TITLE rule-review

Proposed Rule Review

Railroad Commission of Texas

Title 16, Part 1

The Railroad Commission of Texas files this notice of intention to review and readopt 16 TAC Chapter 7, Subchapter A, relating to Procedural Rules, and §§7.40 - 7.43, 7.46, 7.48, 7.50 - 7.52, and 7.54 - 7.59, in Subchapter B, relating to Substantive Rules. This review and consideration is being conducted in accordance with Texas Government Code, §2001.039.

The agency's reasons for adopting these rules continue to exist; however, in a separate but concurrent rulemaking, the Commission has proposed the repeal of §§7.1 - 7.11, 7.40 - 7.43, 7.46, 7.48, 7.50 - 7.52, and 7.54 - 7.59, and has proposed new §7.110 and §7.115 in new subchapter A, relating to General Rules; new §§7.201, 7.205, 7.210, 7.220, 7.225, 7.230, 7.235, 7.240, and 7.245 in new subchapter B, relating to Special Procedural Rules; new §§7.301, 7.305, 7.310, and 7.351 in new subchapter C, relating to Records and Reports; Tariffs; Gas Utility Tax; new §§7.450, 7.455, and 7.465 in new subchapter D, relating to Customer Service and Protection; new §§7.501, 7.503, 7.5212, 7.5213, 7.5252, 7.5414, 7.5519, 7.5525, and 7.5530 in new subchapter E, relating to Rates and Rate-Setting Procedures; and new §7.7001 in new subchapter G, relating to Code of Conduct. The proposed repeals and new rules will be filed with the Texas Register concurrently with this proposed review.

Comments may be submitted to Jackie Standard, Research Specialist, Gas Services Division, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967 or by electronic mail to jackie.standard@rrc.state.tx.us. Comments will be accepted for 30 days after publication of this notice in the Texas Register .

Issued in Austin, Texas, on April 22, 2002.

TRD-200202550

Mary Ross McDonald

Deputy General Counsel

Railroad Commission of Texas

Filed: April 25, 2002


Adopted Rule Reviews

Railroad Commission of Texas

Title 16, Part 1

The Railroad Commission of Texas (Commission) files this notice of completion of the review and readoption of §3.58, relating to Oil, Gas, or Geothermal Resource Operator's Reports, as amended, in a separate but concurrent rulemaking.

The review and consideration were conducted in accordance with Texas Government Code §2001.039 ( as added by Acts 1999, 76th Legislature, chapter 1499, §1.11(a) ). The notice of review was published in the January 25, 2002, issue of the Texas Register (27 TexReg 617). The Commission received no comments regarding the proposed rule review, and one comment concerning the proposed amendments to §3.58, which were also published in that issue. After review, the Commission readopts this section, as amended.

The Commission has determined that the reason for adopting this rule, with the adopted amendments, continues to exist.

Issued in Austin, Texas, on April 22, 2002.

TRD-200202549

Mary Ross McDonald

Deputy General Counsel

Railroad Commission of Texas

Filed: April 25, 2002


The Railroad Commission of Texas ("Commission") gives notice of the completion of its review, pursuant to Texas Government Code, §2001.039, of §7.44, relating to Filing of Tariffs. As part of this review process but in a separate proposal, the Commission proposed as part of the reorganization of 16 TAC Chapter 7, the repeal of §7.44 and the adoption of new §7.315, relating to Filing of Tariffs. The proposal regarding the repeal and new section was filed with the Texas Register concurrently with the notice of review.

The Commission has determined that the reasons for adopting the rule continue to exist.

The Commission received no comments on the proposed review. Comments submitted on the proposed repeal and new rule are addressed in the separate concurrent rulemaking.

Issued in Austin, Texas, on April 22, 2002.

TRD-200202547

Mary Ross McDonald

Deputy General Counsel

Railroad Commission of Texas

Filed: April 25, 2002


The Railroad Commission of Texas ("Commission") gives notice that, pursuant to Texas Government Code, §2001.039, it has completed the review of §7.60, relating to Suspension of Gas Utility Service Disconnection During Winter Months. As part of this review process but in a separate proceeding, the Commission adopted the repeal of §7.60 and new §7.460, relating to Suspension of Gas Utility Service Disconnection During Extreme Weather Emergency, which incorporates the requirements of House Bill 2806, 77th Legislature, 2001. The proposal regarding the repeal and adoption of the new section was filed with the Texas Register concurrently with the notice of review of §7.60. The Commission received six comments on proposed new §7.460, which are addressed in the adoption preamble, but received no comments on the notice of review. The Commission determined that the reasons for adopting the rule continue to exist.

Issued in Austin, Texas, on April 22, 2002.

TRD-200202548

Mary Ross McDonald

Deputy General Counsel

Railroad Commission of Texas

Filed: April 25, 2002


Texas Department of Transportation

Title 43, Part 1

The Texas Department of Transportation (department) readopts without changes Title 43 TAC, Part 1, §§21.1 - 21.15, Land Acquisition Procedures. The department repealed §§21.111-21.117, and adopted new §§21.111 - 21.118, relating to relocation assistance and benefits, effective March 21, 2002 (27 TexReg 2071). The department repealed §§21.171, 21.181, 21.182, 21.191, 21.201, 21.211, 21.212, 21.221 - 21.224, 21.231, 21.241, 21.251, 21.261, 21.262, 21.271, 21.281 - 21.286, 21.301, 21.311, and 21.312 and adopted new §§15.130 - 15.136, relating to road utility districts, effective February 20, 2002 (27 TexReg 1184).

The review was conducted in accordance with Government Code, §2001.039.

The proposed review was published in the March 1, 2002, issue of the Texas Register (27 TexReg 1538). No comments were received regarding the readoption of these rules. The Texas Transportation Commission has reviewed these sections and determined that the reasons for adopting them continue to exist.

TRD-200202557

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: April 26, 2002


Texas Workers' Compensation Commission

Title 28, Part 2

In accordance with the General Appropriation 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, and pursuant to the notice of intention to review published in the November 2, 2001 issue of the Texas Register (26 TexReg 8856) the Texas Workers' Compensation Commission (the commission) has reviewed and considered for readoption the following rule in Title 28, Part 2 of the Texas Administrative code

CHAPTER 104. GENERAL PROVISIONS -- RULE-MAKING.

§104.1. Contents of Rule-making Petitions.

The commission has assessed whether the reason for adopting or readopting this rule continues to exist. No comments were received regarding the review of this rule.

As a result of the review, the commission has determined that the reason for adoption of this rule continues to exist. Therefore, the commission readopts Chapter 104. If the commission determines that this rule should be revised, the revision will be accomplished in accordance with the Administrative Procedure Act.

TRD-200202623

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: April 26, 2002


In accordance with the General Appropriation 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, and pursuant to the notice of intention to review published in the November 2, 2001 issue of the Texas Register (26 TexReg 8856) the Texas Workers' Compensation Commission (the commission) has reviewed and considered for readoption the following rule in Title 28, Part 2 of the Texas Administrative code

CHAPTER 108. FEES.

§108.1. Charges for Copies of Public Information.

The commission has assessed whether the reason for adopting or readopting this rule continues to exist. No comments were received regarding the review of this rule.

As a result of the review, the commission has determined that the reason for adoption of this rule continues to exist. Therefore, the commission readopts Chapter 108. If the commission determines that this rule should be revised, the revision will be accomplished in accordance with the Administrative Procedure Act.

TRD-200202624

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: April 26, 2002