TITLE 16.ECONOMIC REGULATION

Part 2. PUBLIC UTILITY COMMISSION OF TEXAS

Chapter 21. INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS

Subchapter B. PLEADINGS, DOCUMENTS, AND OTHER MATERIALS

16 TAC §21.31

The Public Utility Commission of Texas (commission) proposes an amendment to §21.31(f), relating to Office Hours of the Commission Filing Clerk, to match the changes being proposed to §22.71(g) in Project Number 29588. The proposed amendment adds a provision explaining the revised operating hours of the commission's central records division and commission filing clerk. Project Number 29717 is assigned to this proceeding.

Ms. Diane Parker, Arbitration Projects Coordinator, Policy Development Division, has determined that for each year of the first five-year period the proposed section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Ms. Parker has determined that for each year of the first five years the proposed section is in effect the public benefit anticipated as a result of enforcing the section will be informing the public of the operating hours of the commission's central records division and commission filing clerk and maintaining consistency within the commission's rules. There will be no adverse economic effect on small businesses or micro-businesses as a result of enforcing this section. There is no anticipated economic cost to persons who are required to comply with the section as proposed.

Ms. Parker has also determined that for each year of the first five years the proposed section is in effect there should be no effect on a local economy, and therefore no local employment impact statement is required under Administrative Procedure Act (APA), Texas Government Code §2001.022.

The commission staff will conduct a public hearing on this rulemaking, if requested pursuant to the Administrative Procedure Act, Texas Government Code §2001.029, at the commission's offices located in the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701 on Wednesday, July 7, 2004 at 9:30 a.m. The request for a public hearing must be received within 20 days after publication.

Comments on the proposed amendment (16 copies) may be submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, within 20 days after publication. Comments should be organized in a manner consistent with the organization of the proposed rule(s). All comments should refer to Project Number 29717.

This amendment is proposed under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon 1998, Supplement 2004) (PURA), which provides the Public Utility Commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction, including rules of practice and procedure.

Cross Reference to Statutes: Public Utility Regulatory Act §14.002 and §14.052.

§21.31.Filing of Pleadings, Documents, and Other Materials.

(a) - (e) (No change.)

(f) Office hours of the commission filing clerk. With the exception of open meeting days, for the purpose of filing documents, the office hours of the commission filing clerk are from 9:00 a.m. to 5:00 p.m., Monday through Friday, on working days.

(1) The office hours of Central Records are from 9:00 a.m. to 5:00 p.m., Monday through Friday, on working days, except on Fridays, when Central Records will close for all purposes from noon to 1:00 p.m.

(2) [ (1) ] Central Records will open at 8:00 a.m. on open meeting days. With the exception of paragraph (3) [ (2) ] of this subsection, no filings will be accepted between the hours of 8:00 a.m. and 9:00 a.m.

(3) [ (2) ] On open meeting days, between the hours of 8:00 a.m. and 9:00 a.m., the Commissioners and the Policy Development Division may file items related to the open meeting on behalf of the Commissioners.

(A) The Commissioners and the Policy Development Division shall provide the filing clerk with an extra copy of all documents filed pursuant to this paragraph for public access.

(B) The Policy Development Division shall provide the parties of record copies of documents filed under this paragraph as soon as possible after filing. To the extent practicable, the existence of documents filed under this paragraph shall be announced prior to the discussion on the noticed item at the open meeting. In addition to providing copies via mail or facsimile, staff may transmit the documents to the parties of record by electronic transmission or via hand-delivery at the open meeting.

(g) - (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 May 28, 2004.

TRD-200403600

Adriana Gonzales

Rules Coordinator

Public Utility Commission of Texas

Earliest possible date of adoption: July 11, 2004

For further information, please call: (512) 936-7223


Part 9. TEXAS LOTTERY COMMISSION

Chapter 402. BINGO REGULATION AND TAX

16 TAC §402.580

The Texas Lottery Commission proposes an amendment to 16 TAC §402.580, relating to bingo reports. Specifically, the proposed amendment would conform the time deadline in subsections (c)(1) and (d)(1) with the time deadline contained in Occupations Code §2001.504 that was amended by the 78th Legislature, 2003.

Lee Deviney, Financial Administration Director, has determined for the first five year period the amendment is in effect, there will be no significant fiscal impact for state or local government as a result of enforcing the amended section. Any costs to the State could be absorbed by current resources. For each year of the first five years the section will be in effect, the fiscal impact is the following: FY 04, $0; FY 05, $0, FY 06, $0; FY 07, $0; FY 08, $0. Additionally, there will be no effect on individuals, small businesses, micro-businesses or local or state employment.

William L. Atkins, Director, Charitable Bingo Operations Division, has determined that for each of the first five years the amendment as proposed is in effect, licensees will benefit from the adoption of the amended section. The anticipated benefit as a result of the proposed amendment is conformity of the section with Occupations Code, §2001.504 to eliminate the possibility of any confusion about the due date for filing a quarterly report.

Written comments on the proposed amendment may be submitted to Sandra Joseph, Assistant General Counsel, Texas Lottery Commission, P.O. Box 16630, Austin, Texas 78761-6630.

The amendment is proposed under Occupations Code, §2001.054 which authorizes the Commission to adopt rules to enforce and administer the Bingo Enabling Act, under Government Code, §467.102 which authorizes the Commission to adopt rules for the enforcement and administration of the laws under the Commission's jurisdiction, under Occupations Code, §2001.051(b) which grants the Commission broad authority to exercise strict control and close supervision over all bingo conducted in Texas so that bingo is fairly conducted and the proceeds derived from bingo are used for an authorized purpose, and under Occupations Code, §2001.504 which provides for the reporting and payment of bingo taxes and fees.

The proposed amendment implements Occupations Code, §2001.504.

§402.580.Bingo Reports.

(a) - (b) (No change.)

(c) Quarterly Report for information relating to the conduct of bingo games.

(1) An authorized organization holding an annual license, temporary license, or a temporary authorization to conduct bingo must file on a form prescribed by the commission or in an electronic format prescribed by the commission a quarterly report for financial and statistical information relating to the conduct of bingo games. The report must be filed with the commission on or before the 25th [ 15th ] day of the month following the end of the calendar quarter even if there were no games conducted during that quarter.

(2) (No change.)

(d) Quarterly report for information relating to the lease of bingo premises.

(1) A commercial lessor holding a license to lease bingo premises must file on a form prescribed by the commission or in an electronic format prescribed by the commission a quarterly report stating the rental income received. The report must be filed with the commission on or before the 25th [ 15th ] day of the month following the end of the calendar quarter regardless of whether income was received.

(2) (No change.)

(e) - (m) (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 27, 2004.

TRD-200403586

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Earliest possible date of adoption: July 11, 2004

For further information, please call: (512) 344-5113