Agency Rule Review Plan
Texas Real Estate Commission
Title 22, Part 23
Filed: January 9, 2001
Finance Commission of Texas
Title 7, Part 1
The Finance Commission of Texas files this notice of intention to review
Texas Administrative Code, Title 7, Chapter 9, consisting of §§9.1-9.84,
concerning Rules of Procedure For Contested Case Hearing, Appeals, and Rulemaking.
This review is undertaken pursuant to Government Code, §2001.039. The
commission will accept comments for 30 days following the publication of this
notice in the
Texas Register
as to whether
the reasons for adopting the sections under review continue to exist. Final
consideration of this rules review is scheduled for the Finance Commission
meeting on February 23, 2001.
Any questions or written comments pertaining to this notice of intention
to review should be directed to Everette D. Jobe, General Counsel, Texas Department
of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, or by e-mail
to everette.jobe@banking.state.tx.us. Any proposed changes to rules as a result
of the review will be published in the Proposed Rules Section of the
TRD-200100060
Everette D. Jobe
Certifying Official
Finance Commission of Texas
Filed: January 4, 2001
Title 7, Part 2
The Texas Department of Banking files this notice of intention to review
Texas Administrative Code, Title 7, Chapter 25 (Prepaid Funeral Contracts), §§25.1-25.8,
concerning Contract Forms, and §§25.10-25.12, concerning Regulation
of Licenses, and Chapter 26 (Perpetual Care Cemeteries), §26.1, concerning
Fees and Assessments. This review is undertaken pursuant to Government Code, §2001.039.
The department will accept comments for 30 days following the publication
of this notice in the
Texas Register
as to
whether the reasons for adopting the sections under review continue to exist.
Any questions or written comments pertaining to this notice of intention
to review should be directed to Everette D. Jobe, General Counsel, Texas Department
of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, or by e-mail
to everette.jobe@banking.state.tx.us. Any proposed changes to rules as a result
of the review will be published in the Proposed Rules Section of the
TRD-200100061
Everette D. Jobe
Certifying Official
Texas Department of Banking
Filed: January 4, 2001
Title 30, Part 1
The Texas Natural Resource Conservation Commission (commission) notices
the intention to review and proposes the readoption of Chapter 106, Permits
by Rule. This review of Chapter 106 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 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.
CHAPTER SUMMARY
Chapter 106 provides a mechanism to authorize the construction and/or modification
of insignificant sources of air contaminants in lieu of requiring a permit
under Chapter 116, Control of Air Pollution by Permits for New Construction
or Modification. Chapter 106 contains the rules authorized by Texas Health
and Safety Code, Texas Clean Air Act (TCAA), §382.057, Exemptions, and §382.05196,
Permits by Rule, enacted by the 62nd and 76th Texas Legislature respectively.
The types of facilities subject to this chapter are listed in Chapter 106,
Subchapters C - X.
In 1996, Chapter 106, Exemptions from Permitting, was created. The sections
organized to create the chapter were originally contained in the Standard
Exemption List. This list was created May 8, 1972, was later incorporated
into Chapter 116 by reference, and was replaced by the creation of Chapter
106. Chapter 106 has been modified ten times since its creation in 1996, and
the Exemption List was modified 18 times prior to its corporation into Chapter
106. This chapter continues to be an evolving chapter, and as new permits
by rule have been added, they have been technically reviewed to ensure protection
of public health and welfare.
Chapter 106 is used to authorize emissions from insignificant sources which
would otherwise require a permit under Chapter 116. As codified in §106.4,
emissions from some sources of air contaminants may be considered insignificant,
and thus qualify for an exemption from permitting, if the following general
conditions are met: total actual emissions from a facility cannot exceed 250
tons per year (tpy) of carbon monoxide (CO) or nitrogen oxides (NO
x
); total actual emissions from a facility cannot exceed 25 tpy of
volatile organic compounds (VOC), sulfur dioxide (SO
2
), inhalable particulate matter (PM
10
),
or any other air contaminant except carbon dioxide, water, nitrogen, methane,
ethane, hydrogen, and oxygen; and no facility or group of facilities may constitute
a new major stationary source or major modification. In addition, all other
state and federal rules and regulations must be met, along with the conditions
of the individual section under which authorization is sought. Permits by
Rule may include emission control requirements or operational parameters designed
to reduce or minimize emissions.
The 76th Legislature, 1999, passed Senate Bill 766, which contained a new §382.05196,
Permits by Rule. On August 9, 2000, implementing this legislation, the commission
amended Chapter 106, Exemptions from Permitting, renaming it Permits by Rule.
This name accurately reflects the fact that sources seeking authorization
under the individual sections of Chapter 106 are not exempt from regulation
and must meet specific controls or evaluation criteria prior to obtaining
authorization. Permits by rule may be used to authorize new construction and/or
modifications or changes at the types of facilities listed in Chapter 106,
Subchapters C - X.
PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO
EXIST
The commission conducted a preliminary review of the rules under Chapter
106 and determined that the reasons to adopt these rules continue to exist.
These rules are needed to implement provisions of state law, including TCAA, §382.057,
Exemption, and in TCAA, §382.05196, Permits by Rule. The use of permits
by rule ensures efficient regulation of facilities which do not make a significant
contribution to air quality and do not justify case-by-case permitting. Permits
by Rule may include emission control requirements or operational parameters
designed to minimize or reduce emissions. Thus, Chapter 106 increases the
commission's efficiency in authorizing insignificant sources of air contaminants
and streamlines the permitting process for external stakeholders.
PUBLIC COMMENT
This proposal is limited to the review in accordance with the requirements
of Texas Government Code, §2001.039, and the General Appropriations Act,
Article IX, §§9 - 10.13, 76th Legislature, 1999. The commission
invites public comment on whether the reasons for the rules in Chapter 106
continue to exist. Comments may be submitted to Patricia Duron, 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 2000-023-106-AI. Comments must be received in writing by 5:00
p.m., February 20, 2001. For further information or questions concerning this
proposal, please contact Beecher Cameron, Policy and Regulations Division,
at (512) 239-1495.
TRD-200100082
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: January 8, 2001
The Texas Natural Resource Conservation Commission (commission) files this
notice of intention to review and proposes the readoption of Chapter 304,
Watermaster Operations. This review of Chapter 304 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
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.
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.
PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO
EXIST
The commission conducted a preliminary review and 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 as specified 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
This proposal is limited to the review in accordance with the requirements
of Texas Government Code, §2001.039, and the General Appropriations Act,
Article IX, §9 - 10.13, 76th Legislature, 1999. The commission invites
public comment on whether the reasons for the rules in Chapter 304 continue
to exist. Comments may be submitted to Joyce Spencer, 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
2000-026-304- WT. Comments must be received by 5:00 p.m, February 20, 2001.
For further information or questions concerning this proposal, please contact
Melissa Estes, Policy and Regulations Division, (512) 239-3937.
TRD-200100152
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: January 10, 2001
The Texas Natural Resource Conservation Commission (commission) files this
notice of intention to review and proposes the readoption of Chapter 314,
Toxic Pollutant Effluent Standards. This review of Chapter 314 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 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 SUMMARY
Chapter 314 adopts by reference 40 Code of Federal Regulations (CFR) Part
129.
PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO
EXIST
The commission conducted a preliminary review and 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
This proposal is limited to the review in accordance with the requirements
of Texas Government Code, §2001.039, and the General Appropriations Act,
Article IX, §9 - 10.13, 76th Legislature, 1999. The commission invites
public comment on whether the reasons for the rules in Chapter 314 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
2000-033-314-WT. Comments must be received in writing by 5:00 p.m., February
19, 2001. For further information or questions concerning this proposal, please
contact Kathy Ramirez, Policy and Regulations Division, at (512) 239- 6757.
TRD-200100077
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: January 5, 2001
Title 22, Part 23
The Texas Real Estate Commission proposes to review Chapter 539, 542 and
543 in accordance with the Texas Government Code, §2001.039, and the
General Appropriations Act of 1999, Article IX, Section 167. The commission
will accept comments for 30 days following the publication of this notice
in the
Texas Register
as to whether the reason
for adopting each of these sections continues to exist. Any questions pertaining
to this notice of intention to review should be directed to Mark A. Moseley,
General Counsel, Texas Real Estate Commission. P.O. Box 12188, Austin, Texas
78711-2188 or e-mail to general.counsel@trec.state.tx.us.
Chapter 539, Provisions of the Residential Service Company Act.
Chapter 542, Rules Relating to the Provisions of House Bill 5.
Chapter 543, Rules Relating to the Provisions of the Texas Timeshare Act.
TRD-200100117
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Filed: January 9, 2001
Proposed Rule Reviews
Texas Department of Banking
Texas Natural Resource Conservation Commission
Texas Real Estate Commission
Adopted Rule Reviews