Proposed Rule Reviews
Texas Commission on Human Rights
Title 40, Part 11
The Texas Commission on Human Rights files this notice of intention to
review Texas Administrative Code, Title 40, Chapter 335, consisting of §§335.1
- 335.7, concerning General Provisions. This review is undertaken pursuant
to Government Code, §2001.039, and the General Appropriations Act of
1997, Article IX, §167, which require state agencies to review and consider
for readoption each of their rules every four years. The commission will accept
comments for 30 days following the publication of this notice in the
Any questions or written comments pertaining to this notice of intention
to review should be directed to Katherine A. Antwi, Interim Executive Director,
Texas Commission on Human Rights, P. O. Box 13006, Austin, Texas 78711, or
by e-mail to katherine.antwi@mail.capnet.state.tx.us. Any proposed changes
to 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-200102238
Katherine A. Antwi
Interim Executive Director
Texas Commission on Human Rights
Filed: April 19, 2001
The Texas Commission on Human Rights files this notice of intention to
review Texas Administrative Code, Title 40, Chapters 336 and 337, consisting
of §336.1, concerning Commission and §§337.1 - 337.3, concerning
Referral to Municipalities. This review is undertaken pursuant to Government
Code, §2001.039, and the General Appropriations Act of 1997, Article
IX, §167, which require state agencies to review and consider for readoption
each of their rules every four years. The commission will accept comments
for 30 days following the publication of this notice in the
Texas Register
as to whether the reasons for adopting the sections
under review continue to exist.
Any questions or written comments pertaining to this notice of intention
to review should be directed to Katherine A. Antwi, Interim Executive Director,
Texas Commission on Human Rights, P. O. Box 13006, Austin, Texas 78711, or
by e-mail to katherine.antwi@mail.capnet.state.tx.us. Any proposed changes
to 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-200102239
Katherine A. Antwi
Interim Executive Director
Texas Commission on Human Rights
Filed: April 19, 2001
The Texas Commission on Human Rights files this notice of intention to
review Texas Administrative Code, Title 40, Chapter 338, consisting of §§338.1
- 338.8, concerning Exempted Real Estate-Related Exemptions. This review is
undertaken pursuant to Government Code, §2001.039, and the General Appropriations
Act of 1997, Article IX, §167, which require state agencies to review
and consider for readoption each of their rules every four years. The commission
will accept comments for 30 days following the publication of this notice
in the
Texas Register
as to whether the reasons
for adopting the sections under review continue to exist.
Any questions or written comments pertaining to this notice of intention
to review should be directed to Katherine A. Antwi, Interim Executive Director,
Texas Commission on Human Rights, P. O. Box 13006, Austin, Texas 78711, or
by e-mail to katherine.antwi@mail.capnet.state.tx.us. Any proposed changes
to 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-200102240
Katherine A. Antwi
Interim Executive Director
Texas Commission on Human Rights
Filed: April 19, 2001
The Texas Commission on Human Rights files this notice of intention to
review Texas Administrative Code, Title 40, Chapter 339, consisting of §§339.1
- 339.18, concerning Discriminatory Housing Practices. This review is undertaken
pursuant to Government Code, §2001.039, and the General Appropriations
Act of 1997, Article IX, §167, which require state agencies to review
and consider for readoption each of their rules every four years. The commission
will accept comments for 30 days following the publication of this notice
in the
Texas Register
as to whether the reasons
for adopting the sections under review continue to exist.
Any questions or written comments pertaining to this notice of intention
to review should be directed to Katherine A. Antwi, Interim Executive Director,
Texas Commission on Human Rights, P. O. Box 13006, Austin, Texas 78711, or
by e-mail to katherine.antwi@mail.capnet.state.tx.us. Any proposed changes
to 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-200102241
Katherine A. Antwi
Interim Executive Director
Texas Commission on Human Rights
Filed: April 19, 2001
The Texas Commission on Human Rights files this notice of intention to
review Texas Administrative Code, Title 40, Chapter 340, consisting of §§340.1
- 340.28, concerning Administrative Enforcement. This review is undertaken
pursuant to Government Code, §2001.039, and the General Appropriations
Act of 1997, Article IX, §167, which require state agencies to review
and consider for readoption each of their rules every four years. The commission
will accept comments for 30 days following the publication of this notice
in the
Texas Register
as to whether the reasons
for adopting the sections under review continue to exist.
Any questions or written comments pertaining to this notice of intention
to review should be directed to Katherine A. Antwi, Interim Executive Director,
Texas Commission on Human Rights, P. O. Box 13006, Austin, Texas 78711, or
by e-mail to katherine.antwi@mail.capnet.state.tx.us. Any proposed changes
to 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-200102242
Katherine A. Antwi
Interim Executive Director
Texas Commission on Human Rights
Filed: April 19, 2001
The Texas Commission on Human Rights files this notice of intention to
review Texas Administrative Code, Title 40, Chapter 341, consisting of §§341.1
- 341.16, concerning Administrative Hearings Proceedings. This review is undertaken
pursuant to Government Code, §2001.039, and the General Appropriations
Act of 1997, Article IX, §167, which require state agencies to review
and consider for readoption each of their rules every four years. The commission
will accept comments for 30 days following the publication of this notice
in the
Texas Register
as to whether the reasons
for adopting the sections under review continue to exist.
Any questions or written comments pertaining to this notice of intention
to review should be directed to Katherine A. Antwi, Interim Executive Director,
Texas Commission on Human Rights, P. O. Box 13006, Austin, Texas 78711, or
by e-mail to katherine.antwi@mail.capnet.state.tx.us. Any proposed changes
to 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-200102243
Katherine A. Antwi
Interim Executive Director
Texas Commission on Human Rights
Filed: April 19, 2001
The Texas Commission on Human Rights files this notice of intention to
review Texas Administrative Code, Title 40, Chapters 342 and 343 consisting
of §§342.1 - 342.3, concerning Prompt Judicial Action, and §§343.1
- 3343.5, concerning Enforcement by a Private Person. This review is undertaken
pursuant to Government Code, §2001.039, and the General Appropriations
Act of 1997, Article IX, §167, which require state agencies to review
and consider for readoption each of their rules every four years. The commission
will accept comments for 30 days following the publication of this notice
in the
Texas Register
as to whether the reasons
for adopting the sections under review continue to exist.
Any questions or written comments pertaining to this notice of intention
to review should be directed to Katherine A. Antwi, Interim Executive Director,
Texas Commission on Human Rights, P. O. Box 13006, Austin, Texas 78711, or
by e-mail to katherine.antwi@mail.capnet.state.tx.us. Any proposed changes
to 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-200102244
Katherine A. Antwi
Interim Executive Director
Texas Commission on Human Rights
Filed: April 19, 2001
The Texas Commission on Human Rights files this notice of intention to
review Texas Administrative Code, Title 40, Chapters 344, 345, 346, 347 and
348, consisting of §§344.1 - 344.3, concerning Other Action by the
Commission, §345.1, concerning Prevailing Party, §346.1, concerning
Fair Housing Fund, §347.1, concerning Statutory Authority, and §348.1,
concerning Effective Date. This review is undertaken pursuant to Government
Code, §2001.039, and the General Appropriations Act of 1997, Article
IX, §167, which require state agencies to review and consider for readoption
each of their rules every four years. The commission will accept comments
for 30 days following the publication of this notice in the
Texas Register
as to whether the reasons for adopting the sections
under review continue to exist.
Any questions or written comments pertaining to this notice of intention
to review should be directed to Katherine A. Antwi, Interim Executive Director,
Texas Commission on Human Rights, P. O. Box 13006, Austin, Texas 78711, or
by e-mail to katherine.antwi@mail.capnet.state.tx.us. Any proposed changes
to 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-200102245
Katherine A. Antwi
Interim Executive Director
Texas Commission on Human Rights
Filed: April 19, 2001
Title 30, Part 1
The Texas Natural Resource Conservation Commission (commission) files this
notice of intention to review and proposes the readoption of Chapter 112,
Control of Air Pollution from Sulfur Compounds. This review of Chapter 112
is proposed 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.
CHAPTER SUMMARY
Chapter 112 regulates, through state and federal air quality standards,
the control of air pollution from sulfur compounds, which include sulfur dioxide
(SO
2
), sulfuric acid mist (H
2
SO
4
), hydrogen sulfide (H
2
S), and total reduced sulfur (TRS). Chapter 112 was initially adopted
in 1968 by the Texas Air Control Board (TACB) in accordance with the Texas
Clean Air Act (TCAA) of the 60th Legislature, 1967. The standards adopted
at that time were state air quality standards, because the Federal Clean Air
Act of 1970, as codified in 42 United States Code (USC), had not been promulgated
and there were no federal air quality standards. In 1972, the TACB submitted
the SO
2
rules as part of the state implementation
plan (SIP) for the SO
2
national ambient air quality
standard (NAAQS) in accordance with 42 USC, §7409, National Primary and
Secondary Ambient Air Quality Standards; and §7410, State Implementation
Plans for National Primary and Secondary Ambient Air Quality Standards. In
1973, the TACB adopted rules concerning SO
2
emission
limits from all processes, including sulfuric acid plants, in non-ferrous
smelters. In 1989, the TACB adopted rules and a state plan concerning control
of sulfuric acid mist and TRS from existing facilities in accordance with
42 USC, §7411(d), Standards of Performance for Existing Sources.
This chapter is organized in four parts called undesignated (does not have
an outline designation) heads. The first undesignated head, Control of Sulfur
Dioxide, contains the definitions; compliance, reporting, and recordkeeping
requirements; air quality standards in the form of net ground level concentration
limits; conditions for exemption from the net ground level concentration limits;
allowable emission rate standards for various types of facilities that emit
SO
2
; plan requirements for temporary low-sulfur
fuel shortages; area control plan requirements specifying conditions for exemption
from net ground level concentration limits for all SO
2
emitting facilities inside a specified area of the state; and an
allowable emission rate standard for facilities operating under an area control
plan. The specific types of SO
2
emitting facilities
covered by allowable emission rate standards include sulfuric acid plants
burning elemental sulfur, sulfuric acid plants, sulfur recovery plants, solid
fossil fuel-fired steam generators, plants combusting liquid fuel, and nonferrous
smelters. The second undesignated head, Control of Hydrogen Sulfide, establishes
an allowable net ground level concentration limit of 0.08 part per million
(ppm) averaged over a 30-minute period for H
2
S
emission sources located near for property used for residential, business,
or commercial purposes; a net ground level concentration limit of 0.12 ppm
averaged over a 30-minute period for sources located near property used for
purposes other than residential, business, or commercial; and specifies the
procedures by which the H
2
S net ground level
concentration may be determined. The third undesignated head, Control of Sulfuric
Acid, establishes net ground level concentration limits for H
2
SO
4
acid emission sources; allowable
emission rate standards for specific types of H
2
SO
PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO
EXIST
The commission conducted a preliminary review and determined that the reasons
for the rules in Chapter 112 continue to exist. These rules are needed to
control emissions of SO
2
, H
2
S, H
2
SO
4
,
and TRS throughout the state. Specifically, the rules controlling SO
The commission's preliminary review of Chapter 112 revealed a number of
inconsistencies, incorrect references, and outdated citations. In addition,
Chapter 112 requires a method of calculating emission rates (Sutton's equation)
that is potentially outdated, and possibly should be augmented or replaced
by the dispersion modeling techniques. The commission specifically seeks public
comment regarding which is the more acceptable and appropriate method, the
use of Sutton's equation with data from stack samples and measurements, or
dispersion modeling techniques.
PUBLIC COMMENT
This proposal is limited to the review in accordance with the requirements
of Texas Government Code, §2001.039, and the General Appropriations Act,
Article IX, §9-10.13, 76th Legislature, 1999. The commission invites
public comment on whether the reasons for the rules in Chapter 112 continue
to exist. Any identified updates, consistency issues, or other needed changes
will be addressed in subsequent rulemaking actions, after comments are received
and evaluated. Comments may be submitted to Joyce Spencer, Office of Environmental
Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239-4808. All comments should reference Rule Log Number
1999-011-112-AI. Comments must be received by 5:00 p.m., June 4, 2001. For
further information or questions concerning this proposal, please contact
Debra Barber, Policy and Regulations Division, at (512) 239-0412; or Alan
J. Henderson, Policy and Regulations Division, at (512) 239-1510.
TRD-200102303
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: April 23, 2001
The Texas Natural Resource Conservation Commission (commission) files this
notice of intention to review and proposes the readoption of Chapter 317,
Design Criteria for Sewerage Systems. This review of Chapter 317 is proposed
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.
CHAPTER SUMMARY
Chapter 317 provides standards for the commission to use in its review
and approval of plans and specifications for treatment facilities, sewer systems,
and disposal systems that transport, treat, or dispose of primarily domestic
wastes. These standards are intended to promote the design of facilities in
accordance with effluent quality requirements necessary to meet state water
quality standards, good public health, and water quality engineering practices.
At a minimum, Chapter 317 includes requirements for a preliminary engineering
report which provides the general engineering concepts underlying the proposed
project as well as the final engineering report detailing the fully developed
project along with related plans and specifications.
PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO
EXIST
The commission conducted a preliminary review and determined that the reasons
for the rules in Chapter 317 continue to exist. Chapter 317 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; TWC, §26.011,
which provides the commission the authority to adopt rules consistent with
provisions in the TWC relating to waste discharges; and TWC, §26.023,
which requires the commission to set water quality standards for all water
in the state. Chapter 317 is also specifically authorized under TWC, §26.034,
which requires the commission to adopt standards to determine which plans
and specifications the commission will review for approval.
In a future rulemaking (Rule Log No. 1995-100-317-WT), the commission will
propose to repeal Chapter 317 and move it to new Chapter 217 which will meet
the commission's goal of having all water- related rules under the 200 series.
New Chapter 217 will also bring the standards for wastewater treatment systems
up-to-date with current engineering practices and technology; and update the
rules to better reflect the commission's permitting practices.
PUBLIC COMMENT
This proposal is limited to the review in accordance with the requirements
of Texas Government Code, §2001.039, and the General Appropriations Act,
Article IX, §9-10.13, 76th Legislature, 1999. The commission invites
public comment on whether the reasons for the rules in Chapter 317 continue
to exist. Comments may be submitted to Patricia Durón, Office of Environmental
Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239- 4808. All comments should reference Rule Log Number
2001-018-317-WT. Comments must be received in writing by 5:00 p.m., June 4,
2001. For further information or questions concerning this proposal, please
contact Auburn Mitchell, Policy and Regulations Division, (512) 239-1873.
TRD-200102298
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: April 23, 2001
The Texas Natural Resource Conservation Commission (TNRCC or commission)
files this notice of intention to review and proposes the concurrent repeal
of Chapter 322, Community Wastewater Planning, which is published in the Proposed
Rules section of this issue of the
Texas Register
. This review of Chapter 322 is proposed 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.
CHAPTER SUMMARY
Chapter 322 provides that in order to assist a municipality in implementing
a regional wastewater plan, the commission will consider regional plans that
have been previously approved by the commission and adopted by a municipality.
The municipality must request, in writing, that the commission assist in implementing
the regional plan.
PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO
EXIST
The commission conducted a preliminary review and determined that the reasons
for the rules in Chapter 322 no longer exist. The commission originally proposed
to readopt Chapter 322 in the rules review notice published in the October
20, 2000 issue of the
Texas Register
(25 TexReg
10572) because the chapter provides a mechanism for municipalities to implement
a regional wastewater plan. The commission believed this mechanism would advance
the policy of the state to encourage and promote the development and use of
regional and area-wide wastewater systems (
see
,
e.g., Texas Water Code, §26.003 and §26.081). However, upon further
reflection the commission concludes that the rules in this chapter have not
proven to be an effective mechanism for promoting regionalization and also
believes the rules are unnecessary because there are other more effective
mechanisms for promoting regionalization already in place. Chapter 322 was
originally adopted in response to a request from the City of Houston to assist
in implementing its long- term wastewater regional plan. In the years since
its adoption in 1992, neither the City of Houston, nor any other municipality
has asked the TNRCC to use the authority under this chapter. During the comment
period for the rules review that was published in the October 20, 2000 issue
of the
Texas Register
, the commission received
one comment. That comment, submitted on behalf of Travis County Water Control
and Improvement District No. 17 (District 17), urged the TNRCC to expand the
scope of the rules to require the TNRCC to follow regional plans adopted by
districts, as well as those adopted by municipalities. Prior to this, in 1998,
the commission denied District 17's petition for rulemaking that made the
same request.
The commission is committed to promoting the development and use of regional
and area-wide wastewater systems as required by the Texas Water Code. For
example, in accordance with Texas Water Code, §26.027, and 30 TAC Chapter
305, the TNRCC executive director has revised the wastewater permit application
to require applicants to submit detailed explanations regarding whether there
is a wastewater treatment and collection system, within three miles of the
area to be serviced by the proposed facility, that is willing and able to
service the area and, if so, an economic justification as to why the applicant
is pursuing a permit rather than connecting to the existing system. Furthermore,
Texas Water Code, Chapter 13, Subchapter G, Certificates of Convenience and
Necessity, allows districts to apply for certificates of convenience and necessity
(CCNs), although districts are not required to obtain such a certificate.
The commission has adopted a detailed policy statement and rules that address
regionalization through the CCN process (
see
30 TAC §291.102(b), effective October 19, 2000). Regionalization for
districts and other entities is available through this process, as well as
through the process set forth in Texas Water Code, Chapter 26, Subchapter
C, Regional and Area-wide Systems, to promote regional and area-wide waste
collection, treatment, and disposal systems. For these reasons, rather than
readopt ineffective and unused rules, the commission proposes the repeal of
Chapter 322. The proposed repeal can be found in the Proposed Rules section
of this issue of the
Texas Register
.
PUBLIC COMMENT
The commission invites public comment on whether the reasons for the rules
in Chapter 322 continue to exist. Comments may be submitted to Joyce Spencer,
Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box
13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should
reference Rule Log Number 2000-039-322-WT. Comments must be received by 5:00
p.m., June 4, 2001. For further information or questions concerning this proposal,
please contact Jill Burditt, Policy and Regulations Division, at (512) 239-0560.
TRD-200102305
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: April 23, 2001
Title 28, Part 2
The Texas Workers' Compensation Commission files this notice of intention
to review the rules contained in chapter 102 concerning Practice and Procedures
- General Provisions. This review is pursuant to the General Appropriations
Act, Article IX, §167, 75th Legislature, the General Appropriations Act,
Section 9-10, 76th Legislature, and Texas Government Code §2001.039 as
added by SB-178, 76th Legislature.
The agency's reason for adopting the rules contained in these chapters
continues to exist and it proposes to readopt Chapter 102. Comments regarding
whether the reason for adopting these rules continues to exist must be received
by 5:00 p.m. on June 4, 2001. You may comment by mailing or delivering your
comments to Nell Cheslock at the Office of the General Counsel, Mailstop #4-D,
Texas Workers' Compensation Commission, Southfield Building, 4000 South IH-35,
Austin, Texas 78704-7491.
CHAPTER 102 - PRACTICE AND PROCEDURES - GENERAL PROVISIONS
§102.2. Gifts, Grants, and Donations.
§102.3. Computation of Time.
§102.4. General Rules for Non-Commission Communications.
§102.5. General Rules for Written Communications to and from the Commission.
§102.7. Abbreviations.
§102.8. Information Requested on Written Communications to the Commission.
§102.9 Submission of Information Requested by the Commission.
§ 102.10. Interest, General.
TRD-200102403
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: April 25, 2001
Texas Natural Resource Conservation Commission
Texas Workers' Compensation Commission
Adopted Rule Reviews