Part 1.
RAILROAD COMMISSION OF TEXAS
Chapter 9.
LP-GAS SAFETY RULES
Subchapter A. GENERAL REQUIREMENTS
16 TAC §9.9, §9.51
The Railroad Commission of Texas adopts amendments to §9.9,
relating to Requirements for Certificate Renewal, and §9.51, relating
to General Requirements for Training and Continuing Education, without changes
from the versions published in the November 18, 2005, issue of the
Texas Register
(30 TexReg 7645). The Commission adopts these amendments
to improve the efficiency and recover the cost of administering LP-gas examinations,
examination renewals and training requirements for persons who handle LP-gas
in the course of their employment with a state agency, county, municipality,
school district, or other governmental subdivision, and who elect to become
Railroad Commission certified to perform LP-gas activities even though they
are not required to do so and would not be required to do so under the amendments
as proposed. Aside from some competitive grants, the Commission's LP-gas training
and continuing education program is funded entirely from receipts of LP-gas
certified individuals' $35 annual examination renewal fees and $75 per day
seminar fees, which are appropriated to the Commission for the training and
continuing education program by a rider in the General Appropriations Act.
No state general tax revenue is appropriated or used to fund this program.
For this reason, it is important that the Commission recover the cost of providing
LP-gas training and continuing education services to employees of public organizations
who voluntarily elect to become certified. The Commission adopts an effective
date of March 1, 2006, for these amendments.
In §9.9, the Commission removes the sentence in subsection (c) that
authorizes the exemption from annual certificate renewal fees for employees
of a state agency, county, municipality, school district, or other governmental
subdivision.
In §9.51(b)(3)(C), the Commission amends the current exemption from
training and continuing education requirements for employees of a state agency,
county, municipality, school district, or other governmental subdivision.
As amended, the employees of these public entities that are or become certified
would be subject to the Commission's training and continuing education requirements.
In subsection (b)(4), the Commission amends the wording to clarify that all
employers must properly supervise all of their employees who perform LP-gas
activities, whether or not the employees are certified; that all public-entity
employers must properly train their uncertified employees, but only those
who perform LP-gas activities; that all public-entity employees who perform
any LP-gas activity must be trained, not just those who service or refuel
LP-gas vehicles; and that either the employer or a competent person other
than the employer may provide the training, e.g., a Railroad Commission Category
E licensee, an RRC-authorized outside trainer, or an AFRED instructor. In
subsection (f)(2)(E), the Commission removes the exemption from payment of
the non-credit class fee for political subdivisions, and will authorize waiver
of the fees if the Commission recovers its costs for a class from another
source, such as from a competitive grant.
The Commission received no comments on the proposed amendments.
The Commission adopts the amendments pursuant to Texas Natural Resources
Code, §113.051, which authorizes the Commission to adopt rules relating
to any and all aspects or phases of the LP-gas industry that will protect
or tend to protect the health, welfare, and safety of the general public;
and §113.088, which requires the Commission to establish reasonable examination,
course of instruction, and seminar registration fees, and authorizes, but
does not require, the Commission to exempt public employees of the State of
Texas or state subdivisions from the examination fee, the examination renewal
fee, and seminar fees.
Statutory authority: Texas Natural Resources Code, §113.051
and §113.088.
Cross-reference to statute: Texas Natural Resources Code, Chapter 113.
Issued in Austin, Texas, on January 24, 2006.
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 January 24, 2006.
TRD-200600379
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Effective date: March 1, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 475-1295
Chapter 101.
PRACTICE AND PROCEDURE
The Texas Department of Transportation (department) adopts the repeal
of Title 16, Part 6, Chapter 101, which consists of Subchapter A, §§101.1
- 101.16, concerning general rules; Subchapter B, §§101.22 - 101.25,
101.27, and 101.28, concerning rulemaking proceedings and hearings; and Subchapter
C, §§101.41 - 101.64, 101.66, and 101.67, concerning adjudicative
proceedings and hearings. The repeal of §§101.1 - 101.16, 101.22
- 101.25, 101.27, 101.28, 101.41 - 101.64, 101.66, and 101.67 is adopted without
changes to the proposal as published in the October 14, 2005, issue of the
EXPLANATION OF REPEALS
House Bill 2702, 79th Legislature, Regular Session, 2005, dissolved the
Motor Vehicle Board (board) and transferred its rulemaking responsibilities
to the Texas Transportation Commission (commission). Therefore it is necessary
to repeal Title 16, Part 6 and simultaneously adopt new sections under Title
43 to reflect the new delegation of duties and to transfer the rules to the
appropriate title. Some sections are not reenacted because they were specific
to board operations and are no longer necessary.
Subchapter A of Chapter 101, consisting of §§101.1 - 101.16,
are the General Rules of Practice and Procedure relating to submissions to
and practice before the director of the Motor Vehicle Division. These sections
will be reenacted in Title 43, Chapter 8.
Subchapter B of Chapter 101, consisting of §§101.22 - 101.25,
101.27, and 101.28, relate to rulemaking by the board. Sections 101.22 - 101.25
and §101.27 are unnecessary and are not reenacted. Section 101.28 is
reenacted in Chapter 8 of Title 43.
Subchapter C of Chapter 101, consisting of §§101.41 - 101.64,
101.66, and 101.67, relate to Adjudicative Proceedings and Hearings before
the director of the Motor Vehicle Division. All sections except for §101.63,
Filing of Documents for Consideration by Board Members, is reenacted in Chapter
8 of Title 43. Section 101.63 imposed deadlines for submission of documents
that no longer apply, inasmuch as contested cases are no longer considered
at regularly scheduled board meetings.
COMMENTS
The department conducted five statewide public hearings to receive comments
concerning the repeals. No comments on the proposed repeals were received.
Subchapter A. GENERAL RULES
16 TAC §§101.1 - 101.16
STATUTORY AUTHORITY
The repeals are adopted under Transportation Code, §201.101, which
provides the commission with the authority to establish rules for the conduct
of the work of the department, and more specifically, Occupations Code, §2301.005(e)
and §2301.155, which provides the commission with the authority to adopt
rules to administer Occupations Code, Chapter 2301.
CROSS REFERENCE TO STATUTE
Occupations Code, §2301.002 and §2301.005.
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 January 27, 2006.
TRD-200600434
Richard D. Monroe
General Counsel, Texas Department of Transportation
Texas Motor Vehicle Board
Effective date: February 16, 2006
Proposal publication date: October 14, 2005
For further information, please call: (512) 463-8630
16 TAC §§101.22 - 101.25, 101.27, 101.28
STATUTORY AUTHORITY
The repeals are adopted under Transportation Code, §201.101, which
provides the commission with the authority to establish rules for the conduct
of the work of the department, and more specifically, Occupations Code, §2301.005(e)
and §2301.155, which provides the commission with the authority to adopt
rules to administer Occupations Code, Chapter 2301.
CROSS REFERENCE TO STATUTE
Occupations Code, §2301.002 and §2301.005.
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 January 27, 2006.
TRD-200600435
Richard D. Monroe
General Counsel, Texas Department of Transportation
Texas Motor Vehicle Board
Effective date: February 16, 2006
Proposal publication date: October 14, 2005
For further information, please call: (512) 463-8630
16 TAC §§101.41 - 101.64, 101.66, 101.67
STATUTORY AUTHORITY
The repeals are adopted under Transportation Code, §201.101, which
provides the commission with the authority to establish rules for the conduct
of the work of the department, and more specifically, Occupations Code, §2301.005(e)
and §2301.155, which provides the commission with the authority to adopt
rules to administer Occupations Code, Chapter 2301.
CROSS REFERENCE TO STATUTE
Occupations Code, §2301.002 and §2301.005.
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 January 27, 2006.
TRD-200600436
Richard D. Monroe
General Counsel, Texas Department of Transportation
Texas Motor Vehicle Board
Effective date: February 16, 2006
Proposal publication date: October 14, 2005
For further information, please call: (512) 463-8630
16 TAC §§103.1 - 103.17
The Texas Department of Transportation (department) adopts
the repeal of Title 16, Part 6, Chapter 103, which consists of §§103.1
- 103.17, concerning general rules related to the licensing of motor vehicle
dealers. This chapter provides guidance to licensed dealers regarding motor
vehicle license renewals, protests, and franchises governed by the Occupations
Code, Chapter 2301. The repeal of §§103.1 - 103.17 is adopted without
changes to the proposal as published in the October 14, 2005, issue of the
EXPLANATION OF REPEALS
House Bill 2702, 79th Legislature, Regular Session, 2005, dissolved the
Motor Vehicle Board (board) and transferred its rulemaking responsibilities
to the Texas Transportation Commission (commission). Therefore it is necessary
to repeal Title 16, Part 6 and simultaneously adopt new sections under Title
43 to reflect the new delegation of duties and to transfer the rules to the
appropriate title. Sections 103.1 - 103.16 are reenacted in Title 43, Chapter
8. Section 103.17, Motorized Scooters, is not reenacted.
House Bill 2702 also amended Transportation Code, Chapter 551, by defining
"pocket bike or minimotorbike" as a self-propelled vehicle that is equipped
with an electric motor or internal combustion engine having a piston displacement
of less than 50 cubic centimeters, is designed to propel itself with not more
than two wheels in contact with the ground, has a seat or saddle for the use
of the operator, is not designed for use on a highway, and is ineligible for
a certificate of title under Chapter 501. The amendments to Transportation
Code, Chapter 551 further state that the statute may not be construed to authorize
the operation of a pocket bike or minimotorbike on any highway, road, street,
bicycle path or sidewalk.
Occupations Code, §2301.002(23)(A) defines a motor vehicle as "a fully
self-propelled vehicle having two or more wheels that has as its primary purpose
the transport of a person or persons, or property on a public highway . .
." The board previously adopted §103.17 to regulate sales of pocket bikes
under the assumption that certain motorized scooters could be driven on public
roadways based upon that statutory language.
House Bill 2702 makes it clear that pocket bikes may not be driven on public
streets. Thus, pocket bikes do not fall under the definition of "motor vehicle"
in Occupations Code, §2301.002(23)(A), and their distribution is no longer
subject to regulation.
COMMENTS
The department conducted five statewide public hearings to receive comments
concerning the repeals. No comments on the proposed repeals were received.
STATUTORY AUTHORITY
The repeals are adopted under Transportation Code, §201.101, which
provides the commission with the authority to establish rules for the conduct
of the work of the department, and more specifically, Occupations Code, §2301.005(e)
and §2301.155, which provides the commission with the authority to adopt
rules to administer Occupations Code, Chapter 2301.
CROSS REFERENCE TO STATUTE
Occupations Code, §2301.002 and §2301.005.
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 January 27, 2006.
TRD-200600437
Richard D. Monroe
General Counsel, Texas Department of Transportation
Texas Motor Vehicle Board
Effective date: February 16, 2006
Proposal publication date: October 14, 2005
For further information, please call: (512) 463-8630
16 TAC §§105.1 - 105.17, 105.19 - 105.32
The Texas Department of Transportation (department) adopts
the repeal of Title 16, Part 6, Chapter 105, which consists of §§105.1
- 105.17 and §§105.19 - 105.32, concerning advertising. The repeal
of §§105.1 - 105.17 and §§105.19 - 105.32 is adopted without
changes to the proposal as published in the October 14, 2005, issue of the
EXPLANATION OF REPEALS
House Bill 2702, 79th Legislature, Regular Session, 2005, dissolved the
Motor Vehicle Board (board) and transferred its rulemaking responsibilities
to the Texas Transportation Commission (commission). Therefore it is necessary
to repeal Title 16, Part 6 and simultaneously adopt new sections under Title
43 to reflect the new delegation of duties and to transfer the rules to the
appropriate title. Chapter 105 is reenacted in Chapter 8 of Title 43.
COMMENTS
The department conducted five statewide public hearings to receive comments
concerning the repeals. No comments on the proposed repeals were received.
STATUTORY AUTHORITY
The repeals are adopted under Transportation Code, §201.101, which
provides the commission with the authority to establish rules for the conduct
of the work of the department, and more specifically, Occupations Code, §2301.005(e)
and §2301.155, which provides the commission with the authority to adopt
rules to administer Occupations Code, Chapter 2301.
CROSS REFERENCE TO STATUTE
Occupations Code, §§2301.002, 2301.005 and 2301.203(c).
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 January 27, 2006.
TRD-200600438
Richard D. Monroe
General Counsel, Texas Department of Transportation
Texas Motor Vehicle Board
Effective date: February 16, 2006
Proposal publication date: October 14, 2005
For further information, please call: (512) 463-8630
16 TAC §§107.1 - 107.11
The Texas Department of Transportation (department) adopts
the repeal of Title 16, Part 6, Chapter 107, which consists of §§107.1
- 107.11, concerning warranty performance obligations. The repeal of §§107.1
- 107.11 is adopted without changes to the proposal as published in the October
14, 2005, issue of the
Texas Register
(30
TexReg 6555) and will not be republished.
EXPLANATION OF REPEALS
House Bill 2702, 79th Legislature, Regular Session, 2005, dissolved the
Motor Vehicle Board (board) and transferred its rulemaking responsibilities
to the Texas Transportation Commission (commission). Therefore it is necessary
to repeal Title 16, Part 6 and simultaneously adopt new sections under Title
43 to reflect the new delegation of duties and to transfer the rules to the
appropriate title. Sections 107.1 - 107.10 will be reenacted in Title 43,
Chapter 8. Section 107.11, Reports to Board, will not be reenacted because
it is specific to board operations and no longer necessary.
COMMENTS
The department conducted five statewide public hearings to receive comments
concerning the repeals. No comments on the proposed repeals were received.
STATUTORY AUTHORITY
The repeals are adopted under Transportation Code, §201.101, which
provides the commission with the authority to establish rules for the conduct
of the work of the department, and more specifically, Occupations Code, §§2301.005(e),
2301.155, and 2301.602, which provides the commission with the authority to
adopt rules to administer Occupations Code, Chapter 2301.
CROSS REFERENCE TO STATUTE
Occupations Code, §§2301.002, 2301.005, 2301.204 and 2301.601
- 2301.613.
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 January 27, 2006.
TRD-200600439
Richard D. Monroe
General Counsel, Texas Department of Transportation
Texas Motor Vehicle Board
Effective date: February 16, 2006
Proposal publication date: October 14, 2005
For further information, please call: (512) 463-8630
16 TAC §§109.1 - 109.12
The Texas Department of Transportation (department) adopts
the repeal of Title 16, Part 6, Chapter 109, which consists of §§109.1
- 109.12, concerning lessors and lease facilitators. The repeal of §§109.1
- 109.12 is adopted without changes to the proposal as published in the October
14, 2005, issue of the
Texas Register
(30
TexReg 6555) and will not be republished.
EXPLANATION OF REPEALS
House Bill 2702, 79th Legislature, Regular Session, 2005, dissolved the
Motor Vehicle Board (board) and transferred its rulemaking responsibilities
to the Texas Transportation Commission (commission). Therefore it is necessary
to repeal Title 16, Part 6 and simultaneously adopt new sections under Title
43 to reflect the new delegation of duties and to transfer the rules to the
appropriate title. Sections 109.1 - 109.7 and §§109.9 - 109.12 is
reenacted in Chapter 8 of Title 43. Section 109.8, Refund of Fees, is not
reenacted because it duplicates other rules regarding fees and is no longer
necessary.
COMMENTS
The department conducted five statewide public hearings to receive comments
concerning the repeals. No comments on the proposed repeals were received.
STATUTORY AUTHORITY
The repeals are adopted under Transportation Code, §201.101, which
provides the commission with the authority to establish rules for the conduct
of the work of the department, and more specifically, Occupations Code, §2301.005(e)
and §2301.155, which provides the commission with the authority to adopt
rules to administer Occupations Code, Chapter 2301.
CROSS REFERENCE TO STATUTE
Occupations Code, §2301.002 and §2301.005.
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 January 27, 2006.
TRD-200600440
Richard D. Monroe
General Counsel, Texas Department of Transportation
Texas Motor Vehicle Board
Effective date: February 16, 2006
Proposal publication date: October 14, 2005
For further information, please call: (512) 463-8630
The Texas Department of Transportation (department) adopts the repeal
of Title 16, Part 6, Chapter 111, which consists of §§111.1 - 111.12
and §§111.14 - 111.20, concerning general distinguishing numbers.
The repeal of §§111.1 - 111.12 and §§111.14 - 111.20 is
adopted without changes to the proposal as published in the October 14, 2005,
issue of the
Texas Register
(30 TexReg 6556)
and will not be republished.
EXPLANATION OF REPEALS
House Bill 2702, 79th Legislature, Regular Session, 2005, dissolved the
Motor Vehicle Board (board) and transferred its rulemaking responsibilities
to the Texas Transportation Commission (commission). Therefore it is necessary
to adopt the repeal of Title 16, Part 6 and simultaneously adopt new sections
under Title 43 to reflect the new delegation of duties and to transfer the
rules to the appropriate title. Chapter 111 will be reenacted in Chapter 8
of Title 43.
The effective date for the repeal of the temporary tag designs in §111.8
is delayed until April 30, 2006. The extension of this effective date allows
for the continuation of the existing temporary tags during the transition
stage for the new format required in new 43 TAC §8.138 and §8.146
adopted in conjunction with this repeal.
COMMENTS
The department conducted five statewide public hearings to receive comments
concerning the repeals. No comments on the proposed repeals were received.
Part 6.
TEXAS MOTOR VEHICLE BOARD
Subchapter B. RULEMAKING PROCEEDINGS AND HEARINGS
Subchapter C. ADJUDICATIVE PROCEEDINGS AND HEARINGS
Chapter 103.
GENERAL RULES
Chapter 105.
ADVERTISING
Chapter 107.
WARRANTY PERFORMANCE OBLIGATIONS
Chapter 109.
LESSORS AND LEASE FACILITATORS
Chapter 111.
GENERAL DISTINGUISHING NUMBERS