operators and wastewater operations companies.
The commission has conducted a preliminary review of the rules under Chapter
325 and has determined that reasons for adopting these rules continue to exist.
These rules are needed to implement provisions of state law including Texas
Water Code, §26.0301 regarding Certificate of Competency. The commission
invites comments on whether the reasons for the rules in Chapter 325 continue
to exist.
The commission's review of Chapter 325 has also revealed provisions which
require modification to improve program efficiency. In the Proposed Rules
section of this issue of the
Texas Register
,
the commission proposes repeal of existing Chapter 325 in accordance with
the commission's ongoing regulatory reform initiative. The provisions are
still needed and are proposed to be located in Chapter 325, with changes.
The provisions currently in Chapter 290, Subchapters B and C are concurrently
proposed for repeal. The proposed repeal of existing Chapter 325 will allow
those provisions, along with the provisions of Chapter 290, Subchapters Band
C, to be amended, reorganized, and proposed as new Chapter 325.
In coordination with the proposed repeals and new sections in Chapters
290 and 325 and proposed concurrently with the rule review of Chapter 290,
Subchapters B and C and the rule review of Chapter 325, a public hearing will
be held in Austin on August 24, 2000, at 10:00 a.m. at the Texas Natural Resource
Conservation Commission Complex in Building F, Room 3202 A, located at 12100
Park 35 Circle. The hearing will be structured for the receipt of oral or
written comments by interested persons. Individuals may present oral statements
when called upon in order of registration. There will be no open discussion
during the hearing; however, an agency staff member will be available to discuss
the proposal 30 minutes prior to the hearing and will answer questions before
and after the hearing.
Persons with disabilities who have special communication or other accommodation
needs who are planning to attend the hearing should contact the Office of
Environmental Policy, Analysis, and Assessment at (512) 239-4900. Requests
should be made as far in advance as possible.
Comments may be submitted to Lisa Martin, 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
1999-013-290-WT. Comments must be received by 5:00 p.m., August 28, 2000.
For further information, please contact Juanita Lopez, (512) 239-6165 or Michelle
Lingo, (512) 239-6757.
TRD-200004883
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: July 14, 2000
Title 22, Part 27
The Board of Tax Professional Examiners (BTPE) proposes the review of 22
TAC Chapter 630 Effective Dates and Chapter 631 Administrative Procedures.
As required by the Texas Government Code, §2001.039, the BTPE will
accept comments as to whether the reason for adopting 22 TAC Chapter 630 Effective
Dates and Chapter 631 Administrative Procedures, continues to exist. The comment
period will last for 30 days beginning with the publication of this notice.
Comments or questions regarding this rule review may be submitted to David
E. Montoya, Executive Director, Board of Tax Professional Examiners, 333 Guadalupe
St, Tower 2, Suite 520, Austin, Texas 78701-3942, (512) 305-7300, or electronically
to btpe@mail.capnet.state.tx.us.
TRD-200004838
David E. Montoya
Executive Director
Board of Tax Professional Examiners
Filed: July 13, 2000
Employees Retirement System of Texas
Title 34, Part 4
The Employees Retirement System of Texas (ERS) has completed its review
of Chapter 79, concerning Social Security, in accordance with the Appropriations
Act, Article IX, §9-10.13, passed by the 76th Texas Legislature. As a
result of the review, a complete revision of the rules is currently in progress
and will be published at a later date. The proposed review was published in
the January 21, 2000, issue of the
Texas Register
(25 TexReg 397). No comments were received regarding this review.
TRD-200004872
Sheila W. Beckett
Executive Director
Employees Retirement System of Texas
Filed: July 13, 2000
Title 1, Part 5
(Due to an error by the Texas Register the proposed
review for Chapter 121 was published in the July 21, 2000 issue. The following
adopted review for Chapter 121 should have been published.)
The General Services Commission (the "Commission") has completed the review
of Title 1, Texas Administrative Code, Part 5, Chapter 121 (relating to the
Telecommunications Services Division) as noticed in the May 12, 2000 issue
of the
Texas Register
(25 TexReg 4357).
The Commission received no comments on the requirements of the Texas Government
Code, §2001.039 (relating to Agency Review of Existing Rules) as to whether
the reasons for adopting the rules continue to exist. As part of this review
process, the Commission proposed amendments and new rules to Chapter 121 which
were published in the May 12, 2000 issue of the
Texas Register
(25 TexReg 4256). The Commission received no comments
concerning the proposed rule amendments and new rules. The adoption of the
amendments and new rules to Chapter 121 may be found in the Adopted Rules
Section of the July 21, 2000 issue of the
Texas Register
(25 TexReg 6977).
The Commission readopts 1 TAC Chapter 121 pursuant to the Texas Government
Code, §2001.039 and finds that the reason for adopting Chapter 121 continues
to exist.
TRD-20000103
Ann Dillon
General Counsel
General Services Commission
Filed: July 25, 2000
Title 22, Part 17
The Texas State Board of Plumbing Examiners adopts the review of Chapter
365, concerning Licensing, pursuant to the Appropriations Act of 1977, House
Bill 1, Article IX, §167 published in the June 9, 2000, issue of the
No comments were received regarding the adoption of the rule amendments.
TRD-200004906
Robert L. Maxwell
Acting Administrator
Texas State Board of Plumbing Examiners
Filed: July 14, 2000
Title 7, Part 7
Pursuant to the notice of proposed rule review published in the
The Board considered, among other things, whether the reasons for adoption
of these rules continue to exist. After its review, the Board finds that the
reasons for adopting these rules continue to exist and readopts these chapters,
without changes, pursuant to the requirements of Sections 167 and 2001.039.
No comments were received regarding the readoption of Chapters 109, 111,
and 139.
This concludes the review for 7 TAC Chapters 109, 111, and 139.
TRD-200004930
Denise Voigt Crawford
Securities Commissioner
State Securities Board
Filed: July 17, 2000
Title 22, Part 27
The Board of Tax Professional Examiners (BTPE) adopts without changes 22
TAC Chapter 624, Education, Chapter 625, Standards for Professional Practice;
Chapter 627, Assessor's Code of Ethics; Chapter 628, Ethical Conduct and Chapter
629, Penalties, Sanctions, and Hearings. Pursuant to the Board's Rule Review
Plan required by and adopted under the Appropriations Act of 1997, House Bill
1, Article IX, §167. The proposed notice of review was published in the
February 25, 2000, issue of the
Texas Register
.
No comments were received related to the rule review requirement as to
whether the reason for adopting the rules continue to exist. The Board finds
that the reason for readopting these rules continues to exist.
TRD-200004837
David E. Montoya
Executive Director
Board of Tax Professional Examiners
Filed: July 13, 2000
Board of Tax Professional Examiners
Adopted Rule Reviews
General Services Commission
Texas State Board of Plumbing Examiners
State Securities Board
Board of Tax Professional Examiners