Part 1.
GENERAL LAND OFFICE
Chapter 3.
GENERAL PROVISIONS
The Texas General Land Office (GLO) adopts the new Chapter 3 relating
to General Provisions and adopts within this chapter new Subchapter A relating
to Property Accountability with new §3.1 relating to Restrictions on
Assignment of Vehicles. The GLO also adopts a new Subchapter B relating to
Training and Education of Employees with adopted new §3.21 relating Training
and Education, §3.22 relating to Employee Obligation, §3.23 relating
to Training and Education Materials, and §3.24 relating to No Effect
on At-Will Employment Status. The adoption the above new Chapter, Subchapters
and new sections are adopted without changes to the text as proposed in the
April 13, 2001, issue of the
Texas Register
(26 TexReg 2808)
The Texas General Land Office is adopting the new chapter so that it may
contain rules that govern the effective administration of the agency. The
adopted new Subchapter A relating to Property Accountability with the adopted
new section is in response to House Bill 3125, 76th Legislature, 1999, that
required the General Services Commission and the Council on Competitive Government
to develop a plan for improving the administration and operation of the state's
vehicles. This plan was recently adopted. The bill further requires each state
agency to adopt rules, consistent with the plan, relating to the assignment
and use of the agency's vehicles. Section 3.1 is necessary to comply with
H.B. 3125. The adopted new Subchapter B relating to Training and Education
of Employees and the adopted new sections within it is in compliance with
the State Employee Training Act, Government Code §§656.041-049.
This act authorizes state agencies to adopt rules governing the training and
education of state administrators and employees that materially aids state
administration.
No comments were received regarding the proposed new Chapter, Subchapters
or new sections.
Subchapter A. PROPERTY ACCOUNTABILITY
31 TAC §3.1
The new sections are adopted under Natural Resources Code §31.051
which provides the Commissioner of the General Land Office with the authority
to establish rules for the conduct of the work of the General Land Office.
The proposed new Subchapter A, relating to Property Accountability is proposed
under Government Code, §2171.1045, which requires the GLO to adopt rules
relating to the assignment and use of GLO's vehicles.
No statutes, articles, or codes are affected by the adoption of the new
chapter or sections.
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 12, 2001.
TRD-200104014
Larry Soward
Chief Clerk
General Land Office
Effective date: August 1, 2001
Proposal publication date: April 13, 2001
For further information, please call: (512) 305-9129
31 TAC §§3.21 - 3.24
The new sections are adopted under Natural Resources Code §31.051
which provides the Commissioner of the General Land Office with the authority
to establish rules for the conduct of the work of the General Land Office.
The adopted new Subchapter B, relating to Training and Education of Employees
and the adopted new sections are adopted under Government Code, §§656.041-049
which requires the GLO to adopt rules relating to the training and education
of its employees.
No statutes, articles, or codes are affected by the proposed new chapter
or sections.
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 12, 2001.
TRD-200104015
Larry Soward
Chief Clerk
General Land Office
Effective date: August 1, 2001
Proposal publication date: April 13, 2001
For further information, please call: (512) 305-9129
Chapter 155.
LAND RESOURCES
Subchapter A. COASTAL PUBLIC LANDS
31 TAC §155.1, §155.3
The School Land Board (Board) adopts the amendments to §155.1,
relating to General Provisions, and §155.3, relating to Easements without
changes to the text as published in the May 4, 2001, issue of the
Texas Register
(26 TexReg 3378). These amendments were necessary in
order to streamline the process by which projects on coastal public land are
authorized.
Section 155.1 was amended, first, to remove general coastal easements as
a method of authorizing minor projects on coastal public land. It is replaced
by provisions in §155.3, concerning easements, that give the Commissioner
of the General Land Office the authority to approve certain types of residential
projects without Board authorization. Second, definitions for sensitive habitat
and mitigation sequence were added. These are technical terms that appear
in the chapter, but were not previously defined in the rule. In addition,
the definition of the term "fill" is substituted for the term "landfill" and
the definition modified to make it more accurately reflect the activity. Finally,
this section was amended to include the provision that allows the Board to
delay a decision on an application to consider comments from the public on
a required Corps of Engineers permit. This provision currently applies only
to easements. However, Corps permits may also be required on projects that
require a lease or a permit. Consequently, incorporating it into the general
provisions makes it applicable to all forms of authorization covered by this
chapter.
The adopted amendments to §155.3, relating to easements has removed
the language from the rule that duplicated the statutory provisions. The most
significant change to the rule, however, is that it now allows the Commissioner
of the General Land Office the authority to grant easements for existing residential
structures and proposed residential structures that have minor environmental
impacts or no impacts at all. The authorization process for such projects
will be expedited by no longer requiring Board approval. In addition, it will
allow the Board to focus its limited time on commercial projects and other
large-scale projects. The adopted amendments also include a list of factors
the Board or the Commissioner shall consider when making decisions on an application,
including a mitigation sequence that applicants must consider and apply to
projects that may have an adverse impact on coastal natural resources. Finally,
the adopted amendments have removed any superfluous language from the rule
and, when appropriate, reorganized subsections to make the rule more readable
and easier to follow.
The adopted amendments to §155.1 and 155.3 are subject to the Texas
Coastal Management Program (CMP) §505.11(a)(1)(H) of this title, relating
to Actions and Rules Subject to the CMP and must be consistent with the applicable
goals and policies under §501.14(I) of this title, relating to Construction
of Waterfront Facilities and Other Structures on Submerged Lands. The General
Land Office reviewed these proposed actions for consistency with the CMP goals
and policies in accordance with the regulations of the Coastal Coordination
Council (Council). The proposed actions were consistent with the coastal public
lands regulations which the Council has determined to be consistent with the
CMP. Consequently, the General Land Office determined that the amendments
are consistent with the applicable CMP goals and policies.
The General Land Office prepared a Takings Impact Assessment (TIA) for
the adoption of these amendments and determined that the adoption of these
amendments would not result in the taking of private real property. No requests
for copies of the TIA were received.
No other comments were received regarding the proposed amendments.
The amendments are adopted under Texas Natural Resources Code
Chapter 33 §33.064 which authorized the Board to adopt procedural and
substantive rules necessary for the management of coastal public lands.
Texas Natural Resources Code §33.111 is affected by the adopted 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 July 12, 2001.
TRD-200104016
Larry R. Soward
Chief Clerk, General Land Office
School Land Board
Effective date: August 1, 2001
Proposal publication date: May 4, 2001
For further information, please call: (512) 305-9129
The School Land Board (Board) adopts simultaneously the repeal and
proposed new §155.2, relating to Leases without changes, and §155.5,
relating to Structure Registrations with changes to the text as published
in the May 4, 2001, issue of the
Texas Register
(26 TexReg 3382).
The rules were repealed and new rules proposed because the rules needed
to be significantly rewritten and reorganized and to streamline the process
by which projects on coastal public lands are authorized. Section 155.5(f)(2)
has been changed from the proposed rule as a result of legislation passed
in the 2001 Legislative Session. The dimensions of the structures eligible
for registration has been changed to 115 feet in length and 25 feet in width.
Section 155.2 and §155.5 are subject to the Texas Coastal Management
Program (CMP) §505.11(a)(1)(E) and §505.11(a)(1)(G) of this title,
relating to Actions and Rules Subject to the CMP and must be consistent with
the applicable goals and policies under §501.14(h) of this title, relating
to Development in Critical Areas, §501.14(i) of this title, relating
to Construction of Waterfront Facilities and Other Structures on Submerged
Lands and §501.14(j) of this title, relating to Dredging and Dredged
Material Disposal and Placement. The General Land Office reviewed these proposed
actions for consistency with the CMP goals and policies in accordance with
the regulations of the Coastal Coordination Council (Council). The General
Land Office determined that the adopted actions are consistent with the applicable
CMP goals and policies.
The General Land Office prepared a Takings Impact Assessment (TIA) for
the adoption of the proposed rules and determined that the adoption of these
rules would not result in the taking of private real property. No requests
for copies of the TIA were received.
No comments were received regarding the repeals and proposed new rules.
Subchapter B. TRAINING AND EDUCATION OF EMPLOYEES
Part 4.
SCHOOL LAND BOARD
Subchapter A. COASTAL PUBLIC LANDS