Emergency Sections
An agency may adopt a new or amended section or repeal an existing section on an
emergency basis if it determines that such action is necessary for the public
health, safety, or welfare of this state. The section may become effective
immediately upon filing with the Texas Register, or on a stated date less than
20 days after filing, for no more than 120 days. The emergency action is
renewable once for no more than 60 days.
Symbology in amended emergency sections. New language added to an existing
section is indicated by the use of bold text. [Brackets] indicate deletion of
existing material within a section.
TITLE 1. ADMINISTRATION
Part II. Texas Ethics Commission
Chapter 5. Campaign Financing
Subchapter C. Rules Concerning Reports
1 TAC sec.sec.5.21, 5.23, 5.25
The Texas Ethics Commission adopts on an emergency basis new sec.sec.5.21, 5.23,
and 5.25 concerning an exception to reporting the name of each candidate or
officeholder who benefits from a direct campaign expenditure by certain
specific-purpose committees; the filing of reports after a special legislative
session; and officeholder accounts.
The Texas Ethics Commission has determined that the emergency adoption of the
new sections are necessary and in the public interest in order to comply with
Title 15, Texas Election Code, sec.sec.251.031(a)(7), 254.0391, and 253.040, as
amended by Senate Bill 1 of the 72nd Regular Session of the Texas Legislature,
effective date January 1, 1992.
The Texas Ethics Commission finds that an emergency exists in that Title 15,
Texas Election Code, has been amended effective January 1, 1992. The amendment
requires certain information to be filed on or after January 1, 1992. Failure to
disclose information correctly and accurately could result in civil penalties
being imposed.
The Texas Constitution, Article III, sec.24a, created the Texas Ethics
Commission gives the commission such powers and duties as the Legislature may
provide. The Legislature has enacted Texas Civil Statutes, Article 6252-9d.1,
effective January 1, 1992, which confers on the commission the power to
administer and enforce Title 15, Texas Election Code, and the power to
promulgate and adopt rules.
The new sections are adopted under Title 15, Texas Election Code, by Article
6252-9d.1, sec.1.11(b)(9), which confers upon the commission the authority to
adopt rules.
sec.5.21. Exception Concerning the Reporting by Certain Specific-Purpose
Committees the Name of Each Candidate or Officeholder Benefiting from a Direct
Campaign Expenditure.
A specific-purpose committee which supports a
candidate or officeholder for statewide office; a district office filled by
voters of more than one county; state senator; state representative; or the
State Board of Education is not required to report the name and the office
sought or held by the candidate or officeholder who benefits from a direct
campaign expenditure under the Texas Election Code, sec.254.031(a)(7).
sec.5.23. Filing of Report After Special Legislative Session. A sworn report of
contributions required to be filed by the Texas Election Code, sec.254.0391, is
not required to be filed if no contributions were accepted during the applicable
filing period.
sec.5.25. Officeholder Accounts. Officeholders who maintain officeholder
and campaign contributions in bank accounts must deposit the officeholder
contributions in only those accounts containing campaign contributions. The
Texas Election Code, sec.253.040, does not require all officeholder and campaign
contributions to be deposited in one bank account.
Issued in Austin, Texas, on March 2, 1992.
TRD-9203068
Jim Mathieson
Staff Attorney
Texas Ethics Commission
Effective date: March 3, 1992
Expiration date: July 1, 1992
For further information, please call: (512) 463-5800
Chapter 7. Personal Financial Disclosure
Subchapter A. Disclosure Statements
Expenditures Previously Reported
1 TAC sec.7.3
The Texas Ethics Commission adopts on an emergency basis new sec.7.3 which
excepts the double reporting of previously reported expenditures permitted under
the Texas Penal Code, sec.36.07(b) (Vernon's Supplement 1991).
The Texas Ethics Commission has determined that the emergency adoption of the
new section is necessary and in the public interest in order to comply with
Texas Civil Statutes, Article 6252-9d.1, (Vernon's Supplement 1991).
The Texas Ethics Commission finds that an emergency exists in that: Texas Civil
Statutes, Article 6252-9b (Vernon's Supplement 1991), requires that certain
information must be filed with the commission after January 1, 1992, and that it
be done on certain forms promulgated by the Texas Ethics Commission. Further,
this information can be reported pursuant to different statutory authority which
may result in a duplication of filing resulting in a waste of resources,
duplication of effort, and harm to the public.
The Texas Constitution Article III, sec.24a, created the Texas Ethics Commission
and gives the commission such powers and duties as the legislature may provide.
The legislature has enacted Texas Civil Statutes, Article 6252-9d.1, effective
January 1, 1992, which confers on the commission the power to administer and
enforce Texas Civil Statutes, Article 6252-9b, (Vernon's Supplement 1991), and
the power to promulgate rules.
The new section is adopted on an emergency basis under Title 15, Texas Election
Code, by Texas Civil Statutes, Article 6252-9d.1, sec.1.11(b)(9), which confers
upon the commission the authority to adopt rules.
sec.7.3. Expenditures Reported under Title 15, Texas Election Code. Any person
who has reported the receipt of conference transportation, meals, or lodging
expenses permitted under the Texas Penal Code, sec.36.07, on that person's
Candidate's Sworn Report of Contributions and Expenditures filed pursuant to
Title 15, Texas Election Code, is not required to again list that information on
that person's Financial Statement filed pursuant to Texas Civil Statutes,
Article 6252-9b (Vernon's Supplement 1991).
Issued in Austin, Texas, on March 2, 1992.
TRD-9203069
Jim Mathieson
Staff Attorney
Texas Ethics Commission
Effective date: March 3, 1992
Expiration date: July 1, 1992
For further information, please call: (512) 463-5800
TITLE 37. PUBLIC SAFETY AND CORRECTION
Part XIII. Texas Commission on Fire Protection
Chapter 501. Flammable Liquids
37 TAC sec.sec.501.1-501.5, 501.7
The Texas Commission on Fire Protection adopts on an emergency basis
sec.sec.501.1-501.5, and 501.7, concerning rules for the safe storage, handling
and use of flammable liquids at retail service stations.
Adoption of these amendments on an emergency basis is necessary in order to
provide continuous administrative regulation and guidelines for the safe
storage, handling, and use of flammable liquids.
These sections ensure compliance with the most updated construction and
installation practices available for underground and aboveground flammable
liquids storage tanks in order to promote public fire safety.
The amendments are adopted on an emergency basis under the Health and Safety
Code, Chapter 753, sec.753.003, which provides the State Fire Marshal with the
authority to formulate, adopt, and promulgate rules and regulations for the safe
storage, handling, and use of flammable liquids in accordance with this article.
sec.501.1. Purpose. The purpose of this subchapter is to administer [through
the state fire marshal] the law set forth in the Health and Safety Code, Chapter
753, regarding the safe storage, handling, and use of flammable liquids at
retail service stations [and aircraft fueling facilities].
sec.501.2. Title. The sections of this subchapter shall be known as and may be
cited as the rules for the safe storage, handling, and use of flammable liquids
at retail service stations [ and aircraft fueling facilities].
sec.501.3. Applicability of Sections. The sections of this subchapter shall
apply to any person engaged in the business of the storage, handling,
dispensing, and use of flammable liquids at retail service stations, [aircraft
fueling facilities,] and bulk plants operated in conjunction with retail service
stations.
sec.501.4. Definitions. The following words, and terms, when used in this
subchapter, shall have the following meanings, unless the context clearly
indicates otherwise.
[Aircraft fueling facility-Airport fueling system as defined by National Fire
Protection Association Standard 407.]
sec.501.5. Adopted Standards. The commission [board] adopts by
reference the following copyrighted standards and recommendations, except to the
extent they are in conflict with sections of this subchapter or any Texas
statutes or federal law. The standards are published by and are available from
the National Fire Protection Association, Batterymarch Park, Quincy,
Massachusetts 02269:
(1) NFPA 30-1990 [1987], Flammable and Combustible Liquids Code;
(2) NFPA 30A-1990 [1987], Automotive and Marine Service Station Code,
including the Tentative Interim Amendment (TIA Log Number 312R) adopted by
the NFPA in 1991, except for Section 2-4.2 of the Tentative Interim Amendment
concerning tank location and capacity.
[(3) NFPA 407-1985, Aircraft Fuel Servicing.]
sec.501.7. Severability. If any provision of this subchapter or the application
thereof to any person or circumstance is held invalid for any reason, the
invalidity shall not affect the other provisions or any other application of
these rules [this subchapter] which can be given effect without the
invalid provisions or application. To this end, all provisions of this
subchapter are declared to be severable.
Issued in Austin, Texas, on March 2, 1992.
TRD-9203055
Jack Woods
General Counsel
Texas Commission on Fire Protection
Effective date: March 2, 1992
Expiration date: June 30, 1992
For further information, please call: (512) 322-3550