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 1. ADMINISTRATION
PART V. General Services Commission
CHAPTER 111.Executive Administration Division
1 TAC sec.111.4
The General Services Commission adopts an amendment to sec.111.4, concerning 
ethical standards without changes to the proposed text as published in the March 
18, 1997, issue of the Texas Register (22 TexReg 2840). 
The amendment is being adopted to conform language of sec.111.4 to the exact 
wording of the Texas Government Code, sec.572.054, insofar as it affects 
employees, former employees, vendors and potential vendors. 
By conforming sec.111.4 to the Texas Government Code, sec.572.054, the 
commission will be able to rely on the direction of the Texas Ethics Commission 
Advisory Opinions in the administration and interpretation of sec.111.4. 
No comments were received regarding the adoption of amendments to sec.111.4 
The amendment is adopted under the Texas Government Code, Title 10, Subtitle D. 
which provides the General Services Commission with the authority to promulgate 
rules necessary to accomplish the purpose of the Code. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 23, 1997.
TRD-9705458
Judy Ponder
General Counsel
General Services Commission
Effective date: May 13, 1997
Proposal publication date: March 18, 1997
For further information, please call: (512) 463-3960

TITLE 22. EXAMINING BOARDS
PART VIII. Texas Appraiser Licensing and Certification Board
CHAPTER 153. Provisions of the Texas Appraiser Licensing and Certification Act
22 TAC sec.153.20
The Texas Appraiser Licensing and Certification Board adopts amendments to 
sec.153.20, concerning Guidelines for Revocation, Suspension or Denial of 
Licensure or Certification, without changes to the proposed text as published in 
the March 11, 1997, edition of the Texas Register (22 TexReg 2566). 
This rule is being amended to clarify the section title to better reflect the 
contents of the section. Amendments to sec.153.20(a) add provisions to deny 
issuing a license or certification on the same basis that a license or 
certification may be revoked or suspended. Amendments to sec.153.20(g) clarify 
that the revocation of a license or certification for failure to pay child 
support is done by the Attorney General or other court of competent 
jurisdiction, rather than through the board's disciplinary process. 
No written comments were received regarding adoption of the amendment. No oral 
comments were received at the April 18, 1997, Texas Appraiser Licensing and 
Certification Board meeting at which these amendments were considered and public 
comments were solicited. 
The amendments are adopted under sec.5 of the Texas Appraiser Licensing and 
Certification Act (Article 6573a.2, V.T.C.S.) which provides the Texas Appraiser 
Licensing and Certification Board with authority to adopt rules for the 
licensing and certification of real estate appraisers and for standards of 
practice. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 25, 1997.
TRD-9705589
Renil C. Liner
Commissioner
Texas Appraiser Licensing and Certification Board
Effective date: May 19, 1997
Proposal publication date: March 11, 1997
For further information, please call: (512) 465-3950

TITLE 28. INSURANCE
PART I. Texas Department of Insurance
CHAPTER 3.Life, Accident and Health Insurance and Annuities 
SUBCHAPTER S.Minimum Standards and Benefits and Readability for Accident and 
Health Insurance Policies 
28 TAC sec.3.3090
The Commissioner of Insurance adopts an amendment to sec.3.3090, concerning 
outline of coverage without changes to the proposed text as published in the 
November 8, 1996, issue of the Texas Register (21 TexReg 10958). 
The amendments to sec.3.3090 are necessary to streamline implementation of the 
provisions of the Insurance Code, Article 3.70-1(G), relating to outline of 
coverage. The amendment is also necessary to avoid duplication of effort and 
resources when complying with the requirements for preferred provider plans in 
sec.3.3704(7). 
The amendments to this section allow an insurer issuing individual accident and 
sickness policies containing preferred provider benefits to provide to its 
insureds an outline of coverage by supplementing and providing the disclosure 
required by sec.3.3704(7) in lieu of requiring the insurer to provide two 
separate documents in order to comply with sec.3.3704(7) and sec.3.3090. No 
comments were received regarding adoption of the amendment. 
The amendment is adopted under the Insurance Code, Articles 3.70-1(D) and 1.03A. 
The Insurance Code, Article 3.70-1(G) provides that the department may 
promulgate such reasonable rules and regulations as are necessary and proper to 
carry out the provisions of the article. The Insurance Code, Article 1.03A 
provides that the Commissioner of Insurance may adopt rules and regulations to 
execute the duties and functions of the Texas Department of Insurance as 
authorized by statute. The Government Code, Chapter 2001, sec.sec.2001.004 et 
seq. authorizes and requires each state agency to adopt rules of practice 
setting forth the nature and requirement of available procedures and prescribes 
the procedures for adoption of rules by a state administrative agency.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 23, 1997.
TRD-9705459
Robert E. Carter, Jr.
Assistant General Counsel
Texas Department of Insurance
Effective date: May 13, 1997
Proposal publication date: November 8, 1996
For further information, please call: (512) 463-6327

TITLE 30. ENVIRONMENTAL QUALITY
PART I. Texas Natural Resource Conservation Commission 
CHAPTER 1.Purpose of Rules, General Provisions
30 TAC sec.1.10
The commission adopts an amendment to sec.1.10, concerning Document Filing 
Procedures. The amendment is adopted without changes to the proposed text as 
published in the October 25, 1996, issue of the Texas Register (21 TexReg 
10498). The purpose of this action is to continue to consolidate and make 
clarifications to procedural rules. Other changes to agency procedural rules in 
Chapters 50, 55, 80, 116, 312, 321, 330, 332, and 337 are adopted concurrently. 
EXPLANATION OF ADOPTED RULE. The amendment to sec.1.10, concerning Document 
Filing Procedures, changes subsection (c) to provide that documents may be filed 
by United States mail. This clarifies that documents may not be filed by 
electronic mail. 
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact 
Assessment for this rule under Texas Government Code, sec.2007.043. The 
following is a summary of that assessment. The specific purpose of this rule is 
to make clarifications to procedural rules, recognize the creation of the 
commission's Office of Public Assistance and its role in facilitating public 
participation, and provide for the processing of hearing requests. The rule will 
substantially advance these specific purposes by providing specific provisions 
on these matters. Promulgation and enforcement of this rule will not burden 
private real property which is the subject of the rule because it concerns 
commission procedural rules. The following exceptions to the application of 
Texas Government Code, Chapter 2007, apply to this rule: the action 
significantly advances the health and safety purpose and imposes no greater 
burden than is necessary to achieve the health and safety purpose. 
HEARING AND COMMENTERS. A public hearing was held to receive oral and written 
comment on the proposed rule at commission offices in Austin on November 25, 
1996. The public comment period closed November 25, 1996. No written or oral 
testimony was received on the proposed rule. 
STATUTORY AUTHORITY. The amendment is adopted under Texas Water Code, 
sec.sec.5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006 and 
Texas Health and Safety Code, sec.sec.341.002, 341.031, 361.011, 361.017, 
361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the 
commission to adopt any rules necessary to carry out its powers and duties under 
the Water Code and other laws of Texas and to establish and approve all general 
policy of the commission. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 16, 1997.
TRD-9705485
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: May 15, 1997
Proposal publication date: October 25, 1996
For further information, please call: (512) 239-1966

CHAPTER 50.Action on Applications
SUBCHAPTER B.Action by the Commission
30 TAC sec.50.19
The commission adopts new sec.50.19 and sec.50.43, concerning motions for 
rehearing and returning applications. The commission also adopts amendments to 
sec.sec.50.31, 50.33, 50.37, 50.39, and 50.41, concerning procedural rules, 
executive director action on applications, and motions for reconsideration. The 
purpose of this action is to continue to consolidate and make clarifications to 
procedural rules, and recognize the creation of the commission's Office of 
Public Assistance and its role in facilitating public participation. Other 
changes to agency procedural rules in Chapters 1, 55, 80, 116, 312, 321, 330, 
332, and 337 are adopted concurrently. 
Sections 50.19, 50.31, 50.33, 50.39, and 50.43 are adopted with changes to the 
proposed text as published in the October 25, 1996, issue of the Texas Register 
(21 TexReg 10499). Sections 50.37 and 50.41 are adopted without changes and will 
not be republished. 
EXPLANATION OF ADOPTED RULES. New sec.50.19, concerning Concerning Notice of 
Commission Action, Motion for Rehearing, requires the chief clerk to mail notice 
of the commission's final action on an application. It also provides that the 
procedures contained in sec.80.271 of this title (relating to Motion for 
Rehearing) apply if the commission acts on an application. The section requires 
a motion for rehearing to be filed within 20 days after the date of notification 
of the commission's final decision or order on an application. The section also 
provides for the appeal of a final decision under statute. The section was 
modified from the proposal to change the title and provide for the chief clerk's 
action. Additionally, a proposed sentence stating that the section does not 
apply to emergency or temporary orders or authorizations was removed. These 
changes were made to provide more clarification and remove an unnecessary 
provision. 
The amendment to sec.50.31, concerning Purpose and Applicability, adds a new 
subsection (d) providing that when the rules governing a particular type of 
application allow a motion for reconsideration, sec.50.39(b)-(f) applies. This 
amendment provides a consistent process for reconsideration of executive 
director actions and was revised from the proposal for more clarity. 
The amendments to sec.50.33, concerning Executive Director Action on 
Application, add new sec.50.33(a)(5), derived from old sec.50.33(a)(4)(A) and 
(B), to provide the executive director authority to act on an application if the 
application is uncontested because: no timely hearing requests are filed with 
the chief clerk; the applicant and the persons who filed timely requests have 
agreed in writing to the executive director's action; or any timely requests 
have been withdrawn in writing or denied. The amendments now provide consistent 
criteria for executive director action in all media. The amendments also add a 
new subsection (b), concerning the distribution of notices of the signed action 
by the chief clerk to interested persons, redesignate old subsection (b) as 
subsection (c), and correct a typographical error in the old subsection (b). The 
new subsection (b) was modified from the proposal to clarify that the chief 
clerk will give notice to persons who filed public comment, but only to those 
who timely filed public comment. 
The amendment to sec.50.37, concerning Remand for Action of the Executive 
Director, would allow executive director action where all timely hearing 
requests have been withdrawn or denied. The amendment also provides that the 
general counsel may remand an application to the executive director. 
The amendments to sec.50.39, concerning Motion for Reconsideration, delete that 
portion of subsection (b) stating that the commission will consider a late filed 
hearing request as a motion for reconsideration. This will allow the chief clerk 
to process applications in a more orderly fashion. The amendments also provide 
in subsection (d) that extensions of time will be by written order. 
The amendment to sec.50.41, concerning Eligibility of Executive Director, 
clarifies that the section is effective upon national pollutant discharge 
elimination system (NPDES) program delegation. 
New sec.50.43, concerning Withdrawing the Application, requires the executive 
director to allow the withdrawal of an application upon the applicant's request 
and file a written acknowledgment with the chief clerk before the application is 
submitted to the State Office of Administrative Hearings (SOAH). The section 
further provides for the removal of the application from a commission's agenda. 
In addition, it authorizes the return to an applicant the classified or 
confidential portion of the application under sec.1.5(d) of this title, relating 
to Records of the Agency. The section was modified from the proposal in response 
to comments and for further clarification. 
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact 
Assessment for these rules under Texas Government Code, sec.2007.043. The 
following is a summary of that assessment. The specific purpose of these rules 
is to make clarifications to procedural rules, recognize the creation of the 
commission's Office of Public Assistance and its role in facilitating public 
participation, and provide for the processing of hearing requests. The rules 
will substantially advance these specific purposes by providing specific 
provisions on these matters. Promulgation and enforcement of these rules will 
not burden private real property which is the subject of the rules because they 
concern commission procedural rules. The following exceptions to the application 
of Texas Government Code, Chapter 2007, apply to these rules: the action 
significantly advances the health and safety purpose and imposes no greater 
burden than is necessary to achieve the health and safety purpose. 
HEARING AND COMMENTERS. A public hearing was held to receive oral and written 
comment on the proposed rules at commission offices in Austin on November 25, 
1996. The public comment period closed November 25, 1996. 
Written comments were received from: Henry, Lowerre, Johnson, Hess & Frederick 
and Public Citizen (Henry, Lowerre); Hutcheson & Grundy, L.L.P. (Hutcheson & 
Grundy); and the League of Women Voters of Texas (League of Women Voters). 
The commission clarified sec.50.19, concerning motions for rehearing, by adding 
a subsection (a) that requires the chief clerk to mail notice of the 
commission's final action on an application. This clarifies the rule because the 
requirement to file a motion for rehearing is connected to being given notice of 
the commission action. Currently, the chief clerk gives this notice. Thus, the 
addition of the clarifying language will not change agency practice. 
The commission deleted the last sentence of the proposed sec.50.19(b), which 
provided that the section does not apply to certain approvals. The sentence is 
not necessary because sec.50.2(b) specifies that the chapter does not apply to 
such approvals. 
The commission made changes to sec.50.31(d) to clarify its meaning. Henry, 
Lowerre objected to the proposed change to sec.50.33(a)(4), stating that the 
filing of a "protest" will no longer prevent the executive director from issuing 
final approval of an application. The change means that only the filing of a 
timely hearing request concerning an application will deem the application 
contested, and require the commission to review the application in open meeting. 
The commenter argued that this change calls on the public to understand legal 
terms such as "hearing request." 
The commission has made no changes in response to this comment. The commission 
has adopted changes to 30 TAC Chapter 55, concerning the processing of hearing 
requests and public comment, which are published in this edition of the Texas 
Register. The revised Chapter 55 sets rules for the processing of public comment 
that will ensure the comment is reviewed by the executive director, the public 
interest counsel, and the Office of Public Assistance. The agency will give 
serious review to the commenter's issues. If, on the other hand, a person 
desires to file a hearing request, he or she needs to follow the directions in 
the public notice. The commission's public notices explain in plain language 
that if a person seeks to request a hearing, he or she should file with the 
chief clerk the statement "I request a public hearing." If a person timely files 
this statement, his or her hearing request will be considered by the commission. 
The commission has revised sec.50.33(b), concerning notice of the executive 
director taking action on an application. The changes clarify that the chief 
clerk will give notice to persons who filed public comment, but the chief clerk 
is required to mail notice only to those persons who timely filed public 
comment. Also, the changes allow the chief clerk to mail notice of the action 
rather than a copy of the actual approval document. 
The commission deleted the portion of sec.50.39(b), stating that the commission 
considers a late filed hearing request as a motion for reconsideration.
The commission makes this change together with changes to Chapter 55 that are 
published in this edition of the Texas Register. As explained in the preamble to 
the Chapter 55 changes, the adopted rules allow the chief clerk to process 
applications in an orderly fashion. Henry, Lowerre criticized sec.50.41, 
concerning the eligibility of the executive director to issue final approval of 
permits under the federal NPDES. The commenter said that it is not necessary for 
the executive director to be in a conflict of interest when issuing final 
approval of an application. The commission has made no changes in response to 
this comment. The adopted rule is as the commenter seeks, a requirement that the 
executive director not be in a conflict of interest when issuing final approval. 
Henry, Lowerre criticized the proposed new sec.50.43, concerning the withdrawal 
of an application before the application is referred for hearing to SOAH. The 
commenter criticized the rule because it requires the executive director to 
allow the applicant to withdraw the application. The commenter posed a scenario 
where there could be valid reasons for not allowing an applicant to withdraw its 
application at this stage of its processing. According to the commenter, the 
rule shows that permit processing is "dominated" by applicants, and may lead to 
an unclear record of events at the agency. 
The commission has made some changes in response to this comment. The adopted 
rule is intended to clarify agency procedure when an applicant seeks to withdraw 
the application before the application is referred to SOAH. (The commission 
already has a rule on withdrawing an application after it has been referred to 
SOAH, 30 TAC sec.80.25.) At this stage in the processing of an application it 
will be the commission's own agency staff that will have expended the majority 
of resources reviewing the application, not the public. If there be any harm 
from the withdrawal, the majority of the harm would be suffered by the 
commission itself, and so the commission believes it may appropriately place 
this burden on itself. The commission does agree with the commenter to the 
extent that the record of the application and its withdrawal should be clear. 
The commission has revised the adopted rule to require the executive director to 
file a written withdrawal with the chief clerk. Also, the rule has been revised 
to clarify that an application "withdrawn" means agency staff will end its 
evaluation of the application. This does not mean an applicant may physically 
remove items from agency files, except for confidential documents. The 
commission notes that 30 TAC sec.281.18 (relating to Applications Returned) 
allows the executive director to return an application before it is 
administratively complete. Section 281.18 applies so long as the application has 
not been declared administratively complete. The commission does not intend the 
new sec.50.43 to conflict with the operation of sec.281.18. 
STATUTORY AUTHORITY. The new section is adopted under Texas Water Code, 
sec.sec.5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006 and 
Texas Health and Safety Code, sec.sec.341.002, 341.031, 361.011, 361.017, 
361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the 
commission to adopt any rules necessary to carry out its powers and duties under 
the Water Code and other laws of Texas and to establish and approve all general 
policy of the commission. 

sec.50.19.Notice of Commission Action, Motion for Rehearing.
(a) If the commission acts on an application, the chief clerk shall mail notice 
of the action to the applicant, executive director, public interest counsel, and 
to other persons who timely filed public comment or hearing requests in response 
to public notice. The notice shall explain the opportunity to file a motion 
under sec.80.271 of this title (relating to Motion for Rehearing). The chief 
clerk need not mail to persons submitting public comment or hearing requests who 
have not provided a return mailing address. The chief clerk may mail the 
information to a representative group of persons when a substantial number of 
public comments have been submitted.
(b) If the commission acts on an application, the procedures contained in 
sec.80.271 of this title apply. A motion for rehearing in such a case must be 
filed within 20 days after the date the person or his attorney of record is 
notified of the commission's final decision or order on the application. If the 
motion is denied under sec.80.271 and sec.80.273 of this title (relating to 
Motion for Rehearing and Decision Final and Appealable) the commission's 
decision is final and appealable under Texas Water Code, sec.5.351 or Texas 
Health and Safety Code, sec.sec.361.321, 382.032, or 401.341. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 16, 1997.
TRD-9705481
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: May 15, 1997
Proposal publication date: October 25, 1996
For further information, please call: (512) 239-1966

SUBCHAPTER C.Action by Executive Director
30 TAC sec.sec.50.31, 50.33, 50.37, 50.39, 50.41, 50.43 
The amendments and new sections are adopted under Texas Water Code, 
sec.sec.5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006 and 
Texas Health and Safety Code, sec.sec.341.002, 341.031, 361.011, 361.017, 
361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the 
commission to adopt any rules necessary to carry out its powers and duties under 
the Water Code and other laws of Texas and to establish and approve all general 
policy of the commission.

sec.50.31.Purpose and Applicability.
(a)-(c) (No change.) 
(d) Notwithstanding subsections (b) or (c) of this section, when the rules 
governing a particular type of application allow a motion for reconsideration, 
sec.50.39(b)-(f) of this title (relating to Motion for Reconsideration) applies. 
If the rules under which the executive director evaluates a registration 
application provide criteria for evaluating the application, the commission's 
reconsideration will be limited to those criteria. 

sec.50.33.Executive Director Action on Application. 
(a) The executive director may act on an application subject to this subchapter 
if: 
(1)-(3) (No change.) 
(4) the executive director's staff and public interest counsel do not raise 
objections; and 
(5) the application is uncontested because: 
(A) no timely hearing requests are filed with the chief clerk;
(B) the applicant and the persons who filed timely requests have agreed in 
writing to the action to be taken by the executive director; or 
(C) any timely requests have been withdrawn in writing or have been denied. 
(b) If the executive director acts on an application the chief clerk shall mail 
to the applicant, the public interest counsel, and to other persons who timely 
filed public comment in response to public notice, notice of the action, any 
response to public comment under sec.55.25 of this title (relating to Public 
Comment Processing), and an explanation of the opportunity to file a motion 
under sec.50.39 of this title (relating to Motion for Reconsideration), if 
applicable. The chief clerk need not mail to persons submitting public comment 
who have not provided a return mailing address. The chief clerk may mail the 
information to a representative group of persons when a substantial number of 
public comments have been submitted. If there were timely filed hearing requests 
that the commission denied, the chief clerk should also mail to the persons who 
timely filed hearing requests. 
(c) If an application does not meet the requirements of subsection (a) of this 
section, the executive director shall refer the application to the chief clerk. 
The chief clerk shall schedule the application for consideration and action by 
the commission. 

sec.50.39.Motion for Reconsideration.
(a) (No change.) 
(b) A motion for reconsideration must be filed no later than 20 days after the 
signed permit, approval, or other written notice of the executive director's 
action is mailed to the applicant. 
(c) (No change.) 
(d) Extension of time limits. With the agreement of the parties or on their own 
motion, the commission or the general counsel may, by written order, extend the 
period of time for filing motions for reconsideration and for taking action on 
the motions so long as the period for taking action is not extended beyond 90 
days after the date the signed permit, approval, or other written notice of the 
executive director's action is mailed to the applicant. 
(e)-(f) (No change.) 

sec.50.43.Withdrawing the Application.
Upon a request by the applicant at any time before the application is referred 
to SOAH, the executive director shall allow the withdrawal of the application 
and shall file a written acknowledgment of the withdrawal with the chief clerk. 
If the application has been scheduled for a commission meeting, the chief clerk 
shall remove it from the commission's agenda. The agency may return to the 
applicant the classified or confidential portion of the application under 
sec.1.5(d) of this title (relating to Records of the Agency). For purposes of 
this rule, an application is referred to SOAH when the commission votes during a 
public meeting for referral or when the executive director or the applicant file 
a request to refer with the chief clerk under sec.55.26 of this title (relating 
to Hearing Request Processing). 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 16, 1997.
TRD-9705480
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: May 15, 1997
Proposal publication date: October 25, 1996
For further information, please call: (512) 239-1966

CHAPTER 55.Request for Contested Case Hearings; Public Comment 
SUBCHAPTER B.Hearing Requests, Public Comment 
30 TAC sec.sec.55.21, 55.25-55.27, 55.31 
The commission adopts amendments to sec.sec.55.21, 55.25, 55.27, and 55.31, 
concerning procedural rules and hearings requests. The commission also adopts 
new sec.55.26, concerning hearing requests. The purpose of this action is to 
continue to consolidate and make clarifications to procedural rules, recognize 
the creation of the commission's Office of Public Assistance and its role in 
facilitating public participation, and provide for the consistent processing of 
hearing requests. Other changes to agency procedural rules in Chapters 1, 50, 
80, 116, 312, 321, 330, 332, and 337 are adopted concurrently. 
All of the amendments and the new section are adopted with changes to the 
proposed text as published in the October 25, 1996, issue of the Texas Register 
(21 TexReg 10502). 
EXPLANATION OF ADOPTED RULES. The commission modified the proposal to change the 
title of Chapter 55 from "Request for Contested Case Hearings" to "Request for 
Contested Case Hearings; Public Comment." The proposal was also modified to make 
a conforming change to the title of Subchapter B to reflect the new chapter 
title. 
The amendments to sec.55.21, concerning Requests for Contested Case Hearings, 
Public Comment, change the title of the section, provide that hearing requests 
must be in writing and be filed by United States mail, facsimile, or hand 
delivery, and prescribe certain content requirements to aid in the processing of 
requests. The section was modified from the proposal to clarify that a 
commissioner, acting alone, cannot request a hearing, and to provide that the 
deadline for filing hearing requests and public comment runs from the last 
publication date. The commission also modified the proposal to add a new 
subsection (e), providing that documents that are filed with the chief clerk 
which contain comments on an application but do not contain a request for 
hearing will be treated as public comment. A new subsection (f) provides that 
late filed hearing requests and public comment shall not be processed, and 
incorporates the previous sec.55.21(e). Finally, the proposal was modified to 
add a new subsection (g), which provides that there is no right to a hearing 
concerning a minor amendment or Class 1 or Class 2 modification. These changes 
were made in response to comments and for further clarification. 
The amendments to sec.55.25 change the name of the section from "Hearing Request 
Processing" to "Public Comment Processing." The amendments also provide for the 
delivery of all documents filed with the chief clerk in response to the public 
notice of an application to the Offices of Public Assistance and Alternative 
Dispute Resolution. The proposal was modified to move the requirements of the 
previous sec.55.25(b), concerning hearing requests processing, to sec.55.26(d). 
New sec.55.26, concerning Hearing Request Processing, incorporates language 
concerning hearing requests previously in sec.55.25, and provides that the 
process only applies to timely hearing requests. The amendment also removed an 
earlier provision that one commissioner, acting alone, could refer a case to the 
State Office of Administrative Hearings (SOAH). The section was modified as 
proposed to restate the requirement that the chief clerk must mail notice of the 
commission meeting to evaluate hearing requests, correct an incorrect cross-
reference, and clarify that the executive director or applicant may directly 
refer an application to SOAH for a hearing. These changes were made for further 
clarification. 
The amendment to sec.55.27, concerning Commission Action on Hearing Request, 
provides that the determination of the validity of a hearing request is not, in 
itself, a contested case subject to the Texas Administrative Procedure Act 
(APA). The commission modified the proposal to provide that the commission may 
deny hearing requests and refer an application for a public meeting to develop 
public comments. This change is intended to provide another option for public 
participation. The section was further modified from the proposal, in response 
to comments, to provide that a hearing request referred to SOAH must be 
processed as a contested case under the APA. 
The amendment to sec.55.31, concerning Determination of Reasonableness of 
Hearing Request, continues to consolidate commission procedures. It provides for 
a consistent set of criteria to be applied to hearing requests in all media, and 
expressly allows certain criteria that were formerly applicable only to air 
quality applications to be applied to all hearing requests. The adopted section 
includes revisions to sec.55.31(a)(3) to clarify the concept of a reduction 
project, as applied to the various types of applications considered by the 
commission. 
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact 
Assessment for these rules under Texas Government Code, sec.2007.043. The 
following is a summary of that assessment. The specific purpose of these rules 
is to make clarifications to procedural rules, recognize the creation of the 
commission's Office of Public Assistance and its role in facilitating public 
participation, and provide for the processing of hearing requests. The rules 
will substantially advance these specific purposes by providing specific 
provisions on these matters. Promulgation and enforcement of these rules will 
not burden private real property which is the subject of the rules because they 
concern commission procedural rules. The following exceptions to the application 
of Texas Government Code, Chapter 2007, apply to these rules: the action 
significantly advances the health and safety purpose and imposes no greater 
burden than is necessary to achieve the health and safety purpose. 
HEARING AND COMMENTERS. A public hearing was held to receive oral and written 
comment on the proposed rules at commission offices in Austin on November 25, 
1996. The public comment period closed November 25, 1996. 
Written comments were received from: Henry, Lowerre, Johnson, Hess, & Frederick 
and Public Citizen (Henry, Lowerre); Hutcheson & Grundy, L.L.P. (Hutcheson & 
Grundy); and the League of Women Voters of Texas (League of Women Voters). 
The commission has revised the title of Chapter 55 (and the title of Subchapter 
B) to clarify that it concerns the processing of both hearing requests and 
public comment. 
The commission has revised sec.55.21(a)(1) and sec.55.27(b)(1) to clarify that a 
commissioner (acting alone) may not request a hearing. The change is intended to 
correspond to the change made in sec.55.26(g), which no longer allows for a 
commissioner to directly refer an application to SOAH for hearing. 
Henry, Lowerre objected to the proposed revision to sec.55.21(c)(2), which 
requires a hearing requester to include in his or her hearing request a brief 
but specific explanation of how he or she is affected by the application. The 
commenter finds objectionable the portion of this requirement that calls on the 
requester to explain his or her location in relation to the proposed permitted 
activity. Some persons may be affected by a permitted activity based on their 
use of a resource that has nothing to do with the location of his or her 
residence. 
The commission makes no changes in response to this comment. The commission has 
in the past granted hearing requests based on the hearing requester's use of a 
resource that is affected by a permitted activity. But in the majority of cases, 
the hearing requester's complaint has to do with the use of his or her residence 
located somewhere near the permitted activity. The commission sees no harm in 
specifying in its rules a requirement for general information because in most 
instances this will assist the requester with providing the type of information 
the commission seeks. 
The League of Women Voters urged that the deadline for filing hearing requests 
in sec.55.21(d) should be calculated from the last publication date (not the 
first) for all types of applications or the deadline should be specified in the 
notice as a date certain. Henry, Lowerre made a similar comment in another 
rulemaking matter, concerning the commission's recently adopted rules on public 
notice (see the December 27, 1996, issue of the Texas Register (21 TexReg 
12552)). 
The commission responds by making the deadline for filing hearing requests run 
from the last publication date. The commission makes this change because in many 
instances the applicant must publish notice more than once to meet notice 
requirements, either because there is an explicit requirement to publish more 
than once or because no one newspaper covers all of the territory in which 
notice must be published. The text of notice will specify the deadline for 
filing hearing requests and public comment that is so many days (usually 30) 
after publication, and the person reading the notice normally will assume the 
publication date that will be used to calculate the deadline is taken from the 
publication he or she is reading. The commission agrees that it is best that the 
deadline is calculated from the last publication date, because a person reading 
a newspaper notice will then have all the information he or she needs to file a 
timely a hearing request--the date of the publication, and the number of days 
specified in the notice for filing a hearing request. The commission believes 
that this gives fair notice of the deadline to the public, while at the same 
time avoiding the administrative difficulties of specifying in the notice a 
deadline that is a date certain (see the December 27, 1996, issue of the Texas 
Register (21 TexReg 12553)). The commission acknowledges that the "last" 
publication will for many applications be the one required newspaper 
publication. The notice requirements vary for the different types of 
applications, and the required notice for some types of applications is 
satisfied with one newspaper publication. The commission intends that the chief 
clerk will calculate the deadline for hearing requests using sec.55.21(d). The 
commission's rules on public notice in 30 TAC Chapter 39 identify the deadline 
for hearing requests and public comment, but only in more general terms. 
The commission amended sec.55.21(d), concerning the deadline for hearing 
requests, to clarify that this deadline applies to public comment too. The 
deadline for public comment signifies the end of the "public comment period." 
The commission added sec.55.21(e), concerning the definition of public comment. 
Any document that contains comments on an application that is not a hearing 
request will be processed as public comment. 
The League of Women Voters commented on the deadlines for hearing requests 
specified in sec.55.21(d) in connection with the proposed sec.55.26(a) that 
specified that late hearing requests shall be processed as public comment. The 
commenter also asked how to reconcile the processing of timely hearing requests 
separately from late hearing requests when the commission may extend the 
deadline for filing a hearing request (see sec.55.21(f)(3)). 
The commission has made several changes in response to this comment to clarify 
the rules. The commission does not adopt the proposed sec.55.26(a) in its 
entirety. The adopted sec.55.21(f) is intended to give the chief clerk clear 
direction on how to process documents that are filed in response to public 
notice of an application. The timely hearing requests and public comment are 
processed under sec.55.26 (concerning hearing request processing) or under 
sec.55.25 (concerning public comment processing), respectively. The rule 
requires the chief clerk to accept for filing late hearing requests and public 
comment, but the chief clerk shall not process them. The late hearing requests 
and public comment will be available for staff and public review. This allows 
for the orderly processing of applications and avoids the chief clerk having to 
make daily judgment calls on what to do with hearing requests and public 
comment. The commission may issue instructions to the agency on how to deal with 
late hearing requests and public comment so as to provide information to the 
public. The commission concludes that such instructions should not be part of 
the rules, because the rules are intended to specify procedural rights. 
Concerning the commenter's second question, the commission responds that there 
is no conflict in these provisions. The rules the commenter first points out are 
for the chief clerk's orderly processing of applications. Only the commission 
may make an exception to these rules and extend the deadline for hearing 
requests when the commission deems it appropriate. There are several appropriate 
ways for the executive director, the public interest counsel, or the Office of 
Public Assistance to bring to the commission's attention a late-filed hearing 
request. When this happens, the commission may agree that the deadline should be 
extended and grant the request. 
Henry, Lowerre objected to the rules, arguing that they do not allow for 
extensions of the deadlines to file hearing requests or to file public comment. 
The commenter raised the issue a second time of extending the deadline for 
hearing requests, and suggested that this be added to sec.55.26. 
The commission makes no changes in response to this comment. Section 55.21(e) 
(now sec.55.21(f)(2)) allows the commission to extend the deadline for hearing 
requests. 
The commission added sec.55.21(g), providing that there is no right to a hearing 
concerning a minor amendment or a Class 1 or Class 2 modification. The 
commission recently recodified Chapter 305, Subchapter E, into Chapter 39, and 
the provisions in the repealed sec.305.92 and sec.305.96 were mistakenly not 
readopted at that time (see the December 27, 1996, issue of the Texas Register 
(21 TexReg 12550)). 
The League of Women Voters questioned why the publication of the proposed rules 
did not contain sec.55.23, concerning hearing requests by a group or 
association. 
The section was not published because the commission did not propose changes to 
it. 
The League of Women Voters suggested that the title of sec.55.25 should be 
clarified. 
The commission has made no changes in response to this comment because the 
content of the adopted rule has been revised (as explained in the following 
paragraph) so that the title of the section and its contents correspond. The 
commission moved the requirements of sec.55.25(b) to sec.55.26(d), concerning 
the chief clerk's mailed notice to hearing requesters because the requirements 
concern hearing request processing, the subject of sec.55.26. The League of 
Women Voters made several comments about the commission's rules on public 
participation and the Office of Public Assistance (OPA). The commenter urged the 
commission to use OPA to encourage public participation and to make public 
participation an integral part of the permitting process. The commenter urged 
the commission at the same time to make the contested case hearing process more 
accessible to the public. Henry, Lowerre argued that the rules should be revised 
to make them more user friendly, and to clearly provide for public comment. 
The commission responds that one of the intended results of this rulemaking 
project is to clarify how the agency processes public comment. The proposed 
changes published in the Texas Register revised sec.50.33 and sec.55.25 to 
identify the role of OPA to respond to public comment. (The rules speak of an 
"agency office" designated by the commission. By resolution, the commission has 
already designated OPA.) The changes specify the processing of public comment as 
an integral part of permit processing. In response to the commenters, the 
commission has amended sec.55.25 to clarify the requirements for the holding of 
a public meeting. The new requirements codify the requirements for holding a 
public meeting that are in the commission's resolution concerning OPA. The 
codification of the resolution should more thoroughly establish its requirements 
with agency staff and the public. The commission also added a requirement that 
the applicant shall attend any public meeting held by the designated office. The 
processing of public comment under the new rule should ensure that the 
evaluation of public comment is a meaningful part of the agency's review of an 
application. Concerning the League of Women Voters' comment on the contested 
case hearing process, the commission has not made any changes. The commission's 
rules on the evaluation and granting of requests for contested case hearings 
follow the statutory requirements and so there do not seem to be any changes 
that may address the commenter's concerns. The commenter did not propose any 
specific changes to the rules. Henry, Lowerre and Browning-Ferris Industries 
(BFI) filed comments in the recent rulemaking project on public notice of 
applications. The comments related to the proposed recodification of 30 TAC 
sec.305.106, concerning the agency responding to public comment on an 
application. The commission determined not to recodify this provision in Chapter 
39 on public notice. The commission did, however, state that it would respond to 
the commenters later because the provision would best be recodified in Chapter 
55 (see the December 27, 1996, issue of the Texas Register (21 TexReg 12554)). 
The commission responds that sec.305.106 cannot be recodified into Chapter 55 at 
this time because this rule was not proposed for repeal. As explained 
previously, the commission has determined to further codify its resolution on 
public participation. 
The League of Women Voters commented that sec.55.26(b), concerning the 
processing of hearing requests will begin only after the executive director 
files notice that the technical review of the application is complete. The 
comment concerned the timing of public notice of the application. 
The commission has not made changes in response to the comment because the 
timing of public notice of the application is not controlled by this rule. 
The commission added a new sec.55.26(d) (and relettered subsequent paragraphs) 
to restate the requirement that the chief clerk must mail notice of the 
commission meeting to evaluate hearing requests. This requirement is already in 
Chapter 39, sec.39.21, but the commission restated the notice requirement here 
because it is part of the processing required under sec.55.26. 
The commission corrected a cross-reference in sec.55.26(e). 
The League of Women Voters commented on sec.55.26(g) and suggested that when the 
executive director or the applicant refers an application directly to SOAH for 
hearing, then such referrals should be made part of the public record. 
The commission has made no changes in response to this comment. The rule already 
requires the executive director or the applicant to file the direct referral 
with the chief clerk, so this action is already documented in the public record. 
Also, commission rules already require public notice of the hearing. 
The commission revised sec.55.26(g) to clarify that the executive director or 
applicant may directly refer an application to SOAH for hearing. When either 
takes this action, the case is referred for a hearing on the merits of the 
application. 
Henry, Lowerre criticized the proposed revision to sec.55.27(a), which states 
that the determination of the validity of hearing request is not, in itself, a 
contested case subject to the APA (Texas Government Code, Chapter 2001). The 
commenter suggested the that commission seek an attorney general's opinion on 
the subject. 
The commission makes no changes in response to this comment because the adopted 
rule reflects current law. Moreover, the law is sufficiently clear so that an 
attorney general's opinion is not needed. The APA sets certain procedural 
requirements for processing "contested cases," which is a term defined in the 
APA. A contested case means a proceeding in which the legal rights, duties, or 
privileges of a party are to be determined by a state agency after an 
opportunity for adjudicative hearing (see the APA, sec.2001.003(1)). Here, the 
commission's rules concern the evaluation of hearing requests under which there 
is no opportunity for adjudicative hearing by statute or rule. Thus, when the 
commission evaluates hearing requests during a public meeting, the evaluation is 
not under the APA (see Best & Company v. Texas State Board of Plumbing 
Examiners, 927 S.W.2d 306 (Tex. App.--Austin 1996, writ denied)). 
The commission has added sec.55.27(a)(2) (and renumbered subsequent paragraphs), 
which states that the commission may deny hearing requests and refer an 
application for a public meeting to develop public comment. The section is 
intended to allow the commission an additional option for public participation 
when appropriate. Hutcheson & Grundy proposed revisions to sec.55.27(a) and (c), 
concerning whether the commission's evaluation of hearing requests is a 
"contested case" under the APA when the request is referred to SOAH. Henry, 
Lowerre argued that the proposed language in sec.55.27(c), concerning the 
commission's directions to SOAH on procedures to evaluate hearing requests, 
violates SOAH's authority to manage cases. 
The commission agrees that the issue raised by Hutchison & Grundy should be 
clarified and has revised the rule. The revision clarifies that when the 
commission refers the evaluation of a hearing request to SOAH, it shall be 
processed as a contested case under the APA. As opposed to the discussion in 
this preamble concerning the commission itself evaluating hearing requests 
during a public meeting, the commission here by rule grants hearing requesters 
an opportunity for adjudicative hearing when the requests are referred to SOAH. 
As pointed out by Hutcheson & Grundy, this clarifies the standard of review in 
court if a person ultimately appeals the commission's decision on the hearing 
request. Commission decisions on cases that are processed under the APA are 
reviewed by a court under the substantial evidence rule (Texas Government Code, 
sec.2001.174). The commission believes that this revision should satisfy the 
concerns raised by Henry, Lowerre too. The commission notes, however, that the 
commission has the authority to set the scope of a hearing it refers to SOAH. 
The League of Women Voters commented on the definition of "affected person" in 
the rules. While the commenter mentioned sec.55.21, the definition is in 
sec.55.29. 
The commission has not proposed changes to sec.55.29, and so this section is 
outside the scope of this project. 
Henry, Lowerre made extensive comments on sec.55.31, concerning the factors used 
to determine the reasonableness of a hearing request. The commenter correctly 
pointed out that the proposed rules would expand the application of these 
factors. Factors (3) through (9) applied only to air quality applications, but 
with the adopted changes the factors apply to all applications. The commenter 
made the following points: the commenter objected to the application of these 
factors to the federally delegated programs, arguing that the factors violate 
United States Environmental Protection Agency requirements; the commenter argued 
that the rule does not contain guidance on how to balance the factors or resolve 
differences between them; the commenter called the factors an "excuse to deny 
requests"; and the commenter argued that a SOAH judge using the rule would have 
little guidance and so would feel compelled to use extensive hearing resources 
to investigate its meaning and application. 
The commission makes no revisions in response to this comment. The commission 
makes the following comments: the commission disagrees with the commenter on 
this issue. As discussed previously, sec.55.25 specifies the requirements for 
responding to public comment, including the holding of public meetings. In 
contrast, sec.55.31 concerns the evaluation of requests for a contested case 
hearing. Such hearings are in addition to the public meetings the commission may 
hold; the commission acknowledges that the rule does not contain guidance on how 
to balance the factors or resolve differences between them. But the commission 
believes the rule is sufficient for the purpose it serves, to give notice of the 
factors the commission may consider when it evaluates the reasonableness of a 
hearing request. The types of applications and the hearing requests the 
commission considers are so varied it would take pages of rules to accomplish 
what the commenter proposes, if it could ever be accomplished; the commission 
also believes that the rule is not used simply as a reason to deny hearing 
requests. The commission adopted the rule because Texas statutes call for the 
commission to determine the reasonableness of hearing requests. In the past, the 
application of the rule has come into play, especially when the applicant seeks 
approval of changes to a facility that is already in operation. When this is the 
case, there will be many considerations that affect whether a hearing would be 
helpful or not, and the commission should have the latitude to use its judgment 
on evaluating the hearing requests; the commission agrees that the rule's very 
general language could give a SOAH judge some pause, and require all of his or 
her expertise. In any case, in the future it is more likely that the commission 
will rely on its own expertise and judgment and not refer these questions to 
SOAH. 
The League of Women Voters commented on sec.55.31(a)(2), concerning one of the 
factors for determining the reasonableness of a hearing request. The commission 
may consider whether the hearing requester's concerns are related to other media 
that cannot be addressed by the pending application. The commenter called this 
provision unrealistic and unreasonable because many times a permitted activity 
will affect more than one media. 
The provision the commenter speaks of is in the current rules. The commission 
acknowledges that a permitted activity can affect media other than the media 
that is the focus of the permit, and the commission by this rule does not intend 
to ignore this. On the other hand, there are times when a permitted activity 
will have no effect on the issues raised by a hearing requester concerning other 
media. This rule identifies the "other media" issue as an issue that will affect 
the reasonableness of a hearing request, and that the commission will consider 
it. When the commission evaluates a hearing request it will consider this factor 
(along with many others), but this does not mean the rule compels the commission 
to rule in favor or against a particular request. 
The commission made revisions to sec.55.31(a)(3) to clarify the concept of a 
reduction project, as applied to the various types of applications considered by 
the commission. 
The League of Women Voters commented on sec.55.31(b), concerning additional 
factors for determining the reasonableness of a hearing request on an 
application for an air quality permit. The commenter wrote in favor of one 
provision and against another. 
The commission responds that the provisions in sec.55.31(b) reflect statutory 
requirements in Health and Safety Code, sec.382.056(d) and (e), so the rule 
cannot be changed. 
STATUTORY AUTHORITY. The amendments and new section are adopted under Texas 
Water Code, sec.sec.5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 
34.006 and Texas Health and Safety Code, sec.sec.341.002, 341.031, 361.011, 
361.017, 361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which 
authorize the commission to adopt any rules necessary to carry out its powers 
and duties under the Water Code and other laws of Texas and to establish and 
approve all general policy of the commission. 

sec.55.21.Requests for Contested Case Hearings,  Public Comment.
(a) The following may request a contested case hearing under this chapter: 
(1) the commission; 
(2) the executive director; 
(3) the applicant; 
(4) affected persons, when authorized by law; and 
(5) for applications for air quality permits, or standard exemptions required to 
provide public notice, a legislator from the general area of the proposed 
facility. 
(b) A request for a contested case hearing by an affected person must be in 
writing and be filed by United States mail, facsimile, or hand delivery with the 
chief clerk within the time provided by subsection (d) of this section. 
(c) A hearing request must substantially comply with the following:
(1) (No change.) 
(2) identify the person's personal justiciable interest affected by the 
application, including a brief, but specific, written statement explaining in 
plain language the requestor's location and distance relative to the activity 
that is the subject of the application and how and why the requestor believes he 
or she will be affected by the activity in a manner not common to members of the 
general public; 
(3)-(4) (No change.) 
(d) Deadline for hearing requests; public comment period. A hearing request must 
be filed with the chief clerk within the time period specified in the notice. 
The public comment period shall also end at the end of this time period. The 
time period shall end 30 days after the last publication of the notice of 
application, except that the time period shall end: 
(1) 60 days after the last publication of the notice of a Class 3 modification 
of a solid waste permit under the TSWDA; 
(2) 30 days after last publication for a new permit or permit amendment under 
Chapter 116 of this title (relating to Control of Air Pollution by Permits for 
New Construction or Modification); 
(3) 15 days after the last publication for a permit renewal or standard 
exemption for a concrete plant under Chapter 116 of this title;
(4) ten days after the mailing of notice of the application for the transfer of 
a permit; 
(5) no less than 30 days after the last publication of the notice of draft 
permit for an application for a municipal solid waste permit or to amend, 
extend, or renew such a permit; 
(6) no less than 30 days after the last publication of the notice of draft 
permit for an application for an industrial waste facility permit or to amend, 
extend, or renew such a permit; 
(7) no less than 45 days after the last publication of the notice of draft 
permit for an application for a hazardous waste facility permit or to amend, 
extend, or renew such a permit; 
(8) no less than 30 days after the last publication of the notice of draft 
permit for an application for a wastewater discharge permit except as provided 
in paragraph (9) of this subsection; 
(9) no less than ten days after the mailing of the notice of draft permit for an 
application to amend a wastewater discharge permit where the application is to 
improve the quality of waste authorized to be discharged and does not seek to 
increase significantly the quantity of waste authorized to be discharged or 
change materially the pattern or place of discharge; 
(10) no less than 30 days after the last publication of the notice of draft 
permit for an application for an injection well permit or to amend, extend, or 
renew such a permit; 
(11) no less than 30 days after the mailing of the notice of draft production 
area authorization under Chapter 331 of this title (relating to Underground 
Injection Control); or 
(12) the time specified in commission rules for other specific types of 
application. 
(e) Documents that are filed with the chief clerk that comment on an application 
but that do not request a hearing will be treated as public comment. 
(f) Late filed hearing requests and public comment, extensions.
(1) A hearing request or public comment shall be processed under sec.55.26 of 
this title (relating to Hearing Request Processing) or under sec.55.25 of this 
title (relating to Public Comment Processing), respectively, if it is filed by 
the deadline for hearing requests and public comment. The chief clerk shall 
accept a hearing request or public comment that is filed after the deadline but 
the chief clerk shall not process it. The chief clerk shall place the late 
documents in the file for the application. 
(2) The commission may extend the time allowed for filing a hearing request. 
(g) There is no right to a hearing on an application for a minor amendment of a 
permit or a Class 1 or Class 2 modification of a permit under Chapter 305, 
Subchapter D of this title (relating to Amendments, Modifications, Renewals, 
Transfers, Corrections, Revocation, and Suspension of Permits).

sec.55.25.Public Comment Processing.
(a) The chief clerk shall deliver or mail to the executive director, the public 
interest counsel, the director of the Office of Public Assistance, the director 
of the Alternative Dispute Resolution Office, and the applicant copies of all 
documents timely filed with the chief clerk in response to public notice of an 
application. 
(b) The commission may designate an agency office to process public comment 
under this subsection. 
(1) The designated office may evaluate and respond to public comment, other than 
timely hearing requests, when appropriate. 
(A) If the application and timely hearing requests are considered by the 
commission the designated office should prepare any response to public comment 
no later than ten days before the commission meeting at which the commission 
will evaluate the hearing requests. The response shall be made available to the 
public and filed with the chief clerk 
(B) If the application is approved by the executive director under Chapter 50, 
Subchapter C of this title (relating to Action by the Executive Director) any 
response to public comment should be made no later than the time of the 
executive director's action on the application. 
(2) The designated office shall hold a public meeting when there is a 
significant degree of public interest or when otherwise appropriate to assure 
adequate public participation. A public meeting is intended for the taking of 
public comment, and is not a contested case proceeding under the APA. The 
applicant shall attend any public meeting held by the designated office. When 
the designated office holds a public meeting it shall respond to public comment 
either by giving an immediate oral response or by preparing a written response. 
The response shall be made available to the public. 

sec.55.26.Hearing Request Processing.
(a) The requirements in this section and sec.55.27 of this title (relating to 
Commission Action on Hearing Request) apply only to hearing requests that are 
filed within the time period specified in sec.55.21(d) of this title (relating 
to Requests for Contested Case Hearings, Public Comment).
(b) The executive director shall file a statement with the chief clerk 
indicating that technical review of the application is complete. The executive 
director may file the statement with the chief clerk either before or after 
public notice of the application is issued. 
(c) After a hearing request is filed and the executive director has filed a 
statement that technical review of the application is complete, the chief clerk 
shall process the hearing request by both: 
(1) referring the application and hearing request to the alternative dispute 
resolution director. The alternative dispute resolution director shall try to 
resolve any dispute between the applicant and the person making the request for 
hearing; and 
(2) scheduling the hearing request for a commission meeting. The chief clerk 
should try to schedule the request for a commission meeting that will be held 
approximately 40 days after the later of the following:
(A) the deadline to request a hearing specified in the public notice of the 
application; or 
(B) the date the executive director filed the statement that technical review is 
complete. 
(d) The chief clerk shall mail notice to the applicant, executive director, 
public interest counsel, and the persons making a timely hearing request at 
least 30 days before the first meeting at which the commission considers the 
request. The chief clerk shall explain how the person may submit public comment 
to the executive director, describe alternative dispute resolution under 
commission rules, explain that the agency may hold a public meeting, and explain 
the requirements of this chapter. 
(e) The executive director, the public interest counsel, and the applicant may 
submit written responses to the hearing request no later than 20 days before the 
commission meeting at which the commission will evaluate the hearing request. 
Responses shall be filed with the chief clerk, and served on the same day to the 
executive director, the public interest counsel, the director of the Office of 
Public Assistance, the applicant, and any persons filing hearing requests. 
(f) The person who filed the hearing request may submit a written reply to a 
response no later than six days before the scheduled commission meeting at which 
the commission will evaluate the hearing request. A reply may also contain 
additional information responding to the letter by the chief clerk required by 
subsection (d) of this section. A reply shall be filed with the chief clerk, and 
served on the same day to the executive director, the public interest counsel, 
and the applicant. 
(g) The executive director or the applicant may file a request with the chief 
clerk that the application be sent directly to SOAH for a hearing on the 
application. If a request is filed under this subsection, the commission's 
scheduled consideration of the hearing request will be canceled. 

sec.55.27.Commission Action on Hearing Request.
(a) The determination of the validity of a hearing request is not, in itself, a 
contested case subject to the APA. The commission will evaluate the hearing 
request at the scheduled commission meeting, and may:
(1) determine that a hearing request does not meet the requirements of this 
subchapter, and act on the application; 
(2) determine that a hearing request does not meet the requirements of this 
subchapter, and refer the application to a public meeting to develop public 
comment before acting on the application; 
(3) determine that a hearing request meets the requirements of this subchapter, 
and direct the chief clerk to refer the application to SOAH for a hearing; or 
(4) direct the chief clerk to refer the hearing request to SOAH. The referral 
may specify that SOAH should prepare a recommendation on the sole question of 
whether the request meets the requirements of this subchapter. The referral may 
also direct SOAH to proceed with a hearing on the application if the judge finds 
that a hearing request meets the requirements of this chapter. If the commission 
refers the hearing request to SOAH it shall be processed as a contested case 
under the APA. 
(b) A request for a contested case hearing shall be granted if the request is: 
(1) made by the applicant or the executive director; 
(2) made by an affected person if the request: 
(A) is reasonable; 
(B) is supported by competent evidence; 
(C) complies with the requirements of sec.55.21 of this title (relating to 
Requests for Contested Case Hearings); 
(D) is timely filed with the chief clerk; and 
(E) is pursuant to a right to hearing authorized by law; 
(3) for an air quality permit, made by a legislator in the general area of the 
facility if the request: 
(A) is reasonable; 
(B) complies with the requirements of sec.55.21 of this title, except for 
subsection (c)(2)-(4); 
(C) is timely filed with the chief clerk; and 
(D) is pursuant to a right to hearing authorized by law. 
(c)-(f) (No change.) 
(g) If a hearing request is denied, the procedures contained in sec.80.271 of 
this title (relating to Motion for Rehearing) apply. A motion for rehearing in 
such a case must be filed no earlier than, and no more than 20 days after, the 
date the person or his attorney of record is notified of the commission's final 
decision or order on the application. If the motion is denied under sec.80.271 
and sec.80.273 of this title (relating to Motion for Rehearing and Decision 
Final and Appealable), the commission's decision is final and appealable under 
Texas Water Code, sec.5.351 or Texas Health and Safety Code, sec.sec.361.321, 
382.032, or 401.341.
sec.55.31.Determination of Reasonableness of Hearing Request.
(a) The reasonableness of a hearing request shall be based on all relevant 
factors including the following: 
(1) whether the request is based solely on concerns outside of the jurisdiction 
of the commission; and 
(2) whether the request is based on concerns related to other media that cannot 
be addressed by the pending application, even though within the jurisdiction of 
the commission; 
(3) whether the project is an emissions, pollutant, or source reduction project 
or a project to improve the quality of waste to be discharged, including: 
(A) whether there are no increases in emissions of any contaminants or no 
increases in discharges of any pollutants; 
(B) the project is not driven by a noncompliance situation; and 
(C) whether the project will have both emission, source, or pollutant discharge 
reductions and incidental increases, where the net effect is an emission, 
source, or pollutant discharge reduction; 
(4) whether the project is mandated by commission rule; 
(5) the location of the proposed project; 
(6) whether the applicant requests authority to substitute an equivalent or more 
efficient control device; 
(7) whether the hearing request is based solely on something other than concerns 
about pollution; 
(8) the extent to which the person requesting a hearing is likely to be impacted 
by the emissions, discharge, or waste; and 
(9) the applicant's compliance history. 
(b) The commission shall consider the following additional factors for hearing 
requests on air quality applications. 
(1) A request concerning an amendment, modification, or renewal that would not 
result in an increase in allowable emissions and would not result in the 
emission of an air contaminant not previously emitted is unreasonable.
(2) Notwithstanding paragraph (1) of this subsection, a request may be 
determined reasonable if the application involves a facility for which the 
applicant's compliance history contains violations that are unresolved and that 
constitute a recurring pattern of egregious conduct that demonstrates a 
consistent disregard for the regulatory process, including the failure to make a 
timely and substantial attempt to correct the violations.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on April 16, 1997.
TRD-9705479
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: May 15, 1997
Proposal publication date: October 25, 1996
For further information, please call: (512) 239-1966

CHAPTER 80.Contested Case Hearings
SUBCHAPTER A.General Rules
30 TAC sec.80.25
The commission adopts amendments to sec.sec.80.25, 80.101, 80.131, and 80.271, 
concerning procedural rules, withdrawing applications, and remands to the 
executive director. The amendments are adopted without changes to the proposed 
text as published in the October 25, 1996, issue of the Texas Register (21 
TexReg 10505). The purpose of this action is to continue to consolidate and make 
clarifications to procedural rules and provide for the consistent processing of 
hearing requests. Other changes to agency procedural rules in Chapters 1, 50, 
55, 116, 312, 321, 330, 332, and 337 are adopted concurrently. 
EXPLANATION OF ADOPTED RULES. The amendment to sec.80.25, concerning Withdrawing 
the Application, provides that applications may be withdrawn before parties are 
named, and that they may be withdrawn without prejudice with the consent of the 
executive director and public interest counsel if no parties have been named. 
The amendment to sec.80.101, concerning Remand to Executive Director, clarifies 
that a case referred to the State Office of Administrative Hearings may be 
settled and remanded to the executive director before parties are named. 
The amendment to sec.80.131, concerning Interlocutory Appeals and Certified 
Questions, amends subsection (c) to clarify that a motion to certify a question 
is directed to the administrative law judge, and that the judge will file a 
request to answer a certified question with the commission if the motion is 
granted. 
The amendment to sec.80.271, concerning Motion for Rehearing, amends subsection 
(d) to provide that extensions of time will be by written order.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact 
Assessment for these rules under Texas Government Code, sec.2007.043. The 
following is a summary of that assessment. The specific purpose of these rules 
is to make clarifications to procedural rules, recognize the creation of the 
commission's Office of Public Assistance and its role in facilitating public 
participation, and provide for the processing of hearing requests. The rules 
will substantially advance these specific purposes by providing specific 
provisions on these matters. Promulgation and enforcement of these rules will 
not burden private real property which is the subject of the rules because they 
concern commission procedural rules. The following exceptions to the application 
of Texas Government Code, Chapter 2007, apply to these rules: the action 
significantly advances the health and safety purpose and imposes no greater 
burden than is necessary to achieve the health and safety purpose. 
HEARING AND COMMENTERS. A public hearing was held to receive oral and written 
comment on the proposed rules at commission offices in Austin on November 25, 
1996. The public comment period closed November 25, 1996. 
Written comment was received from Henry, Lowerre, Johnson, Hess, & Frederick and 
Public Citizen (Henry, Lowerre) on the proposal. 
Henry, Lowerre commented on sec.80.25, concerning the withdrawal of an 
application after it has been referred to SOAH. The commenter listed this 
section in connection with comments on 30 TAC Chapter 50, sec.50.43, concerning 
the withdrawal of an application before it is referred to SOAH. (The commission 
adopts new sec.50.43 in this edition of the Texas Register.) Although the 
commenter listed sec.80.25, the comments concerned sec.50.43. 
The commission has made no changes to sec.80.25 in response to this comment.
STATUTORY AUTHORITY. The amendment is adopted under Texas Water Code, 
sec.sec.5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006 and 
Texas Health and Safety Code, sec.sec.341.002, 341.031, 361.011, 361.017, 
361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the 
commission to adopt any rules necessary to carry out its powers and duties under 
the Water Code and other laws of Texas and to establish and approve all general 
policy of the commission. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 16, 1997.
TRD-9705478
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: May 15, 1997
Proposal publication date: October 25, 1996
For further information, please call: (512) 239-1966

SUBCHAPTER C.Hearing Procedures
30 TAC sec.80.101, sec.80.131
The amendments are adopted under Texas Water Code, sec.sec.5.103, 5.105, 13.041, 
26.011, 27.019, 32.009, 33.007, and 34.006 and Texas Health and Safety Code, 
sec.sec.341.002, 341.031, 361.011, 361.017, 361.024, 366.012, 382.017, 401.011, 
401.051, and 401.412, which authorize the commission to adopt any rules 
necessary to carry out its powers and duties under the Water Code and other laws 
of Texas and to establish and approve all general policy of the commission. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 16, 1997.
TRD-9705477
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: May 15, 1997
Proposal publication date: October 25, 1996
For further information, please call: (512) 239-1966

SUBCHAPTER F.Post Hearing Procedures
30 TAC sec.80.271 
The amendment is adopted under Texas Water Code, sec.sec.5.103, 5.105, 13.041, 
26.011, 27.019, 32.009, 33.007, and 34.006 and Texas Health and Safety Code, 
sec.sec.341.002, 341.031, 361.011, 361.017, 361.024, 366.012, 382.017, 401.011, 
401.051, and 401.412, which authorize the commission to adopt any rules 
necessary to carry out its powers and duties under the Water Code and other laws 
of Texas and to establish and approve all general policy of the commission.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 16, 1997.
TRD-9705476
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: May 15, 1997
Proposal publication date: October 25, 1996
For further information, please call: (512) 239-1966

CHAPTER 116.Control of Air Pollution by Permits for New Construction or 
Modification
SUBCHAPTER B. New Source Review Permits 
Public Notification and Comment Procedures
30 TAC sec.116.136
The commission adopts an amendment to sec.116.136, concerning public comment 
procedures on applications for air quality permits. The amendment is adopted 
with changes to the proposed text as published in the October 25, 1996, issue of 
the Texas Register (21 TexReg 10507). The purpose of this proposed action is to 
continue to consolidate and make clarifications to procedural rules and provide 
for the consistent processing of hearing requests. Other changes to agency 
procedural rules in Chapters 1, 50, 55, 80, 312, 321, 330, 332, and 337 are 
adopted concurrently.
EXPLANATION OF THE ADOPTED RULE. The amendment to sec.116.136, concerning Public 
Comment Procedures, removes provisions in subchapter (a) relating to the content 
and handling of hearing requests. These provisions are redundant and duplicative 
of provisions contained in the commission's procedural rules.
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact  
Assessment for this rule under Texas Government Code, sec.2007.043. The 
following is a summary of that assessment. The specific purpose of this rule is 
to make clarifications to procedural rules, recognize the creation of the 
commission's Office of Public Assistance and its role in facilitating public 
participation, and provide for the processing of hearing requests. The rule will 
substantially advance these specific purposes by providing specific provisions 
on these matters. Promulgation and enforcement of this rule will not burden 
private real property which is the subject of the rule because it concerns 
commission procedural rules. The following exceptions to the application of 
Texas Government Code, Chapter 2007, apply to this rule: the action 
significantly advances the health and safety purpose and imposes no greater 
burden than is necessary to achieve the health and safety purpose. 
HEARING AND COMMENTERS. A public hearing was held to receive oral and written 
comment on the proposed rule at commission offices in Austin on November 25, 
1996. The public comment period closed November 25, 1996. 
The commission made one change in subsection (a) to the reference to Chapter 55, 
Subchapter B, since the title was modified in the adopted version. The 
commission made one change to subsection (b) to delete a reference to the Texas 
Air Control Board. 
Henry, Lowerre, Johnson, Hess, and Frederick (Henry, Lowerre) and Public Citizen 
submitted joint comments on the proposal. Henry, Lowerre objected to the portion 
of sec.116.136(b) that calls on the agency to consider all written comments when 
determining to issue or not issue a permit. The commenter argued that the agency 
should analyze the comments to determine also whether permit conditions should 
be changed. 
The commission makes no changes in response to this comment. The commission 
published proposed changes to sec.116.136(a), concerning responding to hearing 
requests. The commission had not proposed changes to subsection (b) on 
responding to public comment, and concludes that this subsection is sufficient, 
as it already required an agency analysis of public comment. 
STATUTORY AUTHORITY. The amendment is adopted under Texas Water Code, 
sec.sec.5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006 and 
Texas Health and Safety Code, sec.sec.341.002, 341.031, 361.011, 361.017, 
361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the 
commission to adopt any rules necessary to carry out its powers and duties under 
the Water Code and other laws of Texas and to establish and approve all general 
policy of the commission. 

sec.116.136.Public Comment Procedures.
(a) Comment period. Interested persons may submit written comments, including 
requests for public hearings pursuant to Texas Clean Air Act, sec.382.056, on 
the permit application and on the executive director's preliminary decision to 
issue or not to issue the permit. The public comment and timely hearing requests 
shall be processed under Chapter 55, Subchapter B of this title (relating to 
Hearing Requests, Public Comment). 
(b) Consideration of comments. All written comments received by the executive 
director during the period specified in subsection (a) of this section shall be 
considered in determining whether to issue or not to issue the permit. The 
executive director shall make record of all comments received together with the 
agency analysis of such comments available for public inspection during normal 
business hours at the Austin office of the commission and appropriate regional 
office. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 16, 1997.
TRD-9705475
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: May 15, 1997
Proposal publication date: October 25, 1996
For further information, please call: (512) 239-1966

CHAPTER 312.Sludge Use, Disposal, and Transportation 
SUBCHAPTER A.General Provisions 
30 TAC sec.312.13
The commission adopts an amendment to sec.312.13, concerning motions for 
reconsideration on certain sludge applications. The amendment is adopted without 
changes to the proposed text as published in the October 25, 1996, issue of the 
Texas Register (21 TexReg 10508). The purpose of this action is to continue to 
consolidate and make clarifications to procedural rules. Other changes to agency 
procedural rules in Chapters 1, 50, 80, 116, 321, 330, 332, and 337 are adopted 
concurrently.
EXPLANATION OF ADOPTED RULE. The amendments to sec.312.13, concerning Actions on 
Notice, provide that sec.50.39(b)-(f) applies to motions for reconsideration of 
executive director actions, limit reconsideration to issues required to be 
considered by the executive director, and make conforming changes. 
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact 
Assessment for this rule under Texas Government Code, sec.2007.043. The 
following is a summary of that assessment. The specific purpose of this rule is 
to make clarifications to procedural rules, recognize the creation of the 
commission's Office of Public Assistance and its role in facilitating public 
participation, and provide for the processing of hearing requests. The rule will 
substantially advance these specific purposes by providing specific provisions 
on these matters. Promulgation and enforcement of this rule will not burden 
private real property which is the subject of the rule because it concerns 
commission procedural rules. The following exceptions to the application of 
Texas Government Code, Chapter 2007, apply to this rule: the action 
significantly advances the health and safety purpose and imposes no greater 
burden than is necessary to achieve the health and safety purpose. 
HEARING AND COMMENTERS. A public hearing was held to receive oral and written 
comment on the proposed rule at commission offices in Austin on November 25, 
1996. The public comment period closed November 25, 1996. No written or oral 
testimony was received on the proposed rule. 
STATUTORY AUTHORITY. The amendment is adopted under Texas Water Code, 
sec.sec.5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006 and 
Texas Health and Safety Code, sec.sec.341.002, 341.031, 361.011, 361.017, 
361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the 
commission to adopt any rules necessary to carry out its powers and duties under 
the Water Code and other laws of Texas and to establish and approve all general 
policy of the commission.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 16, 1997.
TRD-9705474
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: May 15, 1997
Proposal publication date: October 25, 1996
For further information, please call: (512) 239-1966

CHAPTER 321.Control of Certain Activities by Rule 
SUBCHAPTER F.Shrimp Industry
30 TAC sec.321.97 
The commission adopts an amendment to sec.321.97, concerning motions for 
reconsideration on applications by certain small and medium shrimp packers for 
certificates of registration. The amendment is adopted without changes to the 
proposed text as published in the October 25, 1996, issue of the Texas Register 
(21 TexReg 10509). The purpose of this action is to continue to consolidate and 
make clarifications to procedural rules. Other changes to agency procedural 
rules in Chapters 1, 50, 55, 80, 116, 312, 330, 332, and 337 are adopted 
concurrently. 
EXPLANATION OF ADOPTED RULE. The amendments to sec.321.97, concerning Appeal of 
Decisions by Executive Director, provide that sec.50.39(b)-(f) applies to 
motions for reconsideration of executive director actions, limit reconsideration 
to issues required to be considered by the executive director, and make 
conforming changes. 
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact 
Assessment for this rule under Texas Government Code, sec.2007.043. The 
following is a summary of that assessment. The specific purpose of this rule is 
to make clarifications to procedural rules, recognize the creation of the 
commission's Office of Public Assistance and its role in facilitating public 
participation, and provide for the processing of hearing requests. The rule will 
substantially advance these specific purposes by providing specific provisions 
on these matters. Promulgation and enforcement of this rule will not burden 
private real property which is the subject of the rule because it concerns 
commission procedural rules. The following exceptions to the application of 
Texas Government Code, Chapter 2007, apply to this rule: the action 
significantly advances the health and safety purpose and imposes no greater 
burden than is necessary to achieve the health and safety purpose. 
HEARING AND COMMENTERS. A public hearing was held to receive oral and written 
comment on the proposed rule at commission offices in Austin on November 25, 
1996. The public comment period closed November 25, 1996. No written or oral 
testimony was received on the proposed rule. 
STATUTORY AUTHORITY. The amendment is adopted under Texas Water Code, 
sec.sec.5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006 and 
Texas Health and Safety Code, sec.sec.341.002, 341.031, 361.011, 361.017, 
361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the 
commission to adopt any rules necessary to carry out its powers and duties under 
the Water Code and other laws of Texas and to establish and approve all general 
policy of the commission.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 16, 1997.
TRD-9705473
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: May 15, 1997
Proposal publication date: October 25, 1996
For further information, please call: (512) 239-1966

CHAPTER 330.Municipal Solid Waste 
SUBCHAPTER E.Permit Procedures
30 TAC sec.330.70 
The commission adopts amendments to sec.330.70, concerning motions for 
reconsideration on applications for certain municipal solid waste facilities and 
sec.330.802, concerning motions for reconsideration on applications for certain 
scrap tire facilities without changes to the proposed text as published in the 
October 25, 1996, issue of the Texas Register(21 TexReg 10510). The purpose of 
this action is to continue to consolidate and make clarifications to procedural 
rules and provide for the consistent internal processing of hearing requests. 
Other changes to agency procedural rules in Chapters 1, 50, 55, 80, 116, 312, 
321, 332, and 337 are adopted concurrently. 
EXPLANATION OF ADOPTED RULES. The amendments to sec.330.70, concerning 
Registration of Facilities that Recover Gas for Beneficial Use, and sec.330.802, 
concerning Applicability, provide that sec.50.39(b)-(f) applies to motions for 
reconsideration of executive director actions, limit reconsideration to issues 
required to be considered by the executive director, and make conforming 
changes. 
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact 
Assessment for these rules under Texas Government Code, sec.2007.043. The 
following is a summary of that assessment. The specific purpose of these rules 
is to make clarifications to procedural rules, recognize the creation of the 
commission's Office of Public Assistance and its role in facilitating public 
participation, and provide for the processing of hearing requests. The rules 
will substantially advance these specific purposes by providing specific 
provisions on these matters. Promulgation and enforcement of these rules will 
not burden private real property which is the subject of the rules because they 
concern commission procedural rules. The following exceptions to the application 
of Texas Government Code, Chapter 2007, apply to these rules: the action 
significantly advances the health and safety purpose and imposes no greater 
burden than is necessary to achieve the health and safety purpose. 
HEARING AND COMMENTERS. A public hearing was held to receive oral and written 
comment on the proposed rules at commission offices in Austin on November 25, 
1996. The public comment period closed November 25, 1996. No written or oral 
testimony was received on the proposed rules. 
STATUTORY AUTHORITY. The amendments are adopted under Texas Water Code, 
sec.sec.5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006 and 
Texas Health and Safety Code, sec.sec.341.002, 341.031, 361.011, 361.017, 
361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the 
commission to adopt any rules necessary to carry out its powers and duties under 
the Water Code and other laws of Texas and to establish and approve all general 
policy of the commission. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 16, 1997.
TRD-9705472
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: May 15, 1997
Proposal publication date: October 25, 1996
For further information, please call: (512) 239-1966

SUBCHAPTER R.Management of Whole Used or Scrap Tires 
30 TAC sec.330.802
STATUTORY AUTHORITY. The amendment is adopted under Texas Water Code, 
sec.sec.5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006 and 
Texas Health and Safety Code, sec.sec.341.002, 341.031, 361.011, 361.017, 
361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the 
commission to adopt any rules necessary to carry out its powers and duties under 
the Water Code and other laws of Texas and to establish and approve all general 
policy of the commission. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 16, 1997.
TRD-9705471
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: May 15, 1997
Proposal publication date: October 25, 1996
For further information, please call: (512) 239-1966

CHAPTER 332.Composting
SUBCHAPTER C.Operations Requiring a Registration
30 TAC sec.332.35
The commission adopts an amendment to sec.332.35, concerning motions for 
reconsideration on applications for registration of certain composting 
facilities. The amendment is adopted without changes to the proposed text as 
published in the October 25, 1996, issue of the Texas Register (21 TexReg 
10512). The purpose of this action is to continue to consolidate and make 
clarifications to procedural rules. Other changes to agency procedural rules in 
Chapters 1, 50, 55, 80, 116, 312, 321, 330, and 337 are adopted concurrently. 
EXPLANATION OF ADOPTED RULE. The amendments to sec.332.25, concerning Motion for 
Reconsideration, provide that sec.50.39(b)-(f) applies to motions for 
reconsideration of executive director actions, limit reconsideration to issues 
required to be considered by the executive director, and make conforming 
changes. 
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact 
Assessment for this rule under Texas Government Code, sec.2007.043. The 
following is a summary of that assessment. The specific purpose of this rule is 
to make clarifications to procedural rules, recognize the creation of the 
commission's Office of Public Assistance and its role in facilitating public 
participation, and provide for the processing of hearing requests. The rule will 
substantially advance these specific purposes by providing specific provisions 
on these matters. Promulgation and enforcement of this rule will not burden 
private real property which is the subject of the rule because it concerns 
commission procedural rules. The following exceptions to the application of 
Texas Government Code, Chapter 2007, apply to this rule: the action 
significantly advances the health and safety purpose and imposes no greater 
burden than is necessary to achieve the health and safety purpose. 
HEARING AND COMMENTERS. A public hearing was held to receive oral and written 
comment on the proposed rule at commission offices in Austin on November 25, 
1996. The public comment period closed November 25, 1996. No written or oral 
testimony was received on the proposed rule. 
STATUTORY AUTHORITY. The amendment is adopted under Texas Water Code, 
sec.sec.5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006 and 
Texas Health and Safety Code, sec.sec.341.002, 341.031, 361.011, 361.017, 
361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the 
commission to adopt any rules necessary to carry out its powers and duties under 
the Water Code and other laws of Texas and to establish and approve all general 
policy of the commission. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 16, 1997.
TRD-9705470
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: May 15, 1997
Proposal publication date: October 25, 1996
For further information, please call: (512) 239-1966

CHAPTER 337.Enforcement Rules
SUBCHAPTER A. Enforcement Generally
30 TAC sec.337.11
The commission adopts the repeal of sec.337.11, concerning Installment Payment 
of Administrative Penalty. The repeal is adopted without changes to the proposed 
text as published in the October 25, 1996, issue of the Texas Register (21 
TexReg 10513) and will not be republished. The purpose of this action is to 
continue to consolidate and make clarifications to procedural rules. Other 
changes to agency procedural rules in Chapters 1, 50, 55, 80, 116, 312, 321, and 
330 are adopted concurrently.
EXPLANATION OF ADOPTED RULE. The repeal eliminates sec.337.11, concerning 
Installment Payment of Administrative Penalties, the requirements of which are 
duplicated in 30 TAC sec.70.9. This will complete the repeal of 30 TAC Chapter 
337 initiated in Phase II of the Procedural Rule changes. 
TAKINGS IMPACT ASSESSMENT. The commission has prepared a Takings Impact 
Assessment for this rule under Texas Government Code, sec.2007.043. The 
following is a summary of that assessment. The specific purpose of this rule is 
to make clarifications to procedural rules, recognize the creation of the 
commission's Office of Public Assistance and its role in facilitating public 
participation, and provide for the processing of hearing requests. The rule will 
substantially advance these specific purposes by providing specific provisions 
on these matters. Promulgation and enforcement of this rule will not burden 
private real property which is the subject of the rule because it concerns 
commission procedural rules. The following exceptions to the application of 
Texas Government Code, Chapter 2007, apply to this rule: the action 
significantly advances the health and safety purpose and imposes no greater 
burden than is necessary to achieve the health and safety purpose. 
HEARING AND COMMENTERS. A public hearing was held to receive oral and written 
comment on the proposed rule at commission offices in Austin on November 25, 
1996. The public comment period closed November 25, 1996. No written or oral 
testimony was received on the proposed rule. 
STATUTORY AUTHORITY. The repeal is adopted under Texas Water Code, 
sec.sec.5.103, 5.105, 13.041, 26.011, 27.019, 32.009, 33.007, and 34.006 and 
Texas Health and Safety Code, sec.sec.341.002, 341.031, 361.011, 361.017, 
361.024, 366.012, 382.017, 401.011, 401.051, and 401.412, which authorize the 
commission to adopt any rules necessary to carry out its powers and duties under 
the Water Code and other laws of Texas and to establish and approve all general 
policy of the commission.
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 16, 1997.
TRD-9705469
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: May 15, 1997
Proposal publication date: October 25, 1996
For further information, please call: (512) 239-1966

TITLE 31. NATURAL RESOURCES AND CONSERVATION
PART I. General Land Office
CHAPTER 1.Executive Administration
31 TAC sec.1.4
The General Land Office (GLO) adopts new sec.1.4, regarding the Adopt-A-Beach 
Volunteer Program, without changes to the proposed text as published in the 
March 25, 1997, issue of the Texas Register (22 TexReg 3029). The text will not 
be republished. The new section is being adopted to provide guidelines and 
requirements for the volunteer program. 
The new section adds guidelines for the volunteer program including provisions 
for reimbursement to certain volunteers. The volunteer program assists the GLO 
in its efforts to remove litter and garbage from the state's beaches and coastal 
waters with the use of volunteers in addition to agency staff. 
No comments were received regarding adoption of the new section.
The new section is adopted under Texas Government Code Chapter 2109 which 
provides for volunteer programs for state agencies and Texas Natural Resource 
Code, sec.61.067(c) and (e) which authorize the GLO to promulgate rules 
necessary to perform its duties under Texas Natural Resource Code, Chapter 61, 
Subchapter C. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 24, 1997.
TRD-9705492
Garry Mauro
Commissioner, General Land Office
General Land Offices
Effective date: May 15, 1997
Proposal publication date: March 25, 1997
For further information, please call: (512) 305-9129

TITLE 40. SOCIAL SERVICES AND ASSISTANCE
PART IV. Texas Commission for the Blind
CHAPTER 174. Endowment Loan Fund
40 TAC sec.sec.174.1-174.12
The Texas Commission for the Blind adopts the repeal of sec.sec.174.1-174.12, 
concerning the Endowment Loan Fund, without changes to the proposed text as 
published in the October 29, 1996, issue of the Texas Register (21 TexReg 
10735). 
The repeal is adopted to allow for the adoption of new sections that make the 
loan fund available to a wider range of persons who are blind and which contain 
fewer restrictions. The new sections will serve as the agency's rules for 
applying for a loan from the agency's endowment loan fund. 
The commission received no comments regarding the proposed repeal. 
The repeal is adopted under the Human Resources Code, Title 5, Chapter 91, 
sec.91.0301, which authorizes the commission to establish a program to make 
loans to finance the purchase of technological aids for persons who are visually 
handicapped, and which authorizes the commission to promulgate rules to 
administer the program. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 24, 1997.
TRD-9705506
Pat D. Westbrook
Executive Director
Texas Commission for the Blind
Effective date: May 14, 1997
Proposal publication date: October 29, 1996
For further information, please call: (512) 459-2611

40 TAC sec.sec.174.1-174.12
The Texas Commission for the Blind adopts new sec.sec.174.1-174.12, concerning 
the Endowment Loan Fund, with changes to the proposed text as published in the 
October 29, 1996, issue of the Texas Register (21 TexReg 10736). Sections 174.1-
174.2, 174.4-174.5, 174.7-174.9, and 174.12 are adopted without changes and 
therefore will not be republished.  
The sections are adopted to make the loan fund available to a wider range of 
persons who are blind and to reduce some of the restrictions in previous rules. 
The new sections will serve as the agency's rules for applying for a loan from 
the agency's endowment loan fund and contain the provisions for repayment. 
The Commission received no comments regarding the proposed sections; however, 
several technical changes have been made by the agency to correct oversights in 
the proposed language. In sec.174.3 the word "apply" in implied subsection (a) 
has been changed to "qualify" because the word "apply" is not appropriate in 
relationship to paragraph (3) of the section. The words "or legally blind" in 
sec.174.3 have been removed from paragraph (2) as unneeded because the term 
"legally blind" has the same meaning in statute as the definition of "blind." 
The definition of blind has been included in the subparagraph for clarification. 
The title of the Deputy Director, Administration and Finance, has been corrected 
in sec.174.6(a), sec.174.10 (c), and sec.174.11(b) by removing the word "of." 
The new sections are adopted under the authority of Human Resources Code, Title 
5, Chapter 91, sec.91.0301, which authorizes the commission to establish a 
program to make loans to finance the purchase of technological aids for persons 
who are visually handicapped, and which authorizes the commission to promulgate 
rules to administer the program. 

sec.174.3. Eligibility. 
To qualify for a loan, an applicant must: 
(1) be a resident of Texas; 
(2) be blind (best corrected visual acuity of 20/200 or less in the better eye, 
or a visual loss that results in a limitation in the field of vision such that 
the widest diameter of the visual field subtends an angle no greater than 20 
degrees, which means a field of no greater than 20 degrees in the better eye); 
and 
(3) have satisfied the executive director of the Commission as to credit 
worthiness and need for the equipment for which the loan is requested.  

sec.174.6. Application. 
(a) Assistance in applying for a loan is available through the applicant's 
vocational rehabilitation counselor if the applicant is a consumer. "Consumer" 
is defined as a person receiving services from a Commission program. If the 
applicant is not an agency consumer, assistance is available through the office 
of the Commission's Deputy Director, Administration and Finance, 4800 North 
Lamar, Austin, Texas 78756. 
(b) Any material falsification on the application may result in 
disqualification. 
(c) An evaluation shall be made of an applicant's financial condition. The 
applicant's financial condition must be such as to allow him or her to make 
reasonable payments. The income and debts of the applicant's spouse may be 
considered in the evaluation. In such cases, the promissory note shall be 
executed jointly. 
(d) The Commission uses agency forms titled "Endowment Loan Fund Application," 
"Promissory Note," and "Security Agreement," as well as Standard Form UCC-1 
entitled "Financing Statement," approved by the Secretary of State of Texas to 
document all information required of an applicant in applying for and in 
securing a loan, and subsequent repayment. Copies of these forms are available 
for viewing at any district office of the Commission and the central office 
located at 4800 North Lamar in Austin. 
(e) Disapproval of loan requests shall be made in writing to the applicant and 
shall specify reasons for denial. 

sec.174.10. Insurance.
(a) The borrower shall secure insurance coverage against fire, casualty, and 
theft throughout the loan term in an amount equal to or greater than the 
outstanding principal balance of the loan. 
(b) The Commission's financial interest in the equipment (amount yet unpaid on 
note) shall be reflected in the policy's mortgage indemnity clause. 
(c) A borrower who is an agency consumer shall deliver the insurance policy to 
his or her vocational rehabilitation counselor; if the borrower is not an agency 
consumer, the insurance policy must be sent to the office of the Commission's 
Deputy Director, Administration and Finance, 4800 North Lamar, Austin, Texas 
78756, for safekeeping. 
(d) If the borrower has in effect a policy of casualty insurance covering other 
personal property located on the same premises at which the equipment purchased 
by the loan from the Commission's Endowment Fund is to be located, such policy 
shall be sufficient for purposes of this section if the policy is sufficient to 
cover the replacement cost of the equipment in which the Commission has a 
security interest and the mortgagee indemnity clause referred to in subsection 
(b) of this section is endorsed upon said policy. In such event, a certificate 
of insurance showing the Commission as an additional insured as its interest 
appears from the insurance carrier shall be sufficient evidence of insurance 
coverage as required by this section. 

sec.174.11. Insurance renewals.
(a) Until a loan is paid in full, borrowers shall renew insurance coverage 
annually and provide the renewal to the Commission in the same manner as 
specified in sec.174.10(c) of this title (relating to insurance) at least ten 
days prior to expiration of the policy. 
(b) If a borrower is a consumer and the borrower's case with the Commission is 
closed before the loan is repaid and insurance renewals are necessary, it shall 
be the responsibility of the borrower to provide a copy of the renewals directly 
to the office of the Commission's Deputy Director, Administration and Finance, 
4800 North Lamar, Austin, Texas 78756, in lieu of the vocational rehabilitation 
counselor. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 24, 1997.
TRD-9705505
Pat D. Westbrook
Executive Director
Texas Commission for the Blind
Effective date: May 14, 1997
Proposal publication date: October 29, 1996
For further information, please call: (512) 459-2611

TITLE 43. TRANSPORTATION
PART I. Texas Department of Transportation
CHAPTER 23.Travel Information
SUBCHAPTER B.Travel Information
43 TAC sec.23.10
The Texas Department of Transportation adopts amendments to sec.23.10, 
concerning travel literature, without changes to the proposed text as published 
in the March 11, 1997, issue of the Texas Register (22 TexReg 2602). 
Texas Civil Statutes, Article 6144e, authorizes the Department to compile and 
publish for free distribution, such pamphlets, bulletins, and documents as 
deemed necessary and expedient for information and publicity purposes concerning 
the highways of the state for the purpose of dissemination of information 
relative to highway construction, repair, maintenance and upkeep, and for the 
purpose of advertising the highways of this state and attracting traffic 
thereto. 
The amendment provide for notice of a decision to deny requests for multiple 
copies of travel literature; exclude advertising subjects that are not open to 
the general public year-round unless they are seasonal; establish publishing 
guidelines for media information; provide for notice of department acceptance of 
advertising at various times of the year; establish fair and efficient methods 
of accepting advertising; and authorize the removal of subject matter or an 
advertisement from travel publications in response to consumer complaints. No 
comments were received on the proposed amendment. 
The amendment is adopted under Transportation Code, sec.201.101, which provides 
the Texas Transportation Commission with the authority to promulgate rules for 
the conduct of the work of the Texas Department of Transportation and Texas 
Civil Statutes, Article 6144e, which provide the Texas Transportation Commission 
with the authority to publish pamphlets, bulletins, maps, and documents to serve 
the motoring public and road users. 
This agency hereby certifies that the adoption has been reviewed by legal 
counsel and found to be a valid exercise of the agency's legal authority. 
Issued in Austin, Texas, on April 24, 1997.
TRD-9705487
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Effective date: May 15, 1997
Proposal publication date: March 11, 1997
For further information, please call: (512) 463-8630