TITLE 31.NATURAL RESOURCES AND CONSERVATION

Part 17. TEXAS STATE SOIL AND WATER CONSERVATION BOARD

Chapter 517. FINANCIAL ASSISTANCE

Subchapter B. COST-SHARE ASSISTANCE FOR BRUSH CONTROL

31 TAC §§517.23 - 517.31, 517.33, 517.34, 517.36, 517.37

The Texas State Soil and Water Conservation Board (State Board) adopts amendments to 31 TAC §§517.23 concerning definitions of the Brush Control Program, §517.24 concerning the State Brush Control Plan, §517.25 concerning evaluating brush control areas, §517.26 concerning administration of funds, §517.27 concerning approval of brush control methods, §517.28 concerning powers and duties of soil and water conservation districts, §517.29 concerning cost-share for brush control, §517.30 concerning eligibility for cost-share assistance, §517.31 concerning responsibility of applicants, §517.33 concerning contracts for cost-share, §517.34, concerning payment to recipients, §517.36 concerning reporting and accounting, and §517.37, concerning consultation with other agencies, without changes to the proposed text as published in the December 26, 2003, issue of the Texas Register (28 TexReg 11500 and 11505). The text of the rules will not be republished.

These amendments to the brush control program accommodate amendments to Chapter 203, Agriculture Code, made by the 78th Texas Legislature, Regular Session pursuant to Senate Bill 1828.

No comments were received regarding the adoption of these amendments.

The amendments are adopted under authority of the Agriculture Code, Title 7, Chapter 203, §203.012, which authorizes the Texas State Soil and Water Conservation Board to adopt rules that are necessary to carry out the brush control program and §203.011, which provides authorization for the State Board to administer the brush control program.

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 March 1, 2004.

TRD-200401659

Mel Davis

Special Projects Coordinator

Texas State Soil and Water Conservation Board

Effective date: March 21, 2004

Proposal publication date: December 26, 2003

For further information, please call: (254) 773-2250


Chapter 519. TECHNICAL ASSISTANCE

Subchapter A. TECHNICAL ASSISTANCE PROGRAM

31 TAC §519.9, §519.10

The Texas State Soil and Water Conservation Board (State Board) adopts amendments to 31 TAC §519.9 and §519.10, concerning implementing changes mandated by the Legislature, without changes to the proposed text as published in the December 26, 2003, issue of the Texas Register (28 TexReg 11506). The changes to §519.9 and §519.10 are made to comply with Rider 4 of the State Board's 2004-2005 Appropriation passed by the 78th Legislature which states: It is the intent of the Legislature that an allocation of 25% of technical assistance grant funds shall be made at the beginning of each fiscal year of the 2004-05 biennium. The remaining balance of grant funds shall be disbursed on a reimbursement basis during the fiscal year when expenditures are incurred. Grant distributions are made contingent upon districts filing annual technical assistance expenditure summary reports with the Soil and Water Conservation Board. Section 519.9(a) and (b)(1)-(3) are changed to outline the new disbursement processes for technical assistance grant funds. Section 519.10(a) is changed to establish annual reporting requirements for technical assistance grant funds. The text of the rule will not be republished.

No comments were received regarding adoption of these sections.

The new sections are adopted under Chapter 201.020 Agriculture Code, which provides the Texas State Soil and Water Conservation Board with the authority to adopt rules as necessary for the performance of its functions under this Chapter.

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 February 26, 2004.

TRD-200401464

Mel Davis

Special Projects Coordinator

Texas State Soil and Water Conservation Board

Effective date: March 17, 2004

Proposal publication date: December 26, 2003

For further information, please call: (254) 773-2250


Chapter 521. AGRICULTURAL WATER CONSERVATION

Subchapter A. TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES

31 TAC §521.10, §521.11

The Texas State Soil and Water Conservation Board (State Board) adopts amendments to 31 TAC §521.10 and §521.11, concerning implementing changes mandated by the Legislature, without changes to the proposed text as published in the December 26, 2003, issue of the Texas Register (28 TexReg 11507). The changes to §521.10 and §521.11 are made to comply with Rider 4 of the State Board's 2004-2005 Appropriation passed by the 78th Legislature which states: It is the intent of the Legislature that an allocation of 25% of funds appropriated from the Agricultural Soil and Water Conservation Account No. 563 shall be made at the beginning of each fiscal year of the 2004-05 biennium. The remaining balance of grant funds shall be disbursed on a reimbursement basis during the fiscal year when expenditures are incurred. Grant distributions are made contingent upon districts filing annual technical assistance expenditure summary reports with the Soil and Water Conservation Board. Section 521.10(a) and (b)(1)-(3) are changed to outline the disbursement processes for funds appropriated from Agricultural Soil and Water Conservation Account No. 563. Section 521.11(a) is changed to establish reporting requirements for Agricultural Soil and Water Conservation Account No. 563 funds. The text of the rule will not be republished.

No comments were received regarding adoption of these sections.

The new sections are adopted under Chapter 201.020 Agriculture Code, which provides the Texas State Soil and Water Conservation Board with the authority to adopt rules as necessary for the performance of its functions under this Chapter.

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 February 26, 2004.

TRD-200401463

Mel Davis

Special Projects Coordinator

Texas State Soil and Water Conservation Board

Effective date: March 17, 2004

Proposal publication date: December 26, 2003

For further information, please call: (254) 773-2250


Chapter 523. AGRICULTURAL AND SILIVICULTURAL WATER QUALITY MANAGEMENT

31 TAC §§523.1, 523.3 - 523.5, 523.7

The Texas State Soil and Water Conservation Board (State Board) adopts amendments to 31 TAC §§523.1, concerning scope and jurisdiction of the water quality program, §523.3, concerning water quality management plans, §523.4, concerning resolution of complaints, §523.5, concerning a memorandum of understanding between the State Board and the Texas Commission on Environmental Quality, and §523.7, concerning incentives for composting animal manure, without changes to the proposed text as published in the December 26, 2003, issue of the Texas Register (28 TexReg 11508). The text of the rules will not be republished.

These amendments to the water quality management program accommodate the official name change of the Texas Natural Resources Conservation Commission to the Texas Commission on Environmental Quality and delete an expired Memorandum of Agreement between the State Board and the Texas Natural Resource Conservation Commission and refer to an existing Memorandum of Understanding at 30 TAC §7.102.

No comments were received regarding the adoption of these amendments.

The amendments are adopted under the Agriculture Code Title 7, Chapter 201. Section 201.020 of that code authorizes the State Board to adopt rules that are necessary for the performance of its functions under this chapter and §201.026 provides authorization for the State Board to administer a water quality management plan program.

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 March 1, 2004.

TRD-200401658

Mel Davis

Special Projects Coordinator

Texas State Soil and Water Conservation Board

Effective date: March 21, 2004

Proposal publication date: December 26, 2003

For further information, please call: (254) 773-2250