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 10. COMMUNITY DEVELOPMENT 
 Part V. Texas Department of Commerce 
  Chapter 196. Tourism Advisory Committee Rules 
  
  10 TAC sec.sec.196.1-196.16 
 
  The Texas Department of Commerce adopts new sec.sec.196.1-196.16 as Tourism 
Advisory Rules, without changes to the proposed text as published in the June 
14, 1994, issue of the Texas Register (19 TexReg 4616). 
 Adoption of the rules will enable the public to have information concerning the 
role of the Tourism Advisory Committee in assisting the Texas Department of 
Commerce's Tourism Division in fulfilling its role of promoting Texas as a 
tourism destination. 
 The rules set forth the mission of the advisory committee; the composition 
thereof, including qualifications for regular and ex-officio members; the 
minimum number of meetings; the method of reporting to the agency; and the 
manner and date of dissolution of the advisory committee. The rules also provide 
that the advisory committee is subject to the Texas Open Records Act and that 
the Texas Department of Commerce will provide staff to support the advisory 
committee. 
 No comments were received regarding adoption of the new rules. 
 The new rules are adopted under the authority of sec. sec.481.0044, 481.005, 
and 481.007 of the Texas Government Code; Article 6252-33, Texas Civil Statutes; 
and the Administrative Procedure Act, Chapter 2001 of the Texas Government Code. 
 
  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 December 13, 1994. 
 TRD-9452363 
  Deborah C. Kastrin 
 Executive Director 
 Texas Department of Commerce 
    Effective date: January 3, 1995 
 Proposal publication date: June 14, 1994 
 For further information, please call: (512) 936-0178 
         
             
  TITLE 16. ECONOMIC REGULATION 
 Part I. Railroad Commission of Texas 
  Chapter 5. Transportation Division 
  
  Subchapter B. Commercial Carriers 
 
  16 TAC sec.sec.5.21-5.46 
 
  The Railroad Commission of Texas adopts the repeal of Subchapter B, sec.sec.5. 
21-5.46, without changes to the text as published in the November 8, 1994, issue 
of the Texas Register (19 TexReg 8825), and adopts new Subchapter EE, 
sec.sec.5.1001-5.1005, 5.1013-5.1015, and 5.1018-5.1020, with changes to the 
text published in the November 8, 1994, issue of the Texas Register (19 TexReg 
8825). The text of the repeals will not be republished. 
 The adopted action involves the repeal of all sections within Subchapter B, and 
the adoption of certain sections formerly within Subchapter B as new sections 
within Subchapter EE. Other sections within Subchapter B that are no longer 
applicable pursuant to federal deregulation legislation contained in H. R. 2739, 
enacting Title VI of the Federal Aviation Administration Authorization Act of 
1994, effective January 1, 1995, are not being adopted as new sections within 
Subchapter EE. The federal legislation includes a federal preemption over any 
state's regulation of prices, routes, or services of most motor carriers 
performing for-hire transportation. This repeal of sec.sec.5.21-5. 46 is adopted 
in order to provide for the adoption of a new Subchapter B, concerning 
Commercial Carriers, which will contain new rules for use by the Railroad 
Commission of Texas. 
 Proposed new sec.sec.5.1006, 5.1007, 5.1008, 5.1009, 5.1010, 5.1011, 5.1012, 5. 
1016, 5.1017, 5.1021, 5.1022, 5.1023, 5.1024, 5.1025, and 5.1026, are not being 
adopted by the commission. Proposed new sec.sec.5.1001-5.005, 5.1013-5.1015, and 
5.1018-5.1020 are being adopted by the commission. The text of the adopted 
sections will not be republished. 
 The repeal of Subchapter B and the adoption of new Subchapter EE will permit 
the proposed adoption of a new subchapter B, effective January 1, 1995, 
concerning registration, insurance, and safety requirements for commercial 
carriers. 
 A public hearing was held to receive comments on the proposed repeal and the 
proposed new subchapter on December 1, 1994. Comments on the proposed repeal and 
new Subchapter EE are summarized as follows: 
 Two comments were received. Both comments opposed the re-enactment of 
Subchapter B as Subchapter EE, on the basis that the federal deregulation 
legislation would make all of proposed Subchapter EE obsolete. One comment 
specifically urged that proposed  sec.5.1013, concerning contract carriers, not 
be adopted. 
 The commission disagrees that all of proposed Subchapter EE is preempted by the 
federal deregulation legislation, because this legislation does not apply to the 
transportation of household goods or to motor bus companies. Several of the 
proposed sections in proposed Subchapter EE are applicable to transporters of 
household goods and to motor bus companies; consequently, the commission is 
adopting those sections of proposed Subchapter EE that bear on household goods 
transporters and motor bus companies. 
 No groups or associations commented regarding adoption of the repeals and new 
Subchapter EE. 
 Sections 5.21-5.46 within existing Subchapter B are repealed pursuant to the 
Texas Motor Carrier Act, Texas Civil Statutes, Article 911b, which authorizes 
the commission to prescribe rules and regulations for the operations of motor 
carriers. 
 
  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 December 12, 1994. 
 TRD-9452385 
  Mary Ross McDonald 
 Assistant Director, Legal Division, Gas Utilities/LP Gas 
 Railroad Commission of Texas 
    Effective date: January 3, 1995 
 Proposal publication date: November 8, 1994 
 For further information, please call: (512) 463-7094 
         
         
  Subchapter EE. Operating Certificates, Permits and Licenses 
 
  16 TAC sec.sec.5.1001-5.1005, 5.1013-5.1015, 5.1018-5.1020 
 
  The new sections are adopted under the Texas Motor Carrier Act, Texas Civil 
Statutes, Article 911b, which authorizes the commission to prescribe rules and 
regulations for the operations of motor carriers. 
 
 
  sec.5.1001. Compliance with Laws and Regulations. All motor carriers, motor 
transportation brokers, and motor bus companies shall conduct their operations 
in accordance with all applicable laws of the State of Texas and all applicable 
regulations of the commission. All certificates, permits, and licenses issued by 
the commission are subject to applicable provisions of law and of these 
regulations as fully as if said laws and said regulations were set forth 
verbatim in each certificate, permit, and license. 
 
   
  sec.5.1002. Prohibition of Unauthorized Services. No motor carrier, motor 
transportation broker, or motor bus company shall perform any service or 
services within the jurisdiction of the commission except those which are 
authorized by a certificate, permit, or license issued by the commission, or 
specifically authorized by these regulations for the class of which it is a 
member. 
 
   
  sec.5.1003. Call and Demand Service. All motor carriers shall have authority, 
unless expressly prohibited by their respective certificates or permits, to 
render, in accordance with applicable tariff provisions, call and demand service 
upon the routes or within the territories upon or within which they are 
authorized to render service by their respective certificates or permits. 
 
   
  sec.5.1004. Use of Highways. 
 
  (a) Each motor carrier and each motor bus company shall use only those 
highways which are authorized by its respective certificates or permits. 
However, motor carriers and motor bus companies which operate in both interstate 
and intrastate commerce are not required to secure additional authority from the 
commission to use in interstate commerce any highway which is included in the 
intrastate operating authority granted by a certificate or permit issued by the 
commission. 
   
  (b) All motor carriers and motor bus companies duly authorized to perform 
operations in interstate or foreign commerce in Texas pursuant to the provisions 
of the Interstate Commerce Act are hereby authorized to use the highways of this 
state to perform interstate operations within the commercial zone of any 
municipality, as provided by the order of the Interstate Commerce Commission in 
ex parte MC-37, 49 U.S.C. sec.10526. 
 
     
  sec.5.1005. Pick Up and Delivery Service.  All motor carriers are hereby 
authorized, as an incident to the services authorized by their respective 
certificates or permits, to render pick-up and delivery services to and from 
located within the pick-up and delivery zones prescribed by the commission in 
applicable tariffs. 
 
   
  sec.5.1013. Contract Carriers.  A contract carrier permit shall not authorize 
the performance of transportation services for more than 15 shippers, unless it 
is issued to a truckload contract carrier as that term is defined in sec.5.1126 
of this title (relating to Truckload Contract Carriers). A truckload contract 
carrier permit cannot be limited as to the number of parties or eligible 
contracts to be served under such permit. 
 
   
  sec.5.1014. Duplication of Operating Authority. From and after the effective 
date of these regulations, no motor carrier shall be granted in any proceeding 
operating authority duplicative of that held by such carrier under any existing 
certificate or permit; provided, however, that with respect to an application 
for approval of the sale and transfer of operating authority which in part is 
duplicative of authority already possessed by the purchaser, the commission may 
by its order approve the sale and transfer, but provide for merger of the 
duplicative portion of said authority. 
 
   
  sec.5.1015. Joinder of Motor Carrier Certificates.  A specialized motor 
carrier may not render a coordinated or through service not authorized by any 
single certificate by virtue of tacking, joining, or combining operations 
authorized under two or more separately granted specialized motor carrier 
certificates, or under two or more separately granted portions of a consolidated 
certificate, unless after notice and hearing the commission has found that 
public convenience and necessity require such coordinated or through service and 
has specifically authorized same. 
 
   
  sec.5.1018. Cancellation, Suspension, and Reinstatement of Intrastate 
Certificates or Permits. 
 
  (a) Conditions under which authority may be involuntarily suspended or 
canceled. The intrastate certificate or permit of a motor carrier or motor bus 
company shall be subject to cancellation under any of the following conditions: 
 
  (1) failure to provide evidence of continuous insurance or surety bond 
coverage as required by sec.5.181 of this title (relating to Evidence of 
Insurance Required); 
   
  (2) failure to maintain the required continuous insurance or surety bond 
coverage during the time the motor carrier or motor bus company holds an 
intrastate certificate or permit; 
   
  (3) failure to file an annual operating report as required by sec.5.81 of this 
title (relating to Annual Report Required); 
   
  (4)  failure to register equipment as required by  sec.5.151 of this title 
(relating to Cab Cards); 
   
  (5) failure to renew voluntary suspension or reactivate a suspended 
certificate or permit upon termination of voluntary suspension under the 
provisions of sec.5.307 of this title (relating to Voluntary Suspensions). 
     
  (b) Notice of insurance violation. Upon receipt by the commission of 
notification pursuant to sec.5.185 of this title (relating to Termination) that 
a motor carrier or motor bus company's surety bond, policy, or certificate of 
insurance will terminate after 30 days, the commission shall send a letter by 
first class mail advising the motor carrier or motor bus company that upon 
termination of such insurance it must cease all operations under its certificate 
or permit. 
   
  (c) Notice of other violation. If any of the conditions enumerated in 
subsection (a)(2) and (4) of this section arises, the commission shall notify 
the motor carrier or motor bus company that its certificate or permit is subject 
to cancellation. Notification that a certificate or permit is subject to 
cancellation shall be by publication in the Transportation Division notice. 
   
  (d) Extension of time for compliance. A certificate or permit shall not be 
subject to cancellation for noncompliance with insurance requirements if, prior 
to the termination of its current insurance, the motor carrier or motor bus 
company files proof of insurance in accordance with sec.5.184 of this title 
(relating to Insurance Carrier). The time for filing such proof of insurance may 
be extended for 30 days, during which time the certificate or permit will remain 
in good standing if, prior to the termination of its current insurance, the 
motor carrier or motor bus company files a certificate of insurance or a copy of 
an insurance policy, indicating new insurance at least equal in coverage to the 
current minimum levels established by the commission. For good cause, the period 
for filing operating reports, registering equipment, or for otherwise complying 
with applicable laws and regulations may be extended, in writing by the 
director, a maximum of 60 days, during which time the certificate or permit 
shall remain in good standing if a request for extension is filed with the 
commission prior to the carrier's certificate or permit having been made subject 
to cancellation. 
   
  (e) Return to good standing prior to cancellation. 
 
  (1) A certificate or permit which is subject to cancellation under this 
section for failure to provide evidence of continuous insurance or surety bond 
coverage as detailed in subsection (a)(1) of this section may be returned to 
good standing by the director if, before the issuance of a commission order 
canceling, suspending, or amending the certificate or permit, the holder of the 
certificate or permit files proof that the condition which made the certificate 
or permit subject to cancellation under subsection (a)(1) has been corrected, 
together with a fee in the amount of $1.00 for each day prior to filing under 
this subsection during which time the certificate or permit was subject to 
cancellation. Proof that there has been no lapse in insurance or surety bond 
coverage, only a failure to provide the commission with evidence of this 
coverage, shall include: 
 
  (A) an affidavit duly executed by the insurance agent; or 
   
  (B) a certificate of insurance from the insurance agent; or 
   
  (C)  any other evidence deemed acceptable by the commission. 
     
  (2) A certificate or permit which is subject to cancellation under this 
section for failure to maintain the required continuous insurance or surety bond 
coverage as detailed in subsection (a)(2) of this section may be returned to 
good standing by the director if, before the issuance of a commission order 
canceling, suspending, or amending the certificate or permit, the holder files 
proof that the condition which made the certificate or permit subject to 
cancellation under this subsection has been corrected, together with a fee in 
the amount of $10 for each day prior to filing under this subsection during 
which time the certificate or permit was subject to cancellation. Proof that the 
condition has been corrected shall include an affidavit duly executed by the 
holder of the certificate or permit showing that: 
 
  (A) no accidents or losses have occurred; and 
   
  (B) no claims have arisen; or 
   
  (C) all damages, losses, and claims so arising have been satisfied. 
     
  (3) A certificate or permit which is subject to cancellation under this 
section for failure to: 
 
  (A) file an annual operating report; 
   
  (B) failure to register equipment; and/or 
   
  (C) failure to renew voluntary suspension or reactivate a suspended 
certificate or permit upon termination of voluntary suspension as detailed in 
subsection (a)(2)-(4) of this section, respectively, may be returned to good 
standing by the director if, prior to the issuance of a commission order 
canceling, suspending, or amending the certificate or permit, the holder of the 
certificate or permit files proof that the condition which made the certificate 
or permit subject to cancellation under subsection (a)(2)-(4) has been 
corrected, together with a fee in the amount of $10 for each day prior to filing 
under this subsection during which time the certificate or permit was subject to 
cancellation. 
       
  (f) Cancellation. The commission may cancel, suspend, or amend any certificate 
or permit which is subject to cancellation under this section. No certificate or 
permit shall be canceled, suspended, or amended without notice by certified 
letter mailed to the carrier's current address on file with the Railroad 
Commission pursuant to sec.5.39 of this title (relating to Address for Receipt 
of Service) setting a time and place for hearing at which any interested party 
may appear to show cause why the certificate or permit should not be canceled. 
   
  (g) Surrender of certificates and permits, cards and plates, and cessation of 
operations. Upon issuance of a commission final order canceling or suspending a 
certificate or permit, the carrier shall immediately return the certificate or 
permit, together with all cab cards in the carrier's possession, to the 
commission or to any duly authorized representative of the commission. The motor 
carrier or motor bus company shall concurrently cease all operations under the 
certificate or permit. 
   
  (h) Reinstatement after cancellation. 
 
  (1)  Reinstatement of certificates or permits canceled before enactment of 
this section. Certificates and permits canceled prior to enactment of this 
section shall be final for all purposes. Such certificates or permits cannot 
thereafter be reinstated. 
   
  (2) Reinstatement of certificates or permits canceled after enactment of this 
rule. 
 
  (A) Commission may provide for reinstatement in cancellation order. The 
Commission may, in the order canceling a certificate or permit, provide that the 
certificate or permit may be reinstated if the holder files a reinstatement 
application within a specified period of time following issuance of the 
cancellation order. 
   
  (B) Reinstatement authority of director. The Commission, in the order 
canceling a certificate or permit, may provide that the certificate be 
reinstated by the director. Under this subsection, the director shall reinstate 
a canceled certificate where the holder of the canceled certificate files with 
the Transportation Division: 
 
  (i) an application requesting reinstatement within the period provided in 
subparagraph (C) of this paragraph; 
   
  (ii) evidence of insurance or surety bond coverage as required by sec.5.181 of 
this title (relating to Evidence of Insurance Required); 
   
  (iii) evidence that all fees have been paid; 
   
  (iv) an equipment report as required by sec.5.151 of this title (relating to 
Equipment Reports); and 
   
  (v) an annual operating report as required by sec.5.81 of this title (relating 
to Annual Report Required). 
     
  (C) Deadline for filing reinstatement applications. The deadline for filing of 
reinstatement applications specified in the cancellation order shall not be 
later than two years after the issuance of the cancellation order. 
   
  (D) Reinstatement fee. 
 
  (i) No application for reinstatement of a certificate or permit canceled for 
failure to provide evidence of continuous insurance or surety bond coverage as 
detailed in subsections (a)(1) and (f) of this section shall be granted unless 
the applicant shall pay to the commission a reinstatement fee in the amount of 
$1.00 for each day prior to the filing of the reinstatement application during 
which time the certificate or permit was subject to cancellation. 
   
  (ii)  No application for reinstatement of a certificate or permit canceled for 
failure to maintain the required continuous insurance or surety bond coverage, 
failure to file an annual operating report, failure to register equipment, 
and/or failure to renew voluntary suspension or reactivate suspended certificate 
or permit upon termination of voluntary suspension as detailed in subsection 
(a)(2)-(5) of this section, respectively, and subsection (f), shall be granted 
unless the applicant shall pay to the commission a reinstatement fee in the 
amount of $10 for each day prior to the filing of the reinstatement application 
during which time the certificate or permit was subject to cancellation. 
 
           
  sec.5.1019. Address for Receipt of Service. Every holder of a certificate or 
permit issued by the Railroad Commission shall at all times maintain on file 
with the commission their address for receipt of service in all Railroad 
Commission proceedings. The address most recently filed shall be presumed 
conclusively to be the current address of the holder for all purposes. 
 
   
  sec.5.1020. Intercorporate Transportation Exemption. 
 
  (a)  Statutory exemption provisions. The transportation by motor vehicle for 
compensation by a member of a corporate family, as hereinafter defined, for 
other members of such corporate family of property which one member of the 
corporate family leases for use in its primary business, or of which one member 
of the corporate family is, or will become upon delivery, the bona fide owner, 
manufacturer, or producer, and which is produced, manufactured, or distributed 
as part of such corporate family member's primary business, other than a 
transportation business shall be authorized under a certificate of notice issued 
by the commission upon compliance with the terms of this section. 
   
  (b) Definition of corporate family. A corporate family is defined as a group 
of corporations consisting of a parent corporation and all subsidiaries in which 
the parent corporation owns directly or indirectly a 100% interest. 
   
  (c) Application for certificate of notice. Before engaging in the 
transportation defined in subsection (a) of this section, the parent corporation 
shall file with the commission the following: 
 
  (1)  an application for a certificate of notice in a form prescribed by the 
commission on behalf of the corporate member that is to provide the 
transportation together with a list of the subsidiaries involved and an 
affidavit that the parent corporation owns directly or indirectly a 100% 
interest in each of the participating subsidiaries; 
   
  (2) a certificate of insurance which covers all motor vehicles to be used in 
the transportation with public liability and property damage insurance in the 
amounts required by sec.5.183 of this title (relating to Minimum Limits). Each 
certificate of insurance filed with the commission shall be accompanied by a 
filing fee of $25, which fee shall be in addition to that required in paragraph 
(4) of this subsection; 
   
  (3) a statement identifying the primary business of the parent corporation and 
each participating subsidiary; and 
   
  (4) a $100 filing fee. 
     
  (d) Certificate of notice. A certificate of notice as defined in subsection 
(a) of this section shall be issued in the name of the corporation that provides 
the transportation and shall be carried in the cab of all vehicles used to 
conduct intercorporate transportation as defined in subsection (a) of this 
subsection. 
   
  (e) Inspection of books and records. Any corporation electing to engage in the 
transportation authorized hereunder shall be deemed to have given its consent to 
allow authorized employees or representatives of the commission to inspect the 
books and records of all members of the corporate family engaging in such 
transportation for the sole purpose of insuring that all exempt transportation 
provided other members of the corporate family is in strict conformity with the 
provisions of this section. 
   
  (f) Transfers. A certificate of notice issued under this section is not 
transferable. 
   
  (g) Conditions under which a certificate of notice shall be canceled. A 
certificate of notice shall be canceled for failure to provide evidence of 
continuous insurance as required by  sec.5.181 of this title (relating to 
Evidence of Insurance Required); for failure to maintain the required continuous 
insurance coverage during the time the certificate of notice is held; or for 
failure to comply with subsection (e) of this section. 
 
  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 December 12, 1994. 
 TRD-9452386 
  Mary Ross McDonald 
 Assistant Director, Legal Division, Gas Utilities/LP Gas 
 Railroad Commission of Texas 
    Effective date: January 3, 1995 
 Proposal publication date: November 8, 1994 
 For further information, please call: (512) 463-7086 
         
           
  16 TAC sec.sec.5.21-5.32 
 
  The Railroad Commission of Texas adopts new sec.sec.5.21-5.32, within new 
Subchapter B, concerning commercial carriers. Sections 5.21, 5.22, and 5.24 are 
adopted with changes to the text as published in the November 8, 1994, issue of 
the Texas Register (19 TexReg 8836). Sections 5.23, and 5.25-5. 32 are adopted 
without changes to the text as published in the November 8, 1994, issue of the 
Texas Register (19 TexReg 8836). 
 The new sections are adopted to address recent federal deregulation legislation 
contained in House Bill 2739, enacting Title VI of the Federal Aviation 
Administration Authorization Act of 1994, effective January 1, 1995. The federal 
legislation includes a federal preemption over any state's regulation of prices, 
routes, or services of most motor carriers performing for-hire transportation. 
New sec.sec.5.21-5.32, within new Subchapter B create a system of registration 
for commercial motor vehicles, and insurance and safety requirements, to be 
effective January 2, 1995. 
 Within new sec.5.21, a new paragraph (J) is being added as an exception to the 
definition of "commercial motor vehicle." The new paragraph makes it clear that 
motor buses are not commercial motor vehicles and will not register or otherwise 
be subject to the provisions of new Subchapter B. The commission intends to 
revise its regulations concerning motor bus companies, and intends to include 
motor buses within those provisions rather than to treat them as commercial 
carriers under these proposed rules. A new paragraph (K) is being added as an 
exception to the definition of "commercial motor vehicle," clarifying that 
recreational vehicles are not commercial motor vehicles and will not be required 
to register or otherwise be subject to the provisions of new Subchapter B. 
 In sec.5.22, a new subsection (b) is being added, to provide transition rules 
for motor carriers currently operating under certificates of public convenience 
and necessity, permits, or commercial motor vehicle registration with the 
commission under the Texas Motor Carrier Act. The new subsection (b) states that 
motor carriers currently operating under certificates of public convenience and 
necessity, permits, or registered commercial vehicles do not have to register as 
commercial carriers on January 1, 1995, but may continue to operate until the 
expiration date of their existing cab cards, after which time they will need to 
register as commercial carriers. Such carriers will be required to comply with 
all other requirements of the new Subchapter B from and after January 2, 1995. 
New language is also being added to sec.5.22(a) to provide that such motor 
carriers may continue to operate under the transition provisions of sec.5.22(b). 
The remaining subsections have been relettered to accommodate new sec.5.22(b). 
Section 5.22(e) is being deleted in its entirety, because any need for required 
identifying marks on power units is outweighed by the substantial expense to 
commercial carriers of placing such marks on each commercial motor vehicle 
operated by a commercial carrier and because of existing statutory requirements 
for markings in Texas Civil Statutes, Article 6701c-1 sec.6. Section 5.22(f) is 
being amended to clarify that a violation of any federal or state safety 
regulations is a violation of Subchapter B. Section 5.22(j) is being amended to 
substitute "legal agent for service of process" for "ownership" in the 
information to be supplied the commission by a commercial carrier, because this 
information would be more helpful if it becomes necessary to serve a commercial 
carrier with process or other legal notice. 
 Section 5.24(c) is being amended to require minimum insurance coverage in the 
amount of $500,000 for combined single limit for bodily injuries to or death of 
all persons killed in any accident, and loss or damage in any one accident to 
the property of others (excluding cargo), for all commercial carriers, without 
regard to the weight of the commercial motor vehicles, exclusive of certain 
transporters of hazardous wastes, hazardous materials, and hazardous substances, 
as described in sec.5.24(d). Subsection (e) is being amended to clarify that 
notification of cancellation of insurance coverage must come from the insurer, 
in keeping with proposed sec.5.27. 
 The adoption of the new sections within new Subchapter B will streamline the 
registration process for commercial motor vehicles and clarify for the public 
the registration, insurance, and safety requirements for commercial motor 
vehicles. In addition, the adoption of the new sections within new Subchapter B 
will ensure that commercial motor vehicles have adequate insurance coverage and 
comply with safety requirements for the public's protection. 
 A public hearing was held to receive comments on the proposed rules on December 
1, 1994. Written and oral comments were received to the proposed rules. Comments 
to the proposed rules are summarized as follows: 
 (1) The definition of "commercial carrier" should be amended to exclude from 
the definition those commercial carriers and/or household goods carriers that 
operate wholly within commercial zones as defined in Subchapter P of this title, 
because such regulation is unnecessary, and is thus not contemplated under the 
federal deregulation legislation. The commenter states that the public would 
still be protected, because proof of insurance is required before a motor 
vehicle can receive its license plates. The commenter also suggests that no 
identifying marks be required on commercial motor vehicles operating exclusively 
within a commercial zone, because such constitutes unnecessary governmental 
regulation. 
 (2) The definition of "commercial motor vehicle" should be changed to provide 
that all motor vehicles that provide for-hire courier service to the public are 
commercial motor vehicles, without regard to the gross weight rating of such 
vehicles. The commenter states that many courier services hire drivers who own 
and operate private passenger cars or light trucks, and that these vehicles 
often do not have commercial insurance coverage. The commenter points out that 
insurance companies are not obligated to pay claims when the such claims arise 
from an accident occurring during a commercial delivery. 
 (3) The definition of "commercial motor vehicle" should not have any 
distinguishing criteria as regards the weight of a vehicle. The commenter states 
that any vehicle that is commercial in nature should be subject to the 
registration process, and that no exemptions should be allowed. 
 (4) Any commercial carrier that is required to register with any other state 
agency in a manner equivalent to the proposed rules should be exempted from this 
system of registration, so as to avoid unnecessary regulation. The commenter 
suggests that transporters of medical waste are required to register under Texas 
Natural Resource Conservation Commission rules and that there are differences in 
the registration systems that can be easily corrected. The Texas Natural 
Resource Conservation Commission does not provide for insurer notification upon 
cancellation of coverage or administrative penalties; however, the commenter 
states that the Texas Natural Resource Conservation Commission would be 
receptive to changing its rules to accommodate these topics. 
 (5) The minimum limits of financial responsibility should be the same for all 
commercial vehicles, and these limits should be equal to the federal limits or, 
at the very least, be $500,000. Several commenters state that the proposed 
minimum limits of financial responsibility for commercial carriers with a gross 
weight rating of 26,001-48,000 pounds are wholly inadequate. The commenters also 
state that the amount of damage that could be caused by a commercial motor 
vehicle with a gross weight rating of 48,000 pounds would be virtually identical 
to that of a commercial motor vehicle with a gross weight rating of 48,001 
pounds, so that any distinction is arbitrary and contrary to free-market 
competition. Commenters also suggest that different insurance requirements will 
cause under-reporting of gross weight ratings by commercial carriers in an 
attempt to take advantage of the lower insurance requirements, thus creating a 
danger to the public in the form of underinsured commercial motor vehicles being 
operated on state roadways. One commenter also states that, for drivers with 
good driving records, it could cost as little as $500 to go from $20,000 worth 
of insurance coverage to $500,000 worth of insurance coverage. 
 (6) Better assurances should be given to the public that a commercial carrier 
has adequate, active insurance coverage. Comments suggest that a commercial 
carrier could cancel its insurance coverage and that, despite the 30-day 
cancellation notice requirement from the insurance company to the commission, 
the public would not be able to tell that insurance has been cancelled, because 
the commercial carrier would still be in possession of an insurance company 
issued card indicating that the commercial carrier is insured. Similarly, 
comments suggest that a cab card could appear to be valid, leading a shipper to 
assume that a commercial carrier is properly insured when, in fact, such 
commercial carrier's insurance coverage may have been cancelled. 
 (7) The commission should promulgate a form for insurance companies to submit 
to the commission regarding evidence of insurance coverage for a commercial 
carrier that is expressly limited to coverage for named vehicles within a 
policy, and that does not obligate an insurance company to cover, generally, a 
particular commercial carrier's commercial motor vehicles. The commenter states 
that federal deregulation removes the safeguards formerly afforded an insurance 
company by virtue of the commission's determination of a carrier's fitness to 
operate in regulated transportation. 
 (8) More detailed and stringent safety regulations should be in the rules, 
including safety training requirements for drivers of commercial motor vehicles 
and equipment specifications. A commenter also states that the commission should 
conduct equipment inspections to ascertain safety violations. 
 (9) Section 5.29 should be deleted, because the commission has no statutory 
authority to regulate insurance agents and because an international stamp 
program is contrary to state and federal statutes. The commenter states that 
there is pending litigation on this issue. As further support for deleting 
sec.5.29, the commenter asserts that the section will cause insurance agents to 
break the law and to lose legitimate business. 
 (10) Product liability insurance coverage should be required for any commercial 
carrier operating homemade equipment. 
 (11) There should be reciprocal agreements with surrounding states regarding 
the registration process. 
 (12) The commission should add a rule to provide for increased personnel to 
enforce the proposed rules. 
 (13) Tow trucks should not be required to register under this proposed system. 
A comment was also received that tow trucks should be required to register under 
the proposed system. 
 (14) Interstate carriers should not be allowed to make intrastate movements in 
Texas using single trip insurance, but should be required to register and obtain 
the required insurance as specified in proposed Subchapter B. The commenter 
states that interstate carriers should be required to share in the cost of 
insurance rates that Texas businesses are required to pay. 
 (15) Provision should be made for the transition from renewal of cab cards 
under the current rules to the registration process under proposed new 
Subchapter B. 
 (16) The commission should add rules that would be optional to commercial 
carriers desiring to operate under such rules, to deal with cargo claims, 
credit, and uniform bill of lading provisions. 
 (17) The federal deregulation legislation does not apply to intrastate 
regulation of hazardous waste; therefore, carriers of hazardous waste should be 
removed from the proposed system of registration and continue to be regulated as 
specialized motor carriers under the Motor Carrier Act. 
 (18) The commission should not require original cab cards to be maintained in 
commercial motor vehicles, because this places an unwarranted financial burden 
on commercial carriers. The commenter states that if there is a delay in 
receiving a cab card, a commercial motor vehicle would be non-productive, and 
the commercial carrier would lose revenue. The commenter suggests that the 
commission use an expediting service or fax cab cards to commercial carriers. 
 (19) Although household goods carriers are exempted from the definition of 
"commercial motor vehicle," the commission should also exempt such carriers from 
the definition of "commercial carrier," to further clarify that household goods 
carriers are not subject to the proposed registration system. The commenter also 
states that the commission should specify that if a household goods carrier also 
carries commodities other than household goods, it does not have to register as 
a commercial carrier under the proposed new Subchapter B. 
 Other comments were received relating to the state's reaction to the federal 
deregulation legislation, which comments are not susceptible to being addressed 
within the rulemaking function of the commission. 
 The commission disagrees with the portion of comment (1) that concerns an 
exemption for commercial carriers operating exclusively within a commercial 
zone. Metropolitan areas, which comprise commercial zones, are high-traffic 
areas, and the need for adequate insurance coverage and safety practices are 
greater in these areas than in rural, less congested areas of the state. The 
commission agrees with the portion of comment (1) that concerns identifying 
marks on vehicles, and has deleted that requirement because of a similar 
requirement in Texas Civil Statutes, Article 6701c-1 sec.6. 
 The commission disagrees with comment (2), concerning classifying all motor 
vehicles operating in courier service as commercial motor vehicles, and with 
comment (3), concerning eliminating the gross weight restriction from the 
definition of commercial motor vehicles. Texas Civil Statutes, Article 6701d 
sec.139(a)(2) establishes the scope of commission jurisdiction over commercial 
motor vehicles as limited to commercial motor vehicles with a gross weight 
rating of 26,001 pounds or more, with an exception for transporters of hazardous 
wastes, materials, or substances. Consequently, the commission has no statutory 
authority to promulgate rules with respect to vehicles with gross weight ratings 
of 26,000 pounds or less. 
 The commission agrees with comment (4) to the extent that it would be willing 
to consider future exemptions for any commercial motor vehicle that is required 
to comply with another state agency's requirements that are equivalent to those 
being proposed in Subchapter B; however, the commission has no information 
indicating that any group of commercial carriers is required to comply with 
another agency's rules that are equivalent to these proposed rules. The 
commission disagrees that it should provide for an exemption contemplated by 
comment (4), absent the opportunity to study any other agency's rules to 
determine whether such rules are equivalent to proposed Subchapter B. 
 The commission agrees with comment (5), that the minimum limits of financial 
responsibility should be the same for all commercial carriers under this 
proposed Subchapter B, except for those transporting hazardous wastes, 
materials, or substances as set out in proposed sec.5.24(d). The commission 
disagrees that these limits should be made equal to the federal limits of $750, 
000 at this time, because the commission has not had the opportunity to fully 
evaluate the fiscal impact that would occur to commercial carriers upon raising 
insurance rates from the current levels applicable to commercial motor vehicles 
with a gross weight rating of more than 48,000 pounds to the federal levels. 
However, the commission agrees that there is no weight-based justification for 
the different amounts of insurance coverage required of commercial carriers. The 
commission agrees that all commercial carriers, except as provided in proposed 
sec.5.24(d), should be subject to minimum limits of financial responsibility in 
the amount of $500,000. 
 The commission agrees with comment (6), concerning cab cards. The commission 
agrees that a commercial carrier's insurance coverage could be cancelled and 
that a shipper could potentially rely on the existence of a cab card as 
indicating that a commercial carrier has effective insurance in the required 
amounts. The commission, in response to this comment, is placing a commission 
telephone number on each cab card issued under this proposed Subchapter B. This 
will allow shippers and others to contact the commission for information on 
whether the commission has received from an insurer any notice of cancellation 
of a commercial carrier's insurance coverage. 
 The commission disagrees with comment (7), concerning amending the commission's 
notification form to be provided to the commission by an insurance agent upon 
cancellation of a commercial carrier's insurance coverage. The commission does 
not control to whom an insurance agent issues a policy of insurance coverage, 
and considers it the responsibility of the insurance agent to determine which 
vehicles are being insured by a commercial carrier. In addition, the commission 
wishes to maintain consistency with federal practices in this area, and does not 
have the personnel resources to accomplish the objective of the comment. 
 The commission disagrees with comment (8), that more specific safety 
regulations should be set out in proposed Subchapter B, because the safety 
requirements of Subchapter B provide that any violation of the Motor Carrier 
Safety Act, Texas Civil Statutes, Article 6701d, and any violation of any rule 
or order adopted or issued related to the safety provisions of the Motor Carrier 
Safety Act, are violations of proposed Subchapter B. Also, federal law, as set 
out in 49 United States Code, sec.2507(c)(4), substantially restricts the 
authority of a state agency to enact safety regulations more stringent than the 
federal requirements. The commission has not been provided sufficient 
information to indicate either that the Motor Carrier Safety Act and its rules 
and orders will not adequately protect the safety needs of the public, or that 
such act and the implementing rules must be reprinted in proposed Subchapter B. 
 The commission does not consider this rulemaking proceeding an appropriate 
context in which to address the pending litigation referred to in comment (9). 
The commission disagrees that it lacks authority to conduct the international 
stamp program or to require the participation of insurance agents as set out in 
proposed sec.5.29. The Third Court of Appeals, in International Insurance 
Agency, Inc. vs. Railroad Commission of Texas , the lawsuit referenced by the 
commenter, upheld the commission's authority to establish an international stamp 
program, including requiring certain conduct by insurance agents. No injunction 
prohibits the commission from acting under its valid authority pending further 
appeals of this ruling. 
 The commission disagrees with comment (10), concerning adding a requirement 
that commercial carriers, operating homemade equipment, carry product liability 
insurance, because there is no statutory authority for such a requirement. 
 The commission disagrees with comment (11), concerning a need to make a 
reciprocal agreement with surrounding states for proposed Subchapter B, because 
the provisions of proposed Subchapter B apply only to intrastate transportation, 
and do not purport to address interstate traffic. 
 The commission disagrees with comment (12), stating that proposed Subchapter B 
should contain a rule that adds personnel to enforce the remaining provisions of 
proposed Subchapter B, because this is not a rulemaking function. In addition, 
the commission has recently restructured its Transportation Division in order to 
ensure that it has sufficient personnel to address concerns such as that raised 
by comment (12). 
 In response to the portion of comment (13) stating that tow trucks should not 
be required to register under the proposed system, the commission states that 
the proposed Subchapter B already exempts tow trucks from the commercial carrier 
registration process. Instead, tow trucks will register under the Tow Truck Act, 
Texas Civil Statutes, Article 6687-9b. This is accomplished by exempting tow 
truck owners from the definition of "commercial carrier," set out in sec.5.21. 
The commission disagrees with the portion of comment (13) stating that tow 
trucks should be required to register under the proposed system, because the Tow 
Truck Act provides a complete system of registration, specific to the tow truck 
industry, that meets all the requirements of the proposed registration system. 
 The commission agrees that, at this time, trip insurance should not be made 
available to interstate carriers for intrastate movements, as stated in comment 
(14), because currently the number of such movements does not justify the 
administrative cost of establishing a temporary registration program for 
interstate carriers making single-trip intrastate movements. The commission may 
consider this issue at a later time, should the need for such a program develop. 
 The commission agrees with comment (15), and has amended proposed new 
Subchapter B to provide a transition rule from current rules to the new 
registration system. 
 The commission disagrees with comment (16), concerning including optional rules 
for commercial carriers with regard to cargo claims, credit, and uniform bill of 
lading procedures, because such rules would not apply to all commercial 
carriers, absent a carrier's consent, and because such rules do not fall within 
the scope of proposed new Subchapter B, covering registration, insurance, and 
safety requirements for commercial carriers. The commission will consider any 
petition for rulemaking in this regard, but disagrees that the proposed 
subchapter is the appropriate place to locate any such rules. 
 The commission disagrees with comment (17), that transporters of hazardous 
waste are exempted from the federal deregulation legislation. The commission is 
aware that different jurisdictions have taken conflicting positions on this 
issue; however, the commission regards classification of transporters of 
hazardous waste as commercial carriers to be within the law. In addition, the 
commission considers it to be in the public interest to register such 
transporters as commercial carriers, thus providing the public with assurances 
that such transporters are operating with the requisite levels of insurance 
coverage and according to all state and federal safety regulations. 
 The commission disagrees with comment (18), stating that the commission should 
not require that original cab cards be maintained in commercial motor vehicles, 
because the potential for fraud is too great. If copies of cab cards are allowed 
to be carried in commercial motor vehicles instead of originals, a commercial 
carrier could reproduce a cab card and place it in a commercial motor vehicle 
without registering that vehicle with the commission. Similarly, use of a 
reproduced cab card could allow a commercial carrier to operate a commercial 
motor vehicle without the required insurance coverage. The commission can 
usually issue cab cards the same day as requested, if all other registration 
requirements are met. Expediting services are available to carriers for same day 
or overnight delivery of cab cards. 
 The commission disagrees with comment (19)'s assertion that household goods 
carriers should be exempt from the definition of "commercial carrier," because 
to do so would allow household goods carriers operating in unregulated traffic 
to continue to operate outside any system of registration, depriving the public 
of any assurances that such carriers are operating with the requisite amount of 
insurance and in compliance with all state and federal safety regulations. Only 
transporters of household goods operating pursuant to a specialized motor 
carrier certificate of public convenience and necessity issued by the commission 
are exempt from the definition of "commercial motor vehicle." Therefore, the 
commission also disagrees that it needs to amend the rules to specify that a 
certificated household goods carrier that also transports non-household goods 
commodities has to register with the commission as a commercial carrier. 
 The Sand & Gravel Motor Carriers Association commented against adoption of 
proposed sec.5.24, as written. The Texas Towing & Storage Association commented 
generally against adoption of the sections within new Subchapter B. The Texas 
Motor Transportation Association, Inc., commented against proposed sec.sec.5.21, 
5. 23, and 5.24, as written. The Texas Tank Truck Carriers Association, Building 
Materials Carriers Bureau, Inc., and the Texas Association of Cement 
Transporters, Inc., submitted comments suggesting changes to sec.5.24, but were 
generally in favor of adoption of the sections within new Subchapter B. 
 The new sections and subchapter are adopted pursuant to Texas Civil Statutes, 
Article 911b, sec.sec. 4(a)(1), 4(a)(12), 4(a)(13), 13, and 13aa, which 
authorize the commission to define and register commercial motor vehicles; to 
prescribe rules for safety of motor carriers and to receive reports on safety 
violations; to set insurance coverage amounts and to ensure that insurance 
coverages are maintained; and to invoke certain sanctions for violations of its 
rules. The new sections and subchapter are also adopted pursuant to Texas Civil 
Statutes, Article 6701d sec.139(c) and (j), which authorizes the commission to 
require insurance coverage for commercial carriers and to impose certain 
sanctions for failure to maintain the required insurance coverage. 
 
 
  sec.5.21. Definitions.  The following words and terms, when used in this 
subchapter, shall have the following meanings, unless the context clearly 
indicates otherwise. 
   
     Cab card-A document issued by the commission, continuously maintained in a 
commercial vehicle, identifying that vehicle as operating under a specific 
commercial carrier's certificate of registration. 
   
     Certificate of insurance-A certificate prescribed by and filed with the 
commission, in which an insurance carrier or surety company warrants that a 
commercial carrier for whom the certificate is filed has the minimum coverage 
required by sec.5.24 of this title (relating to Minimum Limits of Financial 
Responsibility), and that the insurance carrier or surety company will not 
cancel such coverage except upon notice to the commission as required by 
sec.5.27 of this title (relating to Termination of Insurance Coverage). 
   
     Certificate of registration-A certificate issued by the commission to a 
commercial carrier, containing a unique number. 
   
     Commercial carrier -Any person that operates or causes the operation of a 
commercial motor vehicle upon the public highways of the State of Texas. This 
definition does not include a tow truck owner as that term is defined in 
sec.5.802 of this title (relating to Definitions). 
   
     Commercial motor vehicle-Any motor vehicle with a gross weight rating of 
26,001 pounds or more, designed or used for the transportation of property. For 
the purposes of this title, a vehicle transporting any of the commodities listed 
in sec.5.24(d)(1)-(3) of this title (relating to Minimum Limits of Financial 
Responsibility) is a commercial motor vehicle if such vehicle has a gross weight 
rating of 10,000 pounds or more. All tow trucks, as that term is defined in 
sec.5.802 of this title (relating to Definitions) are commercial motor vehicles, 
regardless of the gross weight rating of the tow truck. Notwithstanding the 
foregoing, the following are not commercial motor vehicles: 
 
  (A) a vehicle registered with the commission pursuant to sec.9.17 of this 
title (relating to LP-Gas Transport); 
   
  (B) a farm vehicle operating within Texas with a gross vehicle rating of less 
than 48,000 pounds or a vehicle operating in Texas that is transporting a seed 
cotton module; 
   
  (C) a vehicle transporting household goods as that term is defined in 
sec.5.251 of this title (relating to Authority), pursuant to a specialized motor 
carrier certificate of public convenience and necessity issued by the 
Commission. 
   
  (D) a vehicle transporting property exclusively in interstate or foreign 
commerce pursuant to subchapter T of this title (relating to Single State 
Registration of Interstate Motor Carrier Operations); 
   
  (E) a vehicle operated by any governmental entity; 
   
  (F) a vehicle transporting property for an electric cooperative organized 
pursuant to the provisions of Texas Civil Statutes, Article 1528b; 
   
  (G) a vehicle transporting property for a telephone cooperative organized 
pursuant to the provisions of Texas Civil Statutes, Article 1528c; 
   
  (H) a vehicle transporting property for a non-profit water supply or sewer 
service corporation organized pursuant to the provisions of Texas Civil 
Statutes, Article 1434a; 
   
  (I) a vehicle transporting alcoholic beverages pursuant to a wholesale permit 
or license issued by the Texas Alcoholic Beverage Commission under the 
provisions of the Texas Alcoholic Beverage Code; 
   
  (J) motor buses; and 
   
  (K)  recreational vehicles. 
     
     Commission-The Railroad Commission of Texas. 
   
     Director-The director of the Transportation/Gas Utilities Division of the 
Railroad Commission of Texas. Any act or function herein assigned to the 
director by the commission may be delegated by the director. 
   
     Gross weight rating-The maximum loaded weight of any combination of truck, 
tractor, and trailer equipment, as specified by the manufacturer of the 
equipment. If the manufacturer's rating is unknown, the gross weight rating is 
the greater of: 
 
  (A) the actual weight of the equipment and its lading; or 
   
  (B) the maximum lawful weight of the equipment and its lading. 
     
     Person-An individual, firm, partnership, corporation, company, association, 
or joint stock association, or other trustees. 
 
   
  sec.5.22. Application for Certificate of Registration. 
 
  (a)  Commercial carrier registration required. No commercial carrier shall 
operate any commercial motor vehicle upon the public streets and highways of 
this state unless the commission has issued a certificate of registration to 
such carrier, as prescribed by this subchapter, or unless the commercial carrier 
is operating a commercial motor vehicle pursuant to subsection (b) of this 
section. 
   
  (b) Transitional operations. Each commercial carrier operating, on December 
31, 1994, pursuant to a certificate of public convenience and necessity or a 
permit under the Texas Motor Carrier Act, or operating as a commercial motor 
vehicle registered with the commission under the Texas Motor Carrier Act, 
sec.4(a)(13), shall be allowed to continue to operate as a commercial carrier 
after January 1, 1995, until the expiration date of such carrier's current cab 
cards, without filing an application, registering equipment, or paying filing 
fees pursuant to this section. Each commercial carrier operating under this 
subsection shall comply with all other requirements of this subsection from 
January 1, 1995, through the expiration date of such carrier's current cab 
cards. At the expiration date of the cab cards of a commercial carrier formerly 
operating under a certificate of public convenience and necessity, permit, or 
commercial motor vehicle registration, such commercial carrier shall register 
its commercial motor vehicles according to the requirements of this subchapter 
if it desires to continue to operate as an intrastate commercial carrier. Any 
motor carrier operating under a certificate of public convenience and necessity, 
permit, or commercial motor vehicle registration, that does not wish to continue 
operating as an intrastate commercial carrier on or after January 1, 1995, shall 
notify the director on or before December 31, 1994, so that such carrier's cab 
cards will be cancelled and returned to the commission. 
   
  (c) Form of application. The application for a certificate of registration 
shall be in the form prescribed by the commission. 
   
  (d) Filing of application. The application for certificate of registration 
shall be filed with the Transportation/Gas Utilities Division of the Railroad 
Commission of Texas, at P.O. Box 12967, Austin, Texas 78711-2967. 
   
  (e) Equipment registration and reports. Each commercial carrier is responsible 
for the registration of all commercial motor vehicles used in its operations, 
and shall identify each commercial motor vehicle by filing an equipment report 
prescribed by the commission. No commercial carrier shall operate any commercial 
motor vehicle without a valid cab card issued for that vehicle pursuant to 
sec.5.23 of this title (relating to Cab Cards). Any subsequent registration of 
equipment shall be accompanied by a supplemental equipment report and the 
applicable fees set out in subsection (g) of this section. Each commercial motor 
vehicle shall be identified by its motor vehicle identification number, make, 
model year, and the unit number assigned to the commercial motor vehicle by the 
commercial carrier. The commercial carrier's certificate of registration number 
shall be assigned to each motor vehicle registered by the commercial carrier. 
   
  (f)  Safety affidavit. Each commercial carrier shall complete, as part of the 
application, an affidavit stating that the commercial carrier has knowledge of 
and will conduct operations in accordance with all federal and state safety 
regulations. Each failure to conduct operations in accordance with all federal 
and state safety regulations shall constitute a violation of this subchapter. 
   
  (g) Filing fees. 
 
  (1) Commercial motor vehicle registration. The fee for registering a 
commercial motor vehicle shall be $10 for each vehicle. The fee will not be 
prorated. Subject to the provisions of subsection (i) of this section, 
registration of a commercial motor vehicle shall be effective for one year, 
unless revoked, cancelled, or suspended as provided in sec.5.32 of this title 
(relating to Administrative Sanctions). 
   
  (2)  Form of payment. All fees paid pursuant to this subchapter shall be in 
the form of a check or money order, payable to Texas State Treasurer, or other 
commercial payment method approved by the commission. 
     
  (h) Incomplete applications. Any application for registration that is 
incomplete may be conditionally accepted by the director. Conditional acceptance 
shall in no way constitute approval of the application. The director shall 
notify the applicant of the additional information necessary to complete the 
application. If the applicant does not supply all necessary information within 
45 days from notification by the director, the application will be dismissed and 
all fees will be retained. 
   
  (i) Renewal of commercial motor vehicle registration. Each commercial carrier 
will be assigned an annual date for renewal of the registration of its 
commercial motor vehicles according to the last digit of the carrier's 
certificate number, as follows: If the last digit is: Renew before the first day 
of: 1 January 2 February 3 March 4 April 5 May 6 June 7 July 8 October 9 
November 0 December To ensure timely renewal of registration, all renewal 
applications shall be received by the commission no later than 15 calendar days 
prior to the carrier's annual registration date. 
   
  (j) Change of name, address, or legal agent for service of process. A 
commercial carrier shall notify the director, in writing, of any change of name, 
address, or legal agent for service of process no later than the effective date 
of the change. 
   
  (k) Registered agent and address for service of process. Each commercial 
carrier shall have and continuously maintain with the commission for the purpose 
of administrative or civil service of process: 
 
  (1) a registered office in Texas that may be, but need not be, the same as its 
principal place of business; and 
   
  (2) a registered agent that is either an individual resident of Texas whose 
business office is identical with such registered office, a domestic 
corporation, or a foreign corporation authorized to transact business in Texas 
that has a business office identical with such registered office. 
 
       
  sec.5.24. Minimum Limits of Financial Responsibility. 
 
  (a)  Filing required. Every commercial carrier shall file and maintain 
evidence of currently effective bodily injury and property damage liability 
insurance, in the amounts required by subsections (c) and (d) of this section, 
and such commercial carrier shall not operate any commercial motor vehicle upon 
the highways of this state unless the carrier has filed and the commission has 
accepted evidence of currently effective insurance, as prescribed by subsection 
(e) of this section. Operation of a commercial motor vehicle over the public 
highways of this state without the appropriate insurance coverage in effect and 
on file with the commission shall be a violation of this subchapter. 
   
  (b) Submission of evidence of financial responsibility. The evidence of 
financial responsibility, as prescribed by subsection (e) of this section, shall 
be submitted prior to approval of the original application for certificate of 
registration required by sec.5.22 of this title (relating to Applications for 
Certificates of Registration). 
   
  (c) Commercial carriers. The minimum limits of financial responsibility for 
commercial carriers are hereby prescribed as follows: combined single limit for 
bodily injuries to or death of all persons injured or killed in any accident, 
and loss or damage in any one accident to the property of others (excluding 
cargo) -$500,000. These minimums do not apply to certain transporters of 
hazardous wastes, hazardous materials, and hazardous substances, as described in 
subsection (d) of this section. 
   
  (d) Commercial carriers of hazardous materials. For all commercial carriers 
operating commercial motor vehicles with a gross weight rating of 10,000 pounds 
or more that are required to utilize hazardous materials placarding for the 
transportation of a commodity specified in this subsection, the following 
combined single limits apply to bodily injuries to or death of all persons 
injured or killed in any accident, and also apply to loss or damage in any one 
accident to the property of others: 
 
  (1) Hazardous substances, as defined in 49 Code of Federal Regulations 
sec.171.8, transported in cargo tanks, portable tanks, or hopper-type vehicles, 
with capacities in excess of 3,500 water gallons; or in bulk Classes A or B 
explosives, poison gas (Poison A), liquified compressed gas or compressed gas; 
or highway route controlled quantity radioactive materials as defined in 49 Code 
of Federal Regulations sec.173.403 (excluding cargo) -$5,000,000. 
   
  (2) Oil listed in 49 Code of Federal Regulations sec.172.101; hazardous waste, 
hazardous materials and hazardous substances defined in 49 Code of Federal 
Regulations sec.171.8 and listed in 49 Code of Federal Regulations sec.172.101, 
but not mentioned in paragraphs (1) or (2) of this subsection (excluding cargo) 
-$1,000,000. 
   
  (3) Any quantity of Classes A or B explosives; any quantity of poison gas 
(Poison A); or any highway route controlled quantity of radioactive materials as 
defined in 49 Code of Federal Regulations sec.173.403 (excluding cargo)-
$5,000,000. 
     
  (e) Proof required. The evidence of bodily injury and property damage 
liability insurance required by this section shall be in the form set forth by 
the commission, and shall be duly completed and executed by an authorized 
representative of an insurance company holding a certificate of authority to 
transact such kinds of insurance business in the State of Texas, or by a surplus 
lines insurer approved by the Texas Department of Insurance. The cancellation of 
a policy of insurance may be effected only by the insurance company giving 30 
days' notice in writing to the commission. The 30 day notice period will be 
calculated from the date notice is actually received by the commission. 
   
  (f) Self-insurance. Notwithstanding the provisions of this section, a 
commercial carrier may be authorized to self-insure for bodily injury and 
property damage liability in lieu of filing proof of insurance, as provided in 
sec.5.28 of this subchapter (relating to Qualification as Self-Insurer). 
 
  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 December 12, 1994. 
 TRD-9452387 
  Mary Ross McDonald 
 Assistant Director, Legal Division, Gas Utilities/LP Gas 
 Railroad Commission of Texas 
    Effective date: January 3, 1995 
 Proposal publication date: November 8, 1994 
 For further information, please call: (512) 463-7086 
         
             
  Subchapter W. Registration of Commercial Carriers 
 
  16 TAC sec.sec.5.501-5.508 
 
  The Railroad Commission of Texas adopts the repeal of Subchapter W, sec.sec.5. 
501-5.508, concerning registration of commercial carriers, without changes to 
the proposed text as published in the November 8, 1994, issue of the Texas 
Register  (19 TexReg 8841). 
 The repeals are adopted because the commission adopted a new subchapter that 
addresses the insurance and registration requirements of all commercial 
carriers, as that term is defined in the new subchapter. The repeals will allow 
the accommodation of a new subchapter containing comprehensive insurance and 
registration provisions for commercial carriers. 
 No comments were received regarding adoption of the repeals. 
 The repeals are adopted pursuant to the Texas Motor Carrier Act, Texas Civil 
Statutes, Article 911b, which authorize the commission to prescribe rules and 
regulations for the operations of motor carriers. 
 
  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 December 12, 1994. 
 TRD-9452388 
  Mary Ross McDonald 
 Assistant Director, Legal Division, Gas Utilities/LP Gas 
 Railroad Commission of Texas 
    Effective date: January 3, 1995 
 Proposal publication date: November 8, 1994 
 For further information, please call: (512) 463-7086 
         
             Part IX. Texas Lottery Commission 
  Chapter 401. Administration of State Lottery Act 
 Subchapter D. Lottery Game Rules 
  
  16 TAC sec.401.302 
 
  The Texas Lottery Commission adopts an amendment to sec.401.302, concerning 
instant game rules, without changes to the proposed text published in the August 
26, 1994, issue of the Texas Register (19 TexReg 6699). 
 The section, as amended, will provide the Lottery with the ability to determine 
more specifically the total prize amount to be paid for instant games and the 
ability to decide when game procedures for an individual game are necessary and 
not redundant. 
 The section, as amended, clarifies that the director has discretion to set a 
maximum total cash amount or maximum payment time period for each prize level of 
an instant game and that the filing of individual game procedures is 
discretionary. 
 No comments were received regarding adoption of the amendment. 
 The amendment is adopted under Texas Government Code sec.466.015 which provides 
the Texas Lottery Commission with the authority to adopt all rules governing the 
establishment and operation of the lottery. 
 
  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 December 14, 1994. 
 TRD-9452409 
  Kimberly L. Kiplin 
 General Counsel 
 Texas Lottery Commission 
    Effective date: January 4, 1995 
 Proposal publication date: August 26, 1994 
 For further information, please call: (512) 323-3791 
         
       
  16 TAC sec.401.368 
 
  The Texas Lottery Commission adopts new sec.401.368, without changes to the 
proposed text as published in the August 19, 1994, issue of the Texas Register 
(19 TexReg 6503). 
 The new section sets out guidelines for the use of instant ticket vending 
machines by lottery sales agents. The purpose of the rule is to preserve the 
integrity and security of the Lottery by ensuring that only instant ticket 
vending machines that are supplied and placed by the Texas Lottery may be used 
to distribute or sell instant tickets. 
 The new section prohibits a lottery sales agent from distributing or selling 
Texas Lottery Instant tickets from an instant ticket vending machine, except 
those instant ticket vending machines supplied and placed by the Texas Lottery. 
The Commission believes this is necessary in order to prevent the use of instant 
ticket vending machines that do not meet the security and quality standards 
necessary to ensure the integrity of the Lottery. 
 No comments were received regarding adoption of the new section. 
 The new section is adopted under Texas Government Code,  sec.466.015, which 
provides the Texas Lottery Commission with the authority to adopt rules 
governing the security for the Lottery and provides the Lottery Commission with 
the authority to adopt rules governing the method to be used in selling a 
ticket. 
 
  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 December 14, 1994. 
 TRD-9452408 
  Kimberly L. Kiplin 
 General Counsel 
 Texas Lottery Commission 
    Effective date: January 4, 1995 
 Proposal publication date: August 19, 1994 
 For further information, please call: (512) 371-3791 
         
             
  TITLE 19. EDUCATION 
 Part I. Texas Higher Education Coordinating Board 
  Chapter 17. Campus Planning 
  
  Subchapter A. Criteria for Approval of New Construction and Major Repair and 
Rehabilitation 
 
  19 TAC sec.17.33 
 
  The Texas Higher Education Coordinating Board adopts an amendment to 
sec.17.33, concerning Criteria for Approval of New Construction and Major Repair 
and Rehabilitation (Provisions for Review of Projects Previously Approved), 
without changes to the proposed text as published in the August 16, 1994, issue 
of the Texas Register (19 TexReg 6412). 
 The Coordinating Board asked the staff to recommend modifications to the rules 
that would allow the Campus Planning Committee to act for the Board in giving 
final approval to auxiliary enterprise construction projects, as well as 
projects that would renovate educational and general buildings and cost less 
than $3 million. The proposed change would give the Campus Planning Committee 
the same options it has under the special approval procedure in rule 17.46, 
which are to approve a request or refer it to the next meeting of the 
Coordinating Board. 
 Comments were received stating that there is some confusion on the requirement 
to award contracts on a project approved by the Board within one year, or be 
subject to another review by the Board. It was suggested that we clarify whether 
this meant different contracts on the same project all had to be awarded within 
one year or that the initial contract had to be awarded by this time. 
 Comments were for the changes and were received from the University of Houston 
System, and the University of North Texas. 
 Comments received fell outside of the scope of rule changes being considered at 
the October meeting. We agreed that these were items that should be considered 
as possible rule changes. We have communicated to the people making comments on 
our intent to consider these as possible rule changes, and they were satisfied 
with that. 
 The amendment is adopted under Texas Education Code, Chapter 61, Subchapter B, 
Administrative Provisions, sec.61.027, which provides the Texas Higher Education 
Coordinating Board with the authority to adopt rules concerning Criteria for 
Approval of New Construction and Major Repair and Rehabilitation (Provisions for 
Review of Projects Previously Approved). 
 
  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 December 12, 1994. 
 TRD-9452365 
  James McWhorter 
 Assistant Commissioner for Administration 
 Texas Higher Education Coordinating Board 
    Effective date: January 3, 1995 
 Proposal publication date: August 16, 1994 
 For further information, please call: (512) 483-6160 
         
         
  Subchapter B. Application for Approval of New Construction and Major Repair 
and Rehabilitation 
 
  19 TAC sec.sec.17.42-17.44, 17.46 
 
  The Texas Higher Education Coordinating Board adopts amendments to sec.sec.17. 
42-17.44 and 17.46, concerning Application for Approval of New Construction and 
Major Repair and Rehabilitation, without changes to the proposed text as 
published in the August 16, 1994, issue of the Texas Register  (19 TexReg 6412). 
 The Coordinating Board asked the staff to recommend modifications to the rules 
that would allow the Campus Planning Committee to act for the Board in giving 
final approval to auxiliary enterprise construction projects, as well as 
projects that would renovate educational and general buildings and cost less 
than $3 million. Section 17.42 would eliminate language that has led some 
institutions not to provide data on project funding and levels for first stage 
review of proposals to construct new educational and general space. Section 17. 
43 will ensure that proposing institutions intend to comply with the state's 
statutory requirements for the elimination of architectural barriers to persons 
with disabilities. Section 17.44 would make it congruent with the change being 
made in sec.17.43 to eliminate the need for a certificate of compliance with 
accessibility requirements. 
 Comments received stated that they would like to see the two stage review and 
approval process for new construction adding educational and general space be 
modified so that two stage review is required only when a project would result 
in an excess of space above the Coordinating Board space standards. 
 Comments were for the changes and were received from the University of Houston 
System and the University of North Texas. 
 Comments received fell outside of the scope of rule changes being considered at 
the October meeting. We agreed that these were items that should be considered 
as possible rule changes. We have communicated to the people making comments on 
our intent to consider these as possible rule changes, and they were satisfied 
with that. 
 The amendments are adopted under Texas Education Code, Chapter 61, Subchapter 
B, Administrative Provisions, sec.61.027, which provides the Texas Higher 
Education Coordinating Board with the authority to adopt rules concerning 
Application for Approval of New Construction and Major Repair and 
Rehabilitation. 
 
  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 December 12, 1994. 
 TRD-9452366 
  James McWhorter 
 Assistant Commissioner for Administration 
 Texas Higher Education Coordinating Board 
    Effective date: January 3, 1995 
 Proposal publication date: August 16, 1994 
 For further information, please call: (512) 483-6160 
         
               
  TITLE 22. EXAMINING BOARDS 
 Part IV. Texas Cosmetology Commission 
  Chapter 85. Public Records 
  
  22 TAC sec.85.1 
 
  The Texas Cosmetology Commission adopts new sec. 85.1, concerning Charges for 
Public Records, without changes to the proposed text as published in the 
November 1, 1994, issue of the Texas Register (19 TexReg 8661) 
 This rule is being adopted to comply with House Bill 1009, 73rd Legislative 
Session, amended the Texas Open Records Act to require each state agency to 
specify, by rule, the charges the agency will make for copies of public records. 
The bill calls for a state agency to establish a charge for a copy of public 
records that is equal to the full cost to the agency in providing the copy. This 
bill also requires the General Services Commission to specify by rule the 
methods and procedures determining the amounts that the agency should charge to 
recover the full cost to the agency in providing copies of public records. 
 This rules defines the charges for public records. 
 No comments were received regarding adoption of the new rule. 
 The new rule is adopted under Texas Civil Statutes, Article 8451a, sec.4(a) 
which provide the Texas Cosmetology Commission with authority to "issue rules 
consistent with this Act after a public hearing", to protect the public's health 
and welfare. 
 
  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 December 12, 1994. 
 TRD-9452312 
  Dick G. Strader 
 Executive Director 
 Texas Cosmetology Commission 
    Effective date: January 2, 1995 
 Proposal publication date: November 1, 1994 
 For further information, please call: (512) 454-4674 
         
           Part XVI. Texas State Board of Physical Therapy Examiners 
  Chapter 329. Licensing Procedure 
  
  22 TAC sec.329.5, sec.329.6 
 
  The Texas State Board of Physical Therapy Examiners adopts amendments to 
sec.329.5, concerning Licensing Procedures for Foreign-Trained Applicants, and 
sec.329.6, concerning Licensure of Persons Currently Licensed in Other States, 
the District of Columbia, or Territories of the United States. Section 329.6 is 
adopted with changes to the proposed text as published in the November 4, 1994, 
issue of the Texas Register  (19 TexReg 8747). Section 329.5 is adopted without 
changes and will not be republished. 
 Section 329.5 is being amended to establish a process that requires 
credentialing agencies to formally agree to follow the board's guidelines. 
 Section 329.6 is being amended to define the term "equivalent program" for 
applicants seeking licensure in Texas who already hold a valid license in 
another state or territory. 
 These amendments will establish procedures for more consistent review and 
evaluation of an applicant's education credentials. 
 No comments were received regarding adoption of the amendments. 
 The amendments are adopted under the Physical Therapy Practice Act, Texas Civil 
Statute, Article 4512e, which provide the Texas State Board of Physical Therapy 
Examiners with the authority to adopt rules consistent with this Act to carry 
out its duties in administering this Act. 
 
 
  sec.329.6. Licensure of Persons Currently Licensed in Other States, the 
District of Columbia, or Territories of the United States. 
 
  (a) Qualifications for provisional licensure. 
 
  (1)-(3) (No change.) 
   
  (4) Determination of substantially equivalent. Determination by the board as 
to whether a state, the District of Columbia or a territory of the United States 
maintains professional standards substantially equivalent to those set forth by 
the Act, will be based on whether at the time the applicant was licensed in the 
state: 
 
  (A) (No change.) 
   
  (B) An applicant for a license as a physical therapist must present evidence 
satisfactory to the board that the applicant has completed an accredited program 
or equivalent program in physical therapy education. "Equivalent program" means 
that the applicant shall provide official documentation from a board-approved 
educational credentials review agency and completion of a minimum of 60 academic 
semester credits or the equivalent from an accredited institution of higher 
learning. An applicant for a physical therapist assistant license must present 
evidence satisfactory to the board that the applicant has completed an 
accredited physical therapist assistant program or an accredited physical 
therapy program. 
   
  (C) (No change.) 
     
  (5)-(9) (No change.) 
     
  (b)-(c) (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 December 13, 1994. 
 TRD-9452380 
  Nina Hurter 
 Interim Executive Director 
 Texas State Board of Physical Therapy Examiners 
    Effective date: January 3, 1995 
 Proposal publication date: November 4, 1994 
 For further information, please call: (512) 443-8202 
         
                 
  TITLE 28. INSURANCE 
 Part II. Texas Workers' Compensation Commission 
  Chapter 168. Back Injury Prevention Training Program 
  
  28 TAC sec.168.1, sec.168.2 
 
  The Texas Workers' Compensation Commission adopts the repeal of sec.168.1 and 
sec.168.2, concerning the Back Injury Prevention Training Program, without 
changes to the proposed text as published in the August 16, 1994, issue of the 
Texas Register (19 TexReg 6415). 
 The repeals delete obsolete rules from the agency's body of rules and from the 
Texas Administrative Code. The rules were part of a two-year pilot program 
authorized by the Texas Workers' Compensation Act, sec.7.07. That section 
limited the program to a period of two years and therefore, the program is no 
longer in effect. 
 No comments were received regarding adoption of the repeals. 
 The repeals are adopted under the Texas Labor Code, sec.402.061, which 
authorizes the commission to adopt rules necessary to administer 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 December 14, 1994. 
 TRD-9452412 
  Susan Cory 
 General Counsel 
 Texas Workers' Compensation Commission 
    Effective date: January 20, 1995 
 Proposal publication date: August 16, 1994 
 For further information, please call: (512) 440-3700 
         
             
  TITLE 30. ENVIRONMENTAL QUALITY 
 Part I. Texas Natural Resource Conservation Commission 
  Chapter 331. Underground Injection Control 
  
  The Texas Natural Resource Conservation Commission (TNRCC) adopts the repeal 
of sec.331.45 and amendments to sec. sec.331.2, 331.9, 331.36, 331.43-331.45, 
331.61, 331.63-331.66, 331.68, 331.121, 331.122, 331.142-331.144, 331.163, 331. 
164, 331.167, 331.171, and new 331.15, which constitute Subchapters A-D, G, I, 
and J, concerning underground injection control. Sections 331.2, 331.45, 331. 
63, and 331.65 are adopted with changes to the proposed text as published in the 
June 28, 1994, issue of the Texas Register (19 TexReg 5018). Sections 331.9, 
331.15, 331.36, 331.43, 331.44, 331.61, 331.64-331.66, 331.68, 331.121, 331.122, 
331.142-331.144, 331.163, 331.164, 331.167, and 331.171 are adopted without 
changes and will not be republished. As a result of public comments, proposed 
new sec.331.62 is being withdrawn from consideration, as is the proposed repeal 
of existing sec.331.62. The commission will repropose new sec.331.62 for public 
comment. 
 The comment period for the June 28, 1994, proposals ended July 28, 1994. 
Comments on the proposed text were received from Terra Dynamics, Inc., the Texas 
Chemical Council, DuPont, Envirocorp, ECO Solutions, Inc., Merichem Company, 
Sterling Chemicals, and individual concerned citizens. All of the commenters 
were partially in favor of and partially opposed to adoption of the rules. 
 One commenter expressed concern with respect to the proposed definition of "new 
waste stream" in sec.331.2, claiming that changes in waste streams due to 
process "upsets", mechanical problems and emergencies would be considered new 
waste streams and requested that the language be changed so that changes which 
fall outside of the ranges submitted to the Commission not be considered a new 
waste stream. The proposed language will be changed to indicate that wastes not 
permitted are considered new wastes. Variations in composition can be addressed 
in the permit application by noting the potential concentration ranges. 
 Several respondents stated that according to the definition in sec.361.003(5) 
of the Health and Safety Code, hazardous waste management facilities which 
accept wastes generated on-site, or from captured or "sister" facilities are 
considered non-commercial facilities, whether or not there is a charge. To be 
consistent, the definition of non-commercial well in sec.331.2 has been 
corrected by deleting the "for a charge" provision. 
 Section 331.45 is changed for purposes of clarification. A few respondents 
expressed concern over proposed new sec.331.45 (regarding Certification) and 
commented that the language should require the executive director to approve any 
well built in compliance with the regulations and the permit. The commission 
responds that the term "shall" expresses willingness, promise or intention, 
while the term "may" confers a right, privilege or power. The term "must" is 
used when an obligation to act is imposed. By using the term "may", the proposed 
language indicates that the executive director has the power or authority to 
approve or disapprove the construction of a well, based upon the executive 
director's determination of whether the well is protective of human health and 
the environment and is in compliance with regulations, the permit and official 
guidance. One respondent suggested that since a permittee has made a substantial 
investment in the permit application and the construction of the well, the 
agency should assure a permittee that any well constructed in accordance with 
the regulations and permit will be approved for operation. However, that 
determination will continue to be made by the executive director or his/her 
designee. 
 Section 331.65 is changed to reflect a typographical error in the proposed 
text. A bracket denoting deleted text was invadvertenly omitted; the commission 
wishes to clarify any possible confusion about the language being deleted from 
the rule. 
 As previously mentioned, sec.331.62 is being withdrawn from consideration. 
However, in the interest of avoiding confusion the commission wishes to address 
comments concerning the section. 
 Several respondents suggested alternative language for  sec.331.62(7), 
regarding the qualifications of persons who perform constructions and workovers. 
The intent was to ensure that the person who was ultimately responsible for the 
work was a registered professional engineer. The commission intends to propose 
language that should satisfy that concern. 
 Several respondents expressed concern over sec.331.62(3)(A), which was based on 
the Environmental Protection Agency (EPA) Groundwater Program Guidance Number 
22. Concerns centered around a provision requiring written approval to change 
the setting and cementing of surface casing. One respondent suggested that the 
operator never be allowed to set surface casing shallower than required by the 
permit and that if the operator wished to set the surface casing deeper than 
stated in the permit that such action be allowed by rule and permit. Other 
respondents expressed concern with the perceived down-time while waiting for 
approval. The commission intends to propose language stating that no approval is 
necessary to set surface casing deeper than according to the permit. Additional 
language will state that the setting of surface casing shallower than indicated 
on the permit will not be authorized. Only changes to the cementing plan for the 
surface casing must be authorized in writing. Since a member of the UIC Team is 
either on location or on call (with access to a FAX machine), written approval 
can be given quickly, with a minimum amount of down-time for the rig. 
 Several commenters expressed approval of the prohibition of fluid seal systems. 
 Most comments on proposed new sec.331.62 concerned the proposal to increase the 
minimum volume of cement pumped during the cementing of casing. The majority of 
respondents pointed out that the excess cement would cause problems with multi-
stage cementing, and would not necessarily improve cementing in single-stage 
completions. Several respondents suggested alternative requirements to improve 
the chances for a good completion. The consensus of the respondents was that 
completion problems were best prevented by prudent engineering practices, good 
drilling mud programs and controlled hydraulics to ensure the drilling of a good 
hole without washouts and deviations. If a hole is poorly drilled, little can be 
done later in the way of cementing techniques to remedy the situation. Several 
commenters recommended that operators be required to use at least a four-arm 
caliper when measuring the diameter of the hole. A caliper with a minimum of 
four arms would give more detailed information regarding washouts than a one-arm 
caliper would, and would provide more accurate measurements by which to 
calculate the amount of cement needed to fill the space between the casing and 
the formation. The minimum amount of cement will not be increased from 120% to 
150%, except in cases where the caliper indicates a washout of the formation. 
Upon further review, staff agrees that additional cement cannot compensate or 
correct a poorly designed and drilled hole. Prudent engineering practices will 
be incorporated in the construction standards in proposed new sec.331.62. As 
recommended by several commenters, 150% cement will be required over a washout 
interval. Operators will be required to use a two-dimensional (minimum 4-arm) 
caliper to measure the radius of the borehole. The new requirements emphasize 
standard engineering practices to be used in the drilling of all wells. 
Additional standards will be put forth as guidance documents, since geologic 
conditions vary greatly across the state. Operators also will be required to 
follow appropriate guidance. 
 Several respondents complained about the removal of the three-month extension 
for annual mechanical integrity tests in sec.331.64. TNRCC has received warnings 
from EPA Region VI that the current language was in violation of federal 
regulations. The commission therefore changes the language to mirror the federal 
language. 
 One respondent disagreed with the waste analysis plan requirement of sec.331. 
64(a)(1)-(4) applying to all Class I injection wells. The respondent felt that 
since a waste analysis plan is required under 40 Code of Federal Regulation 
(CFR) sec.146.68(a) only for hazardous Class I injection wells, that non-
hazardous Class I injection wells should be exempt. It should be noted that all 
Texas Class I operators are already required by sec.331.64(a) to "sample and 
analyze injection fluids at a frequency sufficient to yield representative data 
of the characteristics". The proposed language clarifies how that sampling is to 
be done. The owner/operator is allowed great flexibility with regards to 
developing the waste analysis plan, including parameters to be tested and 
testing methods and frequency. The intent of the commission is to ensure that 
all facilities are knowledgeable about their waste streams and about any changes 
that might occur due to process or operational changes at the facility. 
 One respondent wanted the term "certification" to remain in sec.331.163 and 
sec.331.164, concerning approval of waste disposal in salt caverns, rather than 
the term "approval" since the respondent felt that "approval" was too subjective 
a term, while "certification" was objective. There are no plans to change the 
approval/certification process. "Certification" can have different connotations, 
including that the review was done by a registered professional engineer. 
"Approval" on the other hand, does not imply that the review was done by a 
registered professional engineer, but that the submittal was reviewed, found to 
be in compliance, and the operator is authorized to begin injection. "Approval" 
is the term that EPA uses for this process in the UIC program. No respondent 
complained about "approval" being used in the context of regular UIC wells, 
while several concurred with the proposed new rule. There is no difference in 
the post-construction review process between regular Class I injection wells and 
Class I salt cavern disposal wells. Therefore, "approval" will be used for 
consistency purposes. 
 Several respondents expressed approval of the proposed amendments to 
sec.sec.331.144-331.147, concerning financial assurance requirements. 
   
  Subchapter A. General Provisions 
 
  30 TAC sec.sec.331.2, 331.9, 331.15 
 
  The new and amended sections are adopted under the Texas Water Code, sec.5. 
103 and sec.5.105, which authorizes the Texas Natural Resource Conservation 
Commission to promulgate rules necessary to carry out the powers and duties 
under the provisions of the Texas Water Code, Chapter 27, and other laws of this 
state; and under the Texas Health and Safety Code, sec.361.017 and sec.361. 024, 
which further authorizes the Texas Natural Resource Conservation Commission to 
promulgate rules necessary to manage industrial solid and municipal hazardous 
wastes. 
 
 
  sec.331.2. Definitions.  The following words and terms, when used in this 
chapter shall have the following meanings, unless the context clearly indicates 
otherwise. 
   
     Captured facility -A manufacturing or production facility that generates an 
industrial solid waste or hazardous waste that is routinely stored, processed, 
or disposed of on a shared basis in an integrated waste management unit owned, 
operated by, and located within a contiguous manufacturing complex. 
   
     Commercial UIC Class I well facility-Any waste management facility that 
accepts hazardous or nonhazardous industrial solid waste, for disposal in a UIC 
Class I injection well, for a charge, except a captured facility or a facility 
that accepts waste only from other facilities owned or effectively controlled by 
the same person. 
   
     Commercial well -A UIC Class I injection well which disposes of hazardous 
or nonhazardous industrial solid wastes, for a charge, except for a captured 
facility or a facility that accepts waste only from facilities owned or 
effectively controlled by the same person. 
   
     New waste stream -A waste stream not permitted. 
   
     Non-commercial UIC Class I well facility-A UIC Class I permittee which 
operates only non -commercial wells. 
   
     Non-commercial well -A UIC Class I injection well which disposes of wastes 
disposes of wastes that are generated on-site, at a captured facility or from 
other facilities owned or effectively controlled by the same person. 
   
     Transmissive fault or fracture-A fault or fracture that has sufficient 
permeability and vertical extent to allow fluids to move between formations. 
   
     Underground injection control (UIC)-The program under the federal Safe 
Drinking Water Act, Part C, including the approved Texas state program. 
 
  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 December 12, 1994. 
 TRD-9452293 
  Mary Ruth Holder 
 Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Effective date: January 2, 1995 
 Proposal publication date: June 28, 1994 
 For further information, please call: (512) 239-6087 
         
           
  Subchapter B. Jurisdiction Over In Situ Uranium Mining 
 
  30 TAC sec.331.36 
 
  The amendment is adopted under the Texas Water Code, sec.5.103 and sec.5. 105, 
which authorizes the Texas Natural Resource Conservation Commission to 
promulgate rules necessary to carry out the powers and duties under the 
provisions of the Texas Water Code, Chapter 27, and other laws of this state; 
and under the Texas Health and Safety Code, sec.361.017 and sec.361.024, which 
further authorizes the Texas Natural Resource Conservation Commission to 
promulgate rules necessary to manage industrial solid and municipal hazardous 
wastes. 
 
  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 December 12, 1994. 
 TRD-9452294 
  Mary Ruth Holder 
 Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Effective date: January 2, 1995 
 Proposal publication date: June 28, 1994 
 For further information, please call: (512) 239-6087 
         
         
  Subchapter C. General Standards and Methods 
 
  30 TAC sec.sec.331.43-331.45 
 
  The amendments are adopted under the Texas Water Code,  sec.5.103 and sec.5. 
105, which authorizes the Texas Natural Resource Conservation Commission to 
promulgate rules necessary to carry out the powers and duties under the 
provisions of the Texas Water Code, Chapter 27, and other laws of this state; 
and under the Texas Health and Safety Code, sec.361.017 and  sec.361.024, which 
further authorizes the Texas Natural Resource Conservation Commission to 
promulgate rules necessary to manage industrial solid and municipal hazardous 
wastes. 
 
 
  sec.331.45. Executive Director Approval of Construction and Completion.  The 
executive director may approve or disapprove the construction and completion for 
an injection well or project. In making a determination whether to grant 
approval, the following shall be reviewed for compliance with the standards of 
this chapter, and established TNRCC guidance: 
 
  (1) for Class I wells, other than salt cavern disposal wells and associated 
salt caverns: 
 
  (A) actual as-built drilling and completion data on the well; 
   
  (B) all logging and testing data on the well; 
   
  (C) a demonstration of mechanical integrity; 
   
  (D) anticipated maximum pressure and flow rate at which the permittee will 
operate; 
   
  (E) results of the injection zone and confining zone testing program as 
required in sec.331.62(f) of this title (relating to Construction Standards) and 
sec.331.65(a) of this title (relating to Class I Wells); 
   
  (F) the actual injection procedure; 
   
  (G) the compatibility of injected wastes with fluids in the injection zone and 
minerals in both the injection zone and the confining zone and materials used to 
construct the well; 
   
  (H) the calculated area of review and cone of influence based on data obtained 
during logging and testing of the well and the formation, and where necessary, 
revisions to the information submitted under sec.331.121 of this title (relating 
to Class I Wells); 
   
  (I) the status of corrective action required for defective wells in the area 
of review; 
   
  (J) compliance with the casing and cementing performance standard in 
sec.331.62(d) of this title (relating to Construction Standards), and where 
necessary, changes to the permit to provide for additional testing and/or 
monitoring of the well to insure the continuous attainment of the performance 
standard; and 
   
  (K) compliance with the cementing requirements in  sec.331.62(e). 
     
  (2) for salt cavern disposal wells and associated salt caverns: 
 
  (A) actual as-built drilling and completion data on the well; 
   
  (B) all logging, coring, and testing program data on the well and salt pilot 
hole; 
   
  (C) a demonstration of mechanical integrity of the well; 
   
  (D) the anticipated maximum wellhead and casing seat pressures and flow rates 
at which the well will operate during cavern development and cavern waste 
filling; 
   
  (E) results of the salt cavern injection zone and salt cavern confining zone 
testing program as required in sec.331.163(e)(3) of this title (relating to salt 
cavern solid waste disposal wells). 
   
  (F) the injection and production procedures for cavern development and cavern 
waste filling; 
   
  (G) the compatibility of injected materials with the contents of the salt 
cavern injection zone and the salt cavern confining zone, and with the materials 
of well construction; 
   
  (H) land subsidence monitoring data and groundwater quality monitoring data, 
including determinations of baseline conditions for such monitoring throughout 
the area of review; 
   
  (I) the status of corrective action required for defective wells in the area 
of review; 
   
  (J) actual as-built specifications of the well's surface support and 
monitoring equipment; and 
   
  (K) conformity of the constructed well system with the plans and 
specifications of the permit application. 
     
  (3) for Class III wells: 
 
  (A) logging and testing data on the well; 
   
  (B) a satisfactory demonstration of mechanical integrity for all new wells, 
excluding monitor wells; 
   
  (C) anticipated operating data; 
   
  (D) the results of the formation testing program; 
   
  (E) the injection procedures; and 
   
  (F) the status of corrective action required for defective wells in the area 
of review. 
 
  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 December 12, 1994. 
 TRD-9452296 
  Mary Ruth Holder 
 Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Effective date: January 2, 1995 
 Proposal publication date: June 28, 1994 
 For further information, please call: (512) 239-6087 
         
               
  Subchapter C. General Standards and Methods 
 
  30 TAC sec.331.45 
 
  The repeal is adopted under the Texas Water Code, sec.5.103 and sec.5.105, 
which authorizes the Texas Natural Resource Conservation Commission to 
promulgate rules necessary to carry out the powers and duties under the 
provisions of the Texas Water Code, Chapter 27, and other laws of this state; 
and under the Texas Health and Safety Code, sec.361.017 and sec.361.024, which 
further authorizes the Texas Natural Resource Conservation Commission to 
promulgate rules necessary to manage industrial solid waste and municipal 
hazardous wastes. 
 
  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 December 12, 1994. 
 TRD-9452295 
  Mary Ruth Holder 
 Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Effective date: January 2, 1995 
 Proposal publication date: June 28, 1994 
 For further information, please call: (512) 239-6087 
         
         
  Subchapter D. Standards for Class I Wells Other than Salt Cavern Solid Waste 
Disposal Wells 
 
  30 TAC sec.sec.331.61, 331.63-331.66, 331.68 
 
  The amendments are adopted under the Texas Water Code,  sec.5.103 and sec.5. 
105, which authorizes the Texas Natural Resource Conservation Commission to 
promulgate rules necessary to carry out the powers and duties under the 
provisions of the Texas Water Code, Chapter 27, and other laws of this state; 
and under the Texas Health and Safety Code, sec.361.017 and  sec.361.024, which 
further authorizes the Texas Natural Resource Conservation Commission to 
promulgate rules necessary to manage industrial solid and municipal hazardous 
wastes. 
 
 
  sec.331.63. Operating Requirements. 
 
  (a) All Class I wells shall be operated to prevent the movement of fluids that 
could result in the pollution of an underground source of drinking water (USDW) 
and to prevent leaks from the well into unauthorized zones. 
   
  (b) Injection pressure at the wellhead shall not exceed a maximum which shall 
be calculated so as to assure that the pressure in the injection zone during 
injection does not initiate new fractures or propagate existing fractures in the 
injection zone, initiate new fractures or propagate existing fractures in the 
confining zone, or cause movement of fluid out of the injection zone that may 
pollute USDWs, and fresh or surface water. 
   
  (c) Injection between the outermost casing protecting USDWs and fresh or 
surface water and the wellbore is prohibited. 
   
  (d) The annulus between the tubing and long string casing shall be filled with 
a non-corrosive or corrosion-inhibiting fluid approved by the commission. The 
annulus pressure shall be at least 100 psi greater than the injection tubing 
pressure to prevent leaks from the well into unauthorized zones and to detect 
well malfunctions, unless the executive director determines that such a 
requirement might harm the integrity of the well. 
   
  (e) Monthly average and maximum instantaneous rates of injection, and annual 
and monthly volumes of injected fluids shall not exceed limits specified by the 
commission. 
   
  (f) All gauges, pressure sensing, and recording devices shall be tested and 
calibrated quarterly. 
   
  (g) Any chemical or physical characteristic of the injected fluids shall be 
maintained within specified permit limits for the protection of the injection 
well, associated facilities, and injection zone and to ensure proper operation 
of the facility. 
   
  (h) The permittee shall notify the executive director before commencing any 
workover operation or corrective maintenance which involves taking the injection 
well out of service. The notification shall be in writing and shall include 
plans for the proposed work. The executive director may grant an exception of 
the prior written notification when immediate action is required. Approval by 
the executive director shall be obtained before the permittee may begin any 
workover operation or corrective maintenance that involves taking the well out 
of service. Pressure control equipment shall be installed and maintained during 
workovers which involve the removal of tubing. 
   
  (i) Mechanical integrity shall be demonstrated following any major operations 
which involve removal of the injection tubing, recompletions, or unseating of 
the packer. 
   
  (j) For workovers or testing operations on hazardous waste disposal wells, all 
hazardous fluids shall be flushed from the wellbore with a non-hazardous fluid 
before conducting any portion of the operations which would result in the 
exposure of the hazardous wastes to the environment or the public. 
   
  (k) An owner or operator of a Class I well who ceases injection operations 
temporarily may keep the well open provided he: 
 
  (1) has received written authorization from the executive director; and 
   
  (2) has described actions or procedures, satisfactory to the executive 
director, that the owner or operator will take to ensure that the well will not 
endanger USDWs, and fresh or surface water during the period of temporary 
disuse. These actions and procedures shall include compliance with the technical 
requirements applicable to active injection wells, including mechanical 
integrity. 
     
  (l) The owner or operator of a well that has ceased operations for more than 
two years shall notify the executive director 30 days prior to resuming 
operation of the well. 
   
  (m) The owner or operator shall maintain mechanical integrity of the injection 
well at all times. 
 
     
  sec.331.65. Reporting Requirements. 
 
  (a) Pre-operation reports. For new wells, including wells converting to Class 
I status, the requirements are as follows. 
 
  (1) Completion report. Within 90 days after the completion or conversion of 
the well, the permittee shall submit a Completion Report to the executive 
director. The report shall include a surveyor's plat showing the exact location 
and giving the latitude and longitude of the well. The report will also include 
a certification that a notation on the deed to the facility property or on some 
other instrument which is normally examined during title search has been made 
stating the surveyed location of the well, the well permit number, and its 
permitted waste streams. The permittee shall also include in the report, the 
following, prepared and sealed by a professional engineer with current 
registration pursuant to the Texas Engineering Practice Act: 
 
  (A) actual as-built drilling and completion data on the well; 
   
  (B) all logging and testing data on the well; 
   
  (C) a demonstration of mechanical integrity; 
   
  (D) anticipated maximum pressure and flow rate at which the permittee will 
operate; 
   
  (E) results of the injection zone and confining zone testing program as 
required in sec.331.62 of this title (relating to Construction Standards) and 
subsection (a) of this section; 
   
  (F) adjusted formation pressure increase calculations, fluid front 
calculations and updated cross-sections of the confining and injection zones, 
based on the data obtained during construction and testing; 
   
  (G) the actual injection procedure; 
   
  (H) the compatibility of injected wastes with fluids in the injection zone and 
minerals in both the injection zone and the confining zone and materials used to 
construct the well; 
   
  (I) the calculated area of review and cone of influence based on data obtained 
during logging and testing of the well and the formation, and where necessary, 
revisions to the information submitted under sec.331.121 of this title (relating 
to Class I Wells); 
   
  (J) the status of corrective action required for defective wells in the area 
of review; 
   
  (K) a Well Data Report on forms provided by the executive director; 
   
  (L) compliance with the casing and cementing performance standard in 
sec.331.62(4) of this title; and 
   
  (M) compliance with the cementing requirements in  sec.331.62(5) of this 
title. 
     
  (2) Local authorities. The permittee shall provide written notice to the 
executive director, in a manner specified by the executive director, that a copy 
of the permit has been properly filed with the health and pollution control 
authorities of the county, city, and town where the well is located. 
   
  (3) Start-up date and time. The permittee shall notify the executive director 
in writing of the anticipated well start-up date. Compliance with all pre-
operation terms of the permit must occur prior to beginning injection 
operations. The permittee shall notify the executive director at least 24 hours 
prior to beginning drilling operations. 
   
  (4) Approval of construction and completion. Prior to beginning operations, 
the permittee must obtain written approval from the executive director, 
according to sec.331.45 of this title (relating to Executive Director Approval 
of Construction and Completion). 
     
  (b)-(c) (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 December 12, 1994. 
 TRD-9452297 
  Mary Ruth Holder 
 Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Effective date: January 2, 1995 
 Proposal publication date: June 28, 1994 
 For further information, please call: (512) 239-6087 
         
             
  Subchapter G. Consideration Prior to Permit Issuance 
 
  30 TAC sec.331.121, sec.331.122 
 
  The amendments are adopted under the Texas Water Code,  sec.5.103 and sec.5. 
105, which authorizes the Texas Natural Resource Conservation Commission to 
promulgate rules necessary to carry out the powers and duties under the 
provisions of the Texas Water Code, Chapter 27, and other laws of this state; 
and under the Texas Health and Safety Code, sec.361.017 and  sec.361.024, which 
further authorizes the Texas Natural Resource Conservation Commission to 
promulgate rules necessary to manage industrial solid and municipal hazardous 
wastes. 
 
  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 December 12, 1994. 
 TRD-9452298 
  Mary Ruth Holder 
 Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Effective date: January 2, 1995 
 Proposal publication date: June 28, 1994 
 For further information, please call: (512) 239-6087 
         
         
  Subchapter I. Financial Responsibility 
 
  30 TAC sec.sec.331.142-331.144 
 
  The amendments are adopted under the Texas Water Code,  sec.5.103 and sec.5. 
105, which authorizes the Texas Natural Resource Conservation Commission to 
promulgate rules necessary to carry out the powers and duties under the 
provisions of the Texas Water Code, Chapter 27, and other laws of this state; 
and under Texas Health and Safety Code, sec.361.017 and sec.361.024, which 
further authorizes the Texas Natural Resource Conservation Commission to 
promulgate rules necessary to manage industrial solid and municipal hazardous 
wastes. 
 
  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 December 12, 1994. 
 TRD-9452299 
  Mary Ruth Holder 
 Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Effective date: January 2, 1995 
 Proposal publication date: June 28, 1994 
 For further information, please call: (512) 239-6087 
         
         
  Subchapter J. Standards for Class I Salt Cavern Solid Waste Disposal Wells 
 
  30 TAC sec.sec.331.163, 331.164, 331.167, 331.171 
 
  The amendments are adopted under the Texas Water Code,  sec.5.103 and sec.5. 
105, which authorizes the Texas Natural Resource Conservation Commission to 
promulgate rules necessary to carry out the powers and duties under the 
provisions of the Texas Water Code, Chapter 27, and other laws of this state; 
and under the Texas Health and Safety Code, sec.361.017 and  sec.361.024, which 
further authorizes the Texas Natural Resource Conservation Commission to 
promulgate rules necessary to manage industrial solid and municipal hazardous 
wastes. 
 
  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 December 12, 1994. 
 TRD-9452300 
  Mary Ruth Holder 
 Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Effective date: January 2, 1995 
 Proposal publication date: June 28, 1994 
 For further information, please call: (512) 239-6087 
         
           Chapter 334. Underground and Aboveground Storage Tanks 
  
  The Texas Natural Resource Conservation Commission (TNRCC) adopts amendments 
to sec.sec.334.49, 334.51, 334.55, and 334.77, concerning the underground and 
aboveground storage tank program, without changes to the proposed text as 
published in the July 8, 1994, issue of Texas Register  (19 TexReg 5335). 
 The rules are necessary in order for the TNRCC storage tank program to receive 
approval from the U. S. Environmental Protection Agency (EPA), and are intended 
to satisfy the "no less stringency" requirement mandated by EPA. 
 The rules clarify alternative systems that will be allowed for corrosion 
protection of underground storage tanks (USTs), alternative systems that will be 
allowed for spill and overfill prevention equipment on USTs, and the reporting 
requirements of initial abatement measures for confirmed releases. The rules 
also adjust cross-references. 
 The TNRCC received no comments regarding adoption of the rules. 
   
  Subchapter C. Technical Standards 
 
  30 TAC sec.sec.334.49, 334.51, 334.55 
 
  The amendments are adopted under the Texas Water Code,  sec.5.103, which 
provides the TNRCC with the authority to adopt any rules necessary to carry out 
the powers and duties under the Texas Water Code and other laws of this state. 
 
  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 December 9, 1994. 
 TRD-9452334 
  Mary Ruth Holder 
 Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Effective date: January 2, 1995 
 Proposal publication date: July 8, 1994 
 For further information, please call: (512) 239-6087 
         
         
  Subchapter D. Release Reporting and Corrective Action 
 
  30 TAC sec.334.77 
 
  The amendment is adopted under the Texas Water Code, sec.5.103, which provides 
the TNRCC with the authority to adopt any rules necessary to carry out the 
powers and duties under the Texas Water Code and other laws of this state. 
 
  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 December 9, 1994. 
 TRD-9452333 
  Mary Ruth Holder 
 Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Effective date: January 2, 1995 
 Proposal publication date: July 8, 1994 
 For further information, please call: (512) 239-6087 
         
           Chapter 335. Industrial Solid Waste and Municipal Hazardous Waste 
  
  Subchapter M. Pre-application Review and Permit Procedures 
 
  30 TAC sec.335.39l, sec.335.392 
 
  The Texas Natural Resource Conservation Commission adopts amendments to 
sec.335.39l and sec.335.392, concerning local pre-application review of 
proposals for new hazardous waste management facilities. Section 335.391 is 
adopted with changes to the proposed text as published in the September 30, 
l994, issue of the  Texas Register (19 TexReg 7752). Section 335.392 is adopted 
without changes and will not be republished. 
 The adopted sections define new and clarified requirements for informing the 
public of pre-application review, for designating the membership of review 
committees, and for procedures related to such review. 
 The amendments increase the effectiveness of the review process by expanding 
public awareness through published notice of intended applications, by requiring 
a more balanced and representative makeup of local review committees, by 
requiring the engagement of professional facilitators to coordinate the 
activities of review committees, and by directing prospective applicants to 
defray the reasonable expenses of committees and facilitators. 
 The comment period closed on October 3l, l994. No public hearing was requested 
to be held on the rules nor was such a hearing initiated by staff of the 
Commission. Written comments were received from an individual and a 
municipality. The individual commenter served on the committee that reviewed and 
recommended the amendments to the pre-application review and permit procedures. 
 One commenter urged inclusion of language in the amendment to sec.335.39l(d) 
requiring the executive director to include agreements reached by the applicant 
and the local review committee in the draft permit as found to be consistent 
with that draft. The commenter adds that the procedure for offering the report 
at the hearing is inadequate as it provides only that the report may be offered 
by any party at a hearing. The commenter points out that the local review 
committee would not necessarily be a party and it is possible that an applicant 
may not volunteer to place the report into the record of the hearing. The 
commission responds that the requirement in subsection (d) that the executive 
director shall consider the report in any decision to recommend granting or 
denial of the permit application is intended to give serious consideration to 
any report produced by a local review committee and to any agreements reached by 
the applicant and local review committee. Since commission hearings are legal in 
nature the report may be offered only by parties to the hearing, subject to the 
rules of evidence. In any event, the commission believes that the report is 
likely to be entered into evidence by either a party supporting or opposing the 
permit application. 
 The second commenter suggests that since facilitators are not licensed, perhaps 
it would be more feasible to allow the group to choose who they wish as a 
facilitator. The Commission responds with a clarification of sec.335.391(c) 
(3)(B)(x) to provide that the committee shall select and engage the services of 
a professional facilitator. 
 The amendments are adopted under the Texas Water Code, Title 2, Subtitle A, 
sec.5.l03 and sec.5.l05, which authorizes the commission to adopt any rules 
necessary to carry out its powers and duties under the code and other laws of 
this state and to establish and approve all general policy of the commission and 
under Health and Safety Code, Title 5, Subtitle B, sec.36l.024, which authorizes 
the commission to adopt rules consistent with that chapter and to establish 
minimum standards of operation for the management and control of the solid waste 
under the commission's jurisdiction. 
 
 
  sec.335.391. Pre-Application Review. 
 
  (a)-(b) (No change.) 
   
  (c) Procedure. 
 
  (1) If a potential applicant decides to participate in a local review 
committee process, the potential applicant may so inform the persons listed in 
subparagraphs (A)-(C) of this paragraph, as soon as feasible after beginning 
informal discussions with the commission. To formally initiate the pre-
application review process, the potential applicant shall file a notice of 
intent to file an application with the commission. Further, at the same time the 
potential applicant shall cause the notice to be published in a paper of general 
circulation in the county in which the facility is to be located. The form of 
this notice is specified in sec.335.392 of this title (relating to Notice of 
Intent To File a Permit Application). The potential applicant will, at the same 
time, send a copy of the notice by certified mail, return receipt requested, to 
the following persons: 
 
  (A)-(C) (No change.) 
     
  (2) (No change.) 
   
  (3) Local review committees shall be composed of representatives of both local 
and regional interests. 
 
  (A) Size. A local review committee shall consist optimally of 12 individuals. 
However, by mutual agreement between the applicant and the persons appointing 
the committee, a larger committee to better represent all interest groups 
present in a community or a smaller committee for economic reasons may be 
appointed. However, the committee shall maintain a one to one ratio of regional 
appointments to local appointments. 
   
  (B) Appointments: 
 
  (i)-(iv) (No change.) 
   
  (v) If any local official or regional entity has failed to make any 
appointments within 45 days after the notice of intent to file has been received 
by the commission, the committee will be abolished without harm to the 
applicant's ability to pursue the application. 
   
  (vi) Every effort should be made to appoint individuals who are open-minded, 
willing to participate in good faith, able to devote adequate time to 
participation, and respected in the community or region. The committee shall 
reflect the diversity of the community, including but not limited to the 
following factors: gender, age, race, economic status, and educational level. 
   
  (vii) Appointees shall not be employees or agents of the potential applicant. 
   
  (viii) (No change.) 
   
  (ix) The committee shall elect a chairperson who will preside over meetings. 
   
  (x) The committee shall be required to select and engage the services of a 
professional facilitator for the purpose of coordinating the activities of the 
committee and preparing the report. 
       
  (4) The local review committee shall meet within 21 days after all regional 
and local appointments have been made. The commission will provide manuals to 
committee members which will orient them as to what the committee's activities 
should be; i.e., the production of a report detailing issues resolved, issues 
unresolved, and unanswered questions. 
   
  (5) The pre-application review process shall continue for a maximum of 180 
days unless it is shortened or lengthened by mutual agreement between the 
potential applicant and the local review committee. In addition, by mutual 
agreement the applicant and the committee may continue a dialogue for the 
purpose of addressing new concerns and changes to the draft permit. 
   
  (6) Individuals who serve on local review committees shall serve without 
compensation; however, reasonable expenses for travel may be provided by the 
applicant. The potential applicant shall provide resources to fund the 
facilitator and other expenses which may include clerical and technical 
assistance, meeting space, and/or other items which may be necessary to aid the 
committee in its work. 
     
  (d) (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 December 12, 1994. 
 TRD-9452301 
  Mary Ruth Holder 
 Director, Legal Services Division 
 Texas Natural Resource Conservation Commission 
    Effective date: January 2, 1995 
 Proposal publication date: September 30, 1994 
 For further information, please call: (512) 239-6087 
         
                   
  TITLE 43. TRANSPORTATION 
 Part I. Texas Department of Transportation 
  Chapter 17. Vehicle Titles and Registration 
  
  Dealers and Manufactures Vehicle License Plates 
 
  43 TAC sec.17.67 
 
  The Texas Department of Transportation adopts an amendment to sec.17.67, with 
changes to the proposed text as published in the September 23, 1994, issue of 
the Texas Register (19 TexReg 7516). Appendix B-1 and B-2 of sec.17.67 reflect 
the changes. 
 Temporary cardboard tags are displayed for up to 20 days after purchase, in 
lieu of regular license plates. The department has received several complaints 
concerning the address requirement, particularly from women and older persons 
who are concerned for their personal safety. The department has determined that 
the safety concerns relating to the display of the purchaser's address outweigh 
the benefits and, therefore, finds it necessary to adopt an amendment to 
sec.17.67 to remove the requirement that the temporary cardboard tags display 
the purchaser's address. The department has changed the proposed rule so that 
the statement on the bottom line of the tag which read "Alterations Void This 
Receipt" is changed to read "Alterations Void This Tag." 
 A public hearing on the proposed amendment was held on October 4, 1994 and no 
oral or written comments were received. 
 The amendment is adopted under Texas Civil Statutes, Article 6666, which 
provide the Texas Transportation Commission with the authority to promulgate 
rules for the conduct of the work of the Texas Department of Transportation, and 
more specifically Texas Civil Statutes, Article 6686, which authorize the 
department to promulgate rules necessary to carry out the provision of laws 
governing the issuance of dealer's and manufacture's license plates and tags. 
 
 
  sec.17.67. Temporary Cardboard Tags. 
 
  (a) (No change.) 
   
  (b) The following appendices indicate the design and instructions for printing 
and use of each of the respective temporary tags: 
 
  (1) Appendix A-1-dealer (design); Appendix A-2-dealer (instructions); 
       
  Figure 1: 43 TAC sec.17.67(b)(1). 
 
  (2) Appendix B-1-buyer (design); Appendix B-2-buyer (instructions); 
     
  Figure 2: 43 TAC sec.17.67(b)(2). 
 
  (3) (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 authority. 
 Issued in Austin, Texas, on December 12, 1994. 
 TRD-9452328 
  Diane L. Northam 
 Legal Executive Assistant 
 Texas Department of Transportation 
    Effective date: January 2, 1995 
 Proposal publication date: September 23, 1994 
 For further information, please call: (512) 463-8630