Proposed Rule Reviews
Texas Natural Resource Conservation Commission
Title 30, Part 1
The Texas Natural Resource Conservation Commission (commission) files this
notice of intention to review and proposes the readoption of Chapter 336,
Radioactive Substance Rules.
This review of Chapter 336 is proposed in accordance with the requirements
of Texas Government Code, §2001.039, added by Acts 1999, 76th Legislature,
Chapter 1499, §1.11(a), 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.
CHAPTER SUMMARY
Except as specifically provided, Chapter 336 provides requirements to all
persons who dispose of radioactive substances, except byproduct material defined
by §336.2(13)(B) and applies to any application to issue, amend, modify,
renew, correct, endorse, or transfer a license, or other authorization or
approval of the commission relating to the disposal of radioactive material
under Texas Health and Safety Code (THSC), Chapter 401.
PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO
EXIST
The commission conducted a preliminary review of the rules under Chapter
336 and determined that the reasons for the rules in Chapter 336 continue
to exist. These rules are needed to fulfill the duties placed on the commission
by THSC, Chapter 401 and to enable Texas to maintain Agreement State status
under the Atomic Energy Act of 1954. The rules in Chapter 336 implement provisions
of the THSC, Texas Radiation Control Act, Chapter 401, including THSC, §401.011,
which provides the commission authority to regulate and license the disposal
of radioactive substances; §401.051, which authorizes the commission
to adopt rules and guidelines relating to control of sources of radiation; §401.103,
which authorizes the commission to adopt rules and guidelines that provide
for licensing and registration for the control of sources of radiation; §401.104,
which requires the commission to provide rules for licensing for the disposal
of radioactive material; §401.201, which provides authority to the commission
to regulate the disposal of low-level radioactive waste; and §401.412,
which provides authority to the commission to regulate licenses for the disposal
of radioactive substances.
PUBLIC COMMENT
This proposal is limited to the review in accordance with the requirements
of Texas Government Code, §2001.039. The commission invites comments
on whether the reasons for the rules in Chapter 336 continue to exist. Comments
may be submitted to Patricia Durón, 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
2002-004-336-WS. Comments must be received by 5:00 p.m., March 25, 2002. For
further information or questions concerning this proposal, please contact
Auburn Mitchell, Policy and Regulations Division, at (512) 239-1873.
TRD-200200864
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: February 12, 2002
Title 31, Part 2
The Texas Parks and Wildlife Department files this notice of intention
to review Texas Administrative Code, Title 31, Part 2, as follows:
Chapter 58. OYSTERS AND SHRIMP
Subchapter A. Statewide Oyster Fishery Proclamation
§58.10. Application.
§58.11. Definitions.
§58.12. Texas Oyster Fishery Management Plan.
§58.21. Taking or Attempting To Take Oysters from Public Oyster Beds:
General Rules.
§58.22. Commercial Fishing.
§58.23. Non-Commercial (Recreational) Fishing.
§58.24. Penalties.
§58.30. Private Oyster Leases.
§58.40. Oyster Transplant Permits.
§58.50. Oyster Harvest Permits.
§58.60. Transplant or Harvest Permit Cancellation.
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.
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
and to determine whether the rules reflect current legal, policy, and procedural
considerations. Final consideration of this rule review is scheduled for the
Parks and Wildlife Commission on April 4, 2002.
Any questions or written comments pertaining to this notice of intention
to review should be directed to Gene McCarty, Chief of Staff, Texas Parks
and Wildlife Department, 4200 Smith School Road, Austin, Texas, 78744. Any
proposed changes to rules as a result of the review will be published in the
Proposed Rules Section of the
Texas Register
and will be open for an additional 30-day public comment period prior to final
adoption or repeal of the Commission.
TRD-200200880
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Filed: February 12, 2002
The Texas Parks and Wildlife Department files this notice of intention
to review Texas Administrative Code Title 31, Part 2, as follows:
CHAPTER 65. WILDLIFE
Subchapter A. Statewide Hunting and Fishing Proclamation
Division 1. General Provisions
§65.1. Application.
§65.3. Definitions.
§65.5. Importation of Wildlife.
§65.9. Open Seasons: General Rules.
§65.10. Possession of Wildlife Resources.
§65.11. Lawful Means.
§65.19. Hunting Deer with Dogs.
§65.24. Permits.
§65.25. Wildlife Management Plan (WMP).
§65.26. Managed Lands Deer (MLD) Permits.
§65.27. Antlerless and Spike-Buck Deer Control Permits (control permits).
§65.28. Landowner Assisted Management Permit System (LAMPS).
§65.29. Bonus Tags.
§65.30. Pronghorn Antelope Permits.
§65.31. Desert Bighorn Sheep Permits.
§65.32. Antlerless Mule Deer Permits.
§65.33. Mandatory Check Stations.
Note: The contents of §§65.3, 65.10, 65.11, 65.19, 65.26, 65.28
and 65.29 are proposed for rule action elsewhere in this issue.
Division 2. Open Seasons and Bag Limits - Hunting Provisions
§65.38. Game Animals: Open Seasons and Bag Limits.
§65.40. Pronghorn Antelope: Open Seasons and Bag Limits.
§65.42. Deer.
§65.44. Javelina: Open Seasons and Annual Bag Limits.
§65.46. Squirrel: Open Seasons, Bag, and Possession Limits.
§65.48. Desert Bighorn Sheep: Open Seasons and Annual Bag Limits.
§65.54. Game Birds: Open Seasons and Bag Limits.
§65.56. Lesser Prairie Chicken: Open Seasons, Bag, and Possession
Limits.
§65.60. Pheasant: Open Seasons, Bag, and Possession Limits.
§65.62. Quail: Open Seasons, Bag, and Possession Limits.
§65.64. Turkey.
§65.66. Chachalacas.
NOTE: The contents of §§65.42 and 65.64 are proposed for rule
action elsewhere in this issue.
Division 3. Seasons and Bag Limits - Fishing Provisions
§65.71. Reservoir Boundaries.
§65.72. Fish.
§65.78. Crabs and Ghost Shrimp.
§65.82. Other Aquatic Life.
§65.91. Penalty for Violation.
NOTE: The contents of §65.72 are proposed for rule action elsewhere
in this issue.
Subchapter C. Permits for Trapping, Transporting, and Transplanting Game
Animals and Game Birds
§65.101. Definitions.
§65.103. Trap, Transport, and Transplant Permit.
§65.105. Urban White-Tailed Deer Removal Permit.
§65.107. Permit Applications and Fees.
§65.109. Issuance of Permit.
§65.111. Permit Conditions and Period of Validity.
§65.113. Marking of Game Animals and Game Birds.
§65.115. Notification, Recordkeeping, and Reporting Requirements.
§65.116. Nuisance Squirrels.
§65.117. Prohibited Acts.
§65.119. Penalties.
Subchapter D. Deer Management Permit
§65.131. Deer Management Permit (DMP).
§65.132. Permit Application and Fees.
§65.133. General Provisions.
§65.134. Facility Standards.
§65.135. Detention and Marking of Deer.
§65.136. Release.
§65.137. Disposition of Mortalities.
§65.138. Violations and Penalties.
Subchapter G. Threatened and Endangered Nongame Species
§65.171. General Provisions.
§65.172. Exceptions.
§65.173. Special Provisions.
§65.174. Permanent Identification.
§65.175. Threatened Species.
§65.176. Violations and Penalties.
Subchapter H. Public Lands Proclamation
§65.190. Application.
§65.191. Definitions.
§65.192. Powers of the Executive Director.
§65.193. Access Permit Required and Fees.
§65.194. Competitive Hunting Dog Event (Field Trial) Permits and Fees.
§65.195. Permit Revocation.
§65.196. Refund of Permit Fees.
§65.197. Reinstatement of Preference Points.
§65.198. Entry, Registration and Checkout.
§65.199. General Rules of Conduct.
§65.200. Construction of Blinds.
§65.201. Motor Vehicles.
§65.202. Minors Hunting on Public Hunting Lands.
§65.203. Hunter Safety.
§65.208. Penalties.
NOTE: The contents of §§65.190, 65,193, and 65.194 are proposed
for rule action elsewhere in this issue.
Subchapter J. Bobcat Proclamation
§65.251. Definitions.
§65.252. Bobcat Season.
§65.253. General Provisions.
§65.254. Bobcat Tags.
§65.255. Bobcat Dealer Permits.
§65.256. Penalties.
Subchapter K. Raptor Proclamation
§65.261. Applicability.
§65.262. Definitions.
§65.263. General Provisions.
§65.264. Applications and Permits.
§65.265. Permit Classes: Restrictions.
§65.266. General Facility Standards.
§65.267. Reports.
§65.269. Trapping Seasons and Collecting Area.
§65.270. Marking.
§65.271. Transfers and Sale.
§65.272. Change of Address.
§65.273. Temporary Relocation Out of State.
§65.274. Permanent Relocation to Texas.
§65.275. Special Provisions.
§65.276. Open Seasons and Bag Limits.
§65.277. Violations and Penalties.
Subchapter N. Migratory Game Bird Proclamation
§65.309. Definitions.
§65.310. Means, Methods, and Special Requirements.
§65.311. Importation of Migratory Game Birds.
§65.312. Possession of Migratory Game Birds.
§65.313. General Rules.
§65.314. Zones and Boundaries for Early Season Species.
§65.316. Closed Areas.
§65.315. Open Seasons and Bag and Possession Limits--Early Season.
§65.317. Zones and Boundaries for Late Season Species.
§65.318. Open Seasons and Bag and Possession Limits--Late Season.
§65.319. Extended Falconry Season--Early Season Species.
§65.320. Extended Falconry Season--Late Season Species.
§65.321. Special Management Provisions.
§65.322. Penalties.
Subchapter O. Commercial Nongame Permits
§65.325. Applicability.
§65.326. Definitions.
§65.327. Permit Required.
§65.329. Permit Application.
§65.330. Record and Reporting Requirements.
§65.331. Affected Species.
§65.332. Violations and Penalties.
Subchapter P. Alligator Proclamation
§65.351. Application.
§65.352. Definitions.
§65.353. General Provisions.
§65.354. Hunting.
§65.355. Open Seasons and Bag Limit.
§65.356. Means and Methods.
§65.357. Sale of Alligators.
§65.358. Alligator Egg Collectors.
§65.359. Possession.
§65.360. Report Requirements.
§65.361. Alligator Farm Facility Requirements.
§65.362. Importation and Exportation.
§65.363. Alligator Control.
§65.364. Exceptions.
§65.365. Violations and Penalties.
Subchapter Q. Statewide Fur-bearing Animal Proclamation
§65.371. Application.
§65.372. Definitions.
§65.374. General Rules.
§65.375. Open Seasons; Means and Methods.
§65.376. Possession of Live Fur-bearing Animals.
§65.377. Sale or Purchase of Fur-bearing Animals or Their Pelts.
§65.378. Importation and Release of Fur-bearing Animals or Their Pelts.
§65.379. Reporting Requirements.
§65.380. Penalty.
Subchapter T. Scientific Breeder Permit
§65.601. Definitions.
§65.602. Permit Requirement and Permit Privileges.
§65.603. Application and Permit Issuance.
§65.605. Holding Facility Standards and Care of Deer.
§65.607. Marking of Deer.
§65.608. Annual Reports and Records.
§65.609. Purchase of Deer and Purchase Permit.
§65.610. Transport of Deer and Transport Permit.
§65.611. Prohibited Acts.
§65.612. Disposition of Deer.
§65.613. Penalties.
Subchapter V. Wildlife Management Association Area Hunting Lease License
§65.801. Definitions.
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.
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
and to determine whether the rules reflect current legal, policy, and procedural
considerations. Final consideration of this rules review is scheduled for
the Parks and Wildlife Commission on April 4, 2002.
Any questions or written comments pertaining to this notice of intention
to review should be directed to Gene McCarty, Chief of Staff, Texas Parks
and Wildlife Department, 4200 Smith School Road, Austin, TX , 78744. Any proposed
changes to rules as a result of the review will be published in the Proposed
Rules Section of the
Texas Register
and will
be open for an additional 30-day public comment period prior to final adoption
or repeal of the Commission.
TRD-200200913
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Filed: February 13, 2002
Title 22, Part 23
The Texas Real Estate Commission proposes to review Chapters 531, 533,
534, and 537 in accordance with the Texas Government Code, §2001.039,
and the General Appropriations Act of 1999, Article IX, §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 chapters continues to exist.
Any questions pertaining to this notice of intention to review should be directed
to Loretta R. DeHay, General Counsel, Texas Real Estate Commission. P.O. Box
12188, Austin, Texas 78711-2188 or e-mail to general.counsel@trec.state.tx.us.
TRD-200200886
Loretta DeHay
General Counsel
Texas Real Estate Commission
Filed: February 12, 2002
Texas Parks and Wildlife Department
Texas Real Estate Commission
Adopted Rule Reviews