Part 1.
RAILROAD COMMISSION OF TEXAS
Chapter 12.
COAL MINING REGULATIONS
Subchapter G. SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS
2.
GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS
16 TAC §12.108
The Railroad Commission of Texas proposes to amend §12.108,
relating to Permit Fees. This section addresses fees to be paid to the Commission
for the processing of applications for new coal mining permits, permit revisions,
and permit renewals, as well as annual fees paid for each acre of land mined.
The Commission proposes to amend subsection (b) to increase the annual
per-acre fee to facilitate recovery of additional indirect costs to the Commission
of providing various services. Specifically, the proposed amendment increases
the annual fee from $300 to $390 for each acre of land in the permit area
on which the permittee actually conducted operations for the removal of coal
and lignite during a calendar year.
As proposed, the new fee amount would go into effect on September 1, 2004.
The per-acre fee for calendar year 2004 would be calculated as follows: for
each acre of land on which a permittee actually conducted operations for the
removal of coal and lignite during the period January 1, 2004, through August
31, 2004, each permittee would pay to the Commission an annual fee of $300
per acre. For each acre of land on which a permittee actually conducted operations
for the removal of coal and lignite during the period September 1, 2004, through
December 31, 2004, each permittee would pay to the Commission an annual fee
of $390 per acre. Beginning January 1, 2005, the annual $390 per acre fee
would apply for each acre of land within the permit area on which a permittee
actually conducted operations for the removal of coal and lignite during the
calendar year.
Melvin Hodgkiss, Director, Surface Mining and Reclamation Division, has
determined that, during each year of the first five years the proposed amendment
is in effect, there will be an increase in revenue to the state. Based on
the proposed annual fee increase beginning September 1, 2004, the annual revenue
for calendar year 2004 would increase by approximately $87,000. This estimated
increase is based on an average of 2,900 acres mined annually in the State.
Beginning January 1, 2005, the annual $390 per acre fee would apply for each
acre of land within the permit area on which a permittee actually conducted
operations for the removal of coal and lignite during the calendar year. For
fiscal year 2005 (which begins on September 1, 2004), and for the remaining
four years of the first five years the proposed amendment would be in effect,
the annual increase in revenue would be $261,000 per fiscal year, based on
the $90 per acre increase applied to the average of 2,900 acres mined annually
in the State. The increased revenue will be used to pay for the Commission's
administration of the State's surface mining program, so the net fiscal impact
to the State is zero. There are no fiscal impacts on local governments.
Mr. Hodgkiss has also determined that the public benefit from adoption
of the proposed amendment will be sufficient revenue to the State to enable
the Commission to continue administering the State's surface mining program.
Through the Commission, the Texas mining program administers federal and state
statutes and rules that assure continued adherence to environmental protection;
protection of the rights of surface land owners from unregulated surface coal
mining; and conduct of surface coal mining and reclamation operations in a
manner that will prevent unreasonable degradation of land and water resources.
Mr. Hodgkiss has also determined that, during each year of the first five
years the proposed amendment is in effect, the annual increased economic cost
to operators required to comply with this rule is an additional $90 per acre
of land where coal or lignite is removed. The actual economic cost will vary
among operators according to the number of acres from which a particular operator
removes coal or lignite. In accordance with Texas Government Code, §2006.002,
Mr. Hodgkiss has determined that there will be no adverse economic effects
on small businesses or micro-businesses as a result of the proposed amendment
because there are no small businesses or micro-businesses, as those terms
are defined in Texas Government Code, §2006.001, holding permits from
the Commission.
The Commission has not requested a local employment impact statement pursuant
to Texas Government Code, §2002.022.
Comments on the proposed amendment should be submitted to Rules Coordinator,
Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin,
Texas 78711-2967; online at http://www.rrc.state.tx.us/rules/commentform.html;
or by electronic mail to rulescoordinator@rrc.state.tx.us and should refer
to SMRD Docket No. 1-04. Comments will be accepted for 60 days after publication
in the
Texas Register
. The Commission encourages
all interested persons to submit comments no later than the deadline. The
Commission cannot guarantee that comments submitted after the deadline will
be considered. For further information, call Melvin Hodgkiss, Director, Surface
Mining and Reclamation Division, at (512) 463-6901. The status of Commission
rulemakings in progress is available at http://www.rrc.state.tx.us/rules/proposed.html.
The Commission proposes the amendment under Texas Natural Resources
Code, §134.013, which authorizes the Commission to promulgate rules pertaining
to surface coal mining operations, and §134.055, which authorizes the
Commission to obtain annual fees.
Statutory authority: Texas Natural Resources Code, §134.013 and §134.055.
Cross-reference to statute: Texas Natural Resources Code, §134.013
and §134.055.
Issued in Austin, Texas on May 11, 2004.
§12.108.Permit Fees.
(a)
Each application for a surface coal mining and reclamation
permit or renewal or revision of a permit shall be accompanied by a fee. The
initial application fee and the application fee for renewal of a permit may
be paid in equal annual installments during the term of the permit. The fee
schedule is as follows:
(1)
application for a permit
:
$5,000.
(2)
application for revision of a permit
:
$500.
(3)
application for renewal of a permit
:
$3,000.
(b)
In addition to application fees required by this section,
each permittee shall pay to the Commission an annual fee in the amount of
$390
[
(c)
Fees paid to the Commission under this section shall be
deposited in the state treasury and credited to the general revenue fund.
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 11, 2004.
TRD-200403186
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Earliest possible date of adoption: June 27, 2004
For further information, please call: (512) 475-1295
Chapter 22.
PROCEDURAL RULES
Subchapter B. THE ORGANIZATION OF THE COMMISSION
16 TAC §22.22
The Public Utility Commission of Texas (commission) proposes
an amendment to §22.22, relating to Service on the Commission. The proposed
amendment changes the recipient of service of all papers or other legal documents
served on the commission or any of its members in their official capacity
from the General Counsel to Executive Director. Project Number 29587 is assigned
to this proceeding.
Ms. Annette Lown Mass, Attorney, Legal & Enforcement 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. Mass 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 ensuring that the public and interested persons
will be made aware of the authorized representative receiving service of all
papers or legal documents served on the commission. 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. Mass 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 30 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 30 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 29587.
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.
§22.22.Service on the Commission.
(a)
The commission's
Executive Director
[
(1)
Preferred method of service. Delivery to the
Executive
Director
[
(2)
Alternative method of service. Mailing to the
Executive
Director
[
(b)
For appeals filed pursuant to the Public Utility Regulatory
Act §39.001(f), parties shall provide a courtesy copy of the appeal to
the commission's
Executive Director
[
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 17, 2004.
TRD-200403308
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: June 27, 2004
For further information, please call: (512) 936-7211
16 TAC §22.71
The Public Utility Commission of Texas (commission) proposes
an amendment to §22.71(g), relating to Office Hours of the Commission
Filing Clerk. The proposed amendment adds a provision explaining the operating
hours of the commission's central records division and commission filing clerk.
Project Number 29588 is assigned to this proceeding.
Ms. Annette Lown Mass, Attorney, Legal & Enforcement 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. Mass 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.
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. Mass 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 30 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 30 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 29588.
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.
§22.71.Filing of Pleadings, Documents and Other Materials.
(a) - (f)
(No change.)
(g)
Office hours of
Central Records and
the commission
filing clerk.
(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)
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.
(3)
[
(4)
[
(h) - (j)
(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 17, 2004.
TRD-200403309
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: June 27, 2004
For further information, please call: (512) 936-7211
Chapter 37.
LEGAL
Subchapter A. RULES OF PRACTICE
16 TAC §37.3
The Texas Alcoholic Beverage Commission proposes new §37.3
governing the service of pleadings in contested administrative cases. State
Office of Administrative Hearing rule 1 Tex. Admin. C. §155.55(d) requires
the agency to have a specific statute or rule authorizing service of hearing
notices and other matters on a respondent's last known address. The proposed
rule would allow service on license, permit and certificate holders in this
way. The rule also imposes a requirement on license, permit and certificate
holders to inform the commission of address changes within seven days.
Lou Bright, General Counsel, has determined that for the first five years
the rule is in effect, there will be no fiscal implications for units of state
or local government as a result of enforcing the rule. Mr. Bright has determined
that the public will benefit by this rule in that it establishes an efficient
and reliable method of providing service and notice in contested case hearings,
thereby, allowing those hearings to be resolved expeditiously. There is no
anticipated fiscal impact on small businesses or individuals as a result of
this rule.
Comments may be addressed to Lou Bright, General Counsel, Texas Alcoholic
Beverage Commission, P. O. Box 13127, Austin, Texas 78711
This new rule is proposed under the authority of §5.31 of
the Texas Alcoholic Beverage Code, which authorizes the commission prescribe
and publish rules necessary to carry out the provisions of the Alcoholic Beverage
Code.
Cross Reference: Section 11.63 of the Alcoholic Beverage Code is affected
by this rule.
§37.3.Service of Pleadings and Notice of Hearing.
(a)
This rule relates to §11.63 of the Alcoholic Beverage
Code.
(b)
Service of notices of hearing, pleadings, or other documents
related to contested cases shall be by certified mail addressed to the licensee/permittee/certificate
holders' last known address as reflected in the commission's records. A certificate
of service to such address shall be prima facie evidence of adequate service
on the licensee/permittee/certificate holder.
(c)
Licensee/permittee/certificate holders and applicants for
licenses, permits, or certificates, and their representatives, shall notify
the commission in writing of any change of address within seven days of such
change. Licensee/permittees shall file their change of address with the Licensing
Division of the Texas Alcoholic Beverage Commission. Certificate holders shall
file their change of address with the Seller Server Training Section of the
Texas Alcoholic Beverage Commission.
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 17, 2004.
TRD-200403340
Alan Steen
Administrator
Texas Alcoholic Beverage Commission
Earliest possible date of adoption: June 27, 2004
For further information, please call: (512) 206-3204
Chapter 75.
AIR CONDITIONING AND REFRIGERATION CONTRACTOR LICENSE LAW
16 TAC §75.10, §75.70
The Texas Department of Licensing and Regulation ("Department")
proposes amendments to existing rules at 16 Texas Administrative Code, §75.10
and §75.70 regarding the air conditioning and refrigeration contractors
licensing program.
Rule 75.10-Definitions is amended at paragraphs (14) and (20) to improve
the definitions of "direct supervision" and of "permanent office". Rule 75.70-Responsibilities
of the Licensee and the Air Conditioning and Refrigeration Contracting Company
is amended to add new subsections (a)(6), (7), and (b)(5), and to amend subsections
(f) and (j). New provisions under subsection (a)(6) require a licensee to
verify all work for which the licensee has supervisory responsibility. Subsection
(a)(7) is added to make it clear to municipalities that a licensee may authorize
persons to pull permits. New subsection (b)(5) is added to make it clear that
contracting companies may delegate persons to pull permits under the license
of the company's license holder. New subsection (b) (6) is added to clarify
that the records of an air conditioning and refrigeration contracting company
must be maintained for a period of three years after completion of a job.
Subsection (f) is amended to make it clear that a subcontracting licensee
is responsible to the department for work performed. Subsection (j) is amended
to more clearly express that a licensee must have a business relationship-be
either employed or contracted-with persons and entities that the licensee
allows to use his license.
These rules are necessary to more clearly define requirements licensees
must meet regarding supervision and use of the license by contracting companies.
William H. Kuntz, Jr., Executive Director, has determined that for the
first five-year period the proposed amendments are in effect there will be
no cost to state or local government as a result of enforcing or administering
the amendments.
Mr. Kuntz also has determined that for each year of the first five-year
period the amendments are in effect, the public benefit will be more clearly
defined requirements and responsibilities.
There will be no effect on large, small, or micro-businesses as a result
of the proposed amendments. There are no anticipated economic costs to persons
required to comply with the rules as amended.
Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive
Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin,
Texas 78711, or facsimile 512/475-2872, or electronically: whkuntz@license.state.tx.us.
The deadline for comments is 30 days after publication in the
Texas Register
.
The amendments are proposed under Texas Occupations Code, Chapters
51 and 1302, which authorizes the Department to adopt rules as necessary to
implement this chapter and any other law establishing a program regulated
by the Department.
The statutory provisions affected by the proposal are those set forth in
Texas Occupations Code, Chapters 51 and 1302. No other statutes, articles,
or codes are affected by the proposal.
§75.10.Definitions.
The following words and terms have the following meanings:
(1) - (13)
(No change.)
(14)
Direct [
(A)
Personal inspection of a job;
(B)
Contacting the customer by
mail, e-mail, or telephone to determine if the customer is satisfied with
the installation and service provided;
(C)
Reviewing a checklist completed
by a person who performed some or all of the work on a job; and
(D)
Reviewing an inspection report
of the job made by a municipal mechanical inspector.
(15) - (19)
(No change.)
(20)
Permanent office--
Any location, which must be identified
by a street address, or other data identifying a rural location, from which
a person or business entity conducts the business of an air conditioning and
refrigeration contracting company. A location not open to the public, or not
located within the state, may serve as a permanent office so long as the department
and consumers have access to the licensee required by §1302.252 of the
Act to be employed in each permanent office.
[
(21) - (23)
(No change.)
§75.70.Responsibilities of the Licensee and the Air Conditioning and Refrigeration Contracting Company.
(a)
The licensee shall:
(1) - (3)
(No change.)
(4)
furnish the Department with his or her permanent mailing
address and the name, physical address, and telephone number of the company;
[
(5)
furnish to the Department copies of assumed name registrations
from the Secretary of State and/or County Clerk's office
;
[
(6)
verify that all work for which
he or she has supervisory responsibility is performed so that mechanical integrity
of installed products, system or equipment is maintained, and that all maintenance,
service, and repair work has been done properly; and
(7)
furnish to municipalities a
list of authorized agents that may pull permits under the license, and, if
subcontracting jobs to other licensed air conditioning and refrigeration contracting
companies, furnish a list of agents of those licensed companies that may pull
permits under his license.
(b)
An Air Conditioning and Refrigeration Contracting Company
shall:
(1) - (2)
(No change.)
(3)
maintain records on their license holder showing payroll
taxes deducted and reported to the Texas Workforce Commission, and either,
hours worked each day or documentation showing that the licensee is on salary
and works full time for the contracting company; [
(4)
furnish a copy of the company's records, specified in paragraph
(3) of this subsection, at the request of the Department
;
[
(5)
furnish to municipalities a
list of authorized agents that may pull permits under the license of its license
holder, and, if subcontracting jobs to other licensed air conditioning and
refrigeration contracting companies, furnish a list of agents of those licensed
companies that may pull permits under the license of its license holder; and
(6)
make available to the department
in Austin, Texas the records relating to the business of the air conditioning
and refrigeration contracting company conducted through a permanent office
for a period of at least three years after completion of a job.
(c) - (e)
(No change.)
(f)
A licensee who subcontracts
to perform
work
requiring a license under the Act
for an air conditioning and refrigeration
contracting company
is responsible to the
company and the department
[
(g)
Each air conditioning and refrigeration contracting company
shall have a licensee employed full time in each permanent office from which
work requiring a license under the Act is contracted and supervised. All work
requiring a license under the Act shall be under the direct [
(h) - (i)
(No change.)
(j)
A licensee may not permit a person or any company with
which his or her license is not affiliated, and by whom he or she is not employed,
or contracted with
to use his or her license for any purpose.
(k) - (n)
(No change.)
(o)
A licensee shall:
(1)
(No change.)
(2)
if the information is printed on the license:
(A)
(No change.)
(B)
pay the appropriate revision fee required in §75.80
[
(C)
(No change.)
(p)
(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 17, 2004.
TRD-200403339
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: June 27, 2004
For further information, please call: (512) 463-7348
Chapter 311.
OTHER LICENSES
Subchapter A. LICENSING PROVISIONS
$300
] for each acre of land within the permit area
on which the permittee actually conducted operations for the removal of coal
and lignite during the calendar year. The total amount of this fee is due
and payable not later than March 15th of the year following the year of removal
operations. For calendar year
2004
[
2003
] only, the
annual fee shall be calculated as follows: for each acre of land on which
a permittee actually conducted operations for the removal of coal and lignite
during the period January 1,
2004
[
2003
], through August
31,
2004
[
2003
], the permittee shall pay to the Commission
an annual fee of
$300
[
$120
] per acre. For each acre
of land on which a permittee actually conducted operations for the removal
of coal and lignite during the period September 1,
2004
[
2003
], through December 31,
2004
[
2003
], the permittee
shall pay to the Commission an annual fee of
$390
[
$300
]
per acre.
Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
General
Counsel
], or the
Executive Director’s
[
General
Counsel's
] authorized representative, shall have the authority to accept
service of all papers or other legal documents served on the commission or
any of its members if served in their official capacity and not individually.
Pursuant to Texas Government Code §2001.176(b)(2), for a petition initiating
judicial review, the commission shall be served a copy of the actual petition.
General Counsel
], or the authorized representative,
in person, a true copy of the citation with a copy of the petition attached.
General Counsel
], by registered or certified mail,
return receipt requested, a true copy of the citation with a copy of the petition
attached.
General Counsel
],
simultaneous to completing legal service pursuant to the Texas Rules of Appellate
Procedure.
Subchapter E. PLEADINGS AND OTHER DOCUMENTS
(1)
] On open meeting days, the commissioners
and the Policy Development Division may file items related to the open meeting
on behalf of the commissioners between the hours of 8:00 a.m. and 9:00 a.m.
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.
(2)
] Central Records will open at
8:00 a.m. on open meeting days. With the exception of paragraph
(3)
[
(1)
] of this subsection, no filings will be accepted between the hours
of 8:00 a.m. and 9:00 a.m.
Part 3.
TEXAS ALCOHOLIC BEVERAGE COMMISSION
Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION
personal
] supervision--Directing and
verifying the design, installation, construction, maintenance, service, repair,
alteration, or modification of an air conditioning, refrigeration, process
cooling, or process heating product or equipment for compliance with mechanical
integrity.
Verification may include, but is not limited to:
Any business location
at which contractual agreements to perform work requiring a license under
the Act are arranged and where supervising control for those contracts originate.
Temporary construction sites or other locations at which employees of a licensee
work under contract to provide service, maintenance and repair work are not
permanent offices.
]
and
]
.
]
and
]
.
]
customer
] for
the mechanical integrity of
all
work performed by the subcontractor.
personal
] supervision of the licensee for that office.
of this title (relating to Fees)
]; and
Part 8.
TEXAS RACING COMMISSION