Part II. Public Utility Commission of
Texas
Chapter 22.
Subchapter L. Evidence and Exhibits in Contested
Cases
The Public Utility Commission of Texas (commission) adopts
amendments to §22.222 relating to Official Notice with changes
to the proposed text as published in the October 23, 1998 Texas
Register (23 TexReg 10789); and adopts §22.225 relating to
Written Testimony and Accompanying Exhibits with no changes
to the proposed text as published in the October 23, 1998 Texas
Register (23 TexReg 10789). The amendments are necessary
to reflect current commission practice, and update citations to
the Public Utility Regulatory Act as codified in the Texas Utilities
Code. These amendments are adopted under Project Number
17709.
The commission received comments on the proposed amend-ments
from Central Power and Light Company, Southwestern
Electric Power Company and West Texas Utilities Company, collectively
the Texas Central and South West electric utility operating
companies (CSW Companies).
Comments on proposed changes to §22.222(a).
The commission proposed adding the sentence "(t)he specialized
skills or knowledge of the commission and its staff may be
used in evaluating the evidence" to §22.222(a) to conform the
section to Texas Government Code §2001.090. CSW Companies
states that it believes the proposed language is inappropriately
placed within the "Official Notice" portion of the commission’s
Procedural Rules, Subchapter L, relating to Evidence and
Exhibits in Contested Cases. CSW Companies concluded that
Texas Government Code §2001.090 discusses two concepts:
(1) official notice in subsections (a)-(c), and (2) state agency
utilization of expertise in evaluating evidence in subsection (d).
CSW Companies states that the two concepts are not necessarily
linked and that the permission to utilize specialized skills or
knowledge of the agency applies to all types of evidence (documentary,
testimonial and officially noticed) before the agency.
CSW Companies believes that the commission has overemphasized
the use of specialized skills or knowledge to evaluate
evidence in the context of Official Notice and suggest that the
sentence be added as a new subsection (f) to §22.221 relating
to Rules of Evidence and Contested Cases.
The commission agrees that §2001.090(d), while applying to
evidence officially noticed, is not limited to evidence officially
noticed and encompasses all types of evidence. However,
under Texas Register rules, the commission can not move the
sentence to §22.221 without proposing a separate amendment.
Upon further consideration, the commission has determined
that since it has the authority to apply its specialized skills
or knowledge under the statute, it is unnecessary to add the
sentence to the Procedural Rules and has deleted the sentence
from §22.222(a).
The Appropriations Act of 1997, HB 1, Article IX, §167 requires
that each state agency review and consider for readoption
each rule adopted by that agency pursuant to the Government
Code, Chapter 2001 (Administrative Procedure Act). Such
reviews shall include, at a minimum, an assessment by the
agency as to whether the reason for adopting or readopting
the rule continues to exist. The commission requested specific
comments on the §167 requirement as to whether the reason for
adopting or readopting these sections continues to exist. The
commission received no comments on the §167 requirement.
The commission finds that the reason for adopting these
sections continues to exist.
These amendments are adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052
(Vernon 1998) (PURA) which provides the commission with the
authority to make and enforce rules reasonably required in the
exercise of its powers and jurisdiction, including rules of practice
and procedure.
Cross Index to Statutes: Public Utility Regulatory Act §14.002
and §14.052.
§22.222. Official Notice.
(a) Facts noticeable. Official notice may be taken of
judicially cognizable facts not subject to reasonable dispute in that
they are generally known within the jurisdiction of the commission
or capable of accurate and ready determination by resort to sources
whose accuracy cannot reasonably be questioned. In addition, official
notice may be taken of generally recognized facts within the area of
the commission’s specialized knowledge.
(b) (No change.)
(c) Notification of materials proposed to be noticed. The
presiding officer may take official notice of facts, material, records
or documents authorized by APA, §2001.090. The parties shall be
notified of the facts, material, records or documents proposed to be
officially noticed and shall be given the opportunity to contest the
proposed action.
(d) (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.
Filed with the Office of the Secretary of State on January 22,
1999.
TRD-9900469
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: February 11, 1999
Proposal publication date: October 23, 1998
For further information, please call: (512) 936–7308
The Public Utility Commission of Texas (commission) adopts
the repeal of §23.17 relating to Administration of IntraLATA
Compensation and Interexchange Carrier Access Charge Revenues,
and §23.53 relating to Universal Service Fund, with no
changes as published in the Texas Register on November 20,
1998 (23 TexReg 11757). On December 17, 1997, the commission
adopted new §§23.131 (relating to Texas Universal Service
Fund (TUSF)), 23.133 (relating to Texas High Cost Universal
Service Plan (THCUSP)), 23.134 (relating to Small and Rural
Incumbent Local Exchange Carrier (ILEC) Universal Service
Plan), 23.136 (relating to Implementation of the Public Utility
Regulatory Act §56.025), 23.138 (relating to Additional Financial
Assistance), 23.142 (relating to Service and Link Up Service
Programs), 23.143 (relating to Tel-Assistance Service), 23.144
(relating to Telecommunications Relay Service), 23.145 (relating
to Specialized Equipment Distribution), 23.147 (relating to
Designation of Local Exchange Carriers as Eligible Telecommunications
Providers to Receive Texas Universal Service Funds),
23.148 (relating to Designation of Common Carriers as Eligible
Telecommunications Carriers to Receive Federal Universal
Service Funds), and 23.150 (relating to Administration of Texas
Universal Service Fund). Upon implementation of these new
rules, §23.17 and §23.53 became duplicative and no longer
necessary. The repeals of §23.17 and §23.53 are adopted under
Project Number 20021.
No parties filed comments in response to the proposed repeals.
Subchapter B. Records and Reports
The repeal is adopted under the Public Utility Regulatory Act,
Texas Utilities Code Annotated §14.002 (Vernon 1998) (PURA),
which provides the commission with the authority to make and
enforce rules reasonably required in the exercise of its powers
and jurisdiction.
Cross Index to Statutes: Public Utility Regulatory Act §14.002.
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.
Filed with the Office of the Secretary of State on January 19,
1999.
TRD-9900343
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: February 8, 1999
Proposal publication date: November 20, 1998
For further information, please call: (512) 936–7308
Chapter 23. Substantive Rules
Subchapter E. Customer Service and Protection
Cross Index to Statutes: Public Utility Regulatory Act §14.002.
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.
Filed with the Office of the Secretary of State on January 19, 1999.
TRD-9900344
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: February 8, 1999
Proposal publication date: November 20, 1998
For further information, please call: (512) 936–7308
Chapter 103.
General Rules16 TAC §§103.1, 103.4, 103.5, 103.6, 103.7, 103.8, 103.12, 103.13
The Motor Vehicle Board of the Texas Department of Transportation adopts amendments to §§103.1, 103.4, 103.5, 103.6, 103.7, 103.8, 103.12, and 103.13, General Rules concerning licensing, without changes to the proposed text as published in the October 30, 1998, issue of the Texas Register (23 TexReg 10034). The text will not be republished. Proposed amendments to §103.3, published in the same issue of the Texas Register, have been withdrawn and the rule is being republished due to substantive changes.
The Texas Motor Vehicle Commission was renamed the Texas Motor Vehicle Board in 1992. The amendments change all references from "commission" to "Board" in §§103.4, 103.5, 103.6, 103.8 and 103.12. Amendments to §103.1 correct a typographical error and clarify how the Board licenses employees of corporate representative licensees. The amendment to §103.4 clarifies whether a protest is applicable to the purchase or transfer of an existing dealership. The amendment to §103.5 defines the time restrictions on the filing of protests. The amendment to §103.7 clarifies that the rule is applicable to relocations of line-makes as well as to additions of line-makes. The amendments to §§103.8 and 103.12 correct the statutory reference to renumbered Texas Motor Vehicle Commission Code §5.02(b)(3)(TEX. REV. CIV. STAT, art. 4413(36)). The amendment to §103.13 requires that more than one line-make must be represented to qualify for approval as a motor home show.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Texas Motor Vehicle Commission Code, §3.06, which provides the Board with authority to adopt rules as necessary and convenient to effectuate the provisions of the Code.
Texas Motor Vehicle Commission Code §§ 1.03(31), 4.01(a), 4.02, 4.03, and 5.04(a) are affected by the proposed amendments.
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.
Filed with the Office of the Secretary of State on January 25, 1999.
TRD-9900509
Brett Bray
Division Director
Texas Motor Vehicle Board
Effective date: February 14, 1999
Proposal publication date: October 30, 1998
For further information, please call: (512) 416–4899
Chapter 309.
Operation of RacetracksSubchapter B. Horse Racetracks
Division 4. Operations
16 TAC §309.199
The Texas Racing Commission adopts an amendment to §309.199, concerning the purse account. This amendment is adopted without changes to the proposed text published in the December 11, 1998, issue of the Texas Register (23 TexReg12600). The amendment was presented to the commission as a rulemaking petition by the Texas Horsemen’s Partnership, LLP, the officially recognized horsemen’s organization in this state. According to the petition, the amendment relates to and clarifies the distribution of the purse money accrued at horse racetracks which do not conduct live races for an extended period of time.
No comments were received regarding the adoption of the new rule.
The amendment is adopted under the Texas Civil Statutes, Article 179e, §3.02, which authorize the Commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; §3.22, which authorizes the Commission to adopt rules relating to the horsemen’s account; and §6.06, which authorizes the Commission to adopt rules on all matters relating to the operation of racetracks.
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.
Filed with the Office of the Secretary of State on January 25, 1999.
TRD-9900484
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Effective date: February 15, 1999
Proposal publication date: December 11, 1998
For further information, please call: (512) 833–6699
Subchapter B. Treatment of Horse
16 TAC §319.111
The Texas Racing Commission adopts an amendment to §319.111, concerning the bleeder and furosemide (Lasix) program. The amendment is adopted without changes to the proposed as text published in the December 11, 1998, issue of the Texas Register (23 TexReg 12600). The amendment modifies the time within which a trainer of a horse must request that the horse be admitted to the furosemide (Lasix) program. The amendment allows the stewards the flexibility to authorize a late filing if in the best interest of the patrons and the horse.
No comments were received regarding the adoption of this amendment.
The amendment is adopted under the Texas Civil Statutes, Article 179e, §3.02, which authorize the Commission to adopt rules for conducting racing with wagering and for administering the Texas Racing Act; §6.06, which authorizes the Commission to adopt rules on all matters relating to the operation of racetracks; and §14.03, which authorizes the Commission to adopt rules to prohibit the illegal influencing of the outcome of a race.
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.
Filed with the Office of the Secretary of State on January 25, 1999.
TRD-9900485
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Effective date: February 15, 1999
Proposal publication date: December 11, 1998
For further information, please call: (512) 833–6699