TITLE 16.ECONOMIC REGULATION

Part 1. RAILROAD COMMISSION OF TEXAS

Chapter 3. OIL AND GAS DIVISION

16 TAC §3.101

The Railroad Commission of Texas (Commission) adopts amendments to §3.101, relating to certification for severance tax exemption or reduction for gas produced from high-cost gas wells, without changes to the version published in the June 8, 2001, issue of the Texas Register (26 TexReg 4015). The adopted amendments will incorporate the Texas Legislature's amendment of Texas Tax Code §201.057 (Acts 1999, 76th Leg., ch. 365, §1), extending the available severance tax exemption or reduction to September 1, 2010. Additionally, the adopted amendments will remove the definition of the first day of production from the rule. The determination of the first day of production for the severance tax exemption or reduction for gas produced from high-cost gas wells is made by the Comptroller of Public Accounts of the State of Texas. The deletion of the unnecessary definition in the Commission's rule will avoid potential conflicting or inconsistent definitions of first day of production and will promote administrative and regulatory efficiency by allowing the Comptroller of Public Accounts to revise its definition of first day of production without engaging in a coordinated rulemaking with the Commission.

The Commission received one comment from the Texas Oil & Gas Association in support of the proposed amendments.

The Commission simultaneously readopts this rule, with the amendments, in accordance with Texas Government Code, §2001.039 ( as added by Acts 1999, 76th Leg., ch. 1499, §1.11(a) ) The agency's reasons for adopting this rule continue to exist. The notice of proposed review of §3.101 was filed with the Texas Register concurrently with this proposal and published in the June 8, 2001, issue of the Texas Register (26 TexReg 4224).

The Commission adopts the amendments to §3.101 under Texas Natural Resources Code, §§81.051 and 81.052, which provide the Commission with jurisdiction over all persons owning or engaged in drilling or operating oil or gas wells in Texas and the authority to adopt all necessary rules for governing persons and their operations under the jurisdiction of the Commission.

Texas Natural Resources Code, §§81.051, 81.052, 85.202, 88.011, 91.101, and Texas Tax Code, §201.057 are affected by the adopted amendments.

Issued in Austin, Texas on July 24, 2001.

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 July 24, 2001.

TRD-200104268

Mary Ross McDonald

Deputy General Counsel, Office of General Counsel

Railroad Commission of Texas

Effective date: August 13, 2001

Proposal publication date: June 8, 2001

For further information, please call: (512) 475-1295


Part 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

Chapter 62. CAREER COUNSELING SERVICES

16 TAC §62.80

The Texas Department of Licensing and Regulation (the Department) adopts an amendment to 16 Texas Administrative Code, §62.80 concerning the fees for the Career Counseling Services program. Section 62.80 is adopted without changes to the proposed text as published in the June 1, 2001 issue of the Texas Register (26 TexReg 3890) and will not be republished.

The amendment increases the fees for an original certificate of authority and a renewal certificate of authority from $750 to $1,000 each.

No comments were received regarding adoption of the amendment.

The Department is required by the Texas Occupations Code, Chapter 51, §51.202 to set fees in amounts reasonable and necessary to cover the costs of administering programs, which include the Career Counseling Services program. The fees currently in place are below the amounts needed to cover program costs in current and future periods.

The amendment should enhance the future administration and enforcement of the Career Counseling Services program.

The amendment is adopted under the Texas Occupations Code, Chapter 51, §51.202. The Department interprets §51.202 as authorizing the Texas Commission of Licensing and Regulation to set fees in amounts reasonable and necessary to cover the costs of administering the programs and activities under its jurisdiction, including the Career Counseling Services program.

The statutory provision affected by the adopted amendment is Texas Occupations Code, Chapter 51, §51.202. No other statutes, articles, or codes are affected by the adoption.

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 July 23, 2001.

TRD-200104255

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: September 1, 2001

Proposal publication date: June 1, 2001

For further information, please call: (512) 463-7348


Chapter 65. BOILER DIVISION

16 TAC §65.80

The Texas Department of Licensing and Regulation (the Department) adopts amendments to 16 Texas Administrative Code, §65.80 concerning inspection fees for the Boiler Division program. Section 75.80 is adopted without changes to the proposed text as published in the June 1, 2001 issue of the Texas Register (26 TexReg 3891) and will not be republished.

The amendments increase the Certificate of Operation fee from $45 to $50; the inspection fee for all boilers other than heating boilers from $115 to $120; the inspection fee for heating boilers without a manhole from $85 to $90; and the inspection fee for heating boilers with a manhole from $115 to $120.

No comments were received regarding adoption of the amendments.

The Department is required by Texas Occupations Code, Chapter 51, §51.202 and Texas Health and Safety Code, Chapter 755, §755.030, to set fees in amounts reasonable and necessary to cover the costs of administering programs, which include the Boiler Division program. The fees currently in place are below the amounts needed to cover program costs in current and future periods.

The amendments should enhance the future administration and enforcement of the Boiler Division program.

The amendments are adopted under the Texas Occupations Code, Chapter 51, §51.202 and Texas Health and Safety Code, Chapter 755, §755.030. The Department interprets §51.202 as authorizing the Texas Commission of Licensing and Regulation (the Commission) to set fees in amounts reasonable and necessary to cover the costs of administering the programs and activities under its jurisdiction. The Department interprets §755.030 as authorizing the Commission to set fees for performing its inspections and other functions under Chapter 755 with respect to the Boiler Division program.

The statutory provisions affected by the adopted amendments are Texas Occupations Code, Chapter 51, §51.202 and Texas Health and Safety Code, Chapter 755, §755.030. No other statutes, articles, or codes are affected by the adoption.

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 July 23, 2001.

TRD-200104256

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: September 1, 2001

Proposal publication date: June 1, 2001

For further information, please call: (512) 463-7348


Chapter 68. ARCHITECTURAL BARRIERS

16 TAC §68.80

The Texas Department of Licensing and Regulation (the Department) adopts amendments to §68.80 regarding the fees for the Architectural Barriers program. Section 68.80 is adopted without changes to the proposed text as published in the June 1, 2001 issue of the Texas Register (26 TexReg 3891) and will not be republished.

The amendments increase the filing fee for inspections from $75 to $100; increase the application fee for variances from $150 to $175; and requires that filing fees for plan reviews and inspections be paid by persons requesting the Department to perform these reviews and inspections. The Department also adopts amendments to change the name of the "Late Review Fee" to "Late Submittal Fee"; to provide that the late submittal fee apply in lieu of the review fee when construction documents are submitted after completion of a construction project; to require that the project filing fee accompany the registration form and be submitted with the construction documents; and to require that the inspection filing fee be paid within 30 days of completion of construction.

No comments were received regarding adoption of these amendments.

The Department is required by Texas Occupations Code, Chapter 51, §51.202 and Texas Revised Civil Statutes Annotated, Article 9102, §6, to set fees in amounts reasonable and necessary to cover the costs of administering programs, which include the Architectural Barriers program. The fees currently in place are below the amounts needed to cover program costs in current and future periods.

The amendments should help the enforcement program to increase the level of accessibility in new and renovated buildings and facilities in the state.

The amendments are adopted under the Texas Occupations Code, Chapter 51, §51.202 and Texas Revised Civil Statutes Annotated, Article 9102, §6. The Department interprets §51.202 as authorizing the Texas Commission of Licensing and Regulation (the Commission) to set fees in amounts reasonable and necessary to cover the costs of administering the programs and activities under its jurisdiction. The Department interprets §6 as authorizing the Commission to set fees for performing its functions under Article 9102 with respect to the Architectural Barriers program.

The statutory provisions affected by the adopted amendments are Texas Occupations Code, Chapter 51, §51.202 and Texas Revised Civil Statutes Annotated, Article 9102, §6. No other statutes, articles, or codes are affected by the adoption.

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 July 23, 2001.

TRD-200104257

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: September 1, 2001

Proposal publication date: June 1, 2001

For further information, please call: (512) 463-7348


Chapter 75. AIR CONDITIONING AND REFRIGERATION CONTRACTOR LICENSE LAW

16 TAC §75.22, §75.80

The Texas Department of Licensing and Regulation (the Department) adopts amendments to 16 Texas Administrative Code §§75.22 and 75.80 concerning license periods and fees for the Air Conditioning and Refrigeration (ACR) program. Sections 75.22 and 75.80 are adopted without changes to the proposed text as published in the June 1, 2001 issue of the Texas Register (26 TexReg 3892) and will not be republished.

The amendments change the license periods for all Class A and B licenses from three years to one year and reduces the fees for all Class A and B licenses from $350 to $125 each.

The Department is required by Texas Occupations Code, Chapter 51, §51.202 and Texas Revised Civil Statutes Annotated, Article 8861, §§3 and 4, to set fees in amounts reasonable and necessary to cover the costs of administering programs, which include the Air Conditioning and Refrigeration Contractor (ACR) program. The fees currently in place are below the amounts needed to cover program costs in current and future periods. While this change in fees will result in a reduction of annual fee revenues for each license issued or renewed during the first three years the amendment is in effect, it also will result in a $25 increase in total fee revenues received over a three-year period for each license issued by the Department. Thus, the net effect of the change in fees is to increase the Department's fee revenues by the amount of $8.33 per ACR license per year. §The amendments should enhance the future administration and enforcement of the ACR program.

No comments were received regarding adoption of these amendments.

The amendments are adopted under the Texas Occupations Code, Chapter 51, §51.202 and Texas Revised Civil Statutes Annotated, Article 8861, §§3 and 4. The Department interprets §51.202 as authorizing the Texas Commission of Licensing and Regulation (the Commission) to set fees in amounts reasonable and necessary to cover the costs of administering the programs and activities under its jurisdiction. The Department interprets §§3 and 4 as authorizing the Commission to set fees for performing its functions under Article 8861 with respect to the ACR program.

The statutory provisions affected by the adopted amendments are Texas Occupations Code, Chapter 51, §51.202 and Texas Revised Civil Statutes Annotated, Article 8861, §§3 and 4. No other statutes, articles, or codes are affected by the adoption.

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 July 23, 2001.

TRD-200104254

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: September 1, 2001

Proposal publication date: June 1, 2001

For further information, please call: (512) 463-7348