Proposed Rule Reviews
Texas Department of Agriculture
Title 4, Part 1
The Texas Department of Agriculture (the department) proposes to review
Title 4, Texas Administrative Code, Part 1, Chapter 5, concerning Fuel Quality,
pursuant to the Texas Government Code, §2001.039 and the General Appropriations
Act, Article IX, §9-10.13, 76th Legislature, 1999 (Section 9-10.13).
Section 9-10.13 and §2001.039 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 original justification for the
rules continues to exist.
As part of the review of Chapter 5, the department is proposing the repeal
of §5.2, the expiration provision for Chapter 5. The proposed repeal
may be found in the proposed rule section of this issue of the
Texas Register
. The assessment of Title 4, Part 1, Chapter 5, by the
department at this time indicates that with the exception of the section
proposed for repeal, the reason for readopting without changes all remaining
sections in Chapter 5 continues to exist.
The department is accepting comment on the review of Chapter 5. Comments
on the review may be submitted within 30 days following the publication of
this notice in the
Texas Register
to David
Kostroun, Assistant Commissioner for Regulatory Programs, Texas Department
of Agriculture, P.O. Box 12847, Austin, Texas, 78711.
TRD-200103602
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: June 25, 2001
Title 7, Part 5
The Finance Commission of Texas files this notice of intention to review
Texas Administrative Code, Title 7, Part 5, Chapter 82 (§§82.1-82.2),
relating to Custody of Criminal History Record Information; Open Records Requests;
and Charges pertaining to Administration, pursuant to the Appropriations Act
of 1997, HB 1, Article IX, Section 167. The commission will accept comments
for 20 days following publication of this notice in the
Texas Register
as to whether reasons for adopting this chapter continue
to exist. Final consideration of the rules review of this chapter is scheduled
for the Commission's meeting on August 17, 2001.
The Office of Consumer Credit Commissioner which administers these rules,
believes that the reasons for adopting the rules contained in this chapter
continue to exist. Any questions or written comments pertaining to this notice
of intention to review should be directed to Leslie L. Pettijohn, Commissioner,
Office of Consumer Credit Commissioner, 2601 North Lamar Boulevard, Austin,
Texas 78705-4207, or by e-mail to leslie.pettijohn@occc.state.tx.us. Any proposed
changes to the rules as a result of the review will be published in the Proposed
Rules 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 commission.
TRD-200103608
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: June 25, 2001
Title 22, Part 9
The Texas State Board of Medical Examiners proposes to review Chapter 187
(§§187.1-187.41), concerning Procedure, pursuant to the Appropriations
Act of 1997, House Bill 1, Article IX, §167.
The Texas State Board of Medical Examiners will consider, among other
things, whether the reasons for adoption of these rules continue to exist.
Comments on the proposed review may be submitted to Pat Wood, P.O. Box
2018, MC-901, Austin, Texas 78768-2018.
TRD-200103645
Jerry T. Walker
Interim Executive Director
Texas State Board of Medical Examiners
Filed: June 27, 2001
Title 16, Part 1
The Railroad Commission of Texas ("Commission") proposes, pursuant to Tex.
Gov't Code, §2001.039) the review of §3.83, regarding tax exemption
for two-year inactive wells and three- year inactive wells. As part of this
review process but in a separate rulemaking, the Commission proposes amendments
to §3.83. The proposal regarding the amendments was filed with the
The Commission has determined that the reasons for adopting this rule,
with the proposed changes, continue to exist.
Comments may be submitted to Scott Petry, Hearings Examiner, Office of
General Counsel, Railroad Commission of Texas, P. O. Box 12967, Austin, Texas
78711-2967, or via electronic mail to scott.petry@rrc.state.tx.us. Comments
will be accepted until 5:00 p.m. on the fifteenth day following publication
of this notice in the
Texas Register
. For
more information, call Scott Petry at (512) 463-6768.
Issued in Austin, Texas on June 21, 2001.
TRD-200103521
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Filed: June 21, 2001
State Board of Dental Examiners
Title 22, Part 5
The State Board of Dental Examiners adopts the review of the rules contained
in Title 22, Texas Administrative Code, Part 5, Examining Board, Chapter 115,
Extension of Duties of Auxiliary Personnel--Dental Hygiene, in accordance
with §2001.039 of the Texas Government Code, (Vernon 2000) and with the
General Appropriations Act, Article IX, Rider 167, passed by the 75th legislature.
The proposed review was published in the February 16, 2001, issue of the
No comments were received regarding this rule review.
As a result of the agency's review process the State Board of Dental Examiners
adopts the amendments to §115.1 and §115.2 and readopts §§115.3,
115.4, 115.10 and 115.20. The adopted amendments can be found in the Adopted
Rules section of this issue of the
Texas Register
.
The agency finds that the reasons for originally adopting the rules continue
to exist.
This concludes the review of Chapter 115, Extension of Duties of Auxiliary
Personnel--Dental Hygiene.
TRD-200103495
Jeffry Hill
Executive Director
State Board of Dental Examiners
Filed: June 20, 2001
Title 22, Part 9
The Texas State Board of Medical Examiners adopts the review of Chapter
177 (§§177.1-177.16), concerning, Certification of Non-Profit Organizations,
pursuant to the Appropriations Act of 1997, House Bill, Article IX, §167.
The proposed review was published in the September 15, 2000, issue of the
No comments were received regarding the rule review.
The agency's reason for adopting the rules contained in this chapter continues
to exist.
This concludes the review of Chapter 177, Certification of Non-Profit Organizations.
TRD-200103646
Jerry T. Walker
Interim Executive Director
Texas State Board of Medical Examiners
Filed: June 27, 2001
Title 30, Part 1
The Texas Natural Resource Conservation Commission (commission) adopts
the rules review and readopts Chapter 315, Pretreatment Regulations for Existing
and New Sources of Pollution, which pertains to publicly owned wastewater
treatment facilities, 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. A 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 April 13,
2001 issue of the
Texas Register
(26 TexReg
2855).
CHAPTER SUMMARY
Chapter 315 incorporates rules that the United States Environmental Protection
Agency (EPA) adopted in accordance with the National Pollutant Discharge Elimination
System (NPDES), Clean Water Act (CWA), §402, to implement national pretreatment
standards to control pollutants which pass through or interfere with wastewater
treatment processes in publicly owned treatment works (POTWs). The EPA rules
describe the objectives of the pretreatment program regulations and provide
for requirements no less stringent than those found in the CWA and Texas Water
Code (TWC). The EPA rules also set forth the requirements for development
of pretreatment programs by POTWs implemented by the Texas Pollutant Discharge
Elimination System (TPDES) program, which include the POTWs' legal authority,
enforcement response plan, standard operating procedures, and technically
based local limits.
Chapter 315 contains one subchapter and has not been revised since its
initial effective date. It adopts by reference pretreatment regulations from
40 Code of Federal Regulations (CFR) Part 403 and Appendices A - E which were
in effect on the date of TPDES program authorization, as amended, except §403.16.
In addition, the rule provides that where 40 CFR §403.11(b)(2) and §403.11(c)
provide procedures for requesting and holding a public hearing, the commission
shall instead require notice of and hold a public meeting. The Texas Water
Commission adopted the rule, without changes to the federal pretreatment regulations,
and notice of the adoption was published in the September 21, 1990 issue of
the
Texas Register
(15 TexReg 5501).
ASSESSMENT OF WHETHER THE REASONS FOR THE RULE CONTINUE TO EXIST
The commission determined that the reasons for the rule in Chapter 315
continue to exist. This chapter is necessary to maintain TPDES authorization,
which the commission assumed on September 14, 1998. Chapter 315 implements
provisions of TWC, §26.047 (Permit Conditions and Pretreatment Standards
Concerning Publicly Owned Treatment Works) and §26.1211 (Pretreatment
Effluent Standards). Further, this rule was promulgated under authority granted
to the commission by TWC, §5.102 and §5.105.
The commission's review of Chapter 315 has revealed the need to make certain
revisions to update and clarify the chapter, which the commission intends
to address in future rulemaking.
PUBLIC COMMENT
The public comment period closed May 14, 2001, and no comments were received.
TRD-200103625
Margaret Hoffman
Deputy Director, Office of Legal Services
Texas Natural Resource Conservation Commission
Filed: June 26, 2001
The Texas Natural Resource Conservation Commission (commission) adopts
the rules review and readopts Chapter 319, General Regulations Incorporated
into Permits, 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 April 13, 2001, issue of the
CHAPTER SUMMARY
Chapter 319 provides general requirements for wastewater discharge permits
under the Texas Pollutant Discharge Elimination System (TPDES) and commission
wastewater permitting programs. This chapter consists of three subchapters:
Subchapter A, Monitoring and Reporting System; Subchapter B, Hazardous Metals;
and Subchapter C, Public Notice of Spills or Accidental Discharges from Wastewater
Facilities Owned or Operated by Local Governments. Subchapter A sets out monitoring
and reporting requirements for wastewater discharge permits under the TPDES
and commission wastewater permitting programs. Subchapter B sets effluent
quality levels for allowable concentrations of hazardous metals that are discharged
into or adjacent to surface water in the state. Subchapter C specifies conditions
under which notification of a spill must be given to appropriate local government
officials and local media, procedures for giving the required notice, content
of the notice, and the method of giving notice.
ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST
The commission determined that the reasons for the rules in Chapter 319
continue to exist. Chapter 319 is authorized under Texas Water Code (TWC), §5.103
which allows the commission to adopt any rules necessary to carry out its
powers and duties under the TWC, and under TWC, §26.011, which provides
the commission the authority to adopt rules consistent with provisions in
the TWC relating to waste discharges. Further, Subchapter A is authorized
under TWC, §26.042, which allows the commission to adopt rules relating
to monitoring and reporting requirements for those discharging pollutants
into or adjacent to water in the state. Subchapter B sets effluent quality
levels for hazardous metals as authorized under TWC, §26.011. Lastly,
Subchapter C is authorized under TWC, §26.039, which requires the commission
to adopt rules specifying the conditions under which notification of a spill
must be given to appropriate local government officials and local media, the
procedures for giving the required notice, the content of the notice, and
the manner of giving notice.
The commission's review of Chapter 319 also revealed that the chapter needs
updating to replace references to this agency's predecessor, the Texas Water
Commission; to revise citations; to delete an obsolete section; and to reflect
changes in authorized analytical test methods for effluent monitoring. The
commission intends to propose a future rulemaking to make these and any other
needed changes.
PUBLIC COMMENT
The public comment period closed May 14, 2001, and no comments were received.
TRD-200103580
Margaret Hoffman
Deputy Director, Office of Legal Services
Texas Natural Resource Conservation Commission
Filed: June 22, 2001
The Texas Natural Resource Conservation Commission (commission) adopts
the rules review and concurrently adopts the repeal of Chapter 343, Oil and
Hazardous Substances, in the Adopted Rules section of this issue of the
CHAPTER SUMMARY
Chapter 343 was adopted by the Texas Department of Water Resources (predecessor
agency of the commission) with an effective date of February 17, 1978, to
implement the Texas Oil and Hazardous Substances Spill Prevention and Control
Act of 1977, codified as Texas Water Code, Chapter 26, Subchapter G. Chapter
343 provided procedures for immediate and necessary control, containment,
removal, and disposal of oil or hazardous substances spills or discharges
occurring within coastal lands or waters in the state. In 1983, the 68th Legislature
amended the provisions of the Texas Oil and Hazardous Substances Spill Prevention
and Control Act of 1977, and redesignated the act as the Texas Hazardous Substances
Spill Prevention and Control Act. No changes were made to Chapter 343 as a
result of the amendments.
Chapter 327, Spill Prevention and Control, was adopted by the commission
on April 24, 1996, to implement applicable provisions of the Texas Hazardous
Substances Spill Prevention and Control Act. At the time of its adoption,
Chapter 327 incorporated the rules in Chapter 343 and updated them to conform
with the Texas Hazardous Substances Spill Prevention and Control Act which
superseded the Texas Oil and Hazardous Substances Spill Prevention and Control
Act of 1977.
ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST
The commission determined that the reasons for the rules in Chapter 343
no longer exist. The 1983 amendment of the Texas Oil and Hazardous Substances
Spill Prevention and Control Act of 1977 and its redesignation as the Texas
Hazardous Substances Spill Prevention and Control Act made the original 1977
act and the implementing rules in Chapter 343 obsolete. Therefore, the reasons
for the rules in Chapter 343 do not continue to exist. The rules in Chapter
327 now implement applicable provisions of the Texas Hazardous Substances
Spill Prevention and Control Act and include the rules in Chapter 343, updated
to conform with the amended act. Therefore, the commission is concurrently
adopting the repeal of Chapter 343.
PUBLIC COMMENT
The public comment period closed on April 23, 2001. No comments on whether
the reasons for the rules continue to exist were received.
TRD-200103535
Margaret Hoffman
Deputy Director, Office of Legal Services
Texas Natural Resource Conservation Commission
Filed: June 22, 2001
The Texas Natural Resource Conservation Commission (commission) adopts
the rules review and readopts Chapter 351, Regionalization, in accordance
with 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 April 13, 2001, issue of the
Texas Register
(26 TexReg 2857).
CHAPTER SUMMARY
Chapter 351 is based on Texas Water Code (TWC), Subchapter C, Regional
and Area-Wide Systems, which encourages and promotes the development and use
of regional and area-wide waste collection, treatment, and disposal systems
to serve the waste disposal needs of the citizens of the state and to prevent
pollution and maintain and enhance the quality of the water in the state.
Within any standard metropolitan statistical area in the state, the commission
is authorized to implement this policy by defining areas of regional or area-wide
systems and designating system to serve the area defined. In accordance with
this authority and TWC, §§26.003, 26.011, and 5.103, the commission
adopted rules for the following eight regional areas: Northbelt, Rosillo Creek,
East Fork Trinity River, Lower Rio Grande Valley, Harris County Fresh Water
Supply District Number 63, Cibolo Creek, Blackhawk, and Vidor Metropolitan
Area.
ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST
The commission determined that the reasons for the rules in Chapter 351
continue to exist. The rules are needed as part of the commission's efforts
to promote the development and use of regional and area-wide waste collection,
treatment, and disposal systems under TWC, §§26.003 and 26.081 -
26.087.
PUBLIC COMMENT
The public comment period closed on May 14, 2001. No comments on whether
the reasons for the rules continue to exist were received.
TRD-200103541
Margaret Hoffman
Deputy Director, Office of Legal Services
Texas Natural Resource Conservation Commission
Filed: June 22, 2001
Title 7, Part 4
The Finance Commission of Texas (the "commission") has completed the review
of Texas Administrative Code, Title 7, Chapter 61, consisting of §§61.1
- 61.3, relating to Savings and Loan Associations.
Notice of the review was published in the April 6, 2001, issue of the
The commission readopts these sections, pursuant to the requirements of
the Government Code, §2001.039, and finds that the reasons for adopting
these rules continue to exist.
TRD-200103578
James L. Pledger
Commissioner
Texas Savings and Loan Department
Filed: June 22, 2001
The Finance Commission of Texas (the "commission") has completed the review
of Texas Administrative Code, Title 7, Chapter 63, comprised of §§63.1
- 63.15, relating to Fees and Charges Pertaining to Savings and Loan Associations.
Notice of the review was published in the April 6, 2001, issue of the
The commission readopts these sections, pursuant to the requirements of
the Government Code, §2001.039, and finds that the reasons for adopting
these rules continue to exist.
TRD-200103577
James L. Pledger
Commissioner
Texas Savings and Loan Department
Filed: June 22, 2001
The Finance Commission of Texas (the "commission") has completed the review
of Texas Administrative Code, Title 7, Chapter 64, comprised of §§64.1
- 64.9, relating to Books, Records, Accounting Practices, Financial Statements,
Reserves, and Net Worth Pertaining to Savings and Loan Associations.
Notice of the review was published in the April 6, 2001, issue of the
The commission readopts these sections, pursuant to the requirements of
the Government Code, §2001.039, and finds that the reasons for adopting
these rules continue to exist.
TRD-200103576
James L. Pledger
Commissioner
Texas Savings and Loan Department
Filed: June 22, 2001
The Finance Commission of Texas (the "commission") has completed the review
of Texas Administrative Code, Title 7, Chapter 79, consisting of §§79.1
- 79.121, relating to Miscellaneous Matters (Books, Records, Accounting Practices,
Financial Statements and Reserves; Corporate Activities; Capital and Capital
Obligations; Holding Companies; Foreign Savings Banks; Hearings; Fees and
Charges; and Statements of Policy) pertaining to Savings Banks.
Notice of the review was published in the April 6, 2001, issue of the
The commission readopts these sections, pursuant to the requirements of
the Government Code, §2001.039, and finds that the reasons for adopting
these rules continue to exist.
TRD-200103579
James L. Pledger
Commissioner
Texas Savings and Loan Department
Filed: June 22, 2001
Office of Consumer Credit Commissioner
Texas State Board of Medical Examiners
Railroad Commission of Texas
Adopted Rule Reviews
Texas State Board of Medical Examiners
Texas Natural Resource Conservation Commission
Texas Savings and Loan Department