Part 1.
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Chapter 286.
ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL
The Texas On-Site Wastewater Treatment Research Council (council)
proposes the repeal of 30 TAC Chapter 286 (relating to On-Site Wastewater
Research Council); Subchapter A, §§286.1 - 286.14 (relating to
The Council); Subchapter B, §§286.31 - 286.34, 286.51 - 286.53,
286.74, and 286.91 - 286.98 (relating to Grants); and Subchapter C, §286.131
(relating to Grants and Donations to the Council).
EXPLANATION OF PROPOSED RULE
All subchapters of 30 TAC Chapter 286 are being proposed for repeal by
the council. New rules related to the council's activities have been adopted
under 31 TAC Chapter 286, relating to the Texas On- Site Wastewater Treatment
Research Council. These newly adopted rules provide for clearer administration
of the council's programs as a separate state agency from the Texas Natural
Resource Conservation Commission (commission). The existence of 30 TAC Chapter
286 is confusing because it is imbedded within Title 30, Part I, which is
reserved for rules of the commission. As per the Texas Health and Safety Code
(THSC), Chapter 367, relating to the On-Site Wastewater Treatment Research
Council, the council is a separate state agency for which the commission provides
staff and other administrative support. The repeal of 30 TAC Chapter 286 will
complete the process of transferring the council's rules from Title 30 to
Title 31.
FISCAL NOTE
Warren Samuelson, Executive Secretary for the Council, has determined that
there will be no fiscal implications for state or local governments as a result
of a repeal of these rules. Repeal of the rules will not result in an increase
in workload for the council staff.
PUBLIC BENEFIT
Mr. Samuelson has also determined that the public benefit anticipated from
repeal of these rules will be removal of ambiguity between old rules and the
new rules promulgated under 31 TAC Chapter 286.
SMALL AND MICRO-BUSINESS IMPACT ANALYSIS
The proposed repeal of the rules is not anticipated to impose costs on
individuals, small businesses, or micro-businesses.
DRAFT REGULATORY IMPACT ANALYSIS
The council has reviewed the proposed repeal of the rules in light of the
regulatory analysis requirements of Texas Government Code, §2001.0225,
and has determined that repeal of the rules is not subject to §2001.0225
because it does not meet the definition of a "major environmental rule" as
defined in that statute.
TAKINGS IMPACT ASSESSMENT
The council has prepared a takings assessment for repeal of these rules
pursuant to Texas Government Code, §2007.043. The purpose of this repeal
of these rules is due to eliminate redundancy of two sets of rules. Therefore,
the repeal of these rules will not constitute a takings under Texas Government
Code, Chapter 2007.
COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEW
The council has determined that the proposed repeal of these rules does
not relate to an action subject to the Texas Coastal Management Program in
accordance with the Coastal Coordination Act of 1991, as amended (Texas Natural
Resources Code, §§33.201 et seq.).
SUBMITTAL OF COMMENTS
Written comments may be submitted to the Executive Secretary of the Council,
Warren Samuelson, P. E., Texas Natural Resource Conservation Commission, Installer
Certification Section, MC - 178, P. O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239-6390. All comments should reference Chapter 286, On-Site
Wastewater Treatment Research Council. Comments must be received by 5:00 p.m.,
August 21, 2000. For further information, please contact Warren Samuelson
at (512) 239-4799.
Subchapter A. COUNCIL PROCEDURES
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Natural Resource Conservation Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
30 TAC §§286.1 - 286.14
STATUTORY AUTHORITY
The repeal of the rules is proposed under the authority and effect the
provisions of THSC, §367.008, which authorizes the council to establish
procedures for awarding competitive grands and disbursing grant money. The
proposed repeal of 30 TAC Chapter 286 has been reviewed by legal counsel from
the Office of the Attorney General and has been found to be within the council's
authority to adopt.
No other codes, statutes, or rules will be affected by this proposal.
§286.1.Purpose and Scope.
§286.2.Definitions.
§286.3.Meetings.
§286.4.Transaction of Official Business.
§286.5.Attendance.
§286.6.Agendas.
§286.7.Minutes.
§286.8.Elections.
§286.9.Officers.
§286.10.Committees.
§286.11.Executive Secretary.
§286.12.Reimbursement for Expenses.
§286.13.Official Records.
§286.14.Impartiality and Non-discrimination.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on July 10, 2000.
TRD-200004742
Warren Samuelson
Executive Secretary, Texas On-Site Wastewater Treatment Research Council
Texas Natural Resource Conservation Commission
Proposed date of adoption: August 21, 2000
For further information, please call: (512) 239-4799
Subchapter B. GRANTS