TITLE rule-review

Agency Rule Review Plan

Texas Department of Criminal Justice

Title 37, Part 6

TRD-200300717

Filed: January 29, 2003


Proposed Rule Reviews

Texas Commission for the Blind

Title 40, Part 4

The Texas Commission for the Blind files this notice of intent to review and consider for readoption, revision, or repeal, Chapter 159 of its rules, pertaining to administrative rules and procedures. This review and consideration is being conducted in accordance with the requirements of Texas Government Code, §2001.039, added by Acts 1999, 76th Legislature, ch. 1499, §1.11(a).

The public is invited to make comments on the rules as they currently exist in 40 TAC, Part 4, Chapter 159. The comment period will last 30 days beginning with the publication of this notice of intention to review.

The Commission’s Board will consider comments received in response to this notice at a meeting tentatively scheduled in early May 2003. At the same meeting, the Board will assess whether the reason for adopting each of the rules in Chapter 159 continues to exist. Any changes to the rules proposed by the Commission after the Board's review of the chapter and consideration of comments received in response to this notice will appear thereafter in the proposed rules section of the Texas Register and will be adopted in accordance with state rule-making requirements.

Comments or questions regarding this rule review may be submitted in writing to Jean Crecelius, Policy & Rules Coordinator, Texas Commission for the Blind, P. O. Box 12866, Austin, TX 78711 or via facsimile at (512) 377-0682.

TRD-200300783

Terrell I. Murphy

Executive Director

Texas Commission for the Blind

Filed: January 31, 2002


Texas Commission on Environmental Quality

Title 30, Part 1

The Texas Commission on Environmental Quality (commission) files this notice of intention to review and proposes the readoption of Chapter 350, Texas Risk Reduction Program.

This review of Chapter 350 is proposed in accordance with the requirements of Texas Government Code, §2001.039, which requires 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 350 includes information and procedures necessary to demonstrate compliance with the Texas Risk Reduction Program. Chapter 350 outlines requirements for remedy standards to satisfy cleanup responsibilities at affected properties, including the relocation of soils containing chemicals of concern (COC) for reuse purposes; requirements for conducting property assessments, including groundwater resource classification, land use classification, notification requirements, and data acquisition and reporting requirements; requirements for establishing protective concentration levels of COC that can remain and still be protective of human and ecological health; requirements for affected property assessment reports, self-implementations notices, response action effectiveness reports, response action plans, response action completion reports, and post-response action care reports; requirements for the use of institutional controls which includes the filing/recording of a deed notice and Voluntary Cleanup Program certificate of completion; and requirements for establishing a facility operations area which addresses multiple sources of COCs, within an operational chemical or petroleum manufacturing plant, that is required to perform corrective action. This rule review proposes to readopt the rules without any changes.

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 350 continue to exist. The rules are needed to provide a consistent corrective action process directed toward protection of human health and the environment balanced with the economic welfare of the citizens of the state. The rules are based on the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, the rulemaking power granted the commission under Texas Water Code (TWC), Chapter 5, and the commission's responsibilities for protecting water quality under TWC, Chapter 26.

PUBLIC COMMENT

This proposal is limited to the review in accordance with the requirements of Texas Government Code, §2001.039. The commission invites public comment on whether the reasons for the rules in Chapter 350 continue to exist. Comments may be submitted to Angela Slupe, 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 2003-012-350- WS. Comments must be received in writing by 5:00 p.m., March 17, 2003. For further information or questions concerning this proposal, please contact Deborah Dyer, Policy and Regulations Division, at (512) 239-3972.

TRD-200300786

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: January 31, 2003


Texas Ethics Commission

Title 1, Part 2

In accordance with §2001.039, Government Code, and §1.11(b), Chapter 1499, Acts of the 76th Legislature, 1999, the Texas Ethics Commission proposes to review Title 1, Texas Administrative Code, Part 2, Chapters 6 (Organization and Administration), 8 (Advisory Opinions), and 10 (Ethics Training Programs). The reason for adopting the rules continues to exist.

Comments on the proposed review from any member of the public are solicited. A written comment should be mailed or delivered to Sarah Woelk, Texas Ethics Commission, P.O. Box 12070, Austin, TX 78711-2070, or by facsimile (FAX) to (512) 463-5777. A person who wants to offer spoken comments to the commission concerning the proposed review may do so at any commission meeting during the agenda item "Communication to the Commission from the Public." Information concerning the date, time, and location of commission meetings is available by telephoning (512) 463-5800 or, toll free in Texas, (800) 325-8506.

TRD-200300884

Karen Lundquist

Executive Director

Texas Ethics Commission

Filed: February 5, 2003


Texas Veterans Commission

Title 40, Part 15

The Texas Veterans Commission (TVC) will review and consider for re-adoption, Chapter 450 "Veterans County Service Officers Certification of Training", Chapter 451 "Veterans County Service Officers Accreditation" and Chapter 452 "Administrative General Provisions in accordance with the Texas Government Code, Section 2001.039. The rules to be reviewed are located in Title 40, Part 15, of the Texas Administrative Code.

As required by the Texas Government Code, Section 2001.039, the TVC will accept comments as to whether reasons for adopting these rules continue to exist. The comment period begins with the publication of this notice and must last a minimum of 30 days.

Comments or questions regarding these rules may be submitted in writing to Billy G. Green, Director of Human Resources and Administration, Texas Veterans Commission, P.O. Box 12277, Austin, Texas 78711-2277, (512) 463-5538.

TRD-200300866

James E. Nier

Executive Director

Texas Veterans Commission

Filed: February 4, 2003