The Texas Alcoholic Beverage Commission adopts, without changes, the review of Title 16, Texas Administrative Code, Chapter 49, regarding production of alcoholic beverages as published in the October 13, 2000, edition of the Texas Register (25 TexReg 10381).

The commission finds that the reasons for adopting the rule contained within this chapter continues to exist.

No comments were received regarding the review of Chapter 49.

TRD-200100541

Doyne Bailey

Administrator

Texas Alcoholic Beverage Commission

Filed: January 30, 2001

The Texas Alcoholic Beverage Commission adopts, without changes, the review of Title 16, Texas Administrative Code, Chapter 50, regarding alcohol awareness and education as published in the October 13, 2000, edition of the Texas Register (25 TexReg 10381).

The commission finds that the reasons for adopting the rules contained within this chapter continues to exist.

No comments were received regarding the review of Chapter 50.

TRD-200100542

Doyne Bailey

Administrator

Texas Alcoholic Beverage Commission

Filed: January 30, 2001

Title 30, Part 1

The Texas Natural Resource Conservation Commission (commission) adopts the rules review and readopts Chapter 279, Water Quality Certification, in accordance with the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §§9 - 10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. The review must include an assessment of whether the reasons for the rules continue to exist. The proposed notice of intention to review was published in the November 24, 2000, issue of the Texas Register (25 TexReg 11677).

CHAPTER SUMMARY

Chapter 279 governs the issuance of state water quality certifications under the federal Clean Water Act (the Act), §401, codified at 33 United States Code §1341. The Act, §401(a)(1) requires all applicants for a federal license or permit to conduct any activity that may result in a discharge into navigable waters, including the construction or operation of facilities, to request a certification from the state that the discharge will comply with state water quality standards. The certification process is what safeguards state water quality standards in the federal permits. The chapter establishes procedures for public notice and the review of applications for water quality certification.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission determined that the reasons for the rules in Chapter 279 continue to exist. These rules are needed for implementation by the commission of the certification and notice provisions of the Act, §401. Chapter 279, as amended, was adopted under the general powers and rulemaking authority of Texas Water Code (TWC), §§5.102, 5.103, 5.105, and 5.120. Texas Water Code, §§26.011, 26.023, 26.027, and 26.121, which direct the commission to act to protect the quality of water in the state, also provide statutory support for this chapter.

PUBLIC COMMENT

The public comment period closed December 27, 2000. No comments were received.

TRD-200100534

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 30, 2001

The Texas Natural Resource Conservation Commission (commission) adopts the rules review and readopts Chapter 301, Levee Improvement Districts, District Plans of Reclamation, and Levees and Other Improvements, in accordance with the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §§9-10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. The review must include an assessment of whether the reasons for the rules continue to exist. The proposed notice of intention to review was published in the November 3, 2000, issue of the Texas Register (25 TexReg 11110).

CHAPTER SUMMARY

Chapter 301 provides procedures for formation of levee improvement districts, as well as planning and review requirements for drainage and reclamation activity subject to the commission's jurisdiction under Texas Water Code (TWC), Chapter 16, Provisions Generally Applicable to Water Development, and Chapter 57, Levee Improvement Districts. Subchapter A of Chapter 301 sets forth general provisions and definitions, describes required approvals, and refers to the agency's enforcement options. Subchapter B describes procedures concerning formation of levee improvement districts and procedures for obtaining approval of district plans of reclamation. Subchapter C describes requirements for obtaining approval of levees and other improvements. Subchapter D describes notice and hearing procedures. Subchapter E provides for issuance of emergency orders and indicates other actions that may be taken regarding unauthorized levees and other improvements. Subchapter F concerns application and other fees.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission determined that the reasons for adopting the rules in Chapter 301 continue to exist. These rules are based on the specific authority granted in TWC, §16.236 to make and enforce rules regarding levee safety, as well as the general rulemaking authority granted the commission in TWC, §5.103. Fundamentally, the chapter enables the commission to efficiently carry out responsibilities and duties regarding levee improvement districts assigned to it by the legislature as set forth in TWC, Chapters 16 and 57.

PUBLIC COMMENT

This public comment period ended December 4, 2000. No comments on the assessment of whether the reasons for the rules continue to exist were received.

TRD-200100510

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 29, 2001

The Texas Natural Resource Conservation Commission (commission) adopts the rules review and readopts Chapter 311, Watershed Protection, in accordance with the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9 - 10.13, 76th Legislature, 1999, which require state agencies to review and consider for readoption each of their rules every four years. The review must include an assessment of whether the reasons for the rules continue to exist. The notice of intention to review was published in the November 17, 2000, issue of the Texas Register (25 TexReg 11528).

CHAPTER SUMMARY

Chapter 311 provides for protection of certain water quality areas by either limiting discharges or by defining effluent quality for discharges in specific watersheds. Specifically, watershed protection and management requirements are specified for the following water quality areas: Subchapter A: Lakes Travis and Austin; Subchapter B: Lakes Inks and Buchanan; Subchapter C: Clear Lake Watershed; Subchapter D: Lake Houston Watershed; Subchapter E: Colorado River Watershed; Subchapter F: Lakes Lyndon B. Johnson and Marble Falls; and Subchapter G: Lakes Worth, Eagle Mountain, Bridgeport, Cedar Creek, Benbrook, and Richland-Chambers.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission determined that the reasons for these rules continue to exist. The rules assure protection of the water quality areas defined in Chapter 311 by specifying that the disposal of wastewater into these water quality areas is either prohibited or is allowed only under certain conditions (e.g., discharges from sewage treatment facilities that meet a defined level of effluent quality). The rules are based principally on §26.011 of the Texas Water Code (TWC), which gives the commission the duty to administer the provisions of TWC, Chapter 26, and to establish, maintain, and control the quality of water in the state. Section 26.011 contains an express authorization to the commission to adopt rules limiting waste discharges for water quality purposes. ("Water discharges or impending waste discharges covered by the provisions of this chapter are subject to reasonable rules or orders adopted by the commission in the public interest.") In addition, Chapter 311 is authorized by the general rulemaking powers granted to the commission in TWC, §§5.103, 5.105, and 5.120.

PUBLIC COMMENT

The Lower Colorado River Authority (LCRA) submitted written comments on the proposed rules review and readoption of Chapter 311 during the public comment period which ended December 18, 2000. The LCRA stated that it concurs with the commission's determination that the reasons for these rules continue to exist. Further, the LCRA urged that a stakeholder work group be reconvened when further revisions to the chapter are considered. The commission appreciates the LCRA's concurrence on the need for Chapter 311. Stakeholder work groups are a valuable means for obtaining public input in the rulemaking process and the commission expects that it will establish such a group when considering revisions to Chapter 311.

TRD-200100517

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 29, 2001

Title 40, Part 19

The Board of the Texas Department of Protective and Regulatory Services (TDPRS) readopts, without changes, Title 40 Texas Administrative Code Chapter 705, Adult Protective Services. The proposed review was published in the December 15, 2000, issue of the Texas Register (25 TexReg 12451). No comments were received regarding readoption of this chapter.

Chapter 705 satisfies the requirements of the Human Resources Code, Chapter 40, which authorizes the department to adopt rules to facilitate implementation of department programs. The board has reviewed Chapter 705 and determined that the initial reasons for adoption of this chapter continue to exist. However, TDPRS plans to restructure the chapter in the future and to rewrite the rules to make them easier to read.

This completes the board's review of 40 TAC Chapter 705, as required by the Texas Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167.

TRD-200100482

C. Ed Davis

Deputy Director, Legal Services

Texas Department of Protective and Regulatory Services

Filed: January 26, 2001

The Board of the Texas Department of Protective and Regulatory Services (TDPRS) readopts, without changes, Title 40 Texas Administrative Code Chapter 730, Legal Services, and Chapter 732, Contracted Services. The proposed review was published in the October 6, 2000, issue of the Texas Register (25 TexReg 10201). No comments were received regarding readoption of these chapters.

Chapters 730 and 732 satisfy the requirements of the Human Resources Code, Chapter 40, which authorizes the department to adopt rules to facilitate implementation of department programs. The board has reviewed Chapters 730 and 732 and determined that the initial reasons for adoption of the chapters continue to exist. However, TDPRS plans to restructure the chapters in the future and to rewrite the rules to make them easier to understand.

This completes the board's review of 40 TAC Chapters 730 and 732, as required by the Texas Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167.

TRD-200100476

C. Ed Davis

Deputy Director, Legal Services

Texas Department of Protective and Regulatory Services

Filed: January 26, 2001

Title 43, Part 1

Notice of Readopted Rule: The Texas Department of Transportation readopts without changes Title 43 TAC, Part I, Chapter 1, Management, Chapter 3, Public Information, and Chapter 4, Employment Practices.

This review was conducted in accordance with the General Appropriations Act of 1999, House Bill 1, Section 10.13, Article IX, and Government Code, §2001.039, as added by Senate Bill 178, 76th Legislature.

The proposed review was published in the November 17, 2000, edition of the Texas Register (25 TexReg 11529). No comments were received regarding the readoption of these rules. The Texas Transportation Commission has reviewed these rules and determined that the reasons for adopting them continue to exist.

TRD-200100447

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: January 26, 2001