Proposed Rule Reviews
Texas Commission for the Blind
Title 40, Part 4
The Texas Commission for the Blind files this notice of its intent to review
Chapter 172 of its rules pertaining to Advisory Committees and Councils in
accordance with the requirements of Texas Government Code, §2001.039,
added by Acts 1999, 76th Leg., ch. 1499, §1.11(a).
The public is invited to make comments on the rules as they exist in 40
TAC, Part 4, Chapter 172. The comment period will last 30 days beginning with
the publication of this notice of intention to review.
The Commission's Board will consider comments received in response to this
notice at a meeting tentatively scheduled in early May 2002 and will also
assess whether the reason for adopting each of the rules in Chapter 172 continues
to exist. Any changes to the rules proposed by the Commission after the Board's
review of the chapter and consideration of comments received in response to
this notice will appear thereafter in the proposed rules section of the
Comments or questions regarding this rule review may be submitted in writing
to Jean Crecelius, Policy & Rules Coordinator, Texas Commission for the
Blind, P. O. Box 12866, Austin, TX 78711 or via facsimile at (512) 377-0682.
TRD-200201429
Barbara J. Madrigal
Interim Executive Director
Texas Commission for the Blind
Filed: March 7, 2002
Title 4, Part 3
Texas Feed and Fertilizer Control Service (TFFCS)/Office of the Texas
State Chemist (OTSC) files this notice of intention to review and to propose
the readoption of Chapter 61, Commercial Feed Rules.
This review of Chapter 61 is proposed in accordance with the requirements
of the Texas Government Code §2001.39, 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
Chapter 61 sets forth the requirements which firms that distribute commercial
feeds must meet to assure their products meet the legislative requirement
that they are neither misbranded (§141.147) nor adulterated (§141.148).
PRELIMINARY ASSESSMENT
Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist
has conducted a preliminary review of the rules under Chapter 61 and has determined
that the reasons for the rules continue to exist. These rules are needed so
that TFFCS/OTSC can fulfill the responsibilities set forth by the Legislature.
The rules in Chapter 61 implement provisions of the Texas Commercial Feed
Control Act (Chapter 141, Texas Agriculture Code) which authorizes TFFCS to
adopt rules which provide for (1) the licensing and labeling of animal feeds;
(2) the sampling and analysis of animal feeds; and (3) the enforcement and
assessment of penalties and remedies for products which are misbranded, adulterated
or for which appropriate inspection fees have not been paid by the distributor.
PUBLIC COMMENT
This proposal is limited to the review in accordance with the requirements
of Texas Government Code, §2001.039. Texas Feed and Fertilizer Control
Service/Office of the Texas State Chemist invites comments on whether the
reasons for the rules in Chapter 61 continue to exist. Comments may be submitted
to Dr. George W. Latimer, Jr., Office of the Texas State Chemist, P.O. Box
3160, College Station, TX 77841-3160, FAX (979) 845-1389, or by e-mail to
g-latimer@tamu.edu (e-mails will be acknowledged). Comments must be received
within 30 days following the publication of this notice in the
Texas Register
. For further information or questions, contact Dr. Latimer
at one of the addresses noted above.
TRD-200201450
Dr. George W. Latimer, Jr.
Certifying Official
Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist
Filed: March 8, 2002
Texas Feed and Fertilizer Control Service (TFFCS)/Office of the Texas State
Chemist (OTSC) files this notice of intention to review and to propose the
readoption of Chapter 63, Commercial Pet Food Rules.
This review of Chapter 63 is proposed in accordance with the requirements
of the Texas Government Code §2001.39, 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
Chapter 63 sets forth the requirements which firms that distribute pet
foods must meet to assure their products meet the legislative requirement
that they are neither misbranded (§141.147) nor adulterated (§141.148).
PRELIMINARY ASSESSMENT
Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist
has conducted a preliminary review of the rules under Chapter 63 and has determined
that the reasons for the rules continue to exist. These rules are needed so
that TFFCS/OTSC can fulfill the responsibilities set forth by the Legislature.
The rules in Chapter 63 implement provisions of the Texas Commercial Feed
Control Act (Chapter 141, Texas Agriculture Code) which authorizes TFFCS to
adopt rules which provide for (1) the licensing and labeling of pet foods;
(2) the sampling and analysis of pet foods; and (3) the enforcement and assessment
of penalties and remedies for products which are misbranded, adulterated or
for which appropriate inspection fees have not been paid by the distributor.
PUBLIC COMMENT
This proposal is limited to the review in accordance with the requirements
of Texas Government Code, §2001.039. Texas Feed and Fertilizer Control
Service/Office of the Texas State Chemist invites comments on whether the
reasons for the rules in Chapter 63 continue to exist. Comments may be submitted
to Dr. George W. Latimer, Jr., Office of the Texas State Chemist, P.O. Box
3160, College Station, TX 77841-3160, FAX (979) 845-1389, or by e-mail to
g-latimer@tamu.edu (e-mails will be acknowledged). Comments must be received
within 30 days following the publication of this notice in the
Texas Register
. For further information or questions, contact Dr. Latimer
at one of the addresses noted above.
TRD-200201544
Dr. George W. Latimer, Jr.
Certifying Official
Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist
Filed: March 12, 2002
Texas Feed and Fertilizer Control Service (TFFCS)/Office of the Texas
State Chemist (OTSC) files this notice of intention to review and to propose
the readoption of Chapter 65, Commercial Fertilizer Rules.
This review of Chapter 65 is proposed in accordance with the requirements
of the Texas Government Code §2001.39, 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
Chapter 65 sets forth the requirements which firms that distribute fertilizers
must meet to assure their products meet the legislative requirement that they
are neither misbranded (§63.142) nor adulterated (§63.143).
PRELIMINARY ASSESSMENT
Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist
has conducted a preliminary review of the rules under Chapter 65 and has determined
that the reasons for the rules continue to exist. These rules are needed so
that TFFCS/OTSC can fulfill the responsibilities set forth by the Legislature.
The rules in Chapter 65 implement provisions of the Texas Commercial Fertilizer
Control Act (Chapter 63, Texas Agriculture Code) which authorizes TFFCS to
adopt rules which provide for (1) the registration and labeling of fertilizers;
(2) the sampling and analysis of fertilizers; and (3) the enforcement and
assessment of penalties and remedies for products which are misbranded, adulterated
or for which appropriate inspection fees have not been paid by the distributor.
PUBLIC COMMENT
This proposal is limited to the review in accordance with the requirements
of Texas Government Code, §2001.039. Texas Feed and Fertilizer Control
Service/Office of the Texas State Chemist invites comments on whether the
reasons for the rules in Chapter 65 continue to exist. Comments may be submitted
to Dr. George W. Latimer, Jr., Office of the Texas State Chemist, P.O. Box
3160, College Station, TX 77841-3160, FAX (979) 845-1389, or by e-mail to
g-latimer@tamu.edu (e-mails will be acknowledged). Comments must be received
within 30 days following the publication of this notice in the
Texas Register
. For further information or questions, contact Dr. Latimer
at one of the addresses noted above.
TRD-200201545
Dr. George W. Latimer, Jr.
Certifying Official
Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist
Filed: March 12, 2002
Title 25, Part 1
The Texas Department of Health (department) will review and consider for
readoption, revision or repeal Title 25, Texas Administrative Code, Part 1,
Chapter 49. Oral Health Improvement Services Program, §§49.1 - 49.17.
This review is in accordance with the requirements of the Texas Government
Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13,
76th Legislature, 1999.
An assessment will be made by the department as to whether the reasons
for adopting or readopting these rules continue to exist. This assessment
will be continued during the rule review process. Each rule will be reviewed
to determine whether it is obsolete, whether the rule reflects current legal
and policy considerations, and whether the rule reflects current procedures
of the department.
Comments on the review may be submitted in writing within 30 days following
the publication of this notice in the
Texas Register
to Linda Wiegman, Office of General Counsel, Texas Department of Health,
1100 West 49th Street, Austin, Texas 78756. Any proposed changes to these
rules as a result of the review will be published in the Proposed Rule Section
of the
Texas Register
and will be open for
an additional 30 day public comment period prior to final adoption or repeal
by the department.
TRD-200201447
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: March 8, 2002
The Texas Department of Health (department) will review and consider for
readoption, revision or repeal Title 25, Texas Administrative Code, Part 1,
Chapter 229. Food and Drug, Subchapter. F. Production, Processing, and Distribution
of Bottled and Vended Drinking Water, §§229.81 - 229.91.
This review is in accordance with the requirements of the Texas Government
Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13,
76th Legislature, 1999.
An assessment will be made by the department as to whether the reasons
for adopting or readopting these rules continue to exist. This assessment
will be continued during the rule review process. Each rule will be reviewed
to determine whether it is obsolete, whether the rule reflects current legal
and policy considerations, and whether the rule reflects current procedures
of the department.
Comments on the review may be submitted in writing within 30 days following
the publication of this notice in the
Texas Register
to Linda Wiegman, Office of General Counsel, Texas Department of Health,
1100 West 49th Street, Austin, Texas 78756. Any proposed changes to these
rules as a result of the review will be published in the Proposed Rule Section
of the
Texas Register
and will be open for
an additional 30 day public comment period prior to final adoption or repeal
by the department.
TRD-200201426
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: March 7, 2002
Title 30, Part 1
The Texas Natural Resource Conservation Commission (commission) files this
notice of intention to review and proposes the readoption of Chapter 33, Consolidated
Permit Processing.
This review of Chapter 33 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
Chapter 33 implements Texas Water Code (TWC), Chapter 5, Subchapter J,
which sets forth a process under which a plant, facility, or site may request
consolidated permit processing and issuance of a consolidated permit. Federal
operating permits are prohibited from consolidation. The statute requires
the commission, on request of an applicant, to provide for coordinated application
reviews and one consolidated permit hearing on all permits requested to be
consolidated by the applicant, and allows the commission to issue one consolidated
permit. On October 23, 1998, the commission adopted the Chapter 33 rules,
which became effective December 10, 1998. These rules provide general procedural
requirements governing consolidated processing of permit applications and
the issuance of consolidated permits.
PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO
EXIST
The commission conducted a preliminary review of the rules under Chapter
33 and determined that the reasons for the rules in Chapter 33 continue to
exist. As stated in the preamble to the aforementioned adoption of Chapter
33, these rules are needed to implement TWC, Chapter 5, Subchapter J, and
TWC, §5.406 allows the commission to adopt rules to effectuate the purposes
of this subchapter.
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 33 continue to exist. Comments
may be submitted to Lola Brown, 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 2002-008-033-AD.
Comments must be received by 5:00 p.m., April 22, 2002. For further information
or questions concerning this proposal, please contact Ray Henry Austin, Policy
and Regulations Division, at (512) 239-6814.
TRD-200201555
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: March 13, 2002
The Texas Natural Resource Conservation Commission (commission) files this
notice of intention to review and proposes the re-adoption of Chapter 220,
Regional Assessments of Water Quality. This review of Chapter 220 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
In accordance with Texas Water Code (TWC), §26.0135, Chapter 220 establishes
the Texas Clean Rivers (TCR) program, a water quality management program involving
monitoring and assessment of water quality by watershed and river basin. Chapter
220 consists of two subchapters. Subchapter A establishes procedures for implementing
the TCR program by monitoring and assessment of water quality conditions by
river basin to support water quality management decisions necessary to maintain
and improve the quality of the state's water resources (as defined in TWC, §26.001(5)).
Subchapter B establishes the Water Quality Assessment Fee program which is
authorized to recover no more than $5.0 million annually. The subchapter provides
that the fees recovered shall be used only to accomplish the purposes of the
TCR program.
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 220, Subchapter A continue to exist. However, implementation
of House Bill (HB) 2912, Article 3, §§3.04 - 3.06, 77th Legislature,
2001, which amended TWC, §26.0135 will necessitate substantial revision
of this chapter in a future rulemaking. HB 2912, Article 3, amended TWC, §26.0135
by consolidating certain water quality related fees. In accordance with HB
2912, Article 18, §18.06(b), the amendment to TWC, §26.0135 regarding
the consolidation of certain water quality related fees will become effective
September 1, 2002 and will apply only to fees due on or after that date. The
commission is convening a rulemaking in Rule Log Number 2001-098- 220-WT to
revise Chapter 220, which will amend Subchapter A to be consistent with the
fee structure mandated by HB 2912, Article 3 and repeal, revise, or replace
the existing Subchapter B.
PUBLIC COMMENT
This proposal is limited to the review in accordance with the requirements
of Texas Government Code, §2001.039. The commission invites public comment
on whether the reasons for the rules in Chapter 220 continue to exist pending
revision to this chapter to implement HB 2912, Article 3, §§3.04
- 3.06. 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
2002-003-220-WT. Comments must be received in writing by 5:00 p.m., April
22, 2002. For further information or questions concerning this proposal, please
contact Auburn Mitchell, Policy and Regulations Division, at (512) 239-1873.
TRD-200201558
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: March 13, 2002
Texas Feed and Fertilizer Control Service/Office of the Texas State Chemist
Texas Department of Health
Texas Natural Resource Conservation Commission