ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 4. AGRICULTURE Part I. Texas Department of Agriculture Chapter 30. Young Farmer Loan Guarantee Program Subchapter A. General Procedures 4 TAC sec.30.6 The Board of Directors of the Texas Agricultural Finance Authority (TAFA) of the Texas Department of Agriculture adopts an amendment to sec.30.6, concerning the consideration of applications for loan guarantees under the Young Farmer Loan Guarantee Program, with changes to the proposed text as published in the November 23, 1993, issue of the Texas Register (18 TexReg 8639). Section 30.6 is adopted with changes to clarify that, although the appeals process is being deleted, loan guarantee applicants may still re-apply to the program. The amendment is adopted to make the loan guarantee applications process more efficient. The amendment will function by deleting references to an appeals process whereby applicants could seek review of denials of loan guarantee applications. One comment was received from the Texas Farm Bureau stating that while it is true that not all applicants will meet the necessary criteria to qualify for a loan guarantee, applicants that do meet the necessary criteria and are denied a loan should be given some type of review process to ensure that fairness within the system is maintained. The ability of applicants to re-apply to the program provides applicants with an opportunity to address objections raised in the loan guarantee denial, and attempt to cure those objections. This process ensures fairness in the system within the parameters of the amended rules, without the incorporation of an appeals process. The amendment is adopted under the Texas Agriculture Code (the Code), sec.253.007(e), which provides the Board of Directors of the Texas Agricultural Finance Authority with the same authority in administering the Young Farmer Loan Guarantee Program as it has in administering programs established by the board under the Code, Chapter 58, and the Code, sec.58.022, which provides the board with the authority to adopt rules and procedures for administration of its programs. sec.30.6. Filing Requirements and Consideration of Applications. (a)-(e) (No change.) (f) Denial of application. If the qualified application is denied by the board, the Authority will notify the eligible applicant and the lender in writing, identifying the reasons for denial. Applicants who have been denied may re-apply to the loan guarantee program. (g)-(h) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 16, 1994. TRD-9436378 Dolores Alvarado Hibbs Chief Administrative Law Judge Texas Department of Agriculture Effective date: March 10, 1994 Proposal publication date: November 23, 1993 For further information, please call: (512) 463-7583 TITLE 10. COMMUNITY DEVELOPMENT Part V. Texas Department of Commerce Chapter 172. Texas Rural Economic Development Program 10 TAC sec.sec.172.1-172.3, 172.6 The Texas Department of Commerce adopts amendments to sec. sec.172.1-172.3 and 172.6 of its Texas Rural Economic Development Program rules which implement the Texas Rural Economic Development Act authorized by Chapter 481, Subchapter F of the Texas Government Code. The rules are adopted without changes to the proposed text as published in the January 14, 1994, issue of the Texas Register (19 TexReg 247). No comments were received concerning adoption of the rules. Section 172.1(a) sets forth the General Provisions of the Program. Section 172.1(c) contains the definitions applicable to the Program. Section 172.1(d) of the General Provisions contains the conflict of interest standard. Section 172.1(e) contains the citation to the Texas Open Records Act, and sec.172.1(f) provides that communications concerning the Program should be directed to the Capital Development Section of the Texas Department of Commerce's Business Development Division. Section 172.2 allows the Texas Department of Commerce to guarantee not more than 90% of a loan made by a private lender or to make loans to fund a project. It provides that the Texas Department of Commerce will use at least 50% of the money in the fund to guarantee loans to projects located in cities of less than 15,000 inhabitants. Section 172.2(b) authorizes the Texas Department of Commerce to guarantee up to 90% of private lender loans of $25,000 to $50,000 and up to 75% of private lenders' loans in excess of $50,000. It also adds historically underutilized businesses to the list of projects/industries which are given preference for loans under the Texas Rural Economic Development Fund program. Section 172.2(c) allows the Texas Department of Commerce to make loan guarantees up to two times the amount available in the loan fund. Section 172. 3(a) enables the Texas Department of Commerce to guarantee loans under the Program which create one new job for every $25,000 guaranteed by the loan fund. Section 172.6 contains the General Terms and Conditions of the Texas Department of Commerce's Financial Commitment under the Program. It decreases the minimum loan that can be guaranteed to $25,000 to encourage more rural loan activity. It further provides that the Texas Department of Commerce will not guarantee more than 75% of a loan in excess of $50,000. Section 172.6(h) increases the guarantee fee payable to the Texas Department of Commerce by the lender to 2.0%. Sections 172.1-172.3 and 172.6 are adopted under the authority of the Texas Government Code, sec.sec.481.005, 482.084, 481.0842(b), and 481.101, which sections provide statutory authority to the Texas Department of Commerce to establish rules to administer the Texas Rural Economic Development Program, and the Administrative Procedure Act, Subchapter B. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 15, 1994. TRD-9436382 Deborah C. Kastrin Acting Executive Director Texas Department of Commerce Effective date: March 10, 1994 Proposal publication date: January 14, 1994 For further information, please call: (512) 320-9401 TITLE 16. ECONOMIC REGULATION Part IV. Texas Department of Licensing and Regulation Chapter 69. Manufactured Housing Titling 16 TAC sec.sec.69.202, 69.204, 69.207 The Texas Department of Licensing and Regulation adopts amendments to sec.sec.69.202, 69.204, and 69.207, concerning the titling of manufactured homes, without changes to the proposed text as published in the January 14, 1994, issue of the Texas Register (19 TexReg 256). Section 69.202 and sec.69. 207 delete the requirement that fees be paid by a cashier's check or money order, while sec.69.204 deletes the requirement to write the word "none" in spaces on certain title forms if they do not apply. The amendments will clarify existing rules which will make the titling process more efficient. One comment in favor of the amendments was received from the Texas Manufactured Housing Association during the comment period. The amendments are adopted under Texas Civil Statutes, Article 5221f, which provide the Texas Department of Licensing and Regulation with the authority to promulgate and enforce a code of rules and take all action necessary to assure compliance with the intent of the Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 14, 1994. TRD-9436354 Jack W. Garison Executive Director Texas Department of Licensing and Regulation Effective date: March 9, 1994 Proposal publication date: January 14, 1994 For further information, please call: (512) 463-7357 TITLE 30. ENVIRONMENTAL QUALITY Part I. Texas Natural Resource Conservation Commission Chapter 305. Consolidated Permits Subchapter C. Application for Permit 30 TAC sec.305.53 The Texas Natural Resource Conservation Commission (commission) adopts amendments to sec.305.53, concerning application fees for permits for waste/wastewater disposal, without changes to the proposed text as published in the September 28, 1993, issue of the Texas Register (18 TexReg 6624). The previous fee structure for permit applications did not cover the administrative costs associated with processing permit applications. The 72nd Legislature amended sec.5.235, Texas Water Code, through House Bill 1, General Appropriations Act, to increase application fees of $100 up to a maximum of $2, 000 to help cover these costs. Accordingly, the rule divides application fees into distinct categories according to type of facility and type of authorization requested. These categories are direct indicators of time and effort to process an application. Types of facilities include: agricultural, domestic, municipal storm water, and industrial. Under each category, fees are determined by the type action requested. For example, an application for a new permit for a domestic wastewater facility to discharge one million gallons a day or more must be accompanied by a fee of $2,000, the maximum fee allowable. On the other hand, minor amendments to existing permits, which are generally less complicated projects than other types of applications for new or amended permits, have the lowest fee, i.e., $100, in each application category. New permit applications, amendment applications, and renewal applications are treated equally with regard to fees because the amount of effort involved to evaluate these types of applications is basically the same. One comment was received relating to the proposed rule. This comment was submitted by Texas Utilities Services, Inc., on behalf of Texas Utilities Electric Company, Texas Utilities Mining Company, and Texas Utilities Fuel Company. The comment expressed disagreement with the commission's finding that applications for certain amendments and renewals be assessed the same fee for an application for a new permit because they all involved similar amounts of agency time and effort to process. Additionally, the comment indicated that the application fee for any permit amendment, whether for a major or minor amendment, should be the same if the facility were subject to the categorical standards of the U.S. Environmental Protection Agency (EPA). The commission respectfully disagrees with this comment. The fee structure accurately reflects agency administrative costs in processing the different categories of applications. Because of the need to reevaluate existing permit parameters in light of new water quality standards, state and federal regulations, and other changes, the processing of a renewal application requires a similar amount of time and effort as does an application for a new permit or major amendment to an existing permit. EPA definitions categorizing type of facility as "major" is irrelevant to commission time and effort necessary to process an application. This amended section is adopted under the Texas Water Code, sec.sec.5.102, 5. 105, and 5.120, which provides the Texas Natural Resource Commission with the authority to adopt any rules necessary to carry out its powers and duties under the Code and all other laws of the state of Texas. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on February 17, 1994. TRD-9436396 Mary Ruth Holder Director, Legal Division Texas Natural Resource Conservation Commission Effective date: March 10, 1994 Proposal publication date: September 28, 1993 For further information, please call: (512) 463-8069