Part 1.
RAILROAD COMMISSION OF TEXAS
Chapter 15.
ALTERNATIVE FUELS RESEARCH AND EDUCATION DIVISION
The Railroad Commission of Texas proposes amendments to certain sections
of 16 TAC Chapter 15 relating to the Alternative Fuels Research and Education
Division. Amendments are proposed in Subchapter A to §§15.5, 15.30,
15.41, 15.45, 15.55, 15.60, 15.65, 15.70, 15.90, 15.95, and 15.100, relating
to AFRED Forms; Propane Alternative Fuels Advisory Committee; Definitions;
Registration of Odorizers, Odorizer Agents, and Importers; Report and Remittance
of Fees; Exemptions; Odorizer or Importer Refunds; Commission Refund; Power
of Entry; Audits and Investigations; Procedure for Compliance with or Challenge
to Audit Results; and Interpretation and Application; in Subchapter B to §§15.105,
15.110, 15.120, and 15.160, relating to Definitions; Establishment; Duration;
Eligibility; and Complaints; in Subchapter C to §§15.205, 15.210,
and 15.220, relating to Definitions; Establishment; Duration; and Application;
in Subchapter D to §§15.305 and 15.310, relating to Definitions;
and Establishment; Duration; Operation; and in Subchapter E to §§15.405,
15.420, 15.425, 15.430, and 15.445, relating to Definitions; Eligibility;
Application Procedure; Payment of Incentive; and Complaints. These amendments
are proposed to simplify and clarify administration of the division's programs
and to reflect nonsubstantive changes, e.g., the addresses and titles of commission
administrative units.
AFRED Forms; Propane Alternative Fuels Advisory
Committee
The proposed amendment to §15.5 would change the title of AFRED Form
6A consistent with proposed amendments to §15.41 and §15.45.
Proposed amendments to §15.30 would delete references to performing
propane-related research services or other services from the definitions of
"consumer representative" and "industry representative." The changes would
require that to qualify as an industry representative a member of the committee
must be a propane marketer, propane supplier or propane equipment manufacturer.
The commission finds that propane researchers are normally employed by universities,
private nonprofit research organizations or government agencies and are outside
the propane industry proper. The definition of "subcommittee" in subsection
(a), the corresponding language in subsection (i), and references in subsections
(j) and (k) are proposed to be deleted as obsolete, since in recent years
the committee has chosen to conduct all its business in plenary session as
a committee of the whole. In subsection (b), the commission proposes a new
sunset date for the committee of October 31, 2006.
In §15.41, the commission proposes to redefine "importer" so that
the term includes a supplier who has been designated as the agent of an importer
on AFRED Form 6A, consistent with the proposed amendments to §15.45 described
below. In §15.41(12), a citation to another commission rule has been
updated.
Proposed amendments to §15.45 would make importers as well as odorizers
eligible to enter into voluntary agency agreements with suppliers for the
purposes of administering LPG delivery fees. The new language sets out the
requirements and procedures for entering into such agreements and clarifies
the duties of importers and importer agents. This change is proposed to minimize
administrative cost to the industry by permitting a supplier to collect and
remit LPG delivery fees as agent for an importer at a storage or terminal
facility if the importer and supplier execute and file with the commission
AFRED Form 6A, to make the supplier legally responsible for performing the
importer's duties related to administration of delivery fees under Texas Natural
Resources Code, §§113.241-113.250, inclusive. If no AFRED Form 6A
is on file with the commission, any person who imports odorized LPG is responsible
for registering annually as an importer and for collecting and remitting fees
to the commission on all nonexempt loads the person imports.
The commission's intention in permitting this choice is to minimize administrative
costs to the industry, by allowing suppliers and storage or terminal operators
to extend to importers the agency option currently available to odorizers
under §15.45 in cases where such arrangements are cost- effective and
appropriate, while fully implementing all pertinent statutory requirements.
The proposed amendment to §15.55 would delete a provision that applied
in 1998 when this rule was phased in but is now obsolete.
Proposed amendments to §15.60(a) would delete an obsolete reference
to fees required to be collected under the federal Propane Education and Research
Act of 1996. In subsection (d), the commission proposes to delete as unnecessary
the requirement that a copy of AFRED Form 4 be filed with the commission.
The commission finds that the recordkeeping requirements already included
in §15.60 are adequate to facilitate audits and document compliance without
requiring that copies of Form 4 be provided separately to the division.
Proposed amendments to §15.65 and §15.70 would specify in greater
detail the procedures to be used by odorizers and importers to administer
refunds of fees paid in error.
In §15.90 the commission proposes to delete test equipment from the
list of materials the commission may examine when conducting an LPG delivery-fee
audit at an odorizer's or importer's office, premises, or place of business.
Proposed amendments to §15.95(a) and (e) would allow an odorizer or
importer 30 days from the date of a letter detailing the findings of an audit
or investigation, instead of 20 days from the postmark date, to file a written
response to the commission. Proposed amendments to §15.95(d) would delete
references to certified mail, to allow the commission to use electronic mail
or other means of delivery as appropriate. These changes would make the commission's
administrative procedures for LPG delivery-fee audits consistent with the
commission's procedures for gas-utility audits.
Proposed amendments to §15.100(b) would illustrate how the commission's
rules apply in a typical case where a supplier agrees to act as an importer's
agent. Similarly, the examples given in §15.100(d) illustrate how the
commission's rules apply to administration of refunds of fees paid in error.
Propane Consumer Rebate Program
Proposed amendments to §§15.105 and 15.160 are nonsubstantive
and would standardize the title of the Gas Services Division, LP-Gas Section,
and update a cross-reference to another commission rule in §15.160(a).
The proposed amendment to §15.110 changes the term "undesignated head"
to "subchapter." Proposed amendments to §15.120 would clarify that replacing
less efficient gas equipment is a valid category of installation that is eligible
for rebates. Such replacements are consistent with Texas Natural Resources
Code, §113.2435, which authorizes rebates for the purposes of achieving
energy conservation and improving efficiency.
Media Rebate Program; Highway Signage Rebate Program
Proposed amendments to §15.205 would clarify that certain highway
signs are eligible for media rebates. The proposed amendment to §15.210
changes the term "undesignated head" to "subchapter." The amendments would
also update the address of the division's Austin office in §15.220 and
correct references to the Gas Services Division, LP-Gas Section in §15.305.
Proposed amendments to §15.305 substitute "subchapter" for a long list
of rule numbers and, in §15.310, change the term "undesignated head"
to "subchapter."
Manufactured Housing Incentive Program
Proposed amendments to §15.405 would substitute "subchapter" for "chapter"
and would delete the requirement that a manufactured housing retailer or salesperson
complete and submit a separate application to the commission to become a participant
in the manufactured housing incentive program. The proposed change would eliminate
duplication and reduce administrative cost, since the necessary representations
and certifications required of participants are included on the form that
retailers and salespersons must complete and sign each time they apply for
an incentive.
The proposed amendments to §15.420 and §15.430 would delete the
requirement that the purchaser of an eligible manufactured housing unit must
apply and be approved for a consumer rebate on the propane equipment installed
in the unit before the manufactured housing retailer or salesperson becomes
eligible to receive a manufactured housing incentive for selling the unit.
The commission finds that this requirement is unnecessary and may unfairly
delay or deny a manufactured housing incentive payment to a retailer or salesperson
through actions of the purchaser that are outside the retailer's or salesperson's
control.
The proposed amendment in §15.425 would delete the requirement that
the division notify an applicant in writing when an application is found to
be incomplete or incorrect. This change would allow the division to notify
applicants by e-mail, telephone or other more efficient means as appropriate.
The proposed amendment to §15.445 corrects a reference to the title
of another commission rule.
Dan Kelly, Director, Alternative Fuels Research and Education Division,
has determined that, for each year of the first five years that the amendments
are proposed to be in effect, there will be no fiscal implications for state
or local governments. The proposed amendments do not propose major program
or procedural changes and are expected to provide greater efficiency in the
administration of the division's programs.
Mr. Kelly has also determined that, for each year of the first five years
the amendments are proposed to be in effect, the public benefit anticipated
as a result of enforcing the amendments will be improved efficiency in the
administration of LPG delivery fees, more effective representation of the
propane industry and more efficient operation of the division's advisory committee,
and more efficiency, accuracy and clarity in the administration of the commission's
rebate and incentive programs.
There is no anticipated economic cost to individuals, small businesses,
or micro-businesses required to comply with the proposed amendments. Small
businesses that import odorized LPG and are required to collect and remit
LPG delivery fees may experience savings by entering into agency agreements
with out- of-state suppliers that are already set up to administer the fees.
These savings cannot be estimated accurately and will vary from company to
company according to the number of loads imported and other factors. Participation
in rebate programs is voluntary.
Comments on the proposal may be submitted to Dan Kelly, Director, Alternative
Fuels Research and Education Division, Railroad Commission of Texas, P.O.
Box 12967, Austin, Texas 78711-2967, or via electronic mail to dan.kelly@rrc.state.tx.us.
Comments will be accepted for 30 days after publication in the
Texas Register
. For more information, call Mr. Kelly at (512) 463-7291.
The commission simultaneously proposes the review and readoption of Chapter
15 in accordance with Texas Government Code, §2001.039. The agency's
reasons for adopting the rules, with the proposed amendments, continue to
exist. The notice of proposed review will be filed with the
Texas Register
concurrently with this proposal.
Subchapter A. GENERAL RULES
16 TAC §§15.5, 15.30, 15.41, 15.45, 15.55, 15.60, 15.65, 15.70, 15.90, 15.95, 15.100
The amendments are proposed under Texas Natural Resources
Code, §113.241, which authorizes the commission to adopt all necessary
rules relating to the purposes of Texas Natural Resources Code, Chapter 113,
Subchapter I, and activities regarding the use of LP-gas and other environmentally
beneficial alternative fuels that are or have the potential to be effective
in improving the quality of air in this state; §113.246, which requires
the commission to adopt rules necessary for the administration, collection,
reporting, and payment of the fees payable or collected under this subchapter; §113.242,
which authorizes the commission to appoint one or more advisory committees
composed of members representing the LP-gas industry and other environmentally
beneficial alternative fuels industries, consumers, and other interests to
consult with and advise the commission on opportunities and methods to expand
the use of LP-gas and other environmentally beneficial alternative fuels; §113.243,
which authorizes the commission to research, develop, and implement marketing,
advertising, and informational programs relating to alternative fuels to make
alternative fuels more understandable and readily available to consumers;
and §113.2435, which authorizes the commission to establish consumer
rebate programs for purchasers of appliances and equipment fueled by LP-gas
or other environmentally beneficial alternative fuels for the purpose of achieving
energy conservation and efficiency and improving the quality of air in this
state.
Texas Natural Resources Code, §113.241-113.250, are affected by the
proposed amendments.
Issued in Austin, Texas on May 9, 2002.
§15.5.AFRED Forms.
(a)
Under the provisions of the Texas Natural Resources Code, §§113.241-113.250,
inclusive, the Railroad Commission of Texas adopts the following forms for
use by the Alternative Fuels Research and Education Division.
(1) - (7)
(No change.)
(8)
AFRED Form 6A. Odorizer
or Importer
Designation
of Agent.
(b)
(No change.)
§15.30.Propane Alternative Fuels Advisory Committee.
(a)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1) - (2)
(No change.)
(3)
Consumer representative--A member of the committee who
is not engaged in the business of producing, distributing or retailing propane
and who is not engaged in the business of designing, manufacturing, distributing
or retailing propane equipment [
(4) - (5)
(No change.)
(6)
Industry representative--A member of the committee who
is engaged in the business of producing, distributing or retailing propane
or who is engaged in the business of designing, manufacturing, distributing
or retailing propane equipment [
(7) - (9)
(No change.)
[
(b)
Establishment; duration. Effective September 1, 1994, the
committee is hereby established. The committee is abolished on
October
31, 2006,
[
(c) - (h)
(No change.)
[
(i)
[
(j)
[
(k)
[
(1)
the committee's work;
(2)
the committee's usefulness; and
(3)
the costs related to the committee's existence, including
the cost of commission staff time spent in support of the committee's activities.
(l)
[
§15.41.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1) - (7)
(No change.)
(8)
Importer--A person who causes odorized LPG to be moved
into Texas from a location outside Texas
, or a supplier who has been
designated as the agent of such person on AFRED Form 6A
.
(9) - (11)
(No change.)
(12)
Odorizer--A person who adds odorant to LPG within Texas,
including but not limited to an LPG supplier, terminal operator, loading rack
operator, or a person subject to filing odorization reports with the commission
and complying with the commission's odorization rule,
§9.114 of
this title (relating to Odorizing and Reports)
[
(13) - (19)
(No change.)
§15.45.Registration of Odorizers, Odorizer Agents, [
(a)
All odorizers and importers are subject to this section
on September 1, 1997, or the date that the odorizer first odorizes LPG within
Texas or the importer first imports odorized LPG into Texas. Odorizer agents
are subject to this section on the date the odorizer and the odorizer's agent
sign AFRED Form 6A.
Importer agents are subject to this section on the
date the importer and the importer's agent sign AFRED Form 6A.
(b) - (c)
(No change.)
(d)
Importers may delegate the
duties related to administration of delivery fees under Texas Natural Resources
Code, §§113.241-113.250, inclusive, and §15.50 and §15.55
of this title (relating to Fee on Delivery of Odorized LPG, and Report and
Remittance of Fees), to one or more suppliers if:
(1)
the importer and supplier execute and file with
the commission AFRED Form 6A, which makes the supplier legally responsible
for performing the importer's duties related to administration of delivery
fees under Texas Natural Resources Code, §§113.241-113.250, inclusive,
and §15.50 and §15.55 of this title (relating to Fee on Delivery
of Odorized LPG, and Report and Remittance of Fees) at a specific facility
where LPG is odorized. The importer and supplier shall execute and file with
the commission a separate AFRED Form 6A for each facility at which the supplier
acts as agent for the importer. The execution of AFRED Form 6A shall be voluntary
on the part of the supplier and shall not be a condition of the supplier doing
business with an importer. The execution of AFRED Form 6A makes the supplier
subject to all obligations of an importer under §15.1-15.100 of this
title, inclusive, which include, among other things, retaining documents and
permitting audit by the commission.
(2)
Importers filing AFRED Form 6A shall also file
AFRED Form 6.
(e)
[
(f)
[
(g)
[
§15.55.Report and Remittance of Fees.
[
[
§15.60.Exemptions.
(a)
No fee shall be collected on any deliveries of odorized
LPG destined for export out of Texas if the LPG is in continuous movement
to a destination outside the state [
(b) - (c)
(No change.)
(d)
AFRED Form 4, Blanket Exemption, or another form specifically
approved in advance in writing as equivalent by the division, shall be completed
by any person obtaining an exemption for all LPG purchased and filed annually
with the odorizer or importer [
§15.65.Odorizer or Importer Refunds.
Any person who pays a fee to an odorizer or importer on a load of LPG
that is exempt under §15.60 of this title (relating to Exemptions) may
apply to the odorizer or importer for a refund of the amount paid. To apply
for the refund, the person shall complete AFRED Form 5, Refund Request to
Odorizer or Importer, and return it to the odorizer or importer that collected
the fee. Any odorizer or importer that refunds a fee
that was remitted
to the commission in a previous month
based on receipt of AFRED Form
5 shall report the amount of the refund on [
§15.70.Commission Refund.
An odorizer or importer may petition the commission for refund of fees
remitted
in a previous month
to the commission in error. An odorizer
or importer seeking a refund shall complete AFRED Form 3, Fee on Delivery
of Odorized LPG: Refund Request to Commission; shall include a statement of
the reason for the refund and all supporting export and fee-payment documents;
and shall file the request with the commission by mailing the completed form
and all supporting documents to
the division
[
§15.90.Power of Entry; Audits and Investigations.
(a)
A member or employee of the commission, the director, or
another person authorized or designated by any such person, at reasonable
times and for reasonable purposes, may enter an office, premises, or place
of business of an odorizer or importer [
(b)
(No change.)
§15.95.Procedure for Compliance with or Challenge to Audit Results.
(a)
Upon completion of an audit or investigation, the auditor
or investigator shall deliver a written copy of the findings to the director
and shall
provide
[
(b) - (c)
(No change.)
(d)
The director shall give the odorizer or importer written
notice of the report by mailing it to the odorizer or importer [
(e)
Within
30
[
(f) - (i)
(No change.)
§15.100.Interpretation and Application.
(a)
The fact situations in subsections (b) and (c) of this
section illustrate the commission's interpretation and application of Texas
Natural Resources Code, §§113.241, et seq., and the rules adopted
pursuant thereto, §§15.1, et seq. of this title, and demonstrate
how the commission will determine which entities are responsible for paying
and for collecting and remitting the fee.
(b)
Treatment of imports. Wholesale quantities of odorized
LPG are imported into Texas under different business circumstances and contractual
conditions. In each case, the statute requires the fee to be assessed on the
total volume of LPG imported in the transport vehicle, regardless whether
the entire load is delivered in Texas. The following examples are intended
to illustrate how the commission's rules for administering LPG delivery fees
apply to five import situations.
Example (6) is given to illustrate how
the commission's rules apply in a situation where a supplier agrees to act
as an importer's agent.
(1) - (5)
(No change.)
(6)
Importer designation of agent.
To minimize administrative cost to the industry, the commission's rules permit
a supplier to collect and remit fees as agent for an importer on deliveries
made at a storage or terminal facility located outside Texas if the importer
and supplier execute and file with the commission AFRED Form 6A, to make the
supplier legally responsible for performing the importer's duties related
to administration of delivery fees under Texas Natural Resources Code, §§113.241-113.250,
inclusive. A separate AFRED Form 6A is required for each facility at which
the supplier will serve as the importer's agent for purposes of administering
LPG delivery fees. If no AFRED Form 6A is on file with the commission, any
person who imports odorized LPG is responsible for registering as an importer
and for remitting fees to the commission on all nonexempt loads the person
imports.
(c)
(No change.)
(d)
Refunds. Refunds of LPG delivery
fees paid in error typically involve either an odorizer or supplier reimbursing
a marketer or the commission reimbursing an odorizer, supplier, or importer.
(1)
Supplier or odorizer reimburses marketer. In
this example, a marketer has paid a fee in error to a supplier. Under commission
rules, the marketer is required to request a refund from the supplier by completing
AFRED Form 5 and attaching documents that prove no fee was owed, e.g., documents
proving that the LPG qualified for an export exemption. The supplier verifies
the claim, refunds the amount paid in error, and retains AFRED Form 5 and
related attachments for a minimum of four years for audit purposes.
(2)
Supplier refund deduction. In this example,
a supplier refunds a fee paid in error as described in paragraph (1) of this
subsection.
(A)
Refund of fees previously remitted. If the refund
is of a fee that the supplier has previously remitted to the commission, the
supplier may report the refund on Schedule A (AFRED Form 1A), enter the amount
refunded in the Adjustment for Refunds block on AFRED Form 1, and deduct the
amount of the refund from the total remitted with AFRED Form 1.
(B)
Refund of fees not previously remitted. If the
refund is of a fee that the supplier has not previously remitted to the commission,
the supplier shall retain AFRED Form 5 and related attachments for a minimum
of four years for audit purposes. The supplier shall not report the refund
on Schedule A (AFRED Form 1A). The supplier shall not enter the amount refunded
in the Adjustment for Refunds block on AFRED Form 1, and shall not deduct
the amount refunded from the total amount remitted with AFRED Form 1.
(3)
Commission reimburses supplier, odorizer, or
importer. A supplier, odorizer, or importer that has remitted a delivery fee
to the commission in error may apply to the commission for a refund. The person
claiming the refund shall send the division a completed AFRED Form 3, and
attach a bill of lading, shipping manifest or load ticket documenting that
the load was exempt, and an invoice, ledger, or journal entry tied to the
load and documenting that a fee was previously paid on the load. In lieu of
issuing a warrant, the commission may permit an odorizer or importer to deduct
the amount of an approved refund from the total amount of fees remitted to
the commission in a subsequent month.
(e)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on May 9, 2002.
TRD-200202869
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 475-1295
16 TAC §§15.105, 15.110, 15.120, 15.160
The amendments are proposed under Texas Natural Resources
Code, §113.241, which authorizes the commission to adopt all necessary
rules relating to the purposes of Texas Natural Resources Code, Chapter 113,
Subchapter I, and activities regarding the use of LP-gas and other environmentally
beneficial alternative fuels that are or have the potential to be effective
in improving the quality of air in this state; §113.246, which requires
the commission to adopt rules necessary for the administration, collection,
reporting, and payment of the fees payable or collected under this subchapter; §113.242,
which authorizes the commission to appoint one or more advisory committees
composed of members representing the LP-gas industry and other environmentally
beneficial alternative fuels industries, consumers, and other interests to
consult with and advise the commission on opportunities and methods to expand
the use of LP-gas and other environmentally beneficial alternative fuels; §113.243,
which authorizes the commission to research, develop, and implement marketing,
advertising, and informational programs relating to alternative fuels to make
alternative fuels more understandable and readily available to consumers;
and §113.2435, which authorizes the commission to establish consumer
rebate programs for purchasers of appliances and equipment fueled by LP-gas
or other environmentally beneficial alternative fuels for the purpose of achieving
energy conservation and efficiency and improving the quality of air in this
state.
Texas Natural Resources Code, §113.241-113.250, are affected by the
proposed amendments.
Issued in Austin, Texas on May 9, 2002.
§15.105.Definitions.
The following words and terms, when used in this chapter (relating
to the Alternative Fuels Research and Education Division) shall have the following
meanings, unless the context clearly indicates otherwise.
(1) - (11)
(No change.)
(12)
Propane dealer--A person who:
(A)
has been issued a current Category E license from the
Gas Services Division,
LP-Gas Section [
(B)
operates or manages a retail business, including any branch
outlet or outlets, delivering odorized propane to consumers; and
(C)
has completed and submitted the form prescribed by the
commission for dealer participation in the rebate program; and
(D)
is a regular supplier or a potential regular supplier of
propane to an applicant.
(13)
(No change.)
§15.110.Establishment; Duration.
The rebate program is hereby established on the effective date of this
subchapter
[
§15.120.Eligibility.
(a)
To be eligible for a rebate under this program, a consumer
must document, using forms prescribed by the commission for the purpose, that:
(1)
an eligible installation has been performed;
(2)
the eligible installation for which application is made
either replaced existing electric or gasoline-fueled equipment
or less
efficient gas equipment,
or occurred in new construction; and
(3)
a safety inspection of the eligible installation has been
performed.
(b) - (e)
(No change.)
§15.160.Complaints.
(a)
Any person may file a complaint about an applicant, a propane
dealer or another person regarding alleged violations of the rebate program
rules. Complaints should be sent in writing to the division director at the
address set forth in
§15.125(d)
[
(b)
Complaints that an installation does not comply with the
commission's LP-gas safety rules should be sent in writing to the assistant
director of the
Gas Services Division,
LP-Gas Section [
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 9, 2002.
TRD-200202870
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 475-1295
16 TAC §§15.205, 15.210, 15.220
The amendments are proposed under Texas Natural Resources
Code, §113.241, which authorizes the commission to adopt all necessary
rules relating to the purposes of Texas Natural Resources Code, Chapter 113,
Subchapter I, and activities regarding the use of LP-gas and other environmentally
beneficial alternative fuels that are or have the potential to be effective
in improving the quality of air in this state; §113.246, which requires
the commission to adopt rules necessary for the administration, collection,
reporting, and payment of the fees payable or collected under this subchapter; §113.242,
which authorizes the commission to appoint one or more advisory committees
composed of members representing the LP-gas industry and other environmentally
beneficial alternative fuels industries, consumers, and other interests to
consult with and advise the commission on opportunities and methods to expand
the use of LP-gas and other environmentally beneficial alternative fuels; §113.243,
which authorizes the commission to research, develop, and implement marketing,
advertising, and informational programs relating to alternative fuels to make
alternative fuels more understandable and readily available to consumers;
and §113.2435, which authorizes the commission to establish consumer
rebate programs for purchasers of appliances and equipment fueled by LP-gas
or other environmentally beneficial alternative fuels for the purpose of achieving
energy conservation and efficiency and improving the quality of air in this
state.
Texas Natural Resources Code, §113.241-113.250, are affected by the
proposed amendments.
Issued in Austin, Texas on May 9, 2002.
§15.205.Definitions.
The following words and terms, when used in this
subchapter
[
(1) - (5)
(No change.)
(6)
Eligible media outlet--A media outlet, including, but not
limited to, a radio or television station or cable franchise licensed by the
Federal Communications Commission; a weekly or daily published newspaper;
a weekly, monthly or bi-monthly magazine; a provider of billboard advertising;
or a publisher of an annual or seasonal special events program that regularly
accepts paid advertising from the public and whose target audience and message
are consistent with the goals of the commission. The media outlet must be
approved by the commission in advance of purchase of advertising. The term
does not include dealer-published newsletters, fliers or specialty advertising.
A highway sign is eligible, provided the sign:
(A)
is permanently affixed to a
building, structure, or the ground and designed or constructed in such a manner
that it cannot be moved or relocated without major structural or support changes;
and
(B)
the final design of the sign
has been approved in advance in writing by the division.
(7) - (9)
(No change.)
(10)
Propane dealer--A person who:
(A)
has been issued a current Category E license from the
Gas Services Division,
LP-Gas
Section
[
(B)
operates or manages a retail business, including any branch
outlet or outlets, delivering odorized propane to consumers; and
(C)
has completed and submitted the form prescribed by the
commission for dealer participation in the media rebate program.
(11)
Retail propane delivery truck--Any bobtail truck, semitrailer,
or other motor vehicle equipped with an LP-gas cargo container and each trailer,
semitrailer, or other motor vehicle used principally for transporting LP-gas
in portable containers that:
(A)
has aggregate water capacity of 4,999 gallons or less;
and
(B)
is currently registered with the
Gas Services Division,
LP-Gas
Section
[
§15.210.Establishment; Duration.
The media rebate program is hereby established on the effective date
of this
subchapter
[
§15.220.Application.
(a) - (c)
(No change.)
(d)
Acceptance. Applications will be accepted no earlier than
the effective date of this rule and no later than the date of termination
of the program. An application must be received at the commission no later
than 60 days following the date of the eligible media purchase to be eligible
for rebates. Applications may be mailed or hand-delivered to the Railroad
Commission of Texas, Alternative Fuels Research and Education Division, 1701
North Congress Avenue, Room
11-170
[
(e) - (g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 9, 2002.
TRD-200202871
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 475-1295
16 TAC §15.305, §15.310
The amendments are proposed under Texas Natural Resources
Code, §113.241, which authorizes the commission to adopt all necessary
rules relating to the purposes of Texas Natural Resources Code, Chapter 113,
Subchapter I, and activities regarding the use of LP-gas and other environmentally
beneficial alternative fuels that are or have the potential to be effective
in improving the quality of air in this state; §113.246, which requires
the commission to adopt rules necessary for the administration, collection,
reporting, and payment of the fees payable or collected under this subchapter; §113.242,
which authorizes the commission to appoint one or more advisory committees
composed of members representing the LP-gas industry and other environmentally
beneficial alternative fuels industries, consumers, and other interests to
consult with and advise the commission on opportunities and methods to expand
the use of LP-gas and other environmentally beneficial alternative fuels; §113.243,
which authorizes the commission to research, develop, and implement marketing,
advertising, and informational programs relating to alternative fuels to make
alternative fuels more understandable and readily available to consumers;
and §113.2435, which authorizes the commission to establish consumer
rebate programs for purchasers of appliances and equipment fueled by LP-gas
or other environmentally beneficial alternative fuels for the purpose of achieving
energy conservation and efficiency and improving the quality of air in this
state.
Texas Natural Resources Code, §113.241-113.250, are affected by the
proposed amendments.
Issued in Austin, Texas on May 9, 2002.
§15.305.Definitions.
The following words and terms, when used in
this subchapter
[
(1) - (9)
(No change.)
(10)
Eligible propane and/or natural gas outlet--A retail motor
fuel outlet that is:
(A)
located in the State of Texas;
(B)
licensed by the commission's Gas Services Division
, LP- Gas Section
; and
(C)
in compliance with all applicable federal, state and local
legal requirements for the sale of propane and/or natural gas motor fuel to
the general motoring public.
(11)- (14)
(No change.)
(15)
Owner or operator of a propane and/or natural gas motor
fuel outlet open to the motoring public--A person who:
(A)
has been issued a current Category E, G, I or J LPG license
or a current Category 3 or 5 CNG license from the Gas Services Division
, LP-Gas Section,
of the commission, or is an active company representative
or operations supervisor on file with the Gas Services Division
, LP-Gas
Section
; and
(B)
operates or manages a retail business, including any branch
outlet or outlets, that offers propane and/or natural gas refueling services
to the general motoring public; and
(C)
has completed and timely submitted the form prescribed
by the commission for participation in the alternative fuel highway signage
rebate program.
(16) - (17)
(No change.)
§15.310.Establishment; Duration; Operation.
(a)
The alternative fuel highway signage rebate program is
hereby established on the effective date of this
subchapter
[
(b) - (c)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 9, 2002.
TRD-200202872
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 475-1295
16 TAC §§15.405, 15.420, 15.425, 15.430, 15.445
The amendments are proposed under Texas Natural Resources
Code, §113.241, which authorizes the commission to adopt all necessary
rules relating to the purposes of Texas Natural Resources Code, Chapter 113,
Subchapter I, and activities regarding the use of LP-gas and other environmentally
beneficial alternative fuels that are or have the potential to be effective
in improving the quality of air in this state; §113.246, which requires
the commission to adopt rules necessary for the administration, collection,
reporting, and payment of the fees payable or collected under this subchapter; §113.242,
which authorizes the commission to appoint one or more advisory committees
composed of members representing the LP-gas industry and other environmentally
beneficial alternative fuels industries, consumers, and other interests to
consult with and advise the commission on opportunities and methods to expand
the use of LP-gas and other environmentally beneficial alternative fuels; §113.243,
which authorizes the commission to research, develop, and implement marketing,
advertising, and informational programs relating to alternative fuels to make
alternative fuels more understandable and readily available to consumers;
and §113.2435, which authorizes the commission to establish consumer
rebate programs for purchasers of appliances and equipment fueled by LP-gas
or other environmentally beneficial alternative fuels for the purpose of achieving
energy conservation and efficiency and improving the quality of air in this
state.
Texas Natural Resources Code, §113.241-113.250, are affected by the
proposed amendments.
Issued in Austin, Texas on May 9, 2002.
§15.405.Definitions.
The following words and terms, when used in this
subchapter
[
(1) - (10)
(No change.)
(11)
Manufactured housing retailer or salesperson--A person
who:
(A)
meets the requirements of the Texas Manufactured Housing
Standards Act, Article 5221f, Vernon's Texas Civil Statutes, as a retailer
or salesperson;
and
(B)
possesses a currently valid certificate of registration
from the Texas Department of Housing and Community Affairs or its successor
and any other certification or license required [
[
(12) - (14)
(No change.)
(15)
Propane dealer--A person who:
(A)
has been issued a current Category E license from the
Gas Services Division,
LP-Gas Section, [
(B)
operates or manages a retail business, including any branch
outlet or outlets, delivering odorized propane to consumers.
(16) - (17)
(No change.)
§15.420.Eligibility.
(a)
To be eligible for an incentive under this program, a manufactured
housing retailer or salesperson must document, using forms prescribed by the
commission for the purpose, that there has been a purchase of an eligible
manufactured housing unit, that a propane-fueled water heater and furnace
have been installed, and that a safety inspection has been performed on the
eligible installation.
[
(b)
[
§15.425.Application Procedure.
(a) - (f)
(No change.)
(g)
The division shall notify an applicant [
(h)
(No change.)
§15.430.Payment of Incentive.
(a)
The division may approve payment of a incentive to an applicant
subject to the availability of funds. Applicants have no legal right or other
entitlement to receive incentives under this program, and the division's receipt
of a complete and correct application does not bind the division to approve
or the commission to make payment of an incentive to any applicant.
[
(b)
[
§15.445.Complaints.
(a)
Subject to the limitation set forth in subsection (b) of
this section, any person may file a complaint alleging violations of the manufactured
housing incentive program rules by a manufactured housing retailer, salesperson,
propane dealer or another person. Complaints shall be in writing, shall set
forth the specific facts alleged to constitute the violation, and shall be
mailed or hand-delivered to the division director at the address set forth
in §15.425 of this title (relating to Application
Procedure
).
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on May 9, 2002.
TRD-200202873
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 475-1295
Chapter 80.
LICENSED COURT INTERPRETERS
16 TAC §80.80
The Texas Department of Licensing and Regulation ("Department")
proposes amendments to §80.80 concerning the fees for the licensed court
interpreters program.
The proposed amendment is necessary to correct the license application
filing fee. Section 80.80 provides that the fee for an original license application
is $200, when, in fact, the Commission of Licensing and Regulation authorized
this fee to be $175. This has resulted in overpayments by applicants for licensure.
The amendment to §80.80 was previously adopted on an emergency basis
and was published in the January 4, 2002 issue of the
Texas Register
(27 TexReg 13). In addition, the Department has simultaneously
filed an extension request renewing the effectiveness of the emergency adoption
for a 60-day period in the emergency rule section of this issue of the
Jimmy G. Martin, Director, Enforcement Division, Texas Department of Licensing
and Regulation, has determined that for the first five-year period this section
is in effect there will be fiscal implications as a result of enforcing or
administering the proposed amended rule. The annual average revenue would
decrease $19,000 for the first year from the original amount published in
the August 3, 2001 issue of the
Texas Register
(26 TexReg 5738), from $167,525 to $148,525. Over the five-year period the
total reduction would be $95,000 from the original amount published in the
August 3, 2001 issue of the
Texas Register
(26 TexReg 5738), from $837,625 to $742,625. Costs to the state are expected
to be approximately equal to these revenues. There will be no fiscal implications
on local government.
Mr. Martin also has determined that for each year of the first five years
this section is in effect the public benefit anticipated as a result of enforcing
this section will be clarification regarding the original license fees.
The anticipated economic effect on small businesses and persons who are
required to comply with the section as proposed will be an original license
application fee of $175 instead of the $200 fee adopted in the October 12,
2001 issue of the
Texas Register
(26 TexReg
8065).
Comments on the proposal may be submitted to Jimmy G. Martin, Director,
Enforcement Division, Texas Department of Licensing and Regulation, P.O. Box
12157, Austin, Texas 78711, or facsimile (512) 475-2872, or electronically:
jimmy.martin@license.state.tx.us. The deadline for comments is 30 days after
publication in the
Texas Register
.
The amendment to §80.80 is proposed under Texas Occupations
Code, Chapter 51, and Title 2, Texas Government Code, Chapter 57. The Department
interprets Chapter 51 as authorizing the Executive Director to adopt rules
as necessary to implement this chapter and any other law establishing a program
regulated by the Department. The Department interprets Chapter 57 as authorizing
the Executive Director of the Texas Department of Licensing and Regulation
to promulgate and enforce a code of rules and take all action necessary to
assure compliance with the intent and purpose of Chapter 57.
The statutory provisions affected by the proposal are those set forth in
Title 2, Texas Government Code, Chapter 57, and Texas Occupations Code, Chapter
51. No other statutes, articles, or codes are affected by the proposal.
§80.80.Fees.
(a)
All fees are non-refundable.
(b)
The original license application filing fee shall be
$175
[
(c)
The renewal application filing fee shall be $100.
(d)
The fee for obtaining a duplicate license, making a change
in name or address, or obtaining an additional language endorsement shall
be $50 each.
(e)
Each language examination shall have a separate fee of
$60 for the written examination and $40 for the oral examination.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on May 10, 2002.
TRD-200202898
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 463-7348
Chapter 303.
GENERAL PROVISIONS
Subchapter D. TEXAS BRED INCENTIVE PROGRAMS
2.
PROGRAM FOR HORSES
16 TAC §303.92
The Texas Racing Commission proposes an amendment to §303.92,
relating to thoroughbred rules. The Texas Thoroughbred Association petitioned
the Commission for this rule change. The amendment would set forth a procedure
for timely payment or distribution of funds held by the breed registry from
cross-species simulcasting revenue and from breakage payable to persons who
failed to claim their entitlement. The amendment would also conform the rules
to the new provisions in the Texas Racing Act.
Judith L. Kennison, General Counsel for the Texas Racing Commission, has
determined that for the first five-year period the amendments are in effect
there will be no fiscal implications for state or local government.
Ms. Kennison has also determined that for each of the first five years
the amendment is in effect the public benefit anticipated as a result of enforcing
the proposal will be that the public is assured the Commission will enforce
prompt payment to those properly entitled to the funds mentioned above. There
will be no economic impact to small or micro businesses. There is no anticipated
economic cost to an individual required to comply with the amendment as proposed.
The proposal has no effect on the state's agricultural, horse breeding, horse
training, greyhound breeding, or greyhound training industries.
Written comments must be submitted within 30 days after publication of
the proposed amendment in the
Texas Register
to Judith L. Kennison, General Counsel for the Texas Racing Commission, P.O.
Box 12080, Austin, Texas 78711-2080, fax (512) 833-6907.
The amendment is proposed under the Texas Civil Statutes, Article
179e, §3.02, which authorizes the Commission to adopt rules for conducting
racing with wagering and for administering the Texas Racing Act; §6.08,
which authorizes the Commission to determine allocation of shares and breakage; §6.091,
which authorizes the Commission to makes distributions from simulcast pari-mutuel
pools; and §9.01 which authorizes the state horse breed registries to
establish rules related to the qualifications of accredited Texas-bred horses.
The proposed amendment implements Texas Civil Statutes, Article 179e.
§303.92.Thoroughbred Rules.
(a)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise:
(1) - (3)
(No change.)
(4)
Accredited Texas-bred Thoroughbred--
A
[
(5)
Accredited Texas[
(6)
Accredited Texas Thoroughbred Stallion--A stallion registered
with the Jockey Club, accredited with the breed registry, and standing in
Texas. [
(7)
(No change.)
(b)
(No change.)
(c)
Procedure for Payment of Awards.
(1)
Conditions precedent for payment of awards are:
(A)
(No change.)
(B)
Breeder's Awards will be paid only on an accredited Texas-bred
Thoroughbred whose dam was accredited with the breed registry prior to foaling
the subject horse
and is covered by the definition set forth in §1.03(21)
of the Act. A horse covered by §1.03(21)(C) of the Act is eligible for
only one-half of the incentives awarded pursuant to §6.08(f) and (j)
of the Act
.
(C) - (F)
(No change.)
(2)
Owner's Awards.
(A)
[
(B)
An accredited Texas-bred Thoroughbred
horse that finishes first, second, or third in a race, other than a Texas-bred
race, shall receive an owner's bonus award as a purse supplement, as provided
by §6.08(n) of the Act.
(3)
Award funds derived by the breed registry pursuant to §6.08(f)
of the Act may be allocated and disbursed by the breed registry to purses
at Texas associations for races restricted to accredited Texas-bred thoroughbred
horses for special event races or days.
(4)
Funds actually received from a greyhound
association pursuant to §6.091(c)(2) of the Act shall be used as purses
by the breed registry within a reasonable time, not to exceed 18 months from
date of receipt.
(5)
If a share of the breakage cannot be distributed
to the person who is entitled to a share, the breed registry shall retain
that share. Thereafter, a notice of the entitlement shall be published in
the
Texas Thoroughbred
magazine for the first
three issues of the second calendar year after accrual of the entitlement.
If the entitlement is not claimed before August 31 following such publication,
the funds shall be transferred to the breed registry's general account. If
the person entitled to the share thereafter makes a claim in a form acceptable
to the breed registry, the breed registry shall pay such person the amount
of the share.
(d)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on May 13, 2002.
TRD-200202964
Judith L. Kennison
General Counsel
Texas Racing Commission
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 833-6699
Subchapter C. HORSE RACETRACKS
4.
OPERATIONS
16 TAC §309.298
The Texas Racing Commission proposes an amendment to §309.298,
related to stakes and other prepayment races. The Texas Horsemen's Partnership
petitioned for this amendment. The amendment would prevent dilution by an
association of funds paid in for stakes races by horsemen.
Judith L. Kennison, General Counsel for the Texas Racing Commission, has
determined that for the first five-year period the amendments are in effect
there will be no fiscal implications for state or local government.
Ms. Kennison has also determined that for each of the first five years
the amendment is in effect the public benefit anticipated as a result of enforcing
the proposal will be that the public can be assured that the Commission is
protecting funds committed to small business persons, specifically the horsemen.
There may be a slight increase of funds to small or micro businesses. There
is no anticipated economic cost to an individual required to comply with the
amendment as proposed. The proposal has no effect on the state's agricultural,
horse breeding, horse training, greyhound breeding, or greyhound training
industries.
Written comments must be submitted within 30 days after publication of
the proposed amendment in the
Texas Register
to Judith L. Kennison, General Counsel for the Texas Racing Commission, P.O.
Box 12080, Austin, Texas 78711-2080, fax (512) 833-6907.
The amendments are proposed under the Texas Civil Statutes, Article
179e, §3.02, which authorizes the Commission to adopt rules for conducting
racing with wagering and for administering the Texas Racing Act; and §6.06,
which authorizes the Commission to adopt rules on all matters relating to
the operation of pari-mutuel racetracks.
The proposed amendment implements Texas Civil Statutes, Article 179e.
§309.298.Stakes and Other Prepayment Races.
(a)
An association shall file with the Commission, for approval,
a copy of the race conditions and the nomination blank for all stakes or other
prepayment races before distributing the conditions to the public.
(b)
The nomination blank must state all conditions of the race,
including:
(1)
the payment schedule;
(2)
the dates and conditions for the race and any trials;
(3)
the source and amount of any added money;
(4)
the distribution of all funds paid into the race, including
the percentages allocated for advertising, administration, and other expenses
, provided that no such expenses may be made or incurred by an association
;
(5)
terms for obtaining refunds, if any; and
(6)
all other conditions pertaining to the race.
(c)
The association shall maintain one account in an F.D.I.C.
secured financial institution, for which only funds received for stakes and
other prepayment races may be deposited, except as otherwise authorized by
these rules. The account must require, for all withdrawals, the signatures
of two officers of the association.
(d)
The association shall designate an official as the stakes
nomination secretary who shall be responsible for the collection and deposit
of all stakes, nomination, futurity and derby payments, preparation of the
list of horses and their owners nominated for stakes, nomination, futurity
and derby races and serving as the point of contact for the Commission staff
for questions or information regarding stakes and other prepayment races.
The association shall include the name of the person designated as the stakes
nomination secretary in the list of officials prepared pursuant to §313.4
of this title (relating to Approval of Officials). The association shall include
the person designated as the stakes nomination secretary in an insurance policy
or fidelity bond covering employee dishonesty.
(e)
Not later than five business days after receiving a request
by the Commission, the association shall provide to the Commission a list
of all horses nominated for the race, distinguishing which horses remain eligible
as of the date of the request and the names of all owners of each horse remaining
eligible.
(f)
Not later than five business days after receiving a request
by the Commission, the association shall provide a written report to the Commission
regarding the activity and status of the escrow account in which the race
funds are maintained. The report must include the name of the financial institution
in which the account is held, the dates and amounts of deposits into the account
by each nominator or sponsor, the dates and amounts of all withdrawals or
deductions from the account, and for what purpose each withdrawal or deduction
was made.
(g)
Not later than five business days after receiving a request
from the Commission, the horsemen's bookkeeper shall provide to the Commission
the final report for the distribution of the purse for stakes and other prepayment
races. The final report must state how the purse was distributed to each purse
winner, including the address to which a check was mailed or the date on which
winnings were deposited in the appropriate horsemen's account.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on May 13, 2002.
TRD-200202965
Judith L. Kennison
General Counsel
Texas Racing Commission
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 833-6699
Subchapter A. OFFICIALS
1.
GENERAL PROVISIONS
16 TAC §313.5
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Racing Commission or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Racing Commission proposes a repeal to §313.5,
relating to complaints against officials. The repeal is necessary because
the provision is duplicative and, therefore no longer necessary. The provision
for complaints against officials is now located in Chapter 323 of the Rules.
Judith L. Kennison, General Counsel for the Texas Racing Commission, has
determined that for the first five-year period the repeal is in effect there
will be no fiscal implications for state or local government as a result of
enforcing the proposal.
Ms. Kennison has also determined that for each of the first five years
the rule is in effect the public benefit anticipated will be greater ease
of use of the Commission rules. There will be no fiscal implications for small
or micro-businesses. There is no anticipated economic cost to an individual
required to comply with the amendment as proposed. The proposal has no effect
on the state's agricultural, horse breeding, horse training, greyhound breeding,
or greyhound training industries.
Written comments must be submitted within 30 days after publication of
the proposed repeal in the
Texas Register
to Judith L. Kennison, General Counsel for the Texas Racing Commission, P.O.
Box 12080, Austin, Texas 78711-2080, fax (512) 833-6907.
The repeal is proposed under the Texas Civil Statutes, Article
179e, §3.02, which authorizes the Commission to adopt rules for conducting
racing with wagering and for administering the Texas Racing Act; and Government
Code, §2001.004, which requires the Commission to adopt rules of practice
stating the nature and requirements of all available formal and informal procedures.
The repeal implements Texas Civil Statutes, Article 179e.
§313.5.Complaints against Officials.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 13, 2002.
TRD-200202966
Judith L. Kennison
General Counsel
Texas Racing Commission
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 833-6699
1.
JOCKEYS
16 TAC §313.409
The Texas Racing Commission proposes an amendment to §313.409,
related to jockey mount fees. The Texas Horsemen's Partnership petitioned
the Commission for this amendment. The amendment would preclude the possibility
of exposing the horsemen's bookkeeper to liability for duplicate payments
by holding in escrow jockey mount fees in stakes races until the Commission
has cleared the race for payment.
Judith L. Kennison, General Counsel for the Texas Racing Commission, has
determined that for the first five-year period the amendment is in effect
there will be no fiscal implications for state or local government as a result
of enforcing the proposal.
Ms. Kennison has also determined that for each of the first five years
the amendment is in effect the public benefit anticipated as a result of enforcing
the proposal will be that the Commission rules are made clear and unambiguous.
There will be no fiscal implications for small businesses or micro-businesses.
There is no anticipated economic cost to an individual required to comply
with the amendment as proposed. The proposal will have no effect on the state's
agricultural, horse breeding, horse training, greyhound breeding, or greyhound
training industries.
Written comments must be submitted within 30 days after publication of
the proposed amendment in the
Texas Register
to Judith L. Kennison, General Counsel for the Texas Racing Commission, P.O.
Box 12080, Austin, Texas 78711-2080, fax (512) 833-6907.
The amendment is proposed under the Texas Civil Statutes, Article
179e, §3.02, which authorizes the Commission to adopt rules for conducting
racing with wagering and for administering the Texas Racing Act; and §3.021,
which authorizes the Commission to regulate all aspects of greyhound and horse
racing in Texas.
The proposal implements Texas Civil Statutes, Article 179e.
§313.409.Jockey Mount Fees.
(a) - (f)
(No change.)
(g)
If the fee due to a jockey in a stakes
race is $5,000 or more, the horsemen's bookkeeper may hold such fee in escrow
until post-race testing is completed and action by the Commission releases
the purse for that race, at which time the appropriate payment of the escrowed
fee shall be made.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on May 13, 2002.
TRD-200202967
Judith L. Kennison
General Counsel
Texas Racing Commission
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 833-6699
Subchapter B. TOTALISATOR REQUIREMENTS AND OPERATING ENVIRONMENT
or performing propane-related research
services or other services
], but who is an end-user of odorized propane
fuel, including but not limited to a consumer of odorized propane as a residential
or commercial heating or water-heating fuel, as an automotive or other transportation
fuel, or as an agricultural or industrial fuel.
or performing propane-related research
or other services
].
(10)
Subcommittee--A panel of
no fewer than five members of the committee assigned to handle issues relating
to research, marketing, or public education.]
September 1, 2002,
] unless the commission amends
this subsection to establish a different date.
(i)
Subcommittees. The committee
shall be organized into three subcommittees of no fewer than five members
each for research, marketing, and public education. One member of each subcommittee
shall serve as the chair of that subcommittee. The subcommittee chairs shall
make written reports regarding their subcommittee's work to the presiding
officer.]
(j)
] Meetings. The committee shall
meet at the call of the presiding officer or the commission. Committee [
and subcommittee
] meetings are open to the public.
(k)
] Committee records. The division
staff shall record and maintain the originals of the minutes of each committee
[
and subcommittee
] meeting. The division shall maintain a record
of actions taken by the committee and shall distribute copies of approved
minutes and other committee documents to the commission and the committee
members.
(l)
] Evaluation of committee costs
and benefits. By October 1 of each year, the division director shall evaluate
for the previous fiscal year and report to the commission:
(m)
] Report to Legislative Budget
Board. The commission shall biennially report to the Legislative Budget Board
the information developed under subsection
(k)
[
(l)
]
of this section in evaluating the committee's costs and benefits.
§9.152 of
this title (relating to Report of Odorization)
], or a supplier who has
been designated as the agent of such person on AFRED Form 6A.
and ] Importers and Importer Agents .
(d)
] Each person subject to this
section shall file a new AFRED Form 6 or AFRED Form 6A within 30 days after
any change in any of the information reported on either form, and shall report
in writing the termination of an agent designation within 30 days of the termination.
(e)
] Failure to file AFRED Form
6 and AFRED Form 6A as required by this section may subject the person to
civil penalties under §15.80 of this title (relating to Civil Penalties).
(f)
] Filing AFRED Form 6 or AFRED
Form 6A does not satisfy an odorizer's obligation to file LPG Form 17 under
§9.114 of this title (relating to Odorizing and Reports)
[
§9.152 of this title (relating to Report of Odorization)
].
(a)
]
On or before the 25th day of each month, or
the first business day after the 25th day of each month in which the 25th
falls on a Saturday, Sunday, or a legal holiday, each odorizer and importer
shall file a report and remit to the commission all fees due on odorized LPG
delivered into a means of conveyance in the previous month. Fees are due to
the commission on all LPG delivered into a means of conveyance in the previous
month, regardless of whether the fees were actually collected from persons
responsible for paying the fees in that month. The report shall be prepared
on AFRED Form 1, Odorizer's or Importer's Report of Fees Collected, shall
be filed by mailing the completed form and fees to AFRED, and shall be postmarked
on or before the deadline for filing. Late filings or failure to file as required
will subject the odorizer or importer to additional fees or penalties under §15.75
and §15.80 of this title (relating to Penalty for Failure To Report as
Required and Civil Penalties).
(b)
Odorizers and importers may
file amended reports for the months of September 1997 through March 1998 without
penalty, provided such reports are postmarked on or before April 27, 1998.]
, unless such a fee is required to
be levied and collected under the federal Propane Education and Research Act
of 1996 (15 USC §6401, et seq.)
].
and a copy filed with AFRED
]. Each
odorizer or importer shall keep all exemption forms on file for a minimum
of four years and readily available in a convenient and organized manner for
commission inspection.
Schedule A of
] AFRED
Form 1
in the block labeled Adjustment for Refunds; complete Schedule
A (AFRED Form 1A, Schedule of Refund Amounts); and submit the completed forms
to the division
. All amounts refunded and reported in this manner may
be deducted from the total amount of fees collected to arrive at the total
amount of fees to be remitted to the commission. An odorizer or importer shall
maintain on file for a minimum of four years the refund request forms for
all refunds reported to the commission, and shall make these forms readily
available for commission inspection.
AFRED
].
Supporting export documents include, but are not limited to, bills of lading,
shipping manifests and load tickets. Supporting fee-payment documents include,
but are not limited to, invoices, ledgers and journal entries tied to export
documents.
In lieu of issuing a warrant, the commission may permit an
odorizer or importer to deduct the amount of an approved refund from the total
amount of fees remitted to the commission in a subsequent month.
to test equipment and
]
to inspect, examine, and obtain copies of the papers, books, accounts, documents,
business records, and other materials maintained under §15.85 of this
title (relating to Records) for the purpose of conducting an audit or investigation
or enforcing or administering the AFRED program or commission rules.
mail by certified mail
] a copy to
the odorizer or importer that is the subject of the audit or investigation.
The odorizer or importer
shall
[
may
] file a written
response,
if requested,
and shall have
30
[
20
]
days from the date
on the letter
[
the findings are postmarked
] to file the response with the director.
by certified
mail
]. The notice shall include a statement that the odorizer or importer
has a right to a hearing on the director's determination contained in the
report.
20
] days after the date
on
the notice [
is postmarked
], the odorizer or importer shall
file a written response either accepting the director's determination, and
recommended penalty, if any, or requesting a hearing on the director's determination.
(d)
] The fact situations in subsections
(b)
, (c) , and (d)
[
and (c)
] of this section are illustrative
only. In all situations, the commission will apply the provisions of Texas
Natural Resources Code, §§113.241, et seq., and the rules adopted
pursuant thereto, §§15.1, et seq. of this title, to achieve the
intended statutory purpose of assessing the fee on LPG, not otherwise exempt,
that is either odorized in Texas or imported in odorized form into Texas.
Subchapter B. PROPANE CONSUMER REBATE PROGRAM
, Gas Services Division
] of the commission, or is an active company representative or operations
supervisor on file with the
Gas Services Division,
LP-Gas Section;
and
undesignated head
] (relating to the Alternative
Fuels Research and Education Division). The commission may terminate this
rebate program at any time.
§15.125(e)
]
of this title (relating to Application).
, Gas
Services Division
] of the commission at the same address.
Subchapter C. MEDIA REBATE PROGRAM
undesignated head
], relating to the Alternative Fuels Research
and Education Division, shall have the following meanings, unless the context
clearly indicates otherwise.
Division
]
of the commission, or is an active company representative or operations supervisor
on file with the LP-Gas
Section
[
Division
]; and
Division
] of the commission.
undesignated head
] (relating to
the Alternative Fuels Research and Education Division). The commission may
terminate this rebate program at any time.
10-115
], P.O. Box
12967, Austin, Texas 78711-2967. Applications may not be submitted electronically
or by facsimile transmission (FAX).
Subchapter D. HIGHWAY SIGNAGE REBATE PROGRAM
§§15.301, 15.305, 15.310, 15.315, 15.320, 15.325, 15.330,
15.335, 15.340, 15.345, and 15.350 of this title (relating to the Alternative
Fuels Research and Education Division)
], shall have the following meanings,
unless the context clearly indicates otherwise.
undesignated head
] of this chapter (relating to the Alternative Fuels
Research and Education Division).
Subchapter E. MANUFACTURED HOUSING INCENTIVE PROGRAM
chapter
], shall have the following meanings, unless the context
clearly indicates otherwise.
; and
]
(C)
has completed and submitted
the application prescribed by the commission for participation in the manufactured
housing incentive program].
Gas Services Division,
] of the commission, or is an active company representative or operations
supervisor on file with the
Gas Services Division,
LP-Gas Section,
[
Gas Services Division
]; and
(b)
The purchaser or owner of
the eligible manufactured housing unit shall have submitted to the commission
an application for a consumer rebate prior to issuance of the manufactured
housing incentive.]
(c)
] No applicant shall be eligible
for an incentive unless the delivery date of the application is no later than
120 days following the date of purchase of the manufactured housing unit.
in writing
] that the applicant's application is incomplete or incorrect. Applicants
shall have 30 days from the date of the postmark on the division's notice
to correct any errors or omissions on the application. If the applicant fails
to file the requested information with the division within this 30-day period,
the application shall be void.
(b)
No application may be approved
for payment before the purchaser's consumer rebate is approved for payment.]
(c)
] Incentive amounts assigned
shall be those in effect on the delivery date of each application.
Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION
$200
].
Part 8.
TEXAS RACING COMMISSION
a
] horse registered with the Jockey Club, accredited with the breed
registry and conceived and foaled in Texas, out of a mare accredited with
the breed registry that is permanently domiciled in Texas [
, and sired
by a stallion accredited with the breed registry and standing in Texas at
the time of conception of said foal. Also, any horse foaled in Texas may be
eligible to be accredited if the mare becomes an accredited mare permanently
domiciled in Texas and is next bred, within two seasons, to any Thoroughbred
stallion accredited with the breed registry and standing in Texas at the time
said mare is covered. If this breed-back is not accomplished the year said
foal is born, it must then take place during the breeding season of the foal's
yearling year if the foal in question is to be eligible for accreditation
].
-bred
] Thoroughbred Mare--A
mare registered with the Jockey Club, accredited with the breed registry,
and permanently domiciled in Texas except for racing and breeding privileges.
Annual reproductive activity of the mare may be required to be reported to
the breed registry in writing via photocopy of the Live Foal Report/No Foal
Report submitted annually to the Jockey Club.
If an Accredited Texas Thoroughbred Stallion services any mare
outside the State of Texas within that breeding season, those foals conceived
outside the state of Texas will be subject to the Breed-Back Rule.
]
The breed registry must be notified in writing within 10 calendar days each
time the stallion leaves or enters the State of Texas. A photocopy of the
annual Report of Mares Bred may be required to be submitted to the breed registry
office on or before the date required by the Jockey Club (August 1). Stallion
owners are eligible to receive stallion awards only from offspring sired in
Texas after the stallion has become accredited with the breed registry and
applicable administrative fees have been paid.
(2)
] Any accredited Texas-bred Thoroughbred
that finishes first, second, or third in any race in Texas (with the exception
of a stakes race restricted to accredited Texas-breds) shall receive an owner's
incentive award. All owner's incentive awards shall be noted in each association's
condition book and race program so as to identify the availability of the
accredited Texas-bred program owner incentive awards.
Chapter 309.
RACETRACK LICENSES AND OPERATIONS
Chapter 313.
OFFICIALS AND RULES FOR HORSE RACING
Subchapter D. RUNNING OF THE RACE
Chapter 321.
PARI-MUTUEL WAGERING