Part 1.
GENERAL LAND OFFICE
Chapter 1.
EXECUTIVE ADMINISTRATION
The General Land Office (GLO) adopts, without changes, the repeal
of 31 TAC Chapter 1, Subchapter A, relating to Vacancies, §1.4; the repeal
of 31 TAC Chapter 1, Subchapter E, relating Vacancies Listing Service, §1.51
and §1.52; and the repeal of 31 TAC Chapter 1, Subchapter F, relating
to Procedures for Hearings, §§1.61-1.79, without changes, as published
in the November 1, 2002, issue of the
Texas Register
(27 TexReg 10333) and will not be republished.
The GLO adopts the repeal Subchapter A, relating to Vacancies, as the GLO
has consolidated all its rules relating to Vacancies into 31 TAC Chapter 13,
relating to Land Resources, and this subchapter is no longer needed and with
the adopted repeal of §1.4 this subchapter no longer contains any rules.
The GLO adopts the repeal of §1.4, relating to Adopt-A-Beach Volunteer
Program, because the Adopt-A-Beach Volunteer Program has been reorganized
and this section now is not relevant.
The GLO adopts the repeal Subchapter E, relating to Vacancy Listing Service,
including §1.51 and §1.52 because the listing service is outdated
as this services is now available on-line at the GLO web-site and is free
of charge.
The GLO adopts the repeal of Subchapter F, relating to Procedures for Hearings.
Sections 1.61 - 1.78 are simultaneously being adopted in a separate rulemaking
action, as new Chapter 2, Subchapter B relating to Procedures for Non-Contested
Case Hearings. Chapter 2 contains rules for the GLO's contested and non-contested
case hearings. The GLO adopts this repeal in order to consolidate its hearing
procedures under one chapter. The consolidation of all the GLO hearing rules
into one chapter creates more logically organized and easier to use rules.
Section 1.79, relating to Procedures for Formal Protests of Purchase Contracts,
is adopted for repeal and simultaneously is adopted in a separate rulemaking
action as new Chapter 3, Subchapter E, §3.50, relating Procedures for
Formal Protests of Purchase Contracts. Section 1.79 is located in a subchapter
relating to hearings; this section is adopted for repeal and simultaneously
being adopted as §3.50 in order to consolidate rules that govern general
services, activities and procedures that the GLO provides. This change creates
more logically organized rules and clarifies the legal procedures available
to persons protesting the GLO process for awarding purchase contracts.
No comments were received regarding the adoption of these proposed repeals.
Subchapter A. VACANCIES
31 TAC §1.4
The repeal of Chapter 1, Subchapter A is adopted under §51.174
and §51.175 of the Texas Natural Resources Code that authorizes the GLO
to promulgate rules relating to Vacancies. The repeal of Chapter 1, §1.4
is adopted under §61.067 of the Texas Natural Resources Code which provides
the GLO the authority to promulgate rules regarding the Adopt-A-Beach program.
Texas Natural Resources Code Chapter 51, §§51.171-51.192 and
Chapter 61, §61.067 are affected by the repeal of this subchapter and
section.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on December 20, 2002.
TRD-200208480
Larry Soward
Chief Clerk
General Land Office
Effective date: January 9, 2003
Proposal publication date: November 1, 2002
For further information, please call: (512) 305-9129
31 TAC §1.51, §1.52
The repeal of Chapter 1, Subchapter E, §1.51 and §1.52
is adopted under §31.051 of the Texas Natural Resources Code that authorizes
the GLO to promulgate and enforce rules consistent with the law.
Texas Natural Resources Code Chapter 51, §§51.171-51.192 are
affected by the repeal of this subchapter and sections.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on December 20, 2002.
TRD-200208481
Larry Soward
Chief Clerk
General Land Office
Effective date: January 9, 2003
Proposal publication date: November 1, 2002
For further information, please call: (512) 305-9129
31 TAC §§1.61 - 1.79
The repeal of Chapter 1, Subchapter F, §§1.61-1.78
is adopted under §2001.004 of the Texas Government Code that requires
state agencies to adopt rules of practice for formal and informal hearing
procedures. The repeal of Chapter 1, §1.79 is adopted under Texas Government
Code, §2155.076 that requires state agencies to develop and adopt procedures
for resolving vendor protests relating to purchase issues.
Texas Natural Resources Code Chapter 31, §31.1611, §31.166, Chapter
34, §34.0135 and Texas Government Code, Chapter 2155, Subchapter B are
affected by the repeal of this subchapter and sections.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on December 20, 2002.
TRD-200208482
Larry Soward
Chief Clerk
General Land Office
Effective date: January 9, 2003
Proposal publication date: November 1, 2002
For further information, please call: (512) 305-9129
31 TAC §§2.1 - 2.28
The General Land Office (GLO) adopts the repeal of 31 TAC
Chapter 2, relating to Rules of Practice and Procedure, §§2.1-2.28,
without changes, as published in the November 1, 2002, issue of the
Sections 2.1-2.28 govern the procedures for contested case hearings before
the GLO including those hearing that the GLO refers to the State Office of
Administrative Hearings (SOAH). New sections are simultaneously being adopted
in a separate rulemaking action as a new Chapter 2, Subchapter A, relating
to Procedures for Contested Case Hearings.
Texas Government Code, §2001.004, relating to Requirement to Adopt
Rules of Practice and Index Rules, Orders and Decisions, requires the GLO
to adopt rules for its hearing procedures. The GLO currently has rules governing
its hearing procedures in several chapters in 31 Texas Administrative Code
Part 1, relating to the General Land Office. The GLO is consolidating its
hearing procedures into one chapter, Chapter 2, relating to Rules of Practice
and Procedure through the concurrent repeals and adoptions of several subchapters
and sections. The GLO adopts the repeal of §§2.1-2.28 and simultaneously
adopts in a separate rulemaking action new Chapter 2, Subchapter A, relating
to Procedures for Contested Case Hearings, §§2.1-2.28, to consolidate
its rules governing contested case hearings into one chapter. This consolidation
will create rules that are more logically organized and easier to use.
No comments were received regarding the proposed repeal of Chapter 2, §§2.1-2.28.
The repeal of Chapter 2, §§2.1-2.28, is adopted under
Texas Government Code, §2001.004 that requires state agencies to adopt
rules of practice for formal and informal hearing procedures.
Texas Natural Resources Code Chapter 31, Chapter 40, Chapter 51, §51.076,
and Chapter 52, §52.135 are affected by the repeal of these sections.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on December 20, 2002.
TRD-200208483
Larry Soward
Chief Clerk
General Land Office
Effective date: January 9, 2003
Proposal publication date: November 1, 2002
For further information, please call: (512) 305-9129
The General Land Office (GLO) adopts new 31 TAC Chapter 2, Subchapter
A, relating to Procedures for Contested Case Hearings, including §2.1,
relating to Applicability, §2.2, relating to Definitions, §2.3,
relating to Jurisdiction, §2.4, relating to the Powers and Duties of
the Administrative Law Judge, §2.5, relating to Substitution of Administrative
Law Judge, §2.6, relating to Appearance of Parties at Hearings; Representation, §2.7,
relating to Filings, §2.8, relating to Discovery, §2.9, relating
to Prehearing Conferences, §2.10, relating to Orders, §2.11, relating
to Settlement Conferences §2.12, relating to Stipulations, §2.13,
relating to Form of Pleadings, §2.14, relating to Motions, §2.15,
relating to Waiver of Right to Appear, §2.16, relating to Conduct of
Hearings, §2.17, relating to Telephone Hearings, §2.18, relating
to Evidence, §2.19, relating to The Record, §2.20, relating to Proposal
for Decision, §2.21, relating to the Filing of Exceptions and Replies, §2.22,
relating to Commissioner's Orders, §2.23, relating to Rehearing, §2.24,
relating to Judicial Review, §2.25, relating to Administrative Finality, §2.26,
relating to Effective Date of Order, §2.27, relating to Emergency Order,
and §2.28, relating to Show Cause Orders and Complaints, without changes
to the text as published in the November 1, 2002 issue of the
Texas Register
(27 TexReg 10335) and will not be republished. The GLO
is adopting the simultaneous repeal of §§2.1-2.28 in a separate
rulemaking action.
The GLO adopts new 31 TAC Chapter 2, Subchapter B, relating to Procedures
for Non-Contested Case Hearings, including §2.31, relating to Applicability, §2.32,
relating to Definitions, §2.33, relating to Hearings, §2.34, relating
to Public Decorum and Participation, §2.35, relating to Effect of Notice,
and §2.36, relating to Order of Proceedings and Submissions without changes
to the text as published in the November 1, 2002 issue of the
Texas Register
(27 TexReg 10335) and will not be republished. The rules
related to these hearing procedures are being simultaneously adopted for repeal
in a separate rulemaking action under Chapter 1, Subchapter F, relating to
Procedures for Hearings.
The GLO proposes for adoption new 31 TAC Chapter 2, Subchapter C, relating
to the Procedures for Special Board of Review Hearings, including §2.40,
relating to Purpose, §2.41, relating to Terms, §2.42, relating to
Applicability of Rules, §2.43, relating to Request for Board Hearings, §2.44,
relating to Political Subdivision Authority, §2.45, relating to Notice, §2.46,
relating to Hearings, §2.47, relating to Quorum, §2.48, relating
to Orders, §2.49, relating to Binding Effect of Orders and Development
Plans, and §2.50, relating to Time Periods without changes to the text
as published in the November 1, 2002 issue of the
Texas Register
(27 TexReg 10335) and will not be republished. The rules
related to these hearing procedures are being simultaneously adopted for repeal
in a separate rulemaking action under Chapter 13, Subchapter C, relating to
Special Board of Review Hearings.
Texas Government Code, §2001.004, relating to Requirement to Adopt
Rules of Practice and Index Rules, Orders and Decisions, requires the GLO
to adopt rules for hearing procedures. Currently, several chapters in 31 Texas
Administrative Code contain the GLO's hearing procedures. The GLO adopts these
new subchapters and sections in order to consolidate its hearing procedures
under one chapter, Chapter 2, relating to Rules of Practice and Procedure.
The consolidated Chapter 2 contains the rules governing all GLO Contested
Case Hearings and other hearings required by Texas Natural Resources Code
Chapter 31, §31.1611, relating to Public Hearing Before Preparation of
Development Plan, Chapter 31, §31.166, relating Hearing, and Chapter
34, §34.0135, relating to Policies on Public Hearings. The consolidation
of all the GLO hearing procedures into one chapter creates more logically
organized and easier to use rules.
The GLO adopts new Chapter 2, Subchapter A, relating to Procedures for
Contested Case Hearings, for administrative reasons in order to better organize
the rules contained within this chapter. Only non-substantive and grammatical
changes have been made to the adopted sections.
Adopted Chapter 2, Subchapter B, relating to Procedures for Non-Contested
Case Hearings, applies to hearings before the GLO, Boards for Lease and the
Special Board of Review. These adopted rules better reflect the actual hearing
process before the boards and clarify the hearing procedures for non-contested
case hearings.
Adopted §2.31, relating to Applicability, provides that the procedures
in this subchapter apply to hearings that are not contested case hearings
before the GLO, the Boards for Lease and the Special Board of Review.
Adopted §2.32, relating to Definitions, defines the terms used in
this subchapter.
Adopted §2.33, relating to Hearings, provides that hearings under
this subchapter shall comply with the Texas Opens Meeting Act, Government
Code Chapter 551, that hearings will be recorded in a manner at the discretion
of the chairman of the hearing and the Board will determine the fees for the
hearing's transcripts.
Adopted §2.34, relating to Public Decorum and Participation, governs
conduct for attendants and participants. Any person may be represented by
an attorney or other person authorized to speak on their behalf.
Adopted §2.35, relating to Effect of Notice, provides that notice
for the hearings under this subchapter will be given in accordance with the
Texas Open Meetings Act, Government Code Chapter 551 and that persons failure
to attend does not invalidate the proceedings. Proposed §2.36, relating
to Order of Proceedings and Submissions, provides the general requirements
for the hearing process and the receipt of material for the record.
The Special Board of Review will conduct its hearings in accordance with
the procedures provided in the adopted Chapter 2, Subchapter B, relating to
Procedures for Non-Contested Case Hearings. However, the Special Board of
Review has specific procedural requirements that are not provided by the rules
contained in this adopted subchapter; therefore, the GLO adopts new Chapter
2, Subchapter C, relating to Procedures for Special Board, of Review Hearings,
in order to maintain these procedural requirements.
No comments were received regarding the adoption of 31 TAC Chapter 2, Subchapter
A, §§2.1-2.28, Subchapter B §§2.31-2.36 and Subchapter
C §§2.40-2.50 31 TAC §§2.1 - 2.28
Subchapter A. PROCEDURES FOR CONTESTED CASE HEARINGS
31 TAC §§2.1 - 2.28
The new Chapter 2, Subchapter A, relating to Procedures for
Contested Case Hearings, §§2.1-2.28 is adopted under Texas Government
Code, §2001.004 that requires state agencies to adopt rules of practice
for formal and informal hearing procedures.
Texas Natural Resources Code Chapter 31, Chapter 40, Chapter 51, §51.076, §51.3021,
and Chapter 52, §52.135 are affected by these adopted rulemaking actions.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on December 20, 2002.
TRD-200208484
Larry Soward
Chief Clerk
General Land Office
Effective date: January 9, 2003
Proposal publication date: November 1, 2002
For further information, please call: (512) 305-9129
31 TAC §§2.31 - 2.36
The new Chapter 2, Subchapter B, relating to Procedures for
Non-Contested Case Hearings, §§2.31-2.36 is adopted under Texas
Government Code §2001.004 that requires state agencies to adopt rules
of practice for formal and informal hearing procedures. Texas Natural Resources
Code Chapter 31, §31.1611 and §31.166, Chapter 34, §34.0135,
Chapter 40, Chapter 51, §51.076, §51.3021, and Chapter 52, §52.135
are affected by these adopted rulemaking actions.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on December 20, 2002.
TRD-200208485
Larry Soward
Chief Clerk
General Land Office
Effective date: January 9, 2003
Proposal publication date: November 1, 2002
For further information, please call: (512) 305-9129
31 TAC §§2.40 - 2.50
The new Chapter 2, Subchapter C, relating to Procedures for
Special Board of Review Hearings, §§2.40-2.50 is adopted under Texas
Natural Resources Code §31.166(b) that provides the GLO the authority
to promulgate rules regarding the Special Board of Review hearings. Texas
Natural Resources Code, Chapter 31, §31.1611 and §31.166, Chapter
34, §34.0135, Chapter 40, Chapter 51, §51.3021 and Chapter 52, §52.135
are affect by these adopted rulemaking actions.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on December 20, 2002.
TRD-200208486
Larry Soward
Chief Clerk
General Land Office
Effective date: January 9, 2003
Proposal publication date: November 1, 2002
For further information, please call: (512) 305-9129
Subchapter E. PURCHASING
31 TAC §3.50
The General Land Office (GLO) adopts new 31 TAC Chapter 3,
Subchapter E, relating to Purchasing, including §3.50, related to Procedures
for Formal Protest of Purchase Contracts, without changes to the text, as
published in the November 1, 2002, issue of the
Texas Register
(27 TexReg 10346) and will not be republished. The adopted
Chapter 3, Subchapter E, relating to Purchasing, contains rules that relate
to GLO's purchasing procedures. The adopted §3.50 provides the procedures
any bidder, offeror or contractor uses to formally protest the solicitation,
evaluation, or award of a purchase contract by the GLO. This section provides
the information that must be contained in a properly submitted formal protest
and the process that will be followed after the formal protest submission.
The adopted §3.50 also provides the procedures the commissioner of the
GLO shall follow to make a final determination in a properly submitted formal
protest, provides the retention period for all documents received as part
of the formal protest, and specifies the outcome of a protest that fails to
meet the requirements of this rule. The rules governing these procedures contained
in Chapter 1, Subchapter F, §1.79, related to Procedures for Formal Protests
of Purchase Contracts, are simultaneously adopted for repeal in a separate
rulemaking action.
Under Texas Government Code, §2155.076 the GLO is required to develop
and adopt protest procedures for resolving vendor protests relating to purchasing
issues. Adopted §3.50 fulfills this requirement. Chapter 3, relating
to General Provisions, contains rules governing general services, activities
and procedures the GLO provides. Adopted §3.50 applies to all contracts
the agency awards and therefore it contains general provisions similar to
those contained in other sections of this chapter. The adoption of §3.50
creates more logically organized rules and clarifies the legal procedures
available to parties protesting the GLO procedures for awarding purchase contracts.
No comments were received regarding the adoption of new 31 TAC Chapter
3, Subchapter E, §3.50.
31 TAC Chapter 3, Subchapter E, §3.50 is adopted under §2155.076
of the Texas Government Code that requires each state agency to develop and
adopt protest procedures for resolving vendor protests relating to purchasing
issues.
Texas Government Code Chapter 2155, Subchapter B is affected by this adopted
rulemaking action.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on December 20, 2002.
TRD-200208487
Larry Soward
Chief Clerk
General Land Office
Effective date: January 9, 2003
Proposal publication date: November 1, 2002
For further information, please call: (512) 305-9129
The General Land Office (GLO) adopts the repeal of 31 TAC Chapter
4, relating to General Rules of Practice and Procedure, including Subchapter
A, §§4.11-4.16; Subchapter B, §§4.21-4.25; Subchapter
C, §§4.41-4.43; Subchapter D, §§4.51-4.55; Subchapter
E, §§4.61-4.69; Subchapter F, §§4.81-4.83; Subchapter
G, §§4.91-4.99; Subchapter H, §§4.111-4.120; Subchapter
I, §§4.130-4.137, Subchapter J, §§4.151-4.153; Subchapter
K, §§4.161-4.166; and Subchapter L, §§4.171-4.175, without
changes, as published in the November 1, 2002, issue of the
Texas Register
(27 TexReg 10347) and will not be re-published. Chapter
4 governs the procedures of a contested case hearing relating to royalty audits.
The GLO adopts the repeal of Chapter 4, relating to General Rules of Practice
and Procedure, in order to consolidate its rules relating to contested case
hearings into one chapter, Chapter 2, relating to Rules of Practice and Procedure.
Generally, the GLO's contested case hearings are held at the State Office
of Administrative Hearings. Texas Government Code, §2001.004 requires
adoption of rules for formal proceedings. The GLO adopts the repeal of Chapter
4 as these rules are duplicative of the contested case hearing rules in the
simultaneously adopted Chapter 2, Subchapter A related to Procedures for Contested
Case Hearings. These rules contain the contested case hearing procedures that
apply to the hearings for royalty audits. Consolidating the hearing rules
into one chapter creates rules that are more logically organized and easier
to use.
Comments:
One comment was received from an individual regarding the proposed repeal
of 31 TAC Chapter 4. The person asked how §4.115, relating to Reporters
and Transcripts, dealt with court reporters and transcripts and why it is
being repealed?
Response: Section 4.115(a) provides that all contested cases were to be
recorded on audio tape or cassette or by an official or licensed court reporter.
The transcripts of the hearings are to be available upon written request by
any party and that party is responsible for the cost of the transcript. The
transcript must be purchased from the official reporter. Section 4.115(b)
governs the procedures to be used when an error is claimed in the transcript.
As explained above, 31 TAC Chapter 4 is being repealed because it is duplicative
of the rules in 31 TAC Chapter 2 proposed Subchapter A, as these rules apply
to the royalty audit hearings in Chapter 4. The rules in Chapter 2 supplement
the procedures required by the Administrative Procedures Act, Chapter 2001,
Government Code. Specifically §2001.059 provides for written transcripts
of the contested case hearings. Additionally, the rules created under this
chapter, 31 TAC Chapter 155, §155.43 provide for transcripts of the contested
case hearings. Therefore the repealed provisions in 31 TAC Chapter 4 are provided
for in the legislation and rules that govern contested case hearings applicable
to royalty audit hearings.
Subchapter A. DEFINITIONS AND GENERAL PROVISIONS
31 TAC §§4.11 - 4.16
The repeal of Chapter 4, Subchapter A relating to Definitions
and General Provisions is adopted under of the Texas Natural Resources Code §31.051(3),
that authorizes the GLO to promulgate rules for the agency that are consistent
with the law; §52.135 that allows a lessee under this statute to request
a hearing for re-determination of the audit billing notice and §52.137
that provides that a lessee may bring suit against the commissioner in Travis
County if the lessee has waived the right to request a hearing or who disagrees
with the commissioners final order following such a hearing.
Texas Natural Resource Code Chapter 52, §§52.131-52.140, is affected
by the adoption of the repeal of these sections.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on December 20, 2002.
TRD-200208488
Larry Soward
Chief Clerk
General Land Office
Effective date: January 9, 2003
Proposal publication date: November 1, 2002
For further information, please call: (512) 305-9129
31 TAC §§4.21 - 4.25
The repeal of Chapter 4, Subchapter B relating to Initiation
of General Land Office Action is adopted under of the Texas Natural Resources
Code §31.051(3), that provides the GLO with the authorization to promulgate
rules for the agency that are consistent with the law; §52.135 that allows
a lessee under this statute to request a hearing for re-determination of the
audit billing notice and §52.137 that provides that a lessee may bring
suit against the commissioner in Travis County if the lessee has waived the
right to request a hearing or who disagrees with the commissioners final order
following such a hearing.
Texas Natural Resource Code Chapter 52, §§52.131-52.140, is affected
by the adoption of the repeal of these sections.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on December 20, 2002.
TRD-200208489
Larry Soward
Chief Clerk
General Land Office
Effective date: January 9, 2003
Proposal publication date: November 1, 2002
For further information, please call: (512) 305-9129
31 TAC §§4.41 - 4.43
The repeal of Chapter 4, Subchapter C relating to Request
for Hearing and Statement of Grounds is adopted under of the Texas Natural
Resources Code §31.051(3), that authorizes the GLO to promulgate rules
for the agency that are consistent with the law; §52.135 that allows
a lessee under this statute to request a hearing for re-determination of the
audit billing notice and §52.137 that provides that a lessee may bring
suit against the commissioner in Travis County if the lessee has waived the
right to request a hearing or who disagrees with the commissioners final order
following such a hearing.
Texas Natural Resource Code Chapter 52, §§52.131-52.140, is affected
by the adoption of the repeal of these sections.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on December 20, 2002.
TRD-200208490
Larry Soward
Chief Clerk
General Land Office
Effective date: January 9, 2003
Proposal publication date: November 1, 2002
For further information, please call: (512) 305-9129
31 TAC §§4.51 - 4.55
The repeal of Chapter 4, Subchapter D relating to Parties
is adopted under of the Texas Natural Resources Code §31.051(3), that
provides the GLO with the authorization to promulgate rules for the agency
that are consistent with the law; §52.135 that allows a lessee under
this statute to request a hearing for re-determination of the audit billing
notice and §52.137 that provides that a lessee may bring suit against
the commissioner in Travis County if the lessee has waived the right to request
a hearing or who disagrees with the commissioners final order following such
a hearing.
Texas Natural Resource Code Chapter 52, §§52.131-52.140, is affected
by the adoption of the repeal of these sections.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on December 20, 2002.
TRD-200208491
Larry Soward
Chief Clerk
General Land Office
Effective date: January 9, 2003
Proposal publication date: November 1, 2002
For further information, please call: (512) 305-9129
31 TAC §§4.61 - 4.69
The repeal of Chapter 4, Subchapter E relating to Pleadings
is adopted under of the Texas Natural Resources Code §31.051(3), that
provides the GLO with the authorization to promulgate rules for the agency
that are consistent with the law; §52.135 that allows a lessee under
this statute to request a hearing for re-determination of the audit billing
notice and §52.137 that provides that a lessee may bring suit against
the commissioner in Travis County if the lessee has waived the right to request
a hearing or who disagrees with the commissioners final order following such
a hearing.
Texas Natural Resource Code Chapter 52, §§52.131-52.140, is affected
by the adoption of the repeal of these sections.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on December 20, 2002.
TRD-200208492
Larry Soward
Chief Clerk
General Land Office
Effective date: January 9, 2003
Proposal publication date: November 1, 2002
For further information, please call: (512) 305-9129
31 TAC §§4.81 - 4.83
The repeal of Chapter 4, Subchapter F relating to Docketing
and Notice is adopted under of the Texas Natural Resources Code §31.051(3),
that provides the GLO with the authorization to promulgate rules for the agency
that are consistent with the law; §52.135 that allows a lessee under
this statute to request a hearing for re-determination of the audit billing
notice and §52.137 that provides that a lessee may bring suit against
the commissioner in Travis County if the lessee has waived the right to request
a hearing or who disagrees with the commissioners final order following such
a hearing.
Texas Natural Resource Code Chapter 52, §§52.131-52.140, is affected
by the adoption of the repeal of these sections.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on December 20, 2002.
TRD-200208493
Larry Soward
Chief Clerk
General Land Office
Effective date: January 9, 2003
Proposal publication date: November 1, 2002
For further information, please call: (512) 305-9129
31 TAC §§4.91 - 4.99
The repeal of Chapter 4, Subchapter G relating to Prehearing
Proceedings is adopted under of the Texas Natural Resources Code §31.051(3),
that provides the GLO with the authorization to promulgate rules for the agency
that are consistent with the law; §52.135 that allows a lessee under
this statute to request a hearing for re-determination of the audit billing
notice and §52.137 that provides that a lessee may bring suit against
the commissioner in Travis County if the lessee has waived the right to request
a hearing or who disagrees with the commissioners final order following such
a hearing.
Texas Natural Resource Code Chapter 52, §§52.131-52.140, is affected
by the adoption of the repeal of these sections.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on December 20, 2002.
TRD-200208494
Larry Soward
Chief Clerk
General Land Office
Effective date: January 9, 2003
Proposal publication date: November 1, 2002
For further information, please call: (512) 305-9129
31 TAC §§4.111 - 4.120
The repeal of Chapter 4, Subchapter H relating to Hearings
is adopted under of the Texas Natural Resources Code §31.051(3), that
provides the GLO with the authorization to promulgate rules for the agency
that are consistent with the law; §52.135 that allows a lessee under
this statute to request a hearing for re-determination of the audit billing
notice and §52.137 that provides that a lessee may bring suit against
the commissioner in Travis County if the lessee has waived the right to request
a hearing or who disagrees with the commissioners final order following such
a hearing.
Texas Natural Resource Code Chapter 52, §§52.131-52.140, is affected
by the adoption of the repeal of these sections.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on December 20, 2002.
TRD-200208495
Larry Soward
Chief Clerk
General Land Office
Effective date: January 9, 2003
Proposal publication date: November 1, 2002
For further information, please call: (512) 305-9129
31 TAC §§4.130 - 4.137
The repeal of Chapter 4, Subchapter I relating to Evidence
is adopted under of the Texas Natural Resources Code §31.051(3), that
provides the GLO with the authorization to promulgate rules for the agency
that are consistent with the law; §52.135 that allows a lessee under
this statute to request a hearing for re-determination of the audit billing
notice and §52.137 that provides that a lessee may bring suit against
the commissioner in Travis County if the lessee has waived the right to request
a hearing or who disagrees with the commissioners final order following such
a hearing.
Texas Natural Resource Code Chapter 52, §§52.131-52.140, is affected
by the adoption of the repeal of these sections.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on December 20, 2002.
TRD-200208496
Larry Soward
Chief Clerk
General Land Office
Effective date: January 9, 2003
Proposal publication date: November 1, 2002
For further information, please call: (512) 305-9129
31 TAC §§4.151 - 4.153
The repeal of Chapter 4, Subchapter J relating to Examiner's
Proposal for Decision and Related Actions is adopted under of the Texas Natural
Resources Code §31.051(3), that provides the GLO with the authorization
to promulgate rules for the agency that are consistent with the law; §52.135
that allows a lessee under this statute to request a hearing for redetermination
of the audit billing notice and §52.137 that provides that a lessee may
bring suit against the commissioner in Travis County if the lessee has waived
the right to request a hearing or who disagrees with the commissioners final
order following such a hearing.
Texas Natural Resource Code Chapter 52, §§52.131-52.140, is affected
by the adoption of the repeal of these sections.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on December 20, 2002.
TRD-200208497
Larry Soward
Chief Clerk
General Land Office
Effective date: January 9, 2003
Proposal publication date: November 1, 2002
For further information, please call: (512) 305-9129
31 TAC §§4.161 - 4.166
The repeal of Chapter 4, Subchapter K relating to Commissioner's
Orders is adopted under of the Texas Natural Resources Code §31.051(3),
that provides the GLO with the authorization to promulgate rules for the agency
that are consistent with the law; §52.135 that allows a lessee under
this statute to request a hearing for re-determination of the audit billing
notice and §52.137 that provides that a lessee may bring suit against
the commissioner in Travis County if the lessee has waived the right to request
a hearing or who disagrees with the commissioners final order following such
a hearing.
Texas Natural Resource Code Chapter 52, §§52.131-52.140, is affected
by the adoption of the repeal of these sections.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on December 20, 2002.
TRD-200208498
Larry Soward
Chief Clerk
General Land Office
Effective date: January 9, 2003
Proposal publication date: November 1, 2002
For further information, please call: (512) 305-9129
31 TAC §§4.171 - 4.175
The repeal of Chapter 4, Subchapter L relating to Ancillary
Proceedings and Proceedings Beyond the Order is adopted under of the Texas
Natural Resources Code §31.051(3), that provides the GLO with the authorization
to promulgate rules for the agency that are consistent with the law; §52.135
that allows a lessee under this statute to request a hearing for re-determination
of the audit billing notice and §52.137 that provides that a lessee may
bring suit against the commissioner in Travis County if the lessee has waived
the right to request a hearing or who disagrees with the commissioners final
order following such a hearing.
Texas Natural Resource Code Chapter 52, §§52.131-52.140, is affected
by the adoption of the repeal of these sections.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on December 20, 2002.
TRD-200208499
Larry Soward
Chief Clerk
General Land Office
Effective date: January 9, 2003
Proposal publication date: November 1, 2002
For further information, please call: (512) 305-9129
The General Land Office (the GLO) adopts the repeal of 31 TAC Chapter
13, Subchapter C, relating to Special Board of Review Hearings, §§13.30-13.40;
the repeal of Subchapter D, relating to Administration and Management of Public
Free School Land and Coastal Public Lands, §§13.51-13.54; and the
repeal of Subchapter E, relating to Land Sales-Preferential Right to Purchase
Certain Former SuperConducting Super Collider Tracts, §§13.60-13.67,
without changes, as published in the November 1, 2002, issue of the
Texas Government Code, §2001.004, relating to Requirement to Adopt
Rules of Practice and Index Rules, Orders and Decisions, requires the GLO
to adopt rules for its hearing procedures. The GLO is consolidating its hearing
procedures into one chapter, Chapter 2, relating to Rules of Practice and
Procedure, through concurrent repeals and adoptions of several subchapters
and sections. The GLO adopts the repeal of Chapter 13, Subchapter C, relating
to Special Board of Review Hearings and is simultaneously adopting in a separate
rulemaking action, a new Chapter 2, Subchapter C, relating to Procedures for
Special Board of Review Hearings, §§2.40-2.50, to consolidate its
hearing procedures. This consolidation creates rules that are more logically
organized and easier to use.
The GLO is adopting the repeal of Chapter 13, Subchapter D, relating to
Administration and Management of Public Free School Land and Coastal Public
Lands, to consolidate hearing procedures under the simultaneously adopted
new Chapter 2, Subchapter B, relating to Procedures for Non-Contested Case
Hearings. The adopted Chapter 2, Subchapter B provides the procedures for
hearings and meetings before the School Land Board, the Boards for Lease and
the Special Board of Review that are not contested case hearings. The GLO
adopts the repeal of Chapter 13, Subchapter D, as these rules are duplicative
of the rules adopted in Chapter 2, Subchapter B. The hearing procedures in
the adopted Chapter 2, Subchapter B are applicable to the public hearings
governed by the rules currently contained in Chapter 13, Subchapter D and
these sections are no longer necessary.
The GLO is adopting the repeal of Chapter 13, Subchapter E, relating to
Land Sales-Preferential Right to Purchase Certain Former Superconducting Super
Collider Tracts in order to eliminate unnecessary rules. The GLO has completed
all of its sales of land that were previously conveyed to the state for use
as the superconducting super collider research facililty under Texas Natural
Resources Code, §31.309. These rules are no longer necessary as there
will be no other land sales governed by these rules.
No comments were received regarding the adoption of the repeals of 31 TAC
Chapter 13, §§13.30-13.40, §§13.51-13.54, §§13.60-13.67
31 TAC §§13.30 - 13.40
Subchapter C. SPECIAL BOARD OF REVIEW HEARINGS
31 TAC §§13.30 - 13.40
The repeal of Chapter 13, Subchapter C, relating to Special
Board of Review Hearings is adopted under §31.166(b) of the Texas Natural
Resources Code that authorizes the GLO to promulgate rules regarding the Special
Board of Review hearings.
Texas Natural Resources Code §§31.161-31.167 are affected by
the adopted repeal of these sections.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on December 20, 2002.
TRD-200208500
Larry Soward
Chief Clerk
General Land Office
Effective date: January 9, 2003
Proposal publication date: November 1, 2002
For further information, please call: (512) 305-9129
Subchapter E. VACANCY LISTING SERVICE
Subchapter F. PROCEDURES FOR HEARING
Chapter 2.
RULES OF PRACTICE AND PROCEDURE
Chapter 2.
RULES OF PRACTICE AND PROCEDURE
Subchapter B. PROCEDURES FOR NON-CONTESTED CASE HEARINGS
Subchapter C. PROCEDURES FOR SPECIAL BOARD OF REVIEW HEARINGS
Chapter 3.
GENERAL PROVISIONS
Chapter 4.
GENERAL RULES OF PRACTICE AND PROCEDURE
Subchapter B. INITIATION OF GENERAL LAND OFFICE ACTION
Subchapter C. REQUEST FOR HEARING AND STATEMENT OF GROUNDS
Subchapter D. PARTIES
Subchapter E. PLEADINGS
Subchapter F. DOCKETING AND NOTICE
Subchapter G. PREHEARING PROCEEDINGS
Subchapter H. HEARINGS
Subchapter I. EVIDENCE
Subchapter J. EXAMINER'S PROPOSALS FOR DECISION AND RELATED ACTIONS
Subchapter K. COMMISSIONER'S ORDERS
Subchapter L. ANCILLARY PROCEEDINGS AND PROCEEDINGS BEYOND THE ORDER
Chapter 13.
LAND RESOURCES
Subchapter D. ADMINISTRATION AND MANAGEMENT OF PUBLIC FREE SCHOOL LANDS AND COASTAL PUBLIC LANDS