Proposed Rule Reviews
Texas Animal Health Commission
Title 4, Part II
The Texas Animal Health Commission (TAHC), beginning July 1999, will review
and consider for readoption, revision, or repeal of Chapter 36, concerning
Exotic Livestock and Fowl, in accordance with the General Appropriations Act,
Article IX, Section 167, 75th Legislature. The rules to be reviewed are located
in Title 4, Part II, of the Texas Administrative Code, and contains the following
sections: §36.1 Definitions and §36.2 General Requirements.
The commission will consider, among other things, whether the reasons for
adoption of these rules continue to exist and whether amendments are needed.
Any changes to the rules proposed by the commission after reviewing the rules
and considering the comments received in response to this notice will appear
in the "Rules Proposed" section of the Texas Register and will be adopted
in accordance with the requirements of the Administrative Procedure Act, Texas
Government Code Annotated, Chapter 2001. The comment period will last for
30 days beginning with the publication of this notice of intention to review.
Comments or questions regarding this notice of intention to review may be
submitted in writing, within 30 days following the publication of this notice
in the Texas Register, to Edith Smith, P.O. Box 12966, Austin, Texas 78711-2966.
They may also be sent by facsimile to (512) 719-0721 or by e-mail to comments@tahc.state.tx.us.
Comments will be reviewed and discussed in a future commission meeting.
TRD-9904979
Gene Snelson
General Counsel
Texas Animal Health Commission
Filed: August 9, 1999
The Texas Animal Health Commission (TAHC), beginning July 1999, will review
and consider for readoption, revision, or repeal of Chapter 39 concerning
Scabies, in accordance with the General Appropriations Act, Article IX, Section
167, 75th Legislature. The rules to be reviewed are located in Title 4, Part
II, of the Texas Administrative Code and contains the following sections:
§39.1 Definitions; §39.2 Psoroptic Scabies in Infested Herds; §39.3
Sarcoptic Scabies in Infested Herds; §39.4 Livestock Exposed to Psoroptic
or Sarcoptic Scabies; §39.5 Quarantines and Release; §39.6 Duties
of Owners or Caretakers of Livestock Infested with or Exposed to Scabies;
§39.7 Livestock at Shows, Fairs, and Exhibitions; §39.8 Permitted
Dips for Scabies and Mange Mite Eradication; §39.9 Chorioptic Mange;
and §39.10 Interstate Movement Requirements for Livestock.
The commission will consider, among other things, whether the reasons for
adoption of these rules continue to exist and whether amendments are needed.
Any changes to the rules proposed by the commission after reviewing the rules
and considering the comments received in response to this notice will appear
in the "Rules Proposed" section of the Texas Register and will be adopted
in accordance with the requirements of the Administrative Procedure Act, Texas
Government Code Annotated, Chapter 2001. The comment period will last for
30 days beginning with the publication of this notice of intention to review.
Comments or questions regarding this notice of intention to review may be
submitted in writing within 30 days following the publication of this notice
in the Texas Register, to Edith Smith, P.O. Box 12966, Austin, Texas 78711-2966.
They may also be sent by facsimile to (512) 719-0721 or by e-mail to comments@tahc.state.tx.us.
Comments will be reviewed and discussed in a future commission meeting.
TRD-9904980
Gene Snelson
General Counsel
Texas Animal Health Commission
Filed: August 9, 1999
The Texas Animal Health Commission (TAHC), beginning July 1999, will review
and consider for readoption, revision, or repeal of Chapter 41, concerning
Fever Ticks in accordance with the General Appropriations Act, Article IX,
Section 167, 75th Legislature. The rules to be reviewed are located in Title
4, Part II, of the Texas Administrative Code and contains the following sections:
§41.1 Tick Eradication and §41.2 Quarantine Line and Semi-Defining
and Establishing Tick Eradication Areas.
The commission will consider, among other things, whether the reasons for
adoption of these rules continue to exist and whether amendments are needed.
Any changes to the rules proposed by the commission after reviewing the rules
and considering the comments received in response to this notice will appear
in the "Rules Proposed" section of the Texas Register and will be adopted
in accordance with the requirements of the Administrative Procedure Act, Texas
Government Code Annotated, Chapter 2001. The comment period will last for
30 days beginning with the publication of this notice of intention to review.
Comments or questions regarding this notice of intention to review may be
submitted in writing, within 30 days following the publication of this notice
in the Texas Register, to Edith Smith, P.O. Box 12966, Austin, Texas 78711-2966.
They may also be sent by facsimile to (512) 719-0721 or by e-mail to comments@tahc.state.tx.us.
Comments will be reviewed and discussed in a future commission meeting.
TRD-9904981
Gene Snelson
General Counsel
Texas Animal Health Commission
Filed: August 9, 1999
The Texas Animal Health Commission (TAHC), beginning July 1999, will review
and consider for readoption, revision, or repeal of Chapter 57, concerning
Poultry, in accordance with the General Appropriations Act, Article IX, Section
167, 75th Legislature. The rules to be reviewed are located in Title 4, Part
II, of the Texas Administrative Code and contains the following sections:
§57.10 Definitions and §57.11 General Requirements.
The commission will consider, among other things, whether the reasons for
adoption of these rules continue to exist and whether amendments are needed.
Any changes to the rules proposed by the commission after reviewing the rules
and considering the comments received in response to this notice will appear
in the "Rules Proposed" section of the Texas Register and will be adopted
in accordance with the requirements of the Administrative Procedure Act, Texas
Government Code Annotated, Chapter 2001. The comment period will last for
30 days beginning with the publication of this notice of intention to review.
Comments or questions regarding this notice of intention to review may be
submitted in writing, within 30 days following the publication of this notice
in the Texas Register, to Edith Smith, P.O. Box 12966, Austin, Texas 78711-2966.
They may also be sent by facsimile to (512) 719-0721 or by e-mail to comments@tahc.state.tx.us.
Comments will be reviewed and discussed in a future commission meeting.
TRD-9904982
Gene Snelson
General Counsel
Texas Animal Health Commission
Filed: August 9, 1999
Title 40, Part II
The Texas Commission for the Deaf and Hard of Hearing proposes to review
Chapter 183 concerning the evaluation of interpreters and interpreter certifications,
pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.
As part of this review process, the commission is proposing amendments
to §§183.1, 183.5, 183.9, 183.11, 183.17, 183.19, 183.23, 183.29,
183.33, 183.101, 183.113, 183.117, 183.141, 183.143, 183.149, 183.157, 183.159,
183.161, 183.163, 183.165, 183.305, 183.505, 183.507, 183.511, 183.571, 183.573,
183.575, 183.579, 183.601, and 183.603, is proposing repeal of and proposes
new §§183.123 to 183.129, and 183.137 to 183.126, proposes repeal
of §§183.145 and 183.303 and proposes new §183.18.
During this review the commission will determine if the reasons for adopting
this chapter continue to exist. The chapter will be reviewed to determine
whether the rules reflect current legal and policy considerations or if they
are obsolete.
Please submit written comments to Angela Bryant, Texas Commission for the
Deaf and Hard of Hearing, P.O. Box 12904, Austin, Texas 78711. Comments must
be received no later than 30 days from the date this notice is published in
the
Texas Register
.
TRD-9904864
David W. Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Filed: August 6, 1999
Title 1, Part V
The General Services Commission (the "Commission") proposes to review Title
1, Texas Administrative Code, Part V, Chapter 115, concerning the Building
and Property Services Division pursuant to the General Appropriations, Article
IX, Section 167, 75th Legislature.
As part of the review process, the General Services Commission proposes
the repeal of Title 1, T.A.C., Part V. Chapter 115, Subchapter A - State Owned
Property §§115.1, 115.2, 115.3, 115.4, 115.5, 115.6 and 115.8; Subchapter
B - State Leased Property §§115.31, 115.32, 115.33, 115.34, 115.35,
115.36, 115.37, 115.38, 115.39, and 115.40; and Subchapter C - Space Allocation,
§115.50. New rules are also being proposed concurrently under Title 1,
T.A.C. Part V. Chapter 115 - State Leased Property, Chapter 116 - Building
and Property Services Division; and Chapter 122 - Facilities Planning. The
proposed new rules may be found in the proposed rule section of this publication
of the
Texas Register
.
The repeal of Title 1, T.A.C., Part V., Chapter 115, and new rules under
Title 1, T.A.C., Part V., Chapters 115, 116 and 122 are proposed in order
to delete obsolete and cumbersome language, and to reorganize and create more
efficient rules relating to the Texas Government Code, Chapters 2165 and 2167.
Comments on the review may be submitted in writing within 30 days following
publication of this notice in the
Texas Register
to Judy Ponder, General Counsel, General Services Commission, P.O.
Box 13047, Austin, Texas 78711-3047.
TRD-9904831
Judy Ponder
General Counsel
General Services Commission
Filed: August 5, 1999
The General Services Commission (the "Commission") proposes to review Title
1, Texas Administrative Code, Part V, Chapter 125, Subchapter A, Sections
125.1, 125.3, 125.5, 125.7, 125.9, 125.11, 125.13, 125.15, 125.17, 125.19,
125.21, 125.23, 125.25, 125.27 and 125.29 concerning Travel Management Services.
As part of the review process, the General Services Commission proposes
amendments to Title 1, T.A.C., §§125.1, 125.3 and 125.29 that may
be found in the proposed rule section of this publication of the Texas Register.
The assessment by the Commission at this time indicates that the reason
for adopting or readopting these rules continues to exist.
Comments on the review may be submitted in writing within 30 days following
the publication of this notice in the Texas Register to Judy Ponder, General
Counsel, General Services Commission, P.O. Box 13047, Austin, TX 78711-3047.
TRD-9904886
Judy Ponder
General Counsel
General Services Commission
Filed: August 6, 1999
Title 25, Part I
The Advisory Board of Athletic Trainers (board) will review and consider
for readoption, revision, or repeal Title 25, Texas Administrative Code, Part
I, Chapter 313, Athletic Trainers, Subchapter A, General Guidelines and Requirements,
§§313.1 - 313.20. The review and consideration is being conducted
in accordance with the General Appropriations Act, Article IX, Rider 167,
passed by the 75th Legislature.
An assessment will be made by the board as to whether the reasons for adopting
or readopting the rules continue to exist. This assessment will be conducted
during the rule review process. Each rule will be reviewed to determine whether
it is obsolete, whether the rule reflects current legal and policy considerations,
and whether the rule reflects current procedures of the board. The review
of all rules must be completed by August 31, 2001.
Comments on the review may be submitted in writing within 30 days following
the publication of this notice in the
Texas Register
to Stephen Mills, Program Administrator, Advisory Board of Athletic
Trainers, 1100 West 49th Street, Austin, Texas 78756-3183. Any proposed changes
to the rules as a result of the review will be published in the Proposed Rule
Section of the
Texas Register
and will be
open for an additional 30 day public comment period prior to final adoption
or repeal by the board.
TRD-9905014
Michael D. Saly
Chairman
Texas Department of Health
Filed: August 11, 1999
Title 22, Part XI
The Board of Nurse Examiners proposes to review Chapter 211, Bylaws in
accordance with the Appropriations Act, Section 167. In conjunction with this
review, the agency proposes to repeal the existing §§211.1-211.11
and proposes new §§211.1-211.10. The proposed repeal and new rules
may be found in the Proposed Rules Section of the Texas Register.
Comments on the proposals may be submitted to Katherine Thomas, MN, RN,
Executive Director, Board of Nurse Examiners, 333 Guadalupe, Suite 3-460;
Austin, Texas 78701.
TRD-9904944
Kathy Thomas, MN, RN
Executive Director
Board of Nurse Examiners
Filed: August 9, 1999
The Board of Nurse Examiners proposes to review and readopt Chapter 223,
Fees in accordance with the Appropriations Act, Section 167.
The agency's reason for readopting the rules contained in this chapter
continues to exist.
Comments on the proposed readoption may be submitted to Katherine Thomas,
MN, RN, Executive Director, Board of Nurse Examiners, Post Office Box 430;
Austin, Texas 78767-0430.
TRD-9904943
Kathy Thomas, MN, RN
Executive Director
Board of Nurse Examiners
Filed: August 9, 1999
Title 22, Part XXIV
The Texas State Board of Veterinary Medical Examiners is proposing to review
and consider for readoption Title 22 of the Texas Administrative Code, Chapter
573, Rules of Professional Conduct, pursuant to H.B. 1, Article IX, §
167, 75th Leg., R.S. (1997), and the review plan previously filed by the agency.
Separately, the agency is proposing amendments to Rules 22 T.A.C. § 573.64
and §573.52, which will be published in the Proposed Rules section of
the Texas Register. The review of Rule 22 T.A.C. § 573.20 will consider
the amended rule adopted by the agency on June 10, 1999, and published in
the Texas Register.
The agency's review of Chapter 573 will cover the following rules:
General Professional Ethics
573.01 Avoidance of Conflicting Interest
573.02 Avoidance of Encroachment on Another's Practice
573.03 Exposure of Corrupt or Dishonest Conduct
573.04 Adherence to the Law
573.05 Avoidance of Corruption of Others
573.06 Restriction of Partnerships to Members of Profession
573.07 No Abuse of Position of Trust
573.08 Loss of Accreditation
573.09 Nonresident Consultants
573.10 Supervision of Non-Licensed Employees
573.11 Discouragement of Unauthorized Practice
573.12 Alternate Therapies - Chiropractic and Other Forms of Musculoskeletal
Manipulation
573.13 Use of Ultrasound in Diagnosis or Therapy
573.14 Alternate Therapies - Acupuncture
573.15 Alternate Therapies - Holistic Medicine
573.16 Alternate Therapies - Homeopathy Responsibilities to Clients
573.20 Responsibility for Acceptance of Medical Care
573.21 Direct Responsibility to Client
573.22 Professional Standard of Humane Treatment
573.23 Board Certified Specialists and Duty of Licensee to Refer a Case
573.24 Issuance of Certificates Through Direct Knowledge Only
573.25 Avoidance of Guaranteeing Cures
573.26 Honesty, Integrity, and Fair Dealing
573.27 Observance of Confidentiality
573.28 Maintenance of Sanitary Premises
573.29 Complaint Information
Advertising, Endorsements & Certificates
573.30 Advertising
573.31 Ban on Testimonials & Endorsements
573.32 Specialty Listings
573.33 Display of Degree, Certificate or Title from Approved Institutions
Only
573.34 Authorized Degrees, Certificates or Titles Only
573.35 Display of License
573.36 Corporate and Assumed Names
573.37 Ban on Use of Solicitors
Prescribing and/or Dispensing Medications
573.40 Labeling of Medications Dispensed
573.41 Use of Prescription Drugs
573.42 Use of Scheduled Drugs in Training and/or Racing
573.43 Misuse of DEA Narcotics Registration
573.44 Compounding Drugs
Records Keeping
573.50 Controlled Substances Records Keeping for Drugs on Hand
573.51 Rabies Control
573.52 Patient Record Keeping
Other Provisions
573.60 Practice Prohibition Against Treatment of Humans
573.61 Minimum Security for Controlled Substances
573.62 Violation of Board Orders/Negotiated Settlements
573.63 Inspection of Veterinary Facilities & Records
573.64 Continuing Education Requirements
573.65 Definitions
573.66 Monitoring Licensees' Compliance with Article 8890
573.67 Temporary Licensee Suspension
573.68 Conditions Relative to License Suspension
573.69 Reporting of Criminal Activity
573.70 Operation of Temporary Limited-Service Veterinary Services
573.71 Employment by Nonprofit or Municipal Corporations
573.72 Animal Reproduction
The agency's review will determine whether reasons for re-adopting these
rules continues to exist.
Written comments on the proposed readoption may be submitted in writing
to Mr. Chris Kloeris, Texas Board of Veterinary Medical Examiners, 333 Guadalupe,
Suite 2-330, Austin, Texas 78701-3998, phone: (512) 305-7555. Comments will
be accepted for 30 days after publication of this notice in the Texas Register.
TRD-9905006
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Filed: August 10, 1999
Texas Commission on Jail Standards
Title 37, Part IX
The Texas Commission on Jail Standards adopts without changes as proposed
in the June 18, 1999, issue of the
Texas Register
(24 TexReg 4589), the review of the following section from Chapter
253, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section
167.
Minor comments were received and will be considered during subsequent changes
of standards. The staff has determined that no changes are necessary at this
time.
253.1. Definitions.
This concludes the review of Chapter 253.
TRD-9904930
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Filed: August 9, 1999
The Texas Commission on Jail Standards adopts without changes as proposed
in the June 18, 1999, issue of the
Texas Register
(24 TexReg 4589), the review of the following sections from Chapter
297, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section
167.
Minor comments were received and will be considered during subsequent changes
of standards. The staff has determined that no changes are necessary at this
time.
297.1. Regular Local Inspections.
297.2. Regular Commission Inspections.
297.3. Inspection Reports.
297.4. Certification.
297.5. Notice of Noncompliance/Administrative Order.
297.6. Response by Officials.
297.7. Commission Review of Compliance.
297.8. Remedial Order by Commission.
297.9. Other Commission Remedies.
297.10. Review of Commission Action.
297.11. Request for Administrative Hearing.
297.12. County Contract with Private Entity for Jail Facilities.
297.13. Municipal Contract with Private Entity for Jail Facilities.
297.14. Contract with Other States for Housing Non-Texas Inmates.
This concludes the review of Chapter 297.
TRD-9904931
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Filed: August 9, 1999
The Texas Commission on Jail Standards adopts without changes as proposed
in the June 18, 1999, issue of the
Texas Register
(24 TexReg 4590), the review of the following sections from Chapter
299, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section
167.
Minor comments were received and will be considered during subsequent changes
of standards. The staff has determined that no changes are necessary at this
time.
299.1. Policy.
299.2. Filing.
299.3. Contents.
299.4. Burden.
299.5. Determination/Notice.
299.6. Request for Hearing.
This concludes the review of Chapter 299.
TRD-9904932
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Filed: August 9, 1999
The Texas Commission on Jail Standards adopts without changes as proposed
in the June 18, 1999, issue of the
Texas Register
(24 TexReg 4590), the review of the following sections from Chapter
300, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section
167.
Minor comments were received and will be considered during subsequent changes
of standards. The staff has determined that no changes are necessary at this
time.
300.1. General.
300.2. Designated Services.
300.3. Applicable Facilities.
300.4. Setting Fees.
300.5. Collection of Fees.
This concludes the review of Chapter 300.
TRD-9904933
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Filed: August 9, 1999
The Texas Commission on Jail Standards adopts without changes as proposed
in the June 18, 1999, issue of the
Texas Register
(24 TexReg 4590), the review of the following sections from Chapter
301, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section
167.
Minor comments were received and will be considered during subsequent changes
of standards. The staff has determined that no changes are necessary at this
time.
301.1. Procedures.
301.2. Decision.
This concludes the review of Chapter 301.
TRD-9904934
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Filed: August 9, 1999
Title 37, Part VII
The Texas Commission on Law Enforcement Officer Standards and Education
(Commission) has reviewed and proposes readoption of Title 37, Texas Administrative
Code, Part VII, Chapter 211, §§211.16, 211.18, 211.20, 211.25, 211.30
and 211.31.
The review and considerations are being conducted in accordance with the
General Appropriations Act, Article IX, Rider 167, passed by the 75th Legislature.
Each rule; §§211.16, 211.18, 211.20, 211.25, 211.30 and 211.31
was reviewed and the Commission has no immediate plans to change.
Comments on the review may be submitted in writing within 30 days following
the publication of this notice in the
Texas Register
to Dr. D.C. Jim Dozier, Executive Director, Texas Commission on Law
Enforcement Officer Standards and Education, 6330 U.S. Highway 290 East, Suite
200, Austin, Texas 78723. Any proposed changes to these rules as a result
of the review will be published in the Proposed Rule Section of the
TRD-9904974
Edward T. Laine
Chief, Professional Standards and Administration Operations
Texas Commission on Law Enforcement Officer Standards and Education
Filed: August 9, 1999
Title 30, Part I
The Texas Natural Resource Conservation Commission (commission) adopts
the review of and readopts 30 Texas Administrative Code (TAC) Chapter 308,
Criteria and Standards for the National Pollutant Discharge Elimination System
(NPDES). This review was conducted in accordance with the General Appropriations
Act, Article IX, §167, 75th Legislature, 1997. The proposed review was
published in the May 14, 1999 issue of the
Texas
Register
(24 TexReg 3757).
The commission readopts the rules contained in 30 TAC Chapter 308, concerning
NPDES, as required by the General Appropriations Act, Article IX, §167,
75th Legislature, 1997. Section 167 requires state agencies to review and
consider for readoption rules adopted under the Administrative Procedure Act.
The review must include, at a minimum, an assessment that the reason for the
rules continue to exist.
The comment period on the review closed June 14, 1999. There were no comments
received regarding the review of this chapter.
The commission has assessed Chapter 308 and determined that the reason
for the chapter continues to exist. The purpose of Chapter 308 is to provide
criteria and standards for NPDES through provisions adopted by reference that
were promulgated by the United States Environmental Protection Agency pursuant
to its authority under the Clean Water Act (CWA). The subchapters found in
Chapter 308 are necessary for the commission to perform its responsibilities
related to the federally delegated NPDES program.
Subchapter A adopts by reference 40 Code of Federal Regulations (CFR),
Part 125, Subpart A, providing criteria and standards for imposing technology
based treatment requirements under the CWA, §301(b), relating to timetable
for achievement of objectives (effluent limitations), and §402, relating
to NPDES. Subpart A describes the purpose and scope of the criteria and standards
of the treatment requirement and sets out technology based treatment requirement
in permits.
Subchapter B adopts by reference 40 CFR, Part 125, Subpart B, providing
criteria for issuance of permits to aquaculture projects.
Subchapter C adopts by reference 40 CFR, Part 125, Subpart C, providing
the criteria for extending compliance dates for facilities installing innovative
technology under the CWA, §301(k), relating to innovative technology.
Subpart C describes criteria for requests for and procedures related to compliance
extensions establishes certain permit conditions and requires supplementary
information and recordkeeping for facilities installing innovative technology.
Subchapter D adopts by reference 40 CFR, Part 125, Subpart D, providing
criteria and standards for determining fundamentally different factors under
the CWA, §301(b)(1)(A) and §301(b)(2)(A), relating to timetable
for achievement of objectives (effluent limitations).
Subchapter G adopts by reference 40 CFR, Part 125, Subpart G, providing
criteria for modifying the secondary treatment requirements under the CWA,
§301(h). Subchapter G includes general regulations related to the modification
criteria, requires the existence of and compliance with applicable water quality
standards, requires the establishment of a monitoring program, regulates the
effect of discharge on other point and nonpoint sources, defines a required
toxics control program, and regulates increases in effluent volume or the
amount of pollutants discharged.
Subchapter H adopts by reference 40 CFR, Part 125, Subpart H, providing
criteria for determining alternative effluent limitations under the CWA, §316(a),
relating to effluent limitations (thermal discharges) that will assure protection
and propagation of a balanced, indigenous population of shellfish, fish, and
wildlife.
Subchapter J adopts by reference 40 CFR, Part 125, Subpart J, providing
criteria for extending compliance dates under the CWA, §301(i), relating
to municipal time extensions. Subpart J provides criteria for permit modification
and issuance.
Subchapter K adopts by reference 40 CFR, Part 125, Subpart K, providing
criteria and standards for best management practices (BMP) authorized under
the CWA, §304(e), relating to best management practices for industry.
Subpart K discusses applicability of BMPs, discusses permit terms and conditions,
and otherwise regulates BMP programs.
Subchapter M adopts by reference 40 CFR, Part 125, Subpart M, providing
ocean discharge criteria. Subpart M requires and regulates a determination
of unreasonable degradation of the marine environment, discusses permit requirements,
and requires certain information to be required by the program.
Chapter 308 was adopted in 1990 under the Texas Water Code (TWC), §5.102
and §5.105, which provides the commission with the authority to adopt
any rules necessary to carry out its powers and duties under the provisions
of the TWC and other laws of the State of Texas and to establish and approve
all general policy of the state.
TRD-9904940
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: August 9, 1999
The Texas Natural Resource Conservation Commission (commission) adopts
the review of and readopts 30 Texas Administrative Code (TAC) Chapter 309,
Domestic Wastewater Effluent Limitations and Plant Siting. This review is
in accordance with the General Appropriations Act, Article IX, §167,
75th Legislature, 1997. The proposed review was published in the May 14, 1999
issue of the
Texas Register
(24 TexReg 3758).
The commission readopts the rules contained in 30 TAC Chapter 309, concerning
Domestic Wastewater Effluent Limitations and Plant Siting, as required by
the General Appropriations Act, Article IX, §167, 75th Legislature, 1997.
Section 167 requires state agencies to review and consider for readoption
rules adopted under the Administrative Procedure Act. The reviews must include,
at a minimum, an assessment that the reason for the rules continue to exist.
The comment period on the review closed on June 14, 1999. There were no
comments received regarding the review of this chapter.
The commission has assessed Chapter 309 and determined that the reason
for the rule continues to exist. The purpose of Chapter 309 is to establish
parameters for domestic wastewater effluent treatment, for siting of sewage
treatment facilities to avoid nuisance conditions and protect public health,
and for land disposal of sewage effluent. Chapter 309 establishes the minimum
treatment requirements for domestic wastewater prior to discharges into or
adjacent to waters in the state. The requirements found in Chapter 309 provide
the waste discharge requirements that are needed to complete compliance with
Chapter 317 of this title (relating to Design Criteria for Sewerage Systems).
Subchapter A establishes a set of minimum effluent quality limitations
for treated domestic sewage which is required of permittees in order to maintain
water quality as prescribed by the commission's surface water quality standards.
Subchapter B addresses the issues of appropriate siting of domestic wastewater
treatment facilities. This subchapter includes requirements for buffer zones,
odor abatement, geologic considerations such as floodplains, soil conditions,
and location of public and private wells.
Subchapter C relates to the requirements for land disposal by irrigation
of wastewater effluent. The subchapter also includes design requirements for
irrigation and percolation systems.
Chapter 309 was adopted under Texas Water Code, §26.034 which allows
the commission, on a case-by-case basis, to review and approve plans and specifications
for wastewater treatment facilities. The effluent requirements found in Chapter
309 provide the parameters for discharge from these facilities.
TRD-9904939
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: August 9, 1999
Title 22, Part XXIII
The Texas Real Estate Commission adopts the review of Chapter 535 (§§535.1-4,
§§535.11-535.21, §§535.31-535.35, §535.41, §535.42
and §§535.51-535.53), Provisions of The Real Estate License Act,
in accordance with the Appropriations Act of 1997, HB 1, Article IX, Section
167. In conjunction with this review, the agency has amended 22 TAC §§535.1-535.3,
§535.12, §535.13, §§535.15-535.17, §535.20, §535.21,
§§535.31-535.35, §535.41, §535.42, and §§535.51-535.53
and repealed §535.4, §535.11, §535.14 and §535.18. The
agency has determined that with these changes, the reasons for adopting the
chapter continue to exist.
TRD-9904838
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Filed: August 5, 1999
Texas Commission for the Deaf and Hard of Hearing
General Services Commission
Texas Department of Health
Board of Nurse Examiners
Texas State Board of Veterinary Medical Examiners
Adopted Rule Reviews
Texas Commission on Law Enforcement Officer Standards and Education
Texas Natural Resource Conservation Commission
Texas Real Estate Commission