The Texas State Library and Archives Commission proposes to review its rules in 13 TAC Chapter 5 concerning the certification of county librarians pursuant to the requirements of the Government Code, §2001.039.

The rules were adopted pursuant to the Government Code, §441.007 that requires the Texas State Library and Archives Commission to adopt policies regarding the certification of county librarians. The rules are necessary to carry out the statutory obligations of the Texas State Library and Archives Commission for the certification of county librarians.

Comments on the commission's review of its rules in Chapter 5 may be directed to Deborah Littrell, Director, Library Development Division, Box 12927, Austin, TX 78711. For further information or questions concerning this proposal, please contact Ms. Littrell at (512) 463-5456 or at deborah.littrell@tsl.state.tx.us.

TRD-200302199

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Filed: April 3, 2003

Title 30, Part 1

The Texas Commission on Environmental Quality (commission) adopts the rules review and readopts Chapter 70, Enforcement, without changes, in accordance with Texas Government Code, §2001.039, which requires state agencies to review and consider for readoption each of their rules every four years. The review must include an assessment of whether the reasons for the rules continue to exist. Any updates, consistency issues, or other changes, if needed, will be addressed in a separate rulemaking. The notice of intention to review was published in the January 10, 2003 issue of the Texas Register (28 TexReg 487).

CHAPTER SUMMARY

Chapter 70 provides for general rules governing enforcement actions before the commission and consists of three subchapters.

Subchapter A, Enforcement Generally, states the purpose of the chapter; defines terms used in the chapter; authorizes the use of enforcement guidelines that announce the manner in which the agency expects to exercise its discretion in future proceedings; authorizes the use of information demonstrating possible violations from private individuals and provides the criteria for evaluating the value and credibility of information received; describes the remedies available to the commission in enforcement actions; authorizes the executive director to institute legal proceedings to enforce and compel compliance; provides for exemption from enforcement violations caused solely by an act of God, war, strike, riot, or other catastrophe; states that a party asserting inability to pay a recommended penalty shall have the burden of establishing that a lesser penalty is justified; authorizes the use of installment payments of an administrative penalty; authorizes the use of agreed orders and requires certain procedures for public notice and comment; and requires that parties are given notice of rulings, orders, or decisions.

Subchapter B, Mandatory Enforcement Hearings, requires the executive director to monitor compliance with all permits and licenses issued by the commission and requires certain actions if the evidence available indicates substantial noncompliance.

Subchapter C, Enforcement Referrals to State Office of Administrative Hearings (SOAH), authorizes the use of an Executive Director's Preliminary Report to initiate enforcement action; spells out the procedures for pleadings other than the Executive Director's Preliminary Report; authorizes the executive director to file a petition as the instrument for initiating an enforcement action; requires the executive director to give written notice of the Executive Director's Preliminary Report to the respondent and spells out procedures; authorizes a respondent to file with the chief clerk a written response to the Executive Director's Preliminary Report or a pleading which may deny the alleged violations and/or the amount of the penalty; authorizes the use of and spells out the procedures for default orders if any respondent to an Executive Director's Preliminary Report or petition initiating an enforcement action fails to timely file an answer; requires that, if required by law, an enforcement hearing shall be held before any final enforcement order is issued and, if an enforcement hearing is not required, authorizes the commission to hold a hearing on its own motion, or upon the request of the executive director, before issuing a final enforcement order or to direct SOAH to hold such a hearing; provides that in a contested enforcement case, unless the commission chooses to hear the case itself, SOAH shall have the delegated authority to preside over the case; and spells out the procedures for referring to SOAH.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission conducted a preliminary review and determined that the basis for the rules in Chapter 70 continue to exist. The rules are needed to implement the commission's enforcement authority under Texas Water Code (TWC), §7.002 to enforce the laws within the commission's jurisdiction. The commission is required to adopt rules necessary to carry out its powers and duties under the TWC and other laws of the state, and to adopt reasonable procedural rules to be followed in a commission hearing (TWC, §5.103). The commission is required to adopt rules of practice stating the nature of all available formal and informal procedures (Texas Government Code, §2001.004). The rules also authorize the executive director to pursue an enforcement matter through court action (by referring the matter to the Texas Attorney General), as is contemplated in TWC, §5.230.

This review revealed that revisions are needed to improve clarity, consistency, and readability. The commission intends to consider correction of these items in a separate rulemaking (Rule Log Number 2002-063-070-AD).

PUBLIC COMMENT

The public comment period closed on February 10, 2003. No comments were received.

TRD-200302226

Paul C. Sarahan

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 4, 2003

The Texas Commission on Environmental Quality (commission) adopts the rules review and readopts Chapter 285, On-Site Sewage Facilities, without changes, in accordance with Texas Government Code, §2001.039, which requires state agencies to review and consider for readoption each of their rules every four years. The review must include an assessment of whether the reasons for the rules continue to exist. Any updates, consistency issues, or other changes, if needed, will be addressed in a separate rulemaking. The notice of intention to review was published in the January 10, 2003 issue of the Texas Register (28 TexReg 488).

CHAPTER SUMMARY

Chapter 285 provides the requirements for on-site sewage facilities (OSSF). Subchapter A contains the general provisions of the rules including purpose and applicability, definitions, general requirements, facility planning requirements, submittal requirements for planning materials, cluster systems requirements, maintenance requirements, and multiple OSSF systems on one large tract of land requirements. Subchapter B includes the requirements for the local administration of the OSSF program. Subchapter C includes the requirements for the commission's administration of the OSSF program in areas where no authorized agent exists. Subchapter D contains the planning, construction, and installation standards for OSSFs. Subchapter E contains the requirements for OSSFs in the Edwards Aquifer recharge zone. Subchapter F contains the licensing and registration requirements for installers, apprentices, designated representatives, and site evaluators. Subchapter G contains the criteria for enforcement. Subchapter H contains the requirements for treatment and disposal of greywater. Subchapter I contains the Appendices.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission conducted a review and determined that the reasons for the rules in Chapter 285 continue to exist. The rules in this chapter protect the public health and welfare by providing a comprehensive regulatory program for the management of OSSFs, as prescribed by Texas Health and Safety Code (THSC), Chapter 366, On-Site Sewage Disposal Systems. Additionally, the rules are needed to implement THSC, Chapter 366, including THSC, §366.001, which provides the policy and purpose of Chapter 366; THSC, §366.011, which provides for the commission's general supervision and authority over the location, design, construction, installation, and proper functioning of the OSSF; THSC, §366.012, which provides the commission authority to adopt rules concerning on-site sewage disposal systems; THSC, §366.053, which provides the commission authority to adopt rules and procedures relating to the submission, review, and approval or rejection of permit applications; THSC, §366.058, which requires the commission to adopt rules addressing permit fees; THSC, §366.059, as amended by House Bill 2912, §3.09, 77th Legislature, 2001, which allows the commission to assess a reasonable and appropriate charge-back fee; and THSC, §366.072, which provides the authority for the commission to adopt rules for registration.

PUBLIC COMMENT

The public comment period closed on February 10, 2003. No comments were received.

TRD-200302311

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: April 7, 2003

The Texas Commission on Environmental Quality (commission) adopts the rules review and readopts Chapter 309, Domestic Wastewater Effluent Limitation and Plant Siting, in accordance with Texas Government Code, §2001.039, which requires state agencies to review and consider for readoption each of their rules every four years. The review must include an assessment of whether the reasons for the rules continue to exist. Any updates, consistency issues, or other changes, if needed, will be addressed in a separate rulemaking. The notice of intention to review was published in the January 17, 2003 issue of the Texas Register (28 TexReg 551).

CHAPTER SUMMARY

Chapter 309 provides for effluent limitations for domestic wastewater in Subchapter A, location standards in Subchapter B, and land disposal of sewage effluent in Subchapter C. Subchapter A includes effluent quality limitations for treated domestic sewage, which will be required for permittees as appropriate to maintain water quality in accordance with the commission's surface water quality standards. Subchapter B establishes minimum standards for the location of domestic wastewater treatment facilities including definitions, considerations for determining site selection, and unsuitable site characteristics. Subchapter C outlines the components of a required technical report for the design of the wastewater disposal system as well as the requirements of irrigation disposal systems and percolation disposal systems.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission conducted a review and determined that the reasons for the rules in Chapter 309 continue to exist. The rules are needed to provide regulations to support the state water quality management program regarding domestic wastewater treatment facilities to minimize possible contamination of ground and surface water and the possibility of exposing the public to nuisance conditions. The rules are needed under Texas Water Code, §5.103, which provides the commission's authority to adopt any rules necessary to carry out its powers and duties under the laws of Texas; §5.105, which provides the commission's authority to, by rule, establish and approve general policy of the commission; §5.120, which provides the commission's authority to administer the law to promote conservation and protection of the quality of the environment; §26.034, which provides the commission's authority to adopt rules for the approval of disposal system plans; and §26.041, which provides the commission's authority to set standards to prevent the discharge of waste that is injurious to the public health.

PUBLIC COMMENT

The comment period closed February 18, 2003. No comments were received.

TRD-200302310

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: April 7, 2003

Title 22, Part 9

The Texas State Board of Medical Examiners adopts the review of Chapter 167, (§§167.1-167.8), concerning Reinstatement and Reissuance, pursuant to the Texas Government Code, §2001.039.

The Texas State Board of Medical Examiners contemporaneously adopts amendments to §§167.1, 167.2, 167.4-167.6, elsewhere in this issue of the Texas Register .

The proposed review was published in the February 28, 2003, issue of the Texas Register (28 TexReg 1909).

No comments were received regarding adoption of the rule review.

The agency's reason for adopting the rules contained in this chapter continues to exist.

This concludes the review of Chapter 167, Reinstatement and Reissuance.

TRD-200302277

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Filed: April 7, 2003

The Texas State Board of Medical Examiners adopts the review of Chapter 169, (§§169.1-169.8), concerning Authority of Physicians to Supply Drugs, pursuant to the Texas Government Code, §2001.039.

The Texas State Board of Medical Examiners contemporaneously adopts amendments to §§169.1-169.5 and 169.7, elsewhere in this issue of the Texas Register .

The proposed review was published in the February 28, 2003, issue of the Texas Register (28 TexReg 1909).

No comments were received regarding adoption of the rule review.

The agency's reason for adopting the rules contained in this chapter continues to exist.

This concludes the rule review of Chapter 169, Authority of Physicians to Supply Drugs.

TRD-200302278

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Filed: April 7, 2003

The Texas State Board of Medical Examiners adopts the review of Chapter 196, (§§196.1-196.5), concerning Voluntary Surrender of a Medical License, pursuant to the Texas Government Code, §2001.039.

The Texas State Board of Medical Examiners contemporaneously adopts amendments to §§196.1-196.5, elsewhere in this issue of the Texas Register .

The proposed review was published in the February 28, 2003, issue of the Texas Register (28 TexReg 1909).

No comments were received regarding adoption of the rule review.

The agency's reason for adopting the rules contained in this chapter continues to exist.

This concludes the review of Chapter 196, Voluntary Surrender of a Medical License.

TRD-200302279

Donald W. Patrick , MD, JD

Executive Director

Texas State Board of Medical Examiners

Filed: April 7, 2003

The Texas State Board of Medical Examiners adopts the review of Chapter 198, (§§198.1), concerning Unlicensed Practice, pursuant to the Texas Government Code, §2001.039.

The proposed review was published in the February 28, 2003, issue of the Texas Register (28 TexReg 1909).

No comments were received regarding adoption of the rule review.

The agency's reason for adopting the rules contained in this chapter continues to exist.

This concludes the review of Chapter 198, Unlicensed Practice.

TRD-200302280

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Filed: April 7, 2003