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 16. ECONOMIC REGULATION Part VIII. Texas Racing Commission Chapter 309. Operation of Racetracks Subchapter B. Horse Racetracks Operations 16 TAC sec.309.196 The Texas Racing Commission adopts on an emergency basis an amendment to sec.309.196, concerning traffic in stable area. The amendment clarifies the individuals that are not allowed to operate motor vehicles in the stable area. The amendment is adopted on an emergency basis to ensure that pari-mutuel racing is safe for all licensees. Unauthorized vehicular traffic in the stable area poses a safety hazard to the racehorses and to occupational licensees. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.6.06, which authorizes the commission to adopt rules relating to the operation of racetracks. sec.309.196. Traffic in Stable Area. (a) (No change.) (b) This section does not apply to: (1)-(2) (No change.) (3) security or maintenance
    personnel employed by the association; (4)-(6) (No change.) (7) an owner or
      [a] trainer; (8) a jockey's agent at a Class 1 racetrack; [or] (9) a farrier; or (10) a jockey. Issued in Austin, Texas, on April 3, 1992. TRD-9204972 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: April 10, 1992 Expiration date: August 8, 1992 For further information, please call: (512) 794-8461 Chapter 313. Officials and Rules of Horse Racing Subchapter B. Entries, Declarations, and Allowances Entries 16 TAC sec.313.103 The Texas Racing Commission has withdrawn the emergency effectiveness of the amendment to sec.313.103, concerning the officials and rules of horse racing. The text of the emergency amendment appeared in the March 13, 1992, issue of the Texas Register (17 TexReg 1850). The effective date of this withdrawal is April 10, 1992. Issued in Austin, Texas, on April 10, 1992. TRD-9204988 Texas Racing Commission General Counsel Texas Racing Commission Effective date: April 10, 1992 For further information, please call: (512) 794-8461 The Texas Racing Commission adopts on an emergency basis an amendment to sec.313.103, concerning eligibility requirements. The amendment clarifies the eligibility requirements for entering a horse in a race. The amendment is adopted on an emergency basis to ensure that horses participating in pari-mutuel races are fit and ready to run in races currently being conducted. The failure of a horse to be fit and ready to run could result in accidents endangering the safety of jockeys, horses, and other participants in racing. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.6.06, which authorizes the commission to adopt rules relating to the operation of racetracks. sec.313.103. Eligibility Requirements. (a) To be entered in a race, a horse must
        [A horse may not enter a race unless]: (1) be
          [the horse is] properly registered with the appropriate national breed registry; (2) be
            [the horse has been] properly tattooed and the horse's registration certificate showing the tattoo number of the horse must be
              [is] on file with the racing secretary before scratch time for the race, unless the stewards authorize the certificate to be filed at a later time; (3) be in the care of a licensed trainer and owned by a licensed owner
                [the horse is owned by a licensed owner and is in the care of a licensed trainer], except that the owner and trainer of a horse entered in a stakes race must be licensed before the horse may start in that race; (4) be
                  [the horse is] eligible to enter the race under the conditions of the race
                    [and is entered for the race]; (5) be
                      [the horse is] present on association grounds not later than the time prescribed by the commission veterinarian; and (6) have
                        [the horse has had] two published workouts and be
                          [been] approved by the licensed starter for proficiency in the starting gate, if the horse is to start for the first time. (b)-(e) (No change.) (f) If a horse has started in a race in the 45-day period preceding a race, there is no workout requirement for eligibility to start. If a horse has not started in the 45-day period preceding a race, the horse must have one published workout to be eligible to start in that race. [However, if a horse has not started in the 60-day period preceding the race, the horse must have two published workouts to be eligible to start in that race.] (g) For a horse to be eligible to start in a race, an original certificate indicating a negative Coggin's test for the horse during the 12-month period preceding the race must be attached to the horse's registration papers not later than: (1) scratch time, for a race for which there are "also eligible" horses; and (2) one hour before post time for the first race of that day, for a race which there are not "also eligible" horses. (h) To be entered in a race around a turn, a quarter horse must be approved by the clocker, the outrider and, if the horse is worked from the gate, the starter. Issued in Austin, Texas on April 3, 1992. TRD-9204973 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: April 10, 1992 Expiration date: August 8, 1992 For further information, please call: (512) 794-8461 16 TAC sec.313.111 The Texas Racing Commission has withdrawn the emergency effectiveness of the amendment to sec.313.111, concerning the officials and rules of horse racing. The text of the emergency amendment appeared in the March 13, 1992, issue of the Texas Register (17 TexReg 1851). The effective date of this withdrawal is April 10, 1992. Issued in Austin, Texas, on April 10, 1992. TRD-9204989 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: April 10, 1992 For further information, please call: (512) 794-8461 The Texas Racing Commission adopts on an emergency basis an amendment to sec.313.111, concerning age restrictions. The amendment deletes the age limitation for racing a maiden horse. The amendment is adopted on an emergency basis to ensure that the supply of horses for pari-mutuel races is maximized. An inadequate supply of horse for pari-mutuel racing results in races of poor quality and can result in races being cancelled due to short fields. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.6.06, which authorizes the commission to adopt rules relating to the operation of racetracks. sec.313.111. Age Restrictions. (a)-(c) (No change.) [(d) A maiden may not start in a pari-mutuel race in this state if the maiden: [(1) during 1990, is 13 years old or older; [(2) during 1991, is seven years old or older; or [(3) during 1992, and thereafter is six years old or older.] (d)
                            [(e)] A horse that is more than 12 years of age may not start in a pari-mutuel race on the flat in this state. Issued in Austin, Texas on April 3, 1992. TRD-9204974 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: April 10, 1992 Expiration date: August 8, 1992 For further information, please call: (512) 794-8461 Subchapter C. Claiming Races 16 TAC sec.313.304 The Texas Racing Commission adopts on an emergency basis an amendment to sec.313.304, concerning claim irrevocable. The amendment clarifies the status of a claim of a horse that is excused before it is a starter. The amendment is adopted on an emergency basis to ensure that pari-mutuel claiming races are conducted fairly and honestly, to avoid defrauding the wagering public. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.6.06, which authorizes the commission to adopt rules relating to the operation of racetracks. sec.313.304. Claim Irrevocable. (a) (No change.) [(b) If the stewards excuse a horse before it is a starter, a claim for that horse is invalid.] (b)
                              [(c)] If the stewards declare a claiming race a "no race," all claims for that race are invalid. Issued in Austin, Texas on April 3, 1992. TRD-9204971 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: April 10, 1992 Expiration date: August 8, 1992 For further information, please call: (512) 794-8461 Chapter 319. Veterinary Practices and Drug Testing Subchapter B. Treatment of Horses 16 TAC sec.319.110 The Texas Racing Commission adopts on an emergency basis an amendment to sec.319.110, concerning Coggins test and health certificate. The amendment clarifies the health documentation requirements for a horse to be admitted to an association's grounds. The amendment is adopted on an emergency basis to ensure that the potential for spreading certain equine diseases is minimized. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 179e, sec.3.02, which authorize the commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act and sec.6.06, which authorizes the commission to adopt rules relating to the operation of racetracks. sec.319.110. Coggins Test and Health Certificate. To be admitted on to an association's grounds,
                                [(a) except as otherwise provided by this section,] a horse must
                                  [that arrives on an association's grounds shall] have: (1) a valid negative agar gel immunodiffusion test for equine infectious anemia (Coggins test) issued in the 12-month
                                    [six-month] period preceding the horse's arrival; and (2) (No change.) [(b) The stable superintendent may permit a horse without a health certificate to be admitted to association grounds, provided: [(1) the horse is admitted only to an isolated stall; and [(2) the trainer of the horse files a health certificate with the commission veterinarian not later than 24 hours after arrival. [(c) The stable superintendent may permit a horse without a Coggins test to be admitted to association grounds, provided a Coggins test is drawn not later than 24 hours after arrival. [(d) A horse is ineligible to start in a race if the horse does not have on file with the commission veterinarian a certificate, indicating a negative Coggins Test, issued by a testing laboratory in the six-month period preceding the date of the race.] Issued in Austin, Texas on April 3, 1992. TRD-9204975 Paula Cochran Carter General Counsel Texas Racing Commission Effective date: April 10, 1992 Expiration date: August 8, 1992 For further information, please call: (512) 794-8461 TITLE 22. EXAMINING BOARDS Part I. Texas Board of Architectural Examiners Chapter 5. Interior Designers Subchapter A. Scope; Definitions 22 TAC sec.sec.5.1-5.18 The Texas Board of Architectural Examiners is renewing the effectiveness of the emergency adoption of new sec.sec.5.1-5.18, for a 60-day period effective April 9, 1992. The text of new sec.sec.5.1-5.18 was originally published in the December 20, 1991, issue of the Texas Register (16 TexReg 7411). Issued in Austin, Texas on April 7, 1992. TRD-9204757 Joyce M. Franke Administrative Technician II Texas Board of Architectural Examiners Effective date: April 9, 1992 Expiration date: June 8, 1992 For further information, please call: (512) 458-1363 Subchapter B. Registration 22 TAC sec.sec.5.31-5.39 The Texas Board of Architectural Examiners is renewing the effectiveness of the emergency adoption of new sec.sec.5.31-5.39, for a 60-day period effective April 9, 1992. The text of new sec.sec.5.31-5.39 was originally published in the December 20, 1991, issue of the Texas Register (16 TexReg 7412). Issued in Austin, Texas on April 7, 1992. TRD-9204758 Joyce M. Franke Administrative Technician II Texas Board of Architectural Examiners Effective date: April 9, 1992 Expiration date: June 8, 1992 For further information, please call: (512) 458-1363 Subchapter C. Examinations 22 TAC sec.sec.5.51-5.60 The Texas Board of Architectural Examiners is renewing the effectiveness of the emergency adoption of new sec.sec.5.51-5.60, for a 60-day period effective April 9, 1992. The text of new sec.sec.5.51-5.60 was originally published in the December 20, 1991, issue of the Texas Register (16 TexReg 7414). Issued in Austin, Texas on April 7, 1992. TRD-9204759 Joyce M. Franke Administrative Technician II Texas Board of Architectural Examiners Effective date: April 9, 1992 Expiration date: June 8, 1992 For further information, please call: (512) 458-1363 Subchapter D. Certification and Annual Registration 22 TAC sec.sec.5.71-5.80 The Texas Board of Architectural Examiners is renewing the effectiveness of the emergency adoption of new sec.sec.5.71-5.80, for a 60-day period effective April 9, 1992. The text of new sec.sec.5.71-5.80 was originally published in the December 20, 1991, issue of the Texas Register (16 TexReg 7414). Issued in Austin, Texas on April 7, 1992. TRD-9204760 Joyce M. Franke Administrative Technician II Texas Board of Architectural Examiners Effective date: April 9, 1992 Expiration date: June 8, 1992 For further information, please call: (512) 458-1363 Subchapter E. Fees 22 TAC sec.sec.5.91-5.99 The Texas Board of Architectural Examiners is renewing the effectiveness of the emergency adoption of new sec.sec.5.91-5.99, for a 60-day period effective April 9, 1992. The text of new sec.sec.5.91-5.99 was originally published in the December 20, 1991, issue of the Texas Register (16 TexReg 7415). Issued in Austin, Texas on April 7, 1992. TRD-9204761 Joyce M. Franke Administrative Technician II Texas Board of Architectural Examiners Effective date: April 9, 1992 Expiration date: June 8, 1992 For further information, please call: (512) 458-1363 Subchapter F. The Interior Designer's Seal 22 TAC sec.sec.5.111-5.114 The Texas Board of Architectural Examiners is renewing the effectiveness of the emergency adoption of new sec.sec.5.111-5.114, for a 60-day period effective April 9, 1992. The text of new sec.sec.5.111-5.114 was originally published in the December 20, 1991, issue of the Texas Register (16 TexReg 7416). Issued in Austin, Texas on April 7, 1992. TRD-9204762 Joyce M. Franke Administrative Technician II Texas Board of Architectural Examiners Effective date: April 9, 1992 Expiration date: June 8, 1992 For further information, please call: (512) 458-1363 Subchapter G. Titles and Firm Names 22 TAC sec.5.131, sec.5.132 The Texas Board of Architectural Examiners is renewing the effectiveness of the emergency adoption of new sec.5.131 and sec.5.132, for a 60-day period effective April 9, 1992. The text of new sec.5.131 and sec.5.132 was originally published in the December 20, 1991, issue of the Texas Register (16 TexReg 7417). Issued in Austin, Texas on April 7, 1992. TRD-9204763 Joyce M. Franke Administrative Technician II Texas Board of Architectural Examiners Effective date: April 9, 1992 Expiration date: June 8, 1992 For further information, please call: (512) 458-1363 Subchapter H. Rules of Conduct 22 TAC sec.sec.5.151-5.156 The Texas Board of Architectural Examiners is renewing the effectiveness of the emergency adoption of new sec.sec.5.151-5.156, for a 60-day period effective April 9, 1992. The text of new sec.sec.5.151-5.156 was originally published in the December 20, 1991, issue of the Texas Register (16 TexReg 7417). Issued in Austin, Texas on April 7, 1992. TRD-9204764 Joyce M. Franke Administrative Technician II Texas Board of Architectural Examiners Effective date: April 9, 1992 Expiration date: June 8, 1992 For further information, please call: (512) 458-1363 Subchapter I. Charges Against Interior Designers: Action 22 TAC sec.sec.5.171-5.187 The Texas Board of Architectural Examiners is renewing the effectiveness of the emergency adoption of new sec.sec.5.171-5.187, for a 60-day period effective April 9, 1992. The text of new sec.sec.5.171-5.187 was originally published in the December 20, 1991, issue of the Texas Register (16 TexReg 7418). Issued in Austin, Texas on April 7, 1992. TRD-9204765 Joyce M. Franke Administrative Technician II Texas Board of Architectural Examiners Effective date: April 9, 1992 Expiration date: June 8, 1992 For further information, please call: (512) 458-1363 Subchapter J. Violations By Unregistered Persons 22 TAC sec.sec.5.201-5.205 The Texas Board of Architectural Examiners is renewing the effectiveness of the emergency adoption of new sec.sec.5.201-5.205, for a 60-day period effective April 9, 1992. The text of new sec.sec.5.201-5.205 was originally published in the December 20, 1991, issue of the Texas Register (16 TexReg 7419). Issued in Austin, Texas on April 7, 1992. TRD-9204766 Joyce M. Franke Administrative Technician II Texas Board of Architectural Examiners Effective date: April 9, 1992 Expiration date: June 8, 1992 For further information, please call: (512) 458-1363 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part IX. Texas Water Commission Chapter 281. Applications Processing 31 TAC sec.sec.281.2, 281.3, 281.5, 281.17, 281.18, 281.21 The Texas Water Commission (TWC) adopts on an emergency basis amendments to sec.sec.281.2, 281.3, 281.5, 281.17, 281.18, and 281.21, concerning the processing applications for new, amended, or renewed municipal solid waste permits. These sections are being adopted on an emergency basis in order to implement the provisions of Senate Bill 2, First Called Session, 72nd Legislature, which transferred the jurisdiction over municipal solid waste management from the Texas Department of Health (TDH) to TWC effective March 1, 1992. TWC proposes to add these amendments to the existing Chapter 281 to allow the orderly processing of applications for new, amended, or renewed municipal solid waste permits. TDH's existing rules pertaining to municipal solid waste have been transferred to TWC through recodification. However, TWC has determined that several of TDH's procedural rules should not be recodified as they conflict with the TWC's current procedural rules. It is TWC's intention that its existing procedural rules apply to the newly transferred program. The amendments are adopted on an emergency basis under the Texas Water Code, sec.5.103, and sec.26.011, which gives the Texas Water Commission the authority to adopt any rules necessary to carry out its powers, duties, and policies and to protect water quality in the state. These sections are also adopted under the Texas Solid Waste Disposal Act, Texas Health and Safety Code Annotated, Chapter 361 (Vernon) which gives the Texas Water Commission the authority to regulate industrial, hazardous, and municipal solid wastes and to adopt rules and promulgate rules consistent with the general intent and purposes of the Act. sec.281.2. Applicability. These sections are applicable to the processing of: (1)-(7) (No change.) (8) applications for weather modification permits and licenses; [and] (9) applications for new or amended certificates of convenience and necessity; and
                                      [.] (10) applications for new, amended, or renewed municipal solid waste permits. sec.281.3. Initial Review. (a)-(b) (No change.) (c) For applications involving hazardous waste under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361 [Texas Civil Statutes, Article 4477-7], applicants for existing hazardous waste management facilities shall have 30 days from receipt of notice of deficiency in a Part A permit application to respond to the notification and to explain or cure the alleged deficiency in the Part A application. Applicants shall be afforded this opportunity to cure the deficiencies before the executive director may pursue enforcement action concerning deficient applications. sec.281.5. Application for Wastewater Discharge, Underground Injection, Municipal Solid Waste Hazardous Waste, and Industrial Solid Waste Management Permits.
                                        Applications for wastewater discharge, underground injection, municial solid waste hazardous waste and industrial solid waste management permits must
                                          include: (1) complete application form(s), signed and notarized, and appropriate copies provided; (2) the payment of fees, if applicable; (3)-(7) (No change.) sec.281.17. Notice of Receipt of Application and Declaration of Administrative Completeness. (a)-(c) (No change.) (d) Other applications. Upon receipt of an application described in sec.281.2(2) or
                                            [and] (5)-(10)
                                              [(5)-(9)] of this title (relating to Applicability) which contains the information and attachments required by ssec.281.5-281.7 and 281.16 of this title (relating to Application for Wastewater Discharge; Applications for Solid Waste Manaqement Permits;
                                                Applications for Plan Approval of Reclamation Projects; Applications for Weather Modifications Permits; and Applications for Certificates of Convenience and Necessity), the executive director or his designee shall assign the application a number for identification purposes, and prepare a statement of the receipt of the application and declaration of administrative completeness which is suitable for publishing or mailing and shall forward that statement to the chief clerk. Upon receipt of an application for a new, amended, or renewed injection well permit, except those filed pursuant to sec.331.8 of this title (relating to Application Required for Existing Wells) for a new, amended, or renewed industrial solid waste permit or for a new or amended compliance plan as described in sec.281.2(3) and (4) of this title (relating to Applicability), the executive director or his designee shall assign the application a number for identification purposes and prepare a statement of the receipt of the application which is suitable for publishing or mailing and shall forward that statement to the chief clerk. The chief clerk shall notify every person entitled to notification of a particular application under the rules of the commission. (e) (No change.) (f) Notice of application and draft permit. Nothing in this section shall be construed so as to waive the requirement of notice of the application and draft permit in accordance with sec.sec.305.91-305. 105 of this title (relating to Actions, Notice, and Hearing) for applications for wastewater discharge, underground injection, and hazardous waste, municipal solid waste,
                                                  and industrial solid waste management permits. sec.281.18. Applications Returned. (a) (No change.) (b) For applications involving industrial, hazardous, or
                                                    [solid waste or] municipal [hazardous] waste, the executive director may extend the response time to a maximum of 270 days upon sufficient proof from the applicant that an adequate response cannot be submitted within 30 days. Unless there are extenuating circumstances, if an applicant does not submit an administratively complete application as required by this chapter, the application shall be considered withdrawn. However, if applicable,
                                                      the applicant is responsible for the cost of any notice provided pursuant to sec.281.17 of this title (relating to Notice of Receipt of Application and Declaration of Administrative Completeness) and the costs of such notice shall be deducted from any filing fees submitted by the applicant prior to return of the incomplete application. sec.281.21. Draft Permit, Technical Summary, Fact Sheet, and Compliance Summary. (a) The provisions of this section are applicable to applications for waste disposal activities conducted under the authority of the Texas Water Code, Chapters 26 and 27, and the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361
                                                        [Texas Civil Statutes, Article 4477-7.] (b)-(c) (No change.) (d) The executive director shall prepare a summary which describes the comliance status of persons applying for permits issued under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361
                                                          [Texas Civil Statutes, Article 4477-7]; the Injection Well Act, Texas Water Code, Chapter 27; and the Water Quality Control Act, Texas Water Code, Chapter 26. For applications filed under the Texas Solid Waste Disposal Act or the Injection Well Act, the summary shall include the applicant's compliance status with respect to rules, orders, or permits issued by the Texas Water Commission under the authority of both statutes. For applications filed under the Water Quality Control Act, the summary shall include the applicant's compliance status with respect to rules, orders, or permits issued by the Texas Water Commission under the authority of the Texas Water Code. Upon completion of technical review and prior to issuance of public notice in accordance with sec.sec.305.91-305.105 of this title (relating to Actions, Notice and Hearing), the executive director shall send the compliance summary, together with the draft permit and technical summary, if applicable, to the applicant and on request, to any other person. The compliance summary shall include information relative to the site which is the subject of the current application as well as other facilities owned or operated by the applicant which are under the commission's jurisdiction whether permitted or not. The summary shall cover at least the two-year period preceding the date on which technical review is complete and shall include: (1)-(6) (No chane.) (e) (No change.) Issued in Austin, Texas, on April 10, 1992. TRD-9204945 Mary Ruth Holder Director, Legal Division Texas Water Commission Effective date: April 10, 1992 Expiration date: August 8, 1992 For further information, please call: (512) 463-8069