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 16. ECONOMIC REGULATION PART I. Railroad Commission of Texas CHAPTER 3. Oil and Gas Division Conservation Rules and Regulations 16 TAC sec.3.31 The Railroad Commission of Texas adopts an amendment to sec.3.31, regarding gas reservoirs and gas well allowable, with changes to the proposed text as published in the January 10, 1997, issue of the Texas Register (22 TexReg 417). These amendments are adopted to relieve an unnecessary regulatory burden on marginal gas wells by exempting them from proration under certain circumstances. The Railroad Commission has made changes in the amendments based on comments received. The changes are as follows: The first change adds language to sec.3.31(g)(5)(A) which clarifies that no well in an exempt field may have an allowable greater than 250 Mcf per day. The second change is to sec.3.31(g)(5)(B) which creates a presumption that prorating wells in fields where no well is capable of producing more than 250 Mcf per day is not necessary to protect correlative rights or to prevent waste. This presumption only applies to applications that were not administratively approved but are unopposed. This addition extends to fields with special field rules the underlying presumption in sec.3.31(g)(5)(A) that exempts similar fields without special field rules from proration. These changes impose no greater burden on the regulated community nor do they broaden the scope of the rule as originally proposed. These amendments are adopted in response to the changed market for natural gas and allow for a reduced regulatory burden on marginal wells by exempting them from proration while maintaining, through proration of marginal wells via special field rules where appropriate, protection of correlative rights. The following is a summary of comments received: Miller Consulting Inc. generally supported the amendments but suggested language to clarify that no exempt well could receive an allowable greater than 250 Mcf per day. The commission agrees and has added the language to sec.3.31(g)(5)(A). The Texas Independent Producers and Royalty Owners Association (TIPRO) filed comments generally supporting the amendments but also suggested changes. TIPRO suggested that fields with special field rules be deemed exempt if no operator in the field protested the change or, in the alternative, suggested that a rebuttable presumption of 100% market demand be created for such fields. The commission declines the first suggestion because the commission deems it inappropriate to change a special field rule, enacted by commission order after notice and hearing, with a rule of general application. The commission agrees with the rationale of the alternate suggestion and has amended sec.3.31(g)(5)(B) accordingly. The North Texas Oil & Gas Association filed comments generally supporting the amendments but suggested that fields with special field rules be administratively granted exempt status if 75% of affected operators consent and no others protest. The commission declines this suggestion because the commission deems it inappropriate to change a special field rule, enacted by commission order after notice and hearing, with a rule of general application. The following filed comments supporting the amendments: Texas Mid-Continent Oil & Gas Association, ARCO Permian, Mueller Engineering Corp. and the Permian Basin Petroleum Association. This amendment is adopted pursuant to the Texas Natural Resources Code sec.sec.81.051, 81.052, 85.055, 85.201 - 85.202, 86.011, 86.012, 86.041, 86.042, 86.081, 86.083 - 86.090, 111.083, 111.090 and 111.133, which provides the Railroad Commission of Texas with the authority to adopt rules for the following purposes: to govern and regulate persons and their operations under the jurisdiction of the Railroad Commission; to determine the status of gas production from all gas reservoirs; to distribute, prorate and apportion allowable production; to determine the lawful market demand for gas to be produced from each reservoir; to adjust correlative rights and opportunities; to determine the daily allowable production for each gas well; to effectuate the provisions and purposes of Chapter 86 of the Natural Resources Code; and to conserve and prevent waste of gas. The Texas Natural Resources Code, sec.sec.81.051, 81.052, 85.055, 85.201 - 85.202, 86.011, 86.012, 86.041, 86.042, 86.081, 86.083 - 86.090, 111.083, 111.090, and 111.133 is affected by the amendments. sec.3.31. Gas Reservoirs and Gas Well Allowable. (a)-(e) (No change.) (f) Fields operating under statewide rules. A statewide prorated field is any gas field in which no special field rules have been adopted and in which at least one well in the field has a current reported deliverability test of greater than 250 Mcf a day. Daily allowable production of gas from individual wells in a statewide prorated field shall be determined by allocating the allowable production among the individual wells in the proportion that each well's deliverability (based on the latest deliverability test of record) bears to the summation of the most recent reported deliverability tests of all wells producing from the same field. Allocated allowables shall be subject to the well capability provisions of this section. (g) Definitions of prorated and nonprorated wells and fields. (1)-(4) (No change.) (5) Statewide Exempt Fields (A) A statewide exempt field is any gas field in which no special field rules have been adopted and in which no well in the field has a current reported deliverability test of greater than 250 Mcf per day. Wells in statewide exempt fields shall be assigned allowables equal to their capacity to produce but in no event greater than 250 Mcf per day. (B) In fields where special field rules exist and no well has a current deliverability test of greater than 250 Mcf per day, an operator may request statewide exempt field status. The request may be granted administratively by the commission or commission designee if the applicant provides the commission with a declaration, signed by all operators, subject to the false filing penalties provided for in the Texas Natural Resources Code, sec.91.143, stating all operators in the field agree to exempt status. If declarations are not provided from all operators in the field or if the commission or commission designee declines to grant any request administratively, the applicant may request a hearing. If a notice of intent to appear in protest of the application has not been filed by five days before the date of the hearing, then there shall be a presumption that each well's first purchaser has a market for 100% of the well's deliverability as determined by the most recent deliverability tests on file with the Commission and that granting exempt status to the field will not harm correlative rights or cause waste and exempt status will be granted. Wells in exempt fields with special rules shall be assigned allowables equal to their capability to produce but in no event greater than 250 Mcf per day. If 250 Mcf per day is exceeded by any well, the field will be changed to the existing special field rule allocation. Reinstatement of allocation formula may be initiated by the commission designee, or by one of the operators in the field. (6) A limited well is a nonprorated well in a prorated field (other than a special or administrative special allowable well) with an allowable set below the maximum allowable it would receive under the allocation formula. A limited well shall be assigned an allowable at the rate that the well is capable of producing as determined by subsection (e) of this section. (7) A special allowable well is a nonprorated well granted a fixed allowable by the commission after notice and hearing. (8) An administrative special allowable well is a nonprorated well that has been granted an allowable pursuant to subsection (k) of this section. (9) The maximum allowable for a well is the largest allowable that can be assigned under applicable rules. For a limited well, the maximum allowable is the allowable the well would receive under the allocation formula. For a special allowable well, the maximum allowable is the allowable assigned pursuant to paragraph (7) of this subsection . For administrative special allowable wells, the maximum allowable is 100 Mcf/day for wells qualifying as administrative special wells under subsection (k)(1) of this section and is the allowable the well would receive under the allocation formula for wells qualifying as administrative special allowable wells under subsection (k)(2) of this section. For a well in a one well field, the maximum allowable is the well's deliverability based on the latest deliverability test of record. For an associated gas well, the maximum allowable is the gas well allowable calculated by sec.3.49(b)(1) or (2) of this title (relating to gas-oil ratio) (Statewide Rule 49). (h)-(k) (No change.) 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 29, 1997. TRD-9705672 Mary Ross McDonald Deputy General Counsel, Office of General Counsel Railroad Commission of Texas Effective date: May 19, 1997 Proposal publication date: January 10, 1997 For further information, please call: (512) 463-7008 CHAPTER 9. Liquefied Petroleum Gas Division The Railroad Commission of Texas adopts the repeal of sec.9.231-sec.9.247, relating to identification of approved appliances; installation of appliances; automatic shut-off devices; room heaters in public building; provision for combustion air; open flame appliances; testing appliances; appliances made for venting; appliance connectors; water heaters; appliance repairs and conversions; venting of appliances definitions; minimum safe performance; appliances to be vented and approved venting systems; maximum unvented BTU input; installation; and power venting, without changes to the proposed text as published in the January 10, 1997, issue of the Texas Register (22 TexReg 418). The repealed sections were in subchapter D, titled "LP-gas appliances and appurtenant equipment," which is renamed to "Adoption by Reference of NFPA 54 (National Fuel Gas Code) and NFPA 501C (Standard on Recreational Vehicles) and Adopted Exceptions to NFPA 54." The sections are repealed because the requirements are included in NFPA 54. The Commission also adopts the repeal of sec.sec.9.456, 9.469, 9.470, and 9.927, relating to regulator relief valves; venting regulators; draining condensate; and Appendix G: flow of LP-gas through fixed orifices, without changes to the proposed text as published in the January 10, 1997, issue of the Texas Register (22 TexReg 418). These sections are repealed because the requirements are included in NFPA 54. In addition, the Commission adopts the repeal of sec.sec.9.951-9.965, relating to low pressure-high pressure piping; piping installation identification; specifications for approved low pressure piping or tubing materials; underground corrosion protection; piping layout; joining methods; drainage and drips; piping support; exterior piping; joint compound; bending pipe; cap outlets; pressure test of piping; specifications for approved high pressure piping materials; and joining of high pressure piping, without changes to the proposed text as published in the January 10, 1997, issue of the Texas Register (22 TexReg 418). The sections are repealed because the requirements are included in NFPA 54. The repeals remove all rules from existing subchapter L, relating to LP-gas piping and piping systems; therefore, the Commission redesignates subchapter L as being reserved for future use. The Commission also adopts the repeal of sec.sec.9.1651, 9.1653-9.1666, and 9.1668 - 9.1695, relating to applicability of subchapter S; quality of design and installations of gas systems and equipment; LP-gas container working pressure; maximum container capacities; location and mounting of LP-gas containers; securing of LP-gas containers; shielding of LP-gas containers from heat of internal combustion engine exhaust system components; ventilation and labeling of compartments containing LP-gas cylinders; securing LP-gas container housings; LP-gas container appurtenances; valves for multiple LP-gas container assembly systems; automatic stop fill devices; protection of LP- gas container valves; LP-gas regulators; LP-gas excess flow valves; maximum vapor pressure; gas piping system materials; gas piping design; gas pipe sizing; joint materials; routing and protection of tubing and piping; location of supply connections; LP-gas supply connectors; high-pressure LP-gas connections; low- pressure LP-gas connections; appliance connections; gas shutoff valves; gas inlet cap; prohibiting use of gas piping as electrical ground; gas pipe hangers and supports; testing for gas leakage; gas appliances; venting requirements; installation of internal combustion engine generators; marking of appliances; location of appliances; clearances of heat-producing appliances; sizing and materials of supply ducts; sizing, materials, and openings of return air ducts; air duct joints and seams; air conditioning (other than automotive-type); required information; and required labels and identification plates, without changes to the proposed text as published in the January 10, 1997, issue of the Texas Register (22 TexReg 418). The sections are repealed because the requirements are included in NFPA 54. The repeals in existing subchapter S, entitled installation or repair of LP-gas containers, piping or appliances in recreational vehicles, remove all rules from that subchapter; therefore, the Commission redesignates subchapter S as being reserved for future use. The text of the adopted repeals will not be published. In addition, the Commission simultaneously adopts amendments to existing sec.sec.9.1, 9.2, and 9.174, relating to application of rules, severability, and retroactivity; definitions; and hose specifications, without changes to the proposed text as published in the January 10, 1997, issue of the Texas Register (22 TexReg 418). The adopted amendments, in sec.9.1, correct and clarify the existing and new subchapter titles, and in sec.9.2, delete the definition of corrugated stainless steel tubing (CSST) because it is included in the NFPA 54 definitions. The definitions of high pressure gas piping or tubing, and low pressure gas piping or tubing are amended to conform to the requirements for these in NFPA 54. The adopted amendment to sec.9.174 deletes subsection (f) because the requirements are covered in NFPA 54. The Commission also simultaneously adopts, in newly designated subchapter D, new sec.sec.9.251, 9.257, 9.263, 9.266, 9.269, 9.272, and 9.275, relating to adoption by reference of NFPA 54 and NFPA 501C, and certain other NFPA publications; exclusion of NFPA 54, sec.6.31; identification of converted appliances; identification of piping installation; special exceptions for agricultural and industrial structures relating to appliance connectors and piping support; certification requirements for joining methods; and high pressure gas piping or tubing, without changes to the proposed text as published in the January 10, 1997, issue of the Texas Register (22 TexReg 418), and new sec.9.254 and sec.9.260, relating to clarification of certain terms used in NFPA 54 and 501C, and room heaters used in buildings, with changes to the proposed text as published in the January 10, 1997, issue of the Texas Register (22 TexReg 418). The text of the amended or new sections adopted without changes will not be republished. The changes adopted in sec.9.254 and sec.9.260 are nonsubstantive and are made for clarification. The Commission adopts these actions to repeal outdated or incomplete rules and to replace them with the National Fire Protection Association's National Fuel Gas Code (commonly referred to as "NFPA 54"), a nationally-recognized standard adopted in whole or in part by most other states in the United States, and NFPA 501C, Standard for Recreational Vehicles, also a nationally-recognized standard. The Commission adopts NFPA 54 and 501C in new sec.9.251, with certain exceptions and clarifications described in new sec.sec.9.254, 9.257, 9.260, 9.263, 9.266, 9.269, 9.272, and 9.275. The simultaneous repeal of sections in subchapters D, L, and S, and adoption of NFPA 54 and 501C will establish consistent requirements for Texas licensees with most other states in the United States. The adoption by reference incorporates the 1996 editions of NFPA 54 and 501C. The Commission also adopts by reference all other NFPA publications or portions of those publications referenced in NFPA 54 which apply to LP-gas activities only. In other words, if other LP-gas activities are to be performed by a licensee and those activities are included in an NFPA publication referenced in NFPA 54 or 501C, then the licensee shall perform those activities in compliance with the referenced document. For example, sec.6.2.6 of NFPA 54 refers to another NFPA publication, NFPA 37, Standard for the Installation and Use of Stationary Combustion Engines and Gas Turbines. Licensees who will be performing that type of work shall also be required to purchase that NFPA publication and perform the work to those standards. The Commission adopts the new rules with an effective date of June 1, 1997. As of the effective date, Commission examinations and review materials will include information from NFPA 54 and 501C. NFPA 54 was reviewed by the Commission's appointed NFPA 54 task force, which consisted of members of the LP-gas industry from all areas of the state, and which met twice to review NFPA 54 and discuss whether any exceptions would be necessary for Texas. The specific sections of NFPA 54 adopted or amended were identified and approved by the task force. The adoption has also been reviewed and approved by the Commission's LP-gas advisory committee. The Commission received comments from the Texas Propane Gas Association, the Recreation Vehicle Industry Association, Independent Gas Company, R.L. Propane, Sands Propane, and Gilbert Gas Company. Five comments were in favor of the proposed adoption by reference of NFPA 54. The sixth comment suggested two minor wording changes which are adopted in sec.9.260, relating to room heaters. In addition, the Commission adopts two nonsubstantive changes in sec.9.254(b), changing the word "homeowner" to "person" and the word "property" to "premises." These changes are made to correspond to the language in the cited rule, 16 TAC sec.9.177, relating to connecting containers to unapproved piping. In addition, the incorrect internal reference to sec.9.3 has been corrected to sec.9.2, which is the section concerning definitions. SUBCHAPTER A. General Applicability and Requirements 16 TAC sec.9.1, sec.9.2 The amendments are adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the Commission to adopt rules relating to any and all aspects or phases of the LP-gas industry that will protect or tend to protect the health, welfare, and safety of the general public; and sec.113.052, which allows the Commission to adopt by reference the published codes of nationally recognized societies, including the National Fire Protection Association. The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by the adopted amendments and new sections. 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 29, 1997. TRD-9705671 Mary Ross McDonald Deputy General Counsel, Office of General Counsel Railroad Commission of Texas Effective date: June 1, 1997 Proposal publication date: January 10, 1997 For further information, please call: (512) 463-7008 SUBCHAPTER B. Basic Rules 16 TAC sec.9.174 The amendment is adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the Commission to adopt rules relating to any and all aspects or phases of the LP-gas industry that will protect or tend to protect the health, welfare, and safety of the general public; and sec.113.052, which allows the Commission to adopt by reference the published codes of nationally recognized societies, including the National Fire Protection Association. The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by the adopted amendments and new sections. 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 29, 1997. TRD-9705670 Mary Ross McDonald Deputy General Counsel, Office of General Counsel Railroad Commission of Texas Effective date: June 1, 1997 Proposal publication date: January 10, 1997 For further information, please call: (512) 463-7008 SUBCHAPTER D. LP-Gas Appliances and Appurtenant Equipment 16 TAC sec.sec.9.231-9.247 The repeals are adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the Commission to adopt rules relating to any and all aspects or phases of the LP-gas industry that will protect or tend to protect the health, welfare, and safety of the general public; and sec.113.052, which allows the Commission to adopt by reference the published codes of nationally recognized societies, including the National Fire Protection Association. The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by the adopted repeals. 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 29, 1997. TRD-9705669 Mary Ross McDonald Deputy General Counsel, Office of General Counsel Railroad Commission of Texas Effective date: June 1, 1997 Proposal publication date: January 10, 1997 For further information, please call: (512) 463-7008 SUBCHAPTER D. Adoption by Reference of NFPA 54 National Fuel Gas Code) and NFPA 501C (Standard on Recreational Vehicles) and Adopted Exceptions to NFPA 54 16 TAC sec.sec.9.251, 9.254, 9.257, 9.260, 9.263, 9.266, 9.269, 9.272, and 9.275 The new sections are adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the Commission to adopt rules relating to any and all aspects or phases of the LP-gas industry that will protect or tend to protect the health, welfare, and safety of the general public; and sec.113.052, which allows the Commission to adopt by reference the published codes of nationally recognized societies, including the National Fire Protection Association. The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by the adopted amendments and new sections. sec.9.254. Clarification of Certain Terms Used in NFPA 54 and 501C. (a) Authority having jurisdiction. As pertains to the use of LP-gas in Texas, the phrase "authority having jurisdiction" defined in NFPA 54, sec.1.7, and NFPA 501C, sec.1-3, and referenced in other NFPA publications shall be the Railroad Commission of Texas or any of its divisions or employees. (b) Qualified agency. The term "qualified agency" as defined in NFPA 54, sec.1.7, shall include a person (as "person" is defined in sec.9.2 of this title, relating to definitions) who holds a current license issued by the Railroad Commission, or a person performing certain LP-gas activities on his own premises, as allowed in sec.9.177 of this title (relating to connecting containers to unapproved piping). sec.9.260. Room Heaters in Public Buildings. In addition to applicable requirements in NFPA 54, Part 6, Installation of Specific Equipment, room heaters shall not be installed in homes for the aged, sanatoriums, convalescent homes, orphanages, and other institutions of this type. Room heaters in schools, day care centers, foster homes, hotels or other similar buildings or rooms used for temporary lodging shall be vented and equipped with a safety shut-off device, except that room heaters with 40,000 Btu or less input and infrared heaters are not required to be vented, but shall have a safety shutoff device and an oxygen depletion system (ODS). 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 29, 1997. TRD-9705668 Mary Ross McDonald Deputy General Counsel, Office of General Counsel Railroad Commission of Texas Effective date: June 1, 1997 Proposal publication date: January 10, 1997 For further information, please call: (512) 463-7008 SUBCHAPTER F. Consumer LP-Gas Systems 16 TAC sec.sec.9.456, 9.469, and 9.470 The repeals are adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the Commission to adopt rules relating to any and all aspects or phases of the LP-gas industry that will protect or tend to protect the health, welfare, and safety of the general public; and sec.113.052, which allows the Commission to adopt by reference the published codes of nationally recognized societies, including the National Fire Protection Association. The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by the adopted repeals. 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 29, 1997. TRD-9705667 Mary Ross McDonald Deputy General Counsel, Office of General Counsel Railroad Commission of Texas Effective date: June 1, 1997 Proposal publication date: January 10, 1997 For further information, please call: (512) 463-7008 SUBCHAPTER K. Appendices 16 TAC sec.9.927 The repeal is adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the Commission to adopt rules relating to any and all aspects or phases of the LP-gas industry that will protect or tend to protect the health, welfare, and safety of the general public; and sec.113.052, which allows the Commission to adopt by reference the published codes of nationally recognized societies, including the National Fire Protection Association. The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by the adopted repeals. 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 29, 1997. TRD-9705666 Mary Ross McDonald Deputy General Counsel, Office of General Counsel Railroad Commission of Texas Effective date: June 1, 1997 Proposal publication date: January 10, 1997 For further information, please call: (512) 463-7008 SUBCHAPTER L. LP-Gas Piping and Piping Systems 16 TAC sec.sec.9.951-9.965 The repeals are adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the Commission to adopt rules relating to any and all aspects or phases of the LP-gas industry that will protect or tend to protect the health, welfare, and safety of the general public; and sec.113.052, which allows the Commission to adopt by reference the published codes of nationally recognized societies, including the National Fire Protection Association. The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by the adopted repeals. 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 29, 1997. TRD-9705665 Mary Ross McDonald Deputy General Counsel, Office of General Counsel Railroad Commission of Texas Effective date: June 1, 1997 Proposal publication date: January 10, 1997 For further information, please call: (512) 463-7008 SUBCHAPTER S. Installation or Repair of LP-Gas Containers, Piping or Appliances in Recreational Vehicles 16 TAC sec.sec.9.1651, 9.1653-9.1666, 9.1668-9.1695 The repeals are adopted under the Texas Natural Resources Code, sec.113.051, which authorizes the Commission to adopt rules relating to any and all aspects or phases of the LP-gas industry that will protect or tend to protect the health, welfare, and safety of the general public; and sec.113.052, which allows the Commission to adopt by reference the published codes of nationally recognized societies, including the National Fire Protection Association. The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by the adopted repeals. 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 29, 1997. TRD-9705664 Mary Ross McDonald Deputy General Counsel, Office of General Counsel Railroad Commission of Texas Effective date: June 1, 1997 Proposal publication date: January 10, 1997 For further information, please call: (512) 463-7008 TITLE 31. NATURAL RESOURCES AND CONSERVATION PART Part I. General Land Office CHAPTER Chapter 17.Hearing Procedures for Administrative Penalties and Removal of Unauthorized or Dangerous Structures on State Land 31 TAC sec.17.2 The Texas General Land Office adopts an amendment to sec.17.2, concerning definitions, without changes to the proposed text published in the December 20, 1996, issue of the Texas Register (21 TexReg 12288). The amendment to this section was made to clarify the meaning of an owner or operator of an unauthorized structure or facility located on state land. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Natural Resource Code, sec.51.302 and sec.51.3021, which provides the commissioner with the authority to (i) identify unauthorized structures and facilities, (ii) require removal of any unauthorized structures and facilities, (iii) impose penalties and liability for removal costs upon persons who are owners or operators of the unauthorized structures and facilities, and (iv) adopt rules consistent with the law. 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 30, 1997. TRD-9705716 Garry Mauro Commissioner General Land Office Effective date: May 20, 1997 Proposal publication date: December 20, 1996 For further information, please call: (512) 305-9129 PART IV. School Land Board CHAPTER 155.Land Resources Coastal Public Lands 31 TAC 155.5 The School Land Board (SLB) adopts an amendment to sec.155.5, concerning registration of structures and piers on coastal public lands, without changes to the proposed text as published in the March 21, 1997, issue of the Texas Register (22 TexReg 2957). Section 33.115 and sec.33.132 of the Texas Natural Resource Code provide for two different types of structure registrations. Section 155.5 is amended to clarify which provisions of the rule are applicable to each type of registered improvement. Because the definition of "structure" in sec.155.1 of this title includes floating and fixed piers, the amendments exclude piers eligible for registration from such definition, thereby preventing confusion regarding the terminology and applicability of the rules. Finally, the adopted amendments set forth the limitations on an owner's right to modify and rebuild a registered structure or pier and clarify when a structure or pier registration is terminated. Upon termination of the agreement authorizing the pier or structure to remain on coastal public land, the owner shall remove any and all private property from coastal public land and leave the land in a safe, clean condition. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Natural Resources Code, Chapter 33, sec.33.064, which authorizes the SLB to adopt procedural and substantive rules necessary for the management of coastal public land. 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 30, 1997. TRD-9705714 Garry Mauro Chairman School Land Board Effective date: May 20, 1997 Proposal publication date: March 21, 1997 For further information, please call: (512) 305-9129 TITLE 37. PUBLIC SAFETY AND CORRECTIONS PART XIII. Texas Commission on Fire Protection CHAPTER 423.Fire Suppression SUBCHAPTER B.Minimum Standards for Aircraft Crash and Rescue Fire Protection Personnel 37 TAC sec.423.201 The Texas Commission on Fire Protection adopts an amendment to sec.423.201, concerning minimum standards for aircraft crash and rescue fire protection personnel, without changes to the proposed text as published in the February 18, 1997, issue of the Texas Register (22 TexReg 1789). The justification for this section is that the requirements for assignment to aircraft fire suppression duty will be consistent with structure fire suppression duty with regard to emergency care attendant certification requirements. The amendments clarify the requirements for assignment to duties as aircraft crash and rescue fire protection personnel. Although emergency care attendant certification is required for aircraft certification, it is not required for assignment to such duties. There were no comments received on the proposed amendment. The amendment is adopted under Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to propose rules for the administration of its powers and duties; and Texas Government Code, sec.419.022, which provides the commission with authority to establish minimum training standards for fire protection personnel in advanced or specialized fire protection personnel positions. 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 28, 1997. TRD-9705659 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1998 Proposal publication date: February 18, 1997 For further information, please call: (512) 918-7189 SUBCHAPTER C.Minimum Standards for Marine Fire Protection Personnel 37 TAC sec.423.301 The Texas Commission on Fire Protection adopts an amendment to sec.423.301, concerning minimum standards for marine fire protection personnel, without changes to the proposed text as published in the February 18, 1997, issue of the Texas Register (22 TexReg 1790). The justification for this section is that the requirements for assignment to marine fire suppression duty will be consistent with structure fire suppression duty with regard to emergency care attendant certification requirements. The amendments clarify the requirements for assignment to duties as marine fire protection personnel. Although emergency care attendant certification is required for marine certification, it is not required for assignment to such duties. There were no comments received on the proposed amendment. The amendment is adopted under Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to propose rules for the administration of its powers and duties; and Texas Government Code, sec.419.022, which provides the commission with authority to establish minimum training standards for fire protection personnel in advanced or specialized fire protection personnel positions. 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 28, 1997. TRD-9705658 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1998 Proposal publication date: February 18, 1997 For further information, please call: (512) 918-7189 CHAPTER 425.Fire Protection Instructor SUBCHAPTER A.Fire Service Instructor Certification 37 TAC sec.425.5 The Texas Commission on Fire Protection adopts an amendment to sec.425.5, concerning minimum standards for intermediate fire service instructor certification, without changes to the proposed text as published in the February 18, 1997, issue of the Texas Register (22 TexReg 1791). The justification for this section is that the requirements for documentation of approved areas of training will be clarified. The amendment corrects a reference error to clarify the documentation requirements for intermediate fire service instructor certification. There were no comments received on the proposed amendment. The amendment is adopted under Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and Texas Government Code, sec.419.028(3), which provides the commission the authority to certify persons as qualified fire protection instructors under conditions the commission prescribes. 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 28, 1997. TRD-9705657 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1998 Proposal publication date: February 18, 1997 For further information, please call: (512) 918-7189 SUBCHAPTER C.Fire Education Specialist Certification 37 TAC sec.425.305 The Texas Commission on Fire Protection adopts an amendment to sec.425.305, concerning minimum standards for intermediate fire education specialist certification, without changes to the proposed text as published in the February 18, 1997, issue of the Texas Register (22 TexReg 1791). The justification for this section is that the requirements for documentation of approved areas of training will be clarified. The amendments correct a reference error to clarify the documentation requirements for intermediate fire education specialist certification. There were no comments received on the proposed amendment. The amendment is adopted under Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and Texas Government Code, sec.419.028(3), which provides the commission the authority to certify persons as qualified fire protection instructors under conditions the commission prescribes. 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 28, 1997. TRD-9705656 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1998 Proposal publication date: February 18, 1997 For further information, please call: (512) 918-7189 SUBCHAPTER D.Associate Instructor Certification 37 TAC sec.425.401 The Texas Commission on Fire Protection adopts an amendment to sec.425.401, concerning minimum standards for associate instructor certification, without changes to the proposed text as published in the February 18, 1997, issue of the Texas Register (22 TexReg 1792). The justification for this section is that the requirements for documentation of approved areas of training will be clarified. The amendment corrects a reference to clarify the documentation requirements for associate instructor certification. There were no comments received on the proposed amendment. The amendment is adopted under Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and Texas Government Code, sec.419.028(3), which provides the commission the authority to certify persons as qualified fire protection instructors under conditions the commission prescribes. 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 28, 1997. TRD-9705655 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1998 Proposal publication date: February 18, 1997 For further information, please call: (512) 918-7189 CHAPTER 427.Certified Training Facilities 37 TAC sec.427.7 The Texas Commission on Fire Protection adopts an amendment to sec.427.7, concerning certified training facilities for paid fire protection personnel, without changes to the proposed text as published in the February 18, 1997, issue of the Texas Register (22 TexReg 1792). The justification for this section is that cross references to other sections are corrected to provide a clearer understanding of requirements for training facilities. The amendment corrects a reference error to ensure compliance with the requirements for protective clothing at certified training facilities. There were no comments received on the proposed amendment. The amendment is adopted under Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to propose rules for the administration of its powers and duties; and Texas Government Code, sec.419.028(2), which provides the commission the authority to certify facilities operated for training fire protection personnel or recruits. 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 28, 1997. TRD-9705654 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1998 Proposal publication date: February 18, 1997 For further information, please call: (512) 918-7189 CHAPTER 435.Firefighter Safety 37 TAC sec.435.3 The Texas Commission on Fire Protection adopts an amendment to sec.435.3, concerning self-contained breathing apparatus, without changes to the proposed text as published in the February 18, 1997, issue of the Texas Register (22 TexReg 1793). The justification for this section is that some small communities will be able to comply with air testing requirements and duplicate tests considered unnecessary by the commission will not be required. The amendment requires the employing entity to have samples of the breathing air used to fill self-contained breathing apparatus tested every six months. The amendment deletes the requirement that vendor supplied breathing air also be tested by the vendor. There were no comments received on the proposed amendment. The amendment is adopted under Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to adopt rules for the administration of its powers and duties; and Texas Government Code, sec.419.041, which provides the commission with authority to adopt standards for self-contained breathing apparatus. 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 28, 1997. TRD-9705653 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: May 19, 1997 Proposal publication date: February 18, 1997 For further information, please call: (512) 918-7189 CHAPTER 437.Fees 37 TAC sec.437.13, sec.437.15 The Texas Commission on Fire Protection adopts amendments to sec.437.13 and sec.437.15, concerning certification fees, without changes to the proposed text as published in the February 18, 1997, issue of the Texas Register (22 TexReg 1794). The justification for this section is that the amended sections will discourage and hopefully reduce the incidence of "no-shows" for fire fighter certification tests and reduce the waste of staff time required to devote to same. The proposed changes add a charge of $5.00 for a performance skills book. The amendments also make the testing fees "non- refundable" to discourage persons from applying for test dates and not showing up. There were no comments received on the proposed amendments. The amendments are adopted under Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to propose rules for the administration of its powers and duties; and sec.419.026, which provides the commission with authority to establish fees for certification and examinations. 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 28, 1997. TRD-9705652 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: May 19, 1997 Proposal publication date: February 18, 1997 For further information, please call: (512) 918-7189 CHAPTER 441.Continuing Education 37 TAC sec.441.7 The Texas Commission on Fire Protection adopts an amendment to sec.441.7, concerning continuing education, without changes to the proposed text as published in the February 18, 1997, issue of the Texas Register (22 TexReg 1795). The justification for this section is that fire protection personnel will be encouraged to obtain continuing education in public fire education to promote fire prevention in their communities. The amendment removes public relations from the subjects that are not acceptable for continuing education credit. One commentator opposed the amendment for the reason that continuing education should be focused on hands-on performance skills. By allowing CE credit in public fire education, the amount of time devoted to skills training may be reduced. The commission disagreed with the commentator for the reason that it was felt that public relations and public fire education are important to the fire prevention efforts of local communities and allowing CE credit for public fire education would promote such efforts. A representative of the Fort Worth Fire Department submitted comments against the amendment. The amendment is adopted under Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to propose rules for the administration of its powers and duties; and Texas Government Code, sec.419.032(b), which authorizes the commission to establish qualifications relating to continuing education or training programs. 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 28, 1997. TRD-9705651 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1998 Proposal publication date: February 18, 1997 For further information, please call: (512) 918-7189 CHAPTER 473.Volunteer Fire Fighter 37 TAC sec.473.11 The Texas Commission on Fire Protection adopts new sec.473.11, concerning volunteer fire fighter certification, without changes to the proposed text as published in the February 21, 1997, issue of the Texas Register (22 TexReg 1880). The justification for this section is that participation in the IFSAC process ensures that Texas fire fighter certification requirements comply with national standards for testing and training and benefits Texas volunteer fire fighters by increasing their mobility to other accredited jurisdictions. The change adds new language to recognize the participation of the commission in the accreditation program outlined by the International Fire Service Accreditation Congress (IFSAC), by allowing individuals certified by the commission as volunteer fire fighters to obtain IFSAC certification seals. There were no comments received on the proposed new section. The new section is adopted under Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to propose rules for the administration of its powers and duties; and Texas Government Code, sec.419.071, which provides the commission with authority to establish voluntary certification standards for volunteer fire fighters. 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 28, 1997. TRD-9705650 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1998 Proposal publication date: February 21, 1997 For further information, please call: (512) 918-7189 CHAPTER 481.Volunteer Fire Fighter Fees 37 TAC sec.481.13 The Texas Commission on Fire Protection adopts new sec.481.13, concerning fees for International Fire Service Accreditation Congress seals, without changes to the proposed text as published in the February 21, 1997, issue of the Texas Register (22 TexReg 1880). The justification for this section is that participation in the IFSAC accreditation process ensures that Texas fire fighter certification requirements comply with national standards for testing and training and benefits Texas volunteer fire fighters by increasing their mobility to other accredited jurisdictions. The new section allows the commission to charge a fee for individual IFSAC seals. There were no comments received on the proposed new section. The new section is adopted under Texas Government Code, sec.419.008, which provides the Texas Commission on Fire Protection with authority to propose rules for the administration of its powers and duties; and sec.419.073, which provides the Texas Commission on Fire Protection with authority to establish certification fees for the volunteer certification 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 28, 1997. TRD-9705649 Jack Woods General Counsel Texas Commission on Fire Protection Effective date: January 1, 1998 Proposal publication date: February 21, 1997 For further information, please call: (512) 918-7189