Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 65.
WILDLIFE
Subchapter T. SCIENTIFIC BREEDER'S PERMITS
31 TAC §65.602, §65.603
The Texas Parks and Wildlife Commission adopts amendments
to §65.602 and §65.603, concerning Scientific Breeder's Permits,
without changes to the proposed text as published in the February 21, 2003,
issue of the
Texas Register
(28 TexReg 1608).
The amendment to §65.602, concerning Permit Requirement and Permit
Privileges, is necessary to provide a minimum assurance that deer released
to the wild from scientific breeder facilities are free of chronic wasting
disease. By limiting such releases to herds covered by a valid herd health
plan approved by the Texas Animal Health Commission (TAHC), or to deer meeting
the entry requirements of the TAHC, the department believes it has adequately
addressed the concern that unrestricted releases represent a potential disease
vector to wild populations.
The amendment to §65.603, concerning Application and Permit Issuance,
is necessary to enable wardens and biologists to accurately track the numbers
and location of white-tailed deer in or originating from scientific breeder
facilities. By requiring an accurate, current graphical representation of
the physical layout of a facility, the department believes that its ability
to obtain accurate verification of inventory is enhanced and expedited.
The amendment to §65.603, concerning Application and Permit Issuance
will function by prohibiting the release of scientific breeder deer to the
wild unless the deer are released directly from a herd covered by a current,
valid herd health plan approved by Texas Animal Health Commission (TAHC) or
the deer meet the interstate entry requirements for deer established by TAHC.
The amendment to §65.602 will function by requiring permittees who
enlarge existing pens or add new pens to a facility to submit a diagram of
the additions or enlargements prior to placing deer in them.
The department received one comment in support of adoption of the proposed
rules. The Texas Deer Association commented in support of adoption of the
proposed rules.
The amendments are adopted under Parks and Wildlife Code, Chapter
43, Subchapter L, which authorizes the Parks and Wildlife Commission to establish
regulations governing the possession of white-tailed and mule deer for scientific,
management, and propagation purposes.
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 April 17, 2003.
TRD-200302523
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: May 7, 2003
Proposal publication date: February 21, 2003
For further information, please call: (512) 389-4775
Chapter 363.
FINANCIAL ASSISTANCE PROGRAMS
The Texas Water Development Board (board) adopts amendments to 31
TAC §§363.11, 363.33, 363.42, 363.931 and 363.1017, concerning Financial
Assistance Programs and the assignment of specific duties to the development
fund manager without changes to the proposed amendments as published in the
March 7, 2003, issue of the
Texas Register
(28
TexReg 2034) and will not be republished. References in §§363.11,
363.33, 363.42, 363.931, and 363.1017 to the "development fund manager" have
been changed to "executive administrator" to accurately reflect the assignment
of certain responsibilities as a result of a recent reorganization of Board
offices.
The amendment to §363.11 will designate the executive administrator,
not the development fund manager, as the appropriate contact for scheduling
a pre-application conference. Amendments to §363.33 are adopted to give
the executive administrator the responsibility to set interest rates for loans
and purchase of Board interest in state participation projects. Amendments
to §363.42 and §363.931 are adopted to designate the executive administrator
to accept escrow account statements related to a bond resolution or ordinance.
Amendment to §363.1017 will give the executive administrator the authority
to consent to the annual payment of administrative cost recovery fees for
the State Participation Program. These tasks are more appropriately vested
with the executive administrator as the head of the agency and may be delegated
at his discretion.
No comments were received on the proposed amendments.
Subchapter A. GENERAL PROVISIONS
2.
GENERAL APPLICATION PROCEDURES
31 TAC §363.11
Statutory authority: Water Code, §6.101 and §15.909.
Cross reference to statute: Water Code, Chapter 15, Subchapter 0; Chapter
16, Subchapters E and F; and Chapter 17, Subchapters D, E, and F.
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 April 16, 2003.
TRD-200302495
Suzanne Schwartz
General Counsel
Texas Water Development Board
Effective date: May 6, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 463-7981
31 TAC §363.33
Statutory authority: Water Code, §6.101 and §15.909.
Cross reference to statute: Water Code, Chapter 15, Subchapter 0; Chapter
16, Subchapters E and F; and Chapter 17, Subchapters D, E, and F.
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 April 16, 2003.
TRD-200302496
Suzanne Schwartz
General Counsel
Texas Water Development Board
Effective date: May 6, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 463-7981
31 TAC §363.42
Statutory authority: Water Code, §6.101 and §15.909.
Cross reference to statute: Water Code, Chapter 15, Subchapter 0; Chapter
16, Subchapters E and F; and Chapter 17, Subchapters D, E, and F.
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 April 16, 2003.
TRD-200302497
Suzanne Schwartz
General Counsel
Texas Water Development Board
Effective date: May 6, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 463-7981
3.
CLOSING AND RELEASE OF FUNDS
31 TAC §363.931
Statutory authority: Water Code, §6.101 and §15.909.
Cross reference to statute: Water Code, Chapter 15, Subchapter 0; Chapter
16, Subchapters E and F; and Chapter 17, Subchapters D, E, and F.
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 April 16, 2003.
TRD-200302498
Suzanne Schwartz
General Counsel
Texas Water Development Board
Effective date: May 6, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 463-7981
31 TAC §363.1017
Statutory authority: Water Code, §6.101 and §15.909.
Cross reference to statute: Water Code, Chapter 15, Subchapter 0; Chapter
16, Subchapters E and F; and Chapter 17, Subchapters D, E, and F.
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 April 16, 2003.
TRD-200302499
Suzanne Schwartz
General Counsel
Texas Water Development Board
Effective date: May 6, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 463-7981
Subchapter B. AGRICULTURAL WATER CONSERVATION LOAN PROGRAM
31 TAC §367.44, §367.45
The Texas Water Development Board (the board) adopts amendments
to §367.44 and §367.45, concerning the Agricultural Water Conservation
Program and the assignment of specific duties to the development fund manager
without changes to the proposed amendments as published in the March 7, 2003
issue of the
Texas Register
(28 TexReg 2039)
and will not be republished. References in §367.44 and §367.45 to
the "development fund manager" have been changed to "executive administrator"
to accurately reflect the assignment of certain responsibilities as a result
of a recent reorganization of Board offices.
Amendments to §367.44 are adopted to give the executive administrator
the responsibility to set and extend interest rates for loans from the ag
trust fund. Amendment to §367.45 is adopted to designate the executive
administrator as the source for guidelines with which applications for agricultural
loans must be consistent. These tasks are more appropriately vested with the
executive administrator as the head of the agency and may be delegated at
his discretion.
No comments were received on the proposed amendments.
Statutory authority: Water Code §6.101 and §17.903.
Cross Reference to Statute: Chapter 17, Subchapter J.
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 April 16, 2003.
TRD-200302500
Suzanne Schwartz
General Counsel
Texas Water Development Board
Effective date: May 6, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 463-7981
The Texas Water Development Board (the board) adopts amendments to
31 TAC §371.52 and §371.71 concerning the Drinking Water State Revolving
Fund program and the assignment of specific duties to the development fund
manager without changes to the proposed amendments as published in the March
7, 2003 issue of the
Texas Register
(28 TexReg
2040) and will not be republished. References in §371.52 and §371.71
to the "development fund manager" have been changed to "executive administrator"
to accurately reflect the assignment of certain responsibilities as a result
of a recent reorganization of Board offices.
Amendments to §371.52 are adopted to give the executive administrator
the responsibility to set and extend interest rates for loans from the Drinking
Water State Revolving Fund. Amendment to §371.71 is adopted to designate
the executive administrator to accept escrow account statements related to
a bond resolution or ordinance. These tasks are more appropriately vested
with the executive administrator as the head of the agency and may be delegated
at his discretion.
No comments were received on the proposed amendments.
Subchapter D. BOARD ACTION ON APPLICATION
31 TAC §371.52
Statutory authority: Water Code, §6.101 and §15.605.
Cross reference to statute: Water Code, Chapter 15, Subchapter J.
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 April 16, 2003.
TRD-200302501
Suzanne Schwartz
General Counsel
Texas Water Development Board
Effective date: May 6, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 463-7981
31 TAC §371.71
Statutory authority: Water Code, §6.101 and §15.605.
Cross reference to statute: Water Code, Chapter 15, Subchapter J.
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 April 16, 2003.
TRD-200302502
Suzanne Schwartz
General Counsel
Texas Water Development Board
Effective date: May 6, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 463-7981
The Texas Water Development Board (the board) adopts amendment to
31 TAC §§375.52, 375.71, and 375.222 concerning the Clean Water
State Revolving Fund and the assignment of specific duties to the development
fund manager without changes to the proposed amendments as published in the
March 7, 2003 issue of the
Texas Register
(28
TexReg 2041) and will not be republished. References in §§375.52,
375.71, and 375.222 to the "development fund manager" have been changed to
"executive administrator" to accurately reflect the assignment of certain
responsibilities as a result of a recent reorganization of Board offices.
Amendments to §375.52 and §375.222 are adopted to give the executive
administrator the responsibility to set interest rates for loans from the
Board's Clean Water State Revolving Fund. The amendment to §375.71 will
designate the executive administrator to accept escrow account statements
related to a bond resolution or ordinance. These tasks are more appropriately
vested with the executive administrator as the head of the agency and may
be delegated at his discretion.
No comments were received on the proposed amendments.
Subchapter A. GENERAL PROVISIONS
4.
BOARD ACTION ON APPLICATIONS
31 TAC §375.52
Statutory authority: Water Code, §6.101 and §15.605.
Cross reference to statute: Water Code, Chapter 15, Subchapter J and Chapter
17, Subchapters C, E, and F.
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 April 16, 2003.
TRD-200302503
Suzanne Schwartz
General Counsel
Texas Water Development Board
Effective date: May 6, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 463-7981
31 TAC §375.71
Statutory authority: Water Code, §6.101 and §15.605.
Cross reference to statute: Water Code, Chapter 15, Subchapter J and Chapter
17, Subchapters C, E, and F.
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 April 16, 2003.
TRD-200302504
Suzanne Schwartz
General Counsel
Texas Water Development Board
Effective date: May 6, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 463-7981
3.
PREREQUISITES TO RELEASE OF FUNDS
31 TAC §375.222
Statutory authority: Water Code, §6.101 and §15.605.
Cross reference to statute: Water Code, Chapter 15, Subchapter J and Chapter
17, Subchapters C, E, and F.
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 April 16, 2003.
TRD-200302505
Suzanne Schwartz
General Counsel
Texas Water Development Board
Effective date: May 6, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 463-7981
Subchapter A. INTRODUCTORY PROVISIONS
31 TAC §382.5
The Texas Water Development Board (Board) adopts amendments
to 31 TAC §382.5 concerning the Water Infrastructure Fund and the assignment
of specific duties to the development fund manager without changes to the
proposed amendments as published in the March 7, 2003 issue of the
Texas Register
(28 TexReg 2043) and will not be republished. References
in §382.5 to the "development fund manager" have been changed to "executive
administrator" to accurately reflect the assignment of certain responsibilities
as a result of a recent reorganization of Board offices.
Amendments to §382.5 are adopted to give the executive administrator
the responsibility to set interest rates for loans from the Water Infrastructure
Fund. These tasks are more appropriately vested with the executive administrator
as the head of the agency and may be delegated at his discretion.
No comments were received on the proposed amendments.
Statutory authority: Water Code, §6.101 and §15.907.
Cross reference to statute: Water Code, Chapter 15, Subchapter O.
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 April 16, 2003.
TRD-200302506
Suzanne Schwartz
General Counsel
Texas Water Development Board
Effective date: May 6, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 463-7981
Subchapter A. INTRODUCTORY PROVISIONS
Part 10.
TEXAS WATER DEVELOPMENT BOARD
3.
FORMAL ACTION BY THE BOARD
4.
PREREQUISITES TO RELEASE OF STATE FUNDS
Subchapter I. PILOT PROGRAM FOR WATER AND WASTEWATER LOANS TO RURAL COMMUNITIES
Subchapter J. STATE PARTICIPATION PROGRAM
Chapter 367.
AGRICULTURAL WATER CONSERVATION PROGRAM
Chapter 371.
DRINKING WATER STATE REVOLVING FUND
Subchapter F. PREREQUISITES TO RELEASE OF FUNDS
Chapter 375.
CLEAN WATER STATE REVOLVING FUND
6.
PREREQUISITES TO RELEASE OF FUNDS
Subchapter B. PROVISIONS RELATING TO USE OF CAPITALIZATION GRANT FUNDS
Chapter 382.
WATER INFRASTRUCTURE FUND
Chapter 384.
RURAL WATER ASSISTANCE FUND