Title 34, Part 4

The Employees Retirement System of Texas (ERS) has completed its review of Chapter 74, concerning Qualified Domestic Relations Orders, in accordance with the Appropriations Act, Article IX, §§9-10.13, as passed by the 76th Texas Legislature. ERS readopts Chapter 74 as the agency's reason for adopting this Chapter continues to exist. The proposed review was published in the September 7, 2000, issue of the Texas Register (25TexReg 9648). No comments were received regarding this review.

TRD-200101995

Sheila W. Beckett

Executive Director

Employees Retirement System of Texas

Filed: April 5, 2001

The Employees Retirement System of Texas (ERS) has completed its review of Chapter 81, concerning the Uniform Group Insurance Program, in accordance with the Appropriations Act, Article IX, §§9-10.13, as passed by the 76th Texas Legislature. ERS readopts Chapter 81 as the agency's reason for adopting this Chapter continues to exist. The proposed review was published in the September 7, 2000, issue of the Texas Register (25TexReg 9648). No comments were received regarding this review.

TRD-200101996

Sheila W. Beckett

Executive Director

Employees Retirement System of Texas

Filed: April 5, 2001

Title 30, Part 1

The Texas Natural Resource Conservation Commission (commission) adopts the rules review and readopts Chapter 303, Operation of the Rio Grande 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 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 reasons for the rules continue to exist. The proposed notice of intention to review was published in the December 29, 2000, issue of the Texas Register (25 TexReg 13011).

CHAPTER SUMMARY

Chapter 303, Subchapter A contains introductory provisions; Subchapter B outlines the regulatory functions of the watermaster for the Rio Grande; Subchapter C specifies the allocation and distribution of waters of the Rio Grande; Subchapter D provides for enforcement of watermaster operations; Subchapter E addresses amendments and sales of water rights; Subchapter F addresses contractual sales of water; Subchapter G authorizes an excess flow permit; and Subchapter H provides for financing of the Rio Grande Watermaster operations.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission determined that the reasons for the rules in Chapter 303 continue to exist. The rules are necessary to implement the procedures and powers provided to the commission relating to watermaster operations contained in Texas Water Code, §§11.325 - 11.458. During the review of these rules, the commission identified some necessary revisions and clarifications. These amendments were proposed for public comment in a separate rulemaking published in the January 26, 2001, issue of the Texas Register (26 TexReg 920).

PUBLIC COMMENT

The public comment period closed on January 29, 2001, and no comments were received.

TRD-200101998

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: April 6, 2001

The Texas Natural Resource Conservation Commission (commission) adopts the rules review and readopts Chapter 304, Watermaster Operations 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 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 reasons for the rules continue to exist. The proposed notice of intention to review was published in the January 19, 2001 issue of the Texas Register (26 TexReg 782).

CHAPTER SUMMARY

Chapter 304, Subchapter A contains introductory provisions; Subchapter B outlines the regulation of the use of state water; Subchapter C specifies the allocation of available waters; Subchapter D provides for enforcement of watermaster operations; Subchapter E addresses administration of watermaster operations; Subchapter F addresses appeal of watermaster actions; and Subchapter G provides for financing of watermaster operations.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission determined that the reasons for the rules in Chapter 304 continue to exist. The rules are needed to implement the duties and responsibilities of watermaster operations in Texas Water Code (TWC), §§11.325 - 11.458, which establish water divisions; the watermaster for these water divisions; the duties, responsibilities, and compensation of the watermaster; the commission's authority to establish water divisions and the watermaster; and all duties and responsibilities necessary to carry out the authority of the commission through watermaster operations. The rules are also needed in accordance with TWC, §5.103 which states, "The commission shall adopt any rules necessary to carry out its powers and duties under this code and other laws of this state."

PUBLIC COMMENT

The public comment period closed on February 20, 2001, and no comments were received.

TRD-200101999

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: April 6, 2001

The Texas Natural Resource Conservation Commission (commission) adopts the rules review and readoption of Chapter 314, Toxic Pollutant Effluent Standards, 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 review must include an assessment of whether the reasons for the rules continue to exist. The proposed notice of intention to review was published in the January 19, 2001, issue of the Texas Register (26 TexReg 783).

CHAPTER SUMMARY

Chapter 314 adopts by reference 40 Code of Federal Regulations (CFR) Part 129.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission determined that the reasons for the rules in Chapter 314 continue to exist. The rules adopt by reference 40 CFR, Part 129, Subpart A, Toxic Pollutant Effluent Standards and Prohibitions.

PUBLIC COMMENT

The public comment period closed on February 19, 2001. No comments on whether the reasons for the rules continue to exist were received.

TRD-200102008

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: April 6, 2001

Title 31, Part 2

CHAPTER 53. FINANCE

The Texas Parks and Wildlife Commission adopts the rules review of the contents of Chapter 53, Finance, as published in the December 22, 2000, issue of the Texas Register (25 TexReg 10199). As a result of the review, the commission readopted the contents of the chapter without change, except as noted:

Subchapter A. License Fees and Boat and Motor Fees

§53.1. License Issuance Procedures, Fees, Possession and Exemption Rules.

§53.2. Combination Hunting and Fishing Licenses, Packages, and Conservation Permits.

§53.3. Other Recreational Hunting and Fishing Licenses, Stamps, and Tags.

§53.4. Commercial Hunting/Trapping Licenses and Permits.

§53.5. Public Land Hunting Permits and Fees.

§53.6. Commercial Fishing Licenses and Tags.

§53.7. Business Licenses and Permits.

§53.8. Miscellaneous Wildlife Licenses and Permits.

§53.9. Investment of Lifetime License Endowment Fund.

§53.10. Vessel and Motor Fees Set by Commission.

NOTE: Rule action affecting these sections appears elsewhere in this issue.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that it is necessary to establish fees by rule for the permits, licenses, and registrations affected by the provisions of this subchapter.

Subchapter B. Stamps

§53.11. Stamp Form.

§53.12. Stamp Design.

§53.13. Stamp Manner of Issuance.

§53.14. Stamp Purchaser Identification and Possession Requirements.

§53.15. Stamp Exemptions.

§53.16. Obsolete Stamps and Decals.

NOTE: The adoption of amendments to §53.14 and §53.16 appears elsewhere in this issue.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that it is necessary to establish fees by rule for the stamps affected by the provisions of this subchapter.

Subchapter C. Vessel Registration Agents and Surety Bonds

§53.17. Authorized Vessel Registration Agent for the Department.

§53.18. Surety Bond Requirements.

NOTE: Rule action affecting these sections appears elsewhere in this issue.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that the requirements of Parks and Wildlife, Chapter 31, make it is necessary to establish fees for vessel registration by rule.

Subchapter D. License Deputies

§53.22. License Deputy Appointment and Cancellation Procedures.

§53.23. Surety Bond Requirements.

§53.25. License Deputy Collection and Issuance Fees.

NOTE: The adoption of an amendment to §53.23 and the repeal of §53.22 appears elsewhere in this issue.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that it is necessary to maintain regulations governing the appointment and payment of license deputies, as a significant portion of the agency's revenue is derived as a result of license deputy activities.

Subchapter E. Selling Price of Departmental Information

§53.31. Sales Price Establishment and Adjustment.

§53.32. Magazine and Audio-Visual Products, Publications, and Services.

§53.33. Fee Exempt Informational Materials.

§53.35. Release and Sale of Customer Information.

NOTE: Rule action affecting these sections appears elsewhere in this issue.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that it is necessary to maintain regulations governing the release and sale of customer information in order to prevent the undesired dissemination of personal information to third parties.

Subchapter F. Commercial Fishing Boat Numbers

§53.41. Composition and Issuance.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that under the provisions of Parks and Wildlife Code, §47.007, it is required to establish rules for commercial fishing boat numbers and is required to charge a fee for that activity.

Subchapter G. Texas Freshwater Fisheries Center Admission Fees

§53.50. Texas Freshwater Fisheries Center Admission; Fees and Other Entrance Requirements.

NOTE: The adoption of an amendment to §53.50 appears elsewhere in this issue.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that it is necessary to establish fees for the operation and maintenance of the Athens Freshwater Fisheries Center.

Subchapter H. Marine Safety Enforcement - Training and Certification Fees

§53.60. Law Enforcement Training and Certification Fees.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that under the provisions of Parks and Wildlife Code, §31.121, it is necessary to establish fees by rule for Marine Safety Enforcement Training and Certification.

Subchapter I. Protest Procedures for Vendors

§53.70. Vendor Protest Procedure.

§53.80. Miscellaneous Wildlife Licenses and Permits.

NOTE: The adoption of an amendment to §53.70 and the repeal of §53.80 appears elsewhere in this issue.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that under the provisions of Parks and Wildlife Code, §11.0171, it is required to adopt policies and procedures consistent with applicable state procurement practices for soliciting and awarding contracts.

The department received no comments concerning the review of this chapter.

This review is pursuant to the Texas Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167, 75th Legislature, Regular Session.

TRD-200101931

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Filed: April 3, 2001

CHAPTER 59. PARKS

The Texas Parks and Wildlife Commission adopts the rules review of the contents of Chapter 59, Parks, as published in the December 22, 2000, issue of the Texas Register (25 TexReg 10199). As a result of the review, the commission readopted the contents of the chapter without change, except as noted:

Subchapter A. Park Entrance And Park User Fees

§59.1. General Statement.

§59.2. Park Entrance and Use Fees.

§59.3. Activity and Facility Use Fees.

§59.4. Reservation of State Park Facilities.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that it is necessary to maintain regulations governing reservation and use of state parks and state park facilities.

Subchapter B. Local Park Planning Assistance

§59.10. Eligibility.

§59.11. Limitations.

§59.12. Application for Assistance.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that it is necessary to maintain regulations for the administration of the Local Park Planning Assistance program.

Subchapter C. Acquisition and Development Of Historic Sites, Buildings and Structures

§59.41. General Statement.

§59.42. Chronology and Thematic Organization.

§59.43. Acquisition Guidelines.

§59.44. Development Guidelines.

§59.45. Methods of Additional Funding Other Than Departmental.

§59.46. Maintenance Guidelines.

§59.47. Personnel Selection and Training Guidelines.

NOTE: The adoption of §59.42 and §59.44 appear elsewhere in this issue.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that it is necessary to establish and maintain regulations to administer the provisions of Parks and Wildlife Code, §13.005.

Subchapter D. Administration of the State Park System

§59.61. General Objectives.

§59.62. Parks and Wildlife Land Classification--Policy.

§59.63. Definitions.

§59.64. Classification and Guidelines.

§59.75. Coastal Management Program.

NOTE: The adoption of amendments to §59.63 and §59.64 appear elsewhere in this issue.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that it is necessary to maintain regulations governing the administration of the state park system.

Subchapter E. Operation and Leasing of Park Concessions

§59.101. Definitions.

§59.102. General Requirements for Park Concessions.

§59.103. Selection of a Concessioner.

§59.104. Types of Concession Contracts.

§59.105. Contract Terms.

§59.106. Franchise Fee Rates and Charges.

§59.107. Accounting.

§59.108. Bond and Insurance.

§59.109. Furnishing Utilities.

NOTE: The adoption of amendments to §§59.101 and 59.103-59.108 appear elsewhere in this issue.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that it is necessary to establish and maintain regulations to manage the concessions activities in the state park system.

Subchapter F. State Park Operational Rules

§59.131. Definitions.

§59.132. General Rules.

§59.133. Closing Hours and Overnight Use.

§59.134. Rules of Conduct in Parks.

§59.135. Vehicles, Trailers, Motor Homes, Camping Equipment, or Personal Belongings.

§59.136. Penalties.

NOTE: The adoption of an amendment to §59.131 appears elsewhere in this issue.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that it is necessary to maintain regulations to ensure the health, safety, and protection of persons and property in state parks.

Subchapter G. Relocation Assistance in Park Acquisition Projects

§59.191. Definitions.

§59.192. Purpose.

§59.193. Procedures.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that it is necessary to maintain regulations governing the relocation of persons displaced from lands acquired by the department.

Subchapter H. Sea Rim State Park Hunting, Fishing, And Trapping Proclamation

§59.201. Application.

§59.202. Authority.

§59.203. Finding of Fact.

§59.204. Consent.

§59.205. Definitions.

§59.206. Means and Methods: Migratory Birds.

§59.207. Means and Methods: Fur-Bearing Animals.

§59.208. Hunting from Vehicle.

§59.209. Hunting Permits.

§59.210. Checking Game.

§59.211. Open Seasons and Bag Limits: Migratory Birds.

§59.212. Open Seasons and Bag Limits: Fur-Bearing Animals.

§59.213. Fish: Means and Methods; Open Seasons; Bag and Size Limits.

§59.214. General.

§59.215. Effective Date.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that it is necessary to maintain regulations governing the times, places, quantity, species, sex, and means and methods of taking wildlife resources on Sea Rim State Park.

The department received no comments concerning the review of this chapter. This review is pursuant to the Texas Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167, 75th Legislature, Regular Session.

TRD-200101930

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Filed: April 3, 2001

CHAPTER 69. Resource Protection

The Texas Parks and Wildlife Commission adopts the rules review of the contents of Chapter 69, Resource Protection, as published in the December 22, 2000, issue of the Texas Register (25 TexReg 10199). As a result of the review, the commission readopted the contents of the chapter without change, except as noted:

Subchapter A. Endangered, Threatened, and Protected Native Plants

§69.1. Permit Required.

§69.2. Scientific Plant Permit.

§69.3. Reporting Requirements.

§69.4. Renewal.

§69.5. Commercial Plant Permit.

§69.6. Permit and Tag Fees.

§69.7. Period of Validity.

§69.8. Endangered and Threatened Plants.

§69.9. Penalties.

NOTE: The contents of this subchapter are currently proposed for rule action and await adoption at a later date.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that it is required by Parks and Wildlife Code, Chapter 88, to maintain regulations to administer that chapter.

Subchapter B. Fish and Wildlife Values

§69.19. Restitution and Restoration.

§69.20. Application.

§69.21. Definitions.

§69.22. Wildlife--Recovery Values.

§69.23. Endangered and Threatened Species.

§69.24. Basic Value.

§69.25. Aquatic Life--Recovery Value.

§69.26. Commercial Species--Recovery Value.

§69.27. Updating Existing Recovery Values.

§69.28. Savings Clause.

§69.29. Computed Values for Selected Species.

§69.30. Trophy Wildlife Species.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that Parks and Wildlife Code, Chapter 12, requires it to maintain regulation to establish regulations to administer the civil restitution program.

Subchapter C. Wildlife Rehabilitation Permits

§69.43. Definitions.

§69.44. General Provisions.

§69.45. Permit Required.

§69.46. Application for Permit.

§69.47. Qualifications.

§69.48. Permit Renewals.

§69.49. General Facilities Standards.

§69.50. Transfers.

§69.51. Release of Rehabilitated Wildlife.

§69.52. Reports.

§69.53. Violations and Penalties.

NOTE: The adoption of amendments to §69.47 and §69.51 appear elsewhere in this issue.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that Parks and Wildlife Code, Chapter 43, Subchapter C, requires it to maintain regulations to govern the collecting, holding, possession, propagation, release, display, or transport of protected wildlife for scientific research, educational display, zoological collection, or rehabilitation.

Subchapter D. Memorandum of Understanding

§69.71. Memorandum of Understanding.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that the provisions of Transportation Code, §201.607 require Texas Parks and Wildlife to enter into a memorandum of understanding with the Department of Transportation by rule.

Subchapter E. Natural Resource Damages

§69.73. Natural Resource Damage Assessment for Coastal Oil Spills.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that under the provisions of Natural Resources Code, §40.107, it is necessary to maintain regulations adopting by reference the provisions of 31 TAC §§20.1-20.44.

Subchapter F. Health Certification of Native Shellfish

§69.75. Definitions.

§69.77. Health Certification of Native Penaeid Shrimp.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that under the provisions of Parks and Wildlife Code, §66.007, it is necessary to maintain regulations for the certification of native shellfish.

Subchapter G. Compliance with Coastal Management Plan

§69.91. Consistency.

§69.93. Thresholds for Referral.

NOTE: The adoption of amendments to §69.91 and §69.93 appear elsewhere in this issue.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that under the provisions of Natural Resources Code, §33.2052, it is necessary to establish a process by rule for the agency to submit rules to the Coastal Coordination Council for review and certification for consistency with the goals and policies of the coastal management program.

Subchapter H. Issuance of Marl, Sand and Gravel Permits

§69.101. Management and Protection.

§69.102. Definitions.

§69.103. Delegation of Authority.

§69.104. Permit Required.

§69.105. Application Procedures: Individual Permit.

§69.106. Public Comment Hearing Procedures.

§69.107. Contested Case Hearings.

§69.108. Criteria.

§69.109. Findings of Fact.

§69.110. Period of Validity.

§69.111. Requirements.

§69.112. Restrictions.

§69.113. Claims of Private Ownership.

§69.114. Sedimentary Material Permit Application Fees.

§69.115. General Permits.

§69.116. Conditions.

§69.117. Notification and Reporting for General Permits.

§69.118. Best Management Practices.

§69.119. Fees.

§69.120. Exemptions.

§69.121. Prices.

NOTE: The adoption of amendments to §69.120 and §69.121 appear elsewhere in this issue.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that under the provisions of Parks and Wildlife Code, Chapter 86, it is necessary to maintain regulations to manage, control, and protect marl and sand of commercial value and all gravel, shell, and mudshell located within the tidewater limits of the state.

Subchapter I. Shell Dredging on the Texas Gulf Coast

§69.201. Contents.

§69.202. Previous Shell Dredging Orders.

§69.203. Definitions.

§69.204. Permit Applications.

§69.205. Department Requirements.

§69.206. Violations.

§69.207. Administrative Action and Penalties.

§69.208. Renewal of Permits.

§69.209. Existing Permits.

NOTE: The adoption of amendments to §69.201 and §69.203 are proposed for rule action elsewhere in this issue.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that under the provisions of Parks and Wildlife Code, Chapter 86, it is necessary to maintain regulations to administer the provisions of the chapter.

Subchapter J. Scientific, Educational and Zoological Permits

§69.301. Definitions.

§69.302. General Rules.

§69.303. Application for Permit.

§69.304. Qualifications.

§69.305. Facility Standards.

§69.306. Restrictions.

§69.307. Final Disposition of Specimens.

§69.308. Reports.

§69.309. Inspections.

§69.310. Fees.

§69.311. Violations and Penalties.

NOTE: The adoption of amendments to §69.303 and §69.305 appear elsewhere in this issue.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that Parks and Wildlife Code, Chapter 43, Subchapter C, requires it to maintain regulations to govern the collecting, holding, possession, propagation, release, display, or transport of protected wildlife for scientific research, educational display, zoological collection, or rehabilitation

Subchapter K. Sale of Nongame Species

§69.401. Applicability.

§69.402. Definitions.

§69.403. Permit Required.

§69.404. Permit Application, Issuance, and Fees.

§69.405. Permit Renewal.

§69.406. Reports.

§69.407. Disposition of Stock.

§69.408. Violations and Penalties.

STATEMENT OF NEED FOR CONTINUING EXISTENCE: The Commission finds that under the provisions of Parks and Wildlife Code, Chapter 67, it is required to develop and administer management programs to insure the continued ability of nongame species of fish and wildlife to perpetuate themselves successfully.

The department received no comments concerning the review of this chapter.

This review is pursuant to the Texas Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167, 75th Legislature, Regular Session.

TRD-200101929

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Filed: April 3, 2001