TITLE rule-review

Commission on State Emergency Communications

The Commission on State Emergency Communications proposes to review Title 1, Part 12, Chapter 253, §§253.1-253.31, concerning practice and procedure pursuant to the Government Code, §2001.039.

The Commission on State Emergency Communications will consider whether the reasons for adoption of these rules continue to exist. This concludes the review of Chapter 253.

Comments on the proposed review may be submitted in writing within 30 days after publication of the proposal in the Texas Register and reply comments may be submitted within 45 days of that publication date to Paul Mallett, Executive Director, Commission on State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942.

TRD-200200269

Paul Mallett

Executive Director

Commission on State Emergency Communications

Filed: January 18, 2002

Texas Department of Transportation

Title 43, Part 1

In accordance with Government Code, §2001.039, the Texas Department of Transportation (department) files this notice of intention to review Title 43 TAC, Part I, Chapter 5, Finance, and Chapter 6, State Infrastructure Bank.

The department will accept comments regarding whether the reasons for adopting these rules continue to exist. The comment period will last 30 days beginning with the publication of this notice of intention to review.

Comment or questions regarding this rule review may be submitted in writing to James Bass, Director, Finance Division, Texas Department of Transportation, 125 E. 11th Street, Austin, Texas 78701-2483, or at (512) 463-8835.

TRD-200200265

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 18, 2002

Adopted Rule Review

Texas Natural Resource Conservation Commission

Title 30, Part 1

The Texas Natural Resource Conservation Commission (commission) adopts the rules review Texas Natural Resource Conservation Commission and the concurrent repeal of Chapter 216, Water Quality Performance Standards for Urban Development, Subchapter A, concerning Water Quality Protection Zones, §§216.1 - 216.11, which is published in the Adopted Rules section in this issue of the Texas Register . This review of Chapter 216 is adopted in accordance with Texas Government Code, §2001.039, which requires 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 October 26, 2001 issue of the Texas Register (26 TexReg 8551).

CHAPTER SUMMARY

Chapter 216, Subchapter A sets out the procedures and criteria to be used by the commission: 1.) in the review and approval of water quality plans and amendments submitted for tracts of land, 500 acres or larger, designated as water quality protection zones; and 2.) in the designation of water quality protection zones for tracts of land that are less than 1,000 acres but not less than 500 acres in size. In accordance with Texas Water Code (TWC), §26.179, Subchapter A applies only to areas within the extraterritorial jurisdictions of cities with a population greater than 5,000 (raised, in 1999, to 10,000) and in which the municipality has enacted or proposed at least three ordinances to regulate water quality within their extraterritorial jurisdictions in the five years prior to June 17, 1995, or enacts or attempts to enforce three or more ordinances or amendments attempting to regulate water quality or control or abate water pollution in the area in any five-year period. This law does not apply to areas within the extraterritorial jurisdiction of a city with a population greater than 900,000 that has extended an ordinance to prevent the pollution of an aquifer which is the sole or principal drinking water source for the municipality.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST