Part I.
Texas Natural Resource Conservation Commission
Chapter 7.
Memoranda of Understanding
30 TAC §7.105
The Texas Natural Resource Conservation Commission (commission)
adopts new §7.105, concerning Memoranda of Understanding (MOU) between
the commission and the Texas General Land Office (GLO), with changes to the
proposed text as published in the October 3, 1997, issue of the
Texas Register
(22 TexReg 9851).
EXPLANATION OF ADOPTED RULE
The MOU is adopted in response to House Bill 1, Article VI, Rider 11 from
the 75th Legislature (1997). Texas Water Code, §5.104 requires the commission
to adopt by rule any MOU between the commission and any other state agency.
The MOU sets forth the coordination of program responsibility and procedural
mechanisms relating to the rider which renewed the funding mechanism for
the Galveston Bay Estuary Program (GBEP) by providing funds in the amount
of $750,000 per year for two years to be transferred from the GLO to the
commission and that supervision of the GBEP be through the commission. The
MOU also clarifies that the term "jointly administer" requires that the GLO
and the commission, in consultation with the Galveston Bay Council, an advisory
council, shall not agree to any program, policy, or expenditure of resources
without determining that the program, policy, or expenditure is cost-effective
and an appropriate method for ensuring the restoration, maintenance, or enhancement
of the natural resources in and around Galveston Bay.
A typographical error to §7.105(a) was corrected. In §7.105(b)(1),
the name of the advisory council has been corrected to match the resolution
that created the body. In §7.105(b)(2), a comma was added, and a typographical
error was corrected. Section 7.105(b)(3) was modified to clarify that the
person designated by each agency will represent only that agency. Section
7.105(c)(1) was deleted because this section applied specifically to disputes
relating to expenditures from appropriated funds. Section 7.105(c)(2) was
renumbered and changed to make it applicable to all disputes, including disputes
relating to expenditures from appropriated funds. Section 7.105(d)(4) was
deleted and the text combined with §7.105(d)(2). The last paragraph
was renumbered to accommodate this deletion.
REGULATORY IMPACT ANALYSIS
A Regulatory Impact Analysis under §2001.0225 of the Texas Government
Code is not required for this rule because this rule is not a major environmental
rule. A major environmental rule is defined in §2001.0225 of the Government
Code as a rule the specific intent of which is to protect the environment
or reduce risks to human health from environmental exposure and that may
adversely affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, or the public health and
safety of the state of a sector of the state. The rule creates a framework
for communications between the commission and the GLO for issues that arise
relating to the management of the Galveston Bay Estuary Program and is a
prerequisite for the transfer of funds from the GLO to the commission for
implementation of the Galveston Bay Plan. These rules do not in a material
way relate to risks to human health from environmental exposure, or adversely
affect in a material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, or the public health and safety of the
state or a sector of the state.
Additionally, full regulatory impact analysis is not applicable to these
rules because these amendments do not exceed a standard set by federal law,
do not exceed an express requirement of state law, do not exceed a requirement
of a delegation agreement or contract between the state and an agency or
representative of the federal government to implement a state and federal
program, and are not adopted solely under the general powers of the agency
instead of under a specific state law. This rule implements state law and
is specifically required by state law in §5.104 of the Texas Water Code
and House Bill 1, Article VI, Rider 11 of the General Appropriations Act
of the 75th Texas Legislature.
TAKINGS IMPACT ASSESSMENT
The commission has prepared a Takings Impact Assessment for these rules
pursuant to Texas Government Code Annotated, §2007.043. The following
is a summary of that Assessment. The specific purpose of the rule is to adopt
an MOU between the commission and the GLO. This MOU will define the roles
of both agencies and will provide for procedural mechanisms for jointly administering
the GBEP. The MOU will not burden private real property as it does not propose
any substantive regulations impacting private real property.
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
The commission has reviewed the proposed rulemaking and determined that
it is not an action that may adversely affect a coastal natural resource
area that is subject to the Coastal Management Program. The proposed rule
does not govern any of the actions that must be subject to the goals and
policies of the Program, pursuant to 31 TAC §505.11.
COMMENTS
The proposed rule was published in the October 3, 1997, issue of the
LEGAL AUTHORITY
The new section is adopted under the Water Code, §5.103, which authorizes
the commission to adopt rules as necessary for the performance of its functions,
and Water Code, §5.104, which requires the commission to adopt by rule
any MOU between the commission and any other state agency.
§7.105.Adoption of Memoranda of Understanding between the Texas General Land Office and the Texas Natural Resource Conservation Commission.
(a)
This rule contains the memorandum of understanding (MOU)
between the Texas General Land Office (GLO) and the Texas Natural Resource
Conservation Commission (commission), which sets forth the coordination of
program responsibility and procedural mechanisms for the Galveston Bay Estuary
Program (GBEP).
(1)
Whereas, §5.104 of the Texas Water Code authorizes
the commission to enter into a memorandum of understanding with any other
state agency;
(2)
Whereas, the 75th Legislature passed the Texas General
Appropriations Act for 1998-99 and in Rider 11 directed an appropriation
from the Coastal Protection Fund to implement the GBEP;
(3)
Whereas, the commissioner of the GLO, pursuant to
Texas Natural Resource Code, Chapter 40, is responsible for expenditures
from the Coastal Protection Fund;
(4)
Whereas, the Water Quality Act of 1987, §320,
established the Galveston Bay National Estuary Program, now being implemented
through the GBEP, a division of the commission;
(5)
Whereas, the GBEP was established to develop a Comprehensive
Conservation and Management Plan for Galveston Bay which is known as the
Galveston Bay Plan;
(6)
Whereas, the purposes of the Galveston Bay Plan are
addressing threats to Galveston Bay arising from pollution, development,
and overuse, and enhancing ecosystem-based management of Galveston Bay;
(7)
Whereas, the Galveston Bay Plan's initiatives and
implementation goals, and other Water Quality Act programs are generally
within the existing jurisdiction of the commission, and the Texas Legislature
has authorized the commission to broadly exercise its role in the management
of aquatic and marine ecosystems, consistent with the comprehensive approach
of the Galveston Bay Plan;
(8)
Whereas, the 75th Legislature specifically directed
that the GLO and the commission enter into a MOU to implement and to jointly
administer the GBEP;
(9)
Therefore, the GLO and the commission agree to the
following provisions.
(b)
Administration.
(1)
The GLO and the commission, in consultation with the Galveston
Bay Council, shall jointly administer the GBEP.
(2)
For the purpose of this MOU, "jointly administer"
means that the GLO and the commission, in consultation with the Galveston
Bay Council, an advisory council, shall not agree to any program, policy
or expenditure of resources without determining that the program, policy
or expenditure is cost effective and an appropriate method for ensuring the
restoration, maintenance or enhancement of the natural resources in and around
Galveston Bay.
(3)
Each agency shall designate one person to represent
the designating agency for the purpose of interagency coordination and decision-making
related to the GBEP.
(4)
The GLO and the commission shall make good faith
efforts to achieve consensus regarding the programs, policies and expenditures
related to the implementation and administration of the GBEP.
(c)
Dispute Resolution. The GLO and the commission shall
submit to mediation or any other agreed form of alternative and appropriate
dispute resolution after a matter has been referred to senior policy personnel
in each agency without reaching agreement.
(d)
Term of Agreement.
(1)
This MOU shall be effective on the date of the last person
signing the MOU.
(2)
The term of this MOU shall be from the effective
date until termination. This MOU may be terminated by either agency upon
at least 30 days written notice.
(3)
This MOU may be amended at any time by written concurrence
of the signatories.
(4)
Nothing in this MOU shall be construed to require
either the GLO or the commission to perform any act in excess of its statutory
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 December 22, 1997.
TRD-9717016
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: January 16, 1998
Proposal publication date: October 3, 1997
For further information, please call: (512) 239-4640
Subchapter N. Adoption of Memoranda of Understanding by Reference
30 TAC §305.521
The Texas Natural Resource Conservation Commission (commission)
adopts the amendment of §305.521 relating to adoption of Memoranda of
Understanding by Reference between the commission and the Texas General Land
Office (GLO). Section 305.521 is adopted without changes as published in
the October 3, 1997, issue of the
Texas Register
(22 TexReg 9853).
EXPLANATION OF ADOPTED RULE
Amendments to §305.521(a)(4) are being done, in part, to relocate
the MOU agreement between the commission and GLO to §7.105 in concurrent
rulemaking. Chapter 7 of the commission rules is where all MOUs are to be
eventually contained.
TAKINGS IMPACT ASSESSMENT
The commission has prepared a Takings Impact Assessment for these rules
pursuant to Texas Government Code Annotated, §2007.043. The following
is a summary of that Assessment. The specific purpose of the rule is to adopt
an MOU between the commission and the GLO. This MOU will define the roles
of both agencies and will provide for procedural mechanisms for jointly administering
the GBEP. The MOU will not burden private real property as it does not propose
any substantive regulations impacting private real property.
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
The commission has reviewed the proposed rulemaking and determined that
it is not an action that may adversely affect a coastal natural resource
area that is subject to the Coastal Management Program (CMP). The proposed
rule does not govern any of the actions that must be subject to the goals
and policies of the CMP, pursuant to 31 TAC §505.11.
COMMENTS
No comments were received regarding adoption of the proposed amendment.
LEGAL AUTHORITY
The amendment is adopted under the Water Code, §5.103, which authorizes
the commission to adopt rules as necessary for the performance of its functions,
and Water Code, §5.104 which requires the commission to adopt by rule
any MOU between the commission and any other state 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 December 22, 1997.
TRD-9717017
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: January 16, 1998
Proposal publication date: October 3, 1997
For further information, please call: (512) 239-4640
Texas Natural Resource Conservation Commission (commission) adopts
amendments to §§344.2, 344.43, 344.56, 344.73, and 344.75, concerning
Landscape Irrigators without changes as published in the October 17, 1997,
issue of the
Texas Register
(22 TexReg 10245).
EXPLANATION OF ADOPTED RULE
The purpose of the adopted amendments is to implement legislative changes
to Texas Water Code, §34.002(a), regarding exemptions from the registration
requirement, as enacted by House Bill 328, 75th Legislature (1997). These
amendments also eliminate one of the fees for new registration, change by
one day the date by which continuing education must be acquired, clarify
that a renewal application must be submitted for renewal of registrations,
and make conforming changes regarding backflow prevention devices.
TAKINGS IMPACT ASSESSMENT
The commission has prepared a Takings Impact Assessment for this rule pursuant
to Texas Government Code Annotated, §2007.043. The following is a summary
of that Assessment. The proposed rulemaking does not create a burden on an
owner's private real property. The proposed rules add an exemption to licensure
requirements for irrigation or yard sprinkler systems on certain types of
real property. This rule lessens the burden on real property by adding an
exemption to licensure requirements. Likewise, the proposed deletion of the
registration fee for irrigators and the changing of the certificate of registration
renewal date has no effect on real property. Finally, promulgation and enforcement
of the rules related to backflow prevention will not create a burden on the
property that would otherwise exist in absence of the rulemaking.
FINAL REGULATORY IMPACT ANALYSIS
The commission has reviewed the proposed rulemaking in light of the regulatory
analysis requirements of Texas Government Code, §2001.0225 and has determined
that the rulemaking is not subject to §2001.0225 because it does not
meet the definition of "major environmental rule" as defined in the act. No
comments on the proposal were received.
COASTAL MANAGEMENT PROGRAM
The executive director has reviewed the proposed rulemaking and determined
that it is not an action that may adversely affect a coastal natural resource
area that is subject to the Coastal Management Program (CMP). The proposed
rule does not govern any of the actions that must be subject to the goals
and policies of the CMP, pursuant to 31 TAC, §505.11.
HEARINGS AND COMMENTS
The proposed rule was published in the October 17, 1997, issue of the
Subchapter A. General Provisions
30 TAC §344.2
LEGAL AUTHORITY
The amendment is adopted under Texas Water Code, §§5.103, 5.105,
5.120, and 34.006, which provide the commission with the authority to promulgate
rules necessary for the exercise of its jurisdiction and powers provided by
the Code and other laws.
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 December 19, 1997.
TRD-9717013
Kevin McCalla
Director, Legal Division
Texas Natural Resource Conservation Commission
Effective date: January 16, 1998
Proposal publication date: October 17, 1997
For further information, please call: (512) 239-4640
Chapter 305.
Consolidated Permits
Chapter 344.
Landscape Irrigators
Subchapter C. Registration/Licensure of Irrigators and Installers