31 TAC §3.31
The Texas General Land Office proposes an amendment to Title
31, Part 1, Chapter 3, Subchapter C of the Texas Administrative Code, §3.31(b)(16)(A)
relating to fees for services and products. The amendment provides the Commissioner
the discretion to waive the currently required in-kind contract maintenance
fees. The Texas General Land Office will develop guidelines based on economies
of scale to determine whether the fees shall be imposed.
The change will increase the flexibility of the Texas General Land Office
to supply natural gas to its customers.
Marshall Enquist, Attorney with the Energy Section, has determined that
for each of the first five years that the amendment as proposed will be in
effect, there will be no significant negative fiscal impact to state or local
government as a result of administering the section as amended.
Marshall Enquist, Attorney with the Energy Section, has determined that
there will be a slight public benefit due to potential savings as a consequence
of reduced service charges for sales of natural gas by the State. There will
not be an effect on small or micro businesses. There is no anticipated economic
cost to persons who are required to comply with the amendment as proposed.
Marshall Enquist, Attorney with the Energy Section, has determined that
for each of the first five years that the amendment as proposed will be in
effect, there will be no impact on local employment.
Comments may be submitted to Deborah Cantu, Legal Services, Texas General
Land Office, 1700 N. Congress Avenue, Austin, Texas 78711 or by fax at (512)
463-6311, no later than 30 days after publication.
The amendment to this section is proposed under Texas Natural
Resources Code §31.051, which authorizes the Texas General Land Office
to make and enforce suitable rules consistent with the law.
The proposed amendment affects Sections 35.101 through 35.106 of the Utilities
Code.
§3.31.Fees.
(a)
(No change.)
(b)
General Land Office fees. The commissioner is authorized
and required to collect the following fees where applicable.
(1) - (15)
(No change.)
(16)
Miscellaneous services and fees:
(A)
In-kind contract maintenance fee. Processing and accounting
for in-kind oil, gas, and other related product contracts, from purchaser
of state-owned products
unless deemed unnecessary by the Commissioner
: per barrel delivered: $.05; per MMBTU delivered: $.03.
(B) - (H)
(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 June 28, 2004.
TRD-200404271
Trace Finley
Policy Director
General Land Office
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 305-8598