Proposed Rule Reviews
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 55, Requests
for Reconsideration and Contested Case Hearings; Public Comment, without changes.
Any updates, consistency issues, or other changes, if needed, will be addressed
in a separate rulemaking.
This review of Chapter 55 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 55 addresses avenues for public participation in the permitting
process for water, waste, and air applications. Specifically, Chapter 55 contains
procedures and processes relating to requests for contested case hearings
and requests for reconsideration. Chapter 55 also addresses procedures and
processes related to public meetings and the submittal of public comments.
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 55 continue to exist. The rules are needed to ensure
that members of the public are provided the opportunity to participate in
the permitting process for water, waste, and air applications. The rules implement
Texas Water Code, §5.102, which establishes the commission's general
authority necessary to carry out its jurisdiction; §5.103, which establishes
the commission's general authority to adopt rules necessary to carry out its
powers and duties; §5.105, which establishes the commission's authority
to set policy by rule; §5.115, which establishes the commission's authority
to adopt rules for notices of application; Chapter 5, Subchapter M, which
establishes environmental permitting procedures; §26.011, which establishes
the commission's authority to adopt rules for the control of waste discharges
or impending waste discharges affecting the quality of water in the state;
and §26.028, which requires that notice of applications for water quality
permits, permit amendments, and permit renewals be provided to persons who
in the judgment of the commission may be affected by the applications; Texas
Health and Safety Code, §361.024, which establishes the commission's
authority to adopt rules for the control of solid waste; §361.082, which
establishes the commission's authority to adopt rules for notice and hearing
for hazardous waste permits; §382.017, which establishes the commission's
rulemaking authority under the Texas Clean Air Act; §382.056, which establishes
the commission's authority to adopt rules regarding notice and public comment;
and §401.051, which establishes the commission's authority to adopt the
rules for control of radiation; and Texas Government Code, §2001.004,
which requires state agencies to adopt procedural rules; and §2001.052,
which prescribes the contents of notice for contested case hearings.
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 this preliminary review of the rules in Chapter 55. 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 2003-022-055-AD. Comments must
be received in writing by 5:00 p.m., June 16, 2003. For further information
or questions concerning this proposal, please contact Jill Burditt, Policy
and Regulations Division, at (512) 239-0560.
TRD-200302722
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: May 2, 2003
The Texas Commission on Environmental Quality (commission) files this notice
of intention to review and proposes the readoption of Chapter 80, Contested
Case Hearings, without changes. Any updates, consistency issues, or other
changes, if needed, will be addressed in a separate rulemaking.
This review of Chapter 80 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. A
review must include an assessment of whether the reasons for the rules continue
to exist.
CHAPTER SUMMARY
Chapter 80 governs the referral, oversight, and management of contested
case hearings by the State Office of Administrative Hearings (SOAH) subject
to the commission's jurisdiction under the Texas Water Code (TWC), the Texas
Health and Safety Code (THSC), and the Texas Local Government Code. Subchapter
A provides a general framework for the oversight of judges, referrals to SOAH,
representation at hearings, the conduct and decorum of participants, consolidation
and severance of issues and parties, ex parte communications, the burden of
proof, audio recording of proceedings, witness fees, transcriptions of hearings,
withdrawing of an application, the form of pleadings, amended and supplemental
pleadings in enforcement cases, motions, and lost records and papers. Subchapter
C provides the procedures in contested case hearings, including: remand matters
to the executive director, the procedure before a preliminary hearing, preliminary
hearings, sanctions, executive director party status in permit hearings, designation
of parties, appearances, the rights of parties, the order of presentation,
the administrative record, continuances, agreements, public comment in direct
referral cases, evidence, the specific admissibility of evidence for concrete
batch plants, objections, interlocutory appeals and certified questions, oral
arguments, the submission of findings of fact and conclusions of law, and
summary disposition. Subchapter D deals with the discovery process and the
issuance and use of subpoenas. Subchapter F addresses post hearing procedures,
including: proposals for decision, settlement of enforcement cases, waiver
of rights to review judge's proposal, pleadings following proposals for decision,
amending the proposal for decision, the scheduling of commission meetings,
the oral presentation before the commission, reopening the record, decisions,
the commission's decision after a contested enforcement case hearing, motions
for rehearing, decision final and appealable, motions for rehearing not required
in certain cases, the appeal of final decisions, appeals of enforcement orders,
and the cost of record on appeal.
PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO
EXIST
The commission has conducted a preliminary review of the rules under Chapter
80 and has determined that the reasons for adopting these rules continues
to exist. These rules are needed to implement TWC, Chapters 5, 7, 11 - 13,
26, 27, 37, 49 - 51, 53, 54, 58, 59, 65, and 66; THSC, Chapters 341, 361,
366, 382, and 401; Texas Local Government Code, Chapter 375 and §395.080;
and Texas Government Code, Chapters 2001 and 2003. The commission invites
comments on whether the reasons for the rules in Chapter 80 continue to exist.
This proposal is limited to the review in accordance with the requirements
of Texas Government Code, §2001.039. The commission invites comments
on whether the reasons for the rules in Chapter 80 continue to exist, as well
as on any corrections or other revisions that could be considered in the aforementioned
future rulemaking.
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 this preliminary review of the rules in Chapter 80. Comments may be submitted
to Angela Slupe, Office of Environmental Policy, Analysis, and Assessment,
Mail Code 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512)
239-4808. All comments should reference Rule Log Number 2003-021-080-AD. Comments
must be received in writing by 5:00 p.m., June 16, 2003. For further information
or questions concerning this proposal, please contact Jill Burditt, Policy
and Regulations Division, at (512) 239- 0560.
TRD-200302723
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: May 2, 2003
The Texas Commission on Environmental Quality (commission) files this notice
of intention to review Chapter 328, Waste Minimization and Recycling, and
proposes the readoption of Chapter 328, without changes. Any additional updates,
consistency issues, or other changes, if needed, will be addressed in a separate
rulemaking.
This review of Chapter 328 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 328 provides for regulations that support the diversion of materials
from solid waste streams for reuse and recycling in a sustainable manner that
protects the environment, public health, and safety.
Subchapter A contains general, operational, reporting, and record keeping
requirements for recycling facilities. Subchapter B provides a reporting format
by which to measure progress toward the state's recycling goals, and standards
for the calculation of recycling rates, waste stream reduction, and per capita
waste generation rates.
Subchapter C establishes procedures and requirements for the sale, transportation,
recycling, and disposal of lead-acid batteries. Subchapter D contains regulations
for the collection, transport, storage, and recycling of used oil filters
not regulated as hazardous waste, including registration and reporting requirements,
spill prevention and control, and a ban on landfill disposal. Subchapter E
describes eligibility requirements and procedures for the administration of
assistance grants relating to household do-it-yourself used oil collection,
reuse, and recycling. Subchapter F establishes required procedures for the
storage, transportation, processing, utilization, and disposal of used or
scrap tires or tire pieces.
Subchapter G establishes target percentages for the manufacture and use
of recycled-content newsprint in Texas for the years 1993 - 2000, including
requirements for recordkeeping and reporting. The target percentages for the
years 1993 - 2000 continue to be effective after the year 2000. Subchapter
G also describes the commission's responsibilities regarding data collection
and industry consultation in pursuit of these goals, and its authority to
adopt mandatory enforcement measures in the event the goals are not reached.
Subchapter H establishes procedures and requirements for the manufacture
and distribution of plastic bottles and other rigid plastic containers, specifying
a symbol and numerical codes to be imprinted on each container to facilitate
recycling.
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 328 continue to exist. These rules are needed to
implement Texas Health and Safety Code, (THSC), Chapter 361, the Solid Waste
Disposal Act; Chapter 371, Used Oil Collection, Management and Recycling Act;
and Chapter 369, Plastic Containers.
Subchapter A fulfills the statutory requirement of THSC, §361.119,
for the regulation of certain facilities as recycling facilities.
Subchapter B provides a mechanism to gauge progress toward the state's
waste reduction and recycling goal, as required by THSC, §361.422, and
to be considered in the state's Comprehensive Municipal Solid Waste Management
Strategic Plan under THSC, §361.0201.
Subchapter C implements the requirements for the management of lead-acid
batteries in THSC, Chapter 361, §§361.451 - 361.454.
Subchapter D fulfills the requirements of THSC, §§371.101 - 371.110,
and 40 Code of Federal Regulations Part 279.
Subchapter E implements THSC, §371.023, Grants to Local Governments
and Private Entities, in support of used oil recycling.
Subchapter F implements the legal requirements of THSC, §361.112,
Storage, Transportation, and Disposal of Used or Scrap Tires.
Subchapter G implements THSC, §361.430, Newsprint Recycling Program,
to develop markets and production facilities for recycled-content newsprint;
and §361.423, outlining the agency's role as a member of the Recycling
Market Development Board.
Subchapter H implements the coding system for plastic containers prescribed
in THSC, §§369.001 - 369.003.
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 this preliminary review of the rules in Chapter 328. 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 2003-020-328-WS. Comments must
be received in writing by 5:00 p.m., June 16, 2003. For further information
or questions concerning this proposal, please contact Emily Barrett, Policy
and Regulations Division, at (512) 239- 3546.
TRD-200302746
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: May 2, 2003
Title 22, Part 11
The Board of Nurse Examiners will review and consider whether to re-adopt,
re-adopt with amendments, or repeal title 22 of the Texas Administrative Code,
part 11, chapter 217, relating to Licensure, Peer Assistance, and Practice.
This review is done pursuant to Texas Government Code §2001.039.
The Board will assess whether the reason(s) for adopting or re-adopting
this chapter continues to exist. The Advisory Committee on Education (ACE)
is reviewing each section of this chapter to determine whether it is obsolete,
reflects current legal and policy considerations, reflects current procedures
and practices of the Board, and/or whether it is in compliance with chapter
2001 of the Texas Government Code (Administrative Practice Act).
Comments on the review may be submitted in writing within 30 days following
the publication of this rule review in the
Texas
Register
to Katherine Thomas, Executive Director, 333 Guadalupe, Ste.
3-460, Austin, Texas 78701. Any proposed changes to the sections of this chapter
as a result of the review will be published in the Proposed Rule Section of
the
Texas Register
and will be open for an
additional 30 day public comment period prior to final adoption of any repeal,
amendment, or re-adoption.
TRD-200302770
Katherine Thomas
Executive Director
Board of Nurse Examiners
Filed: May 2, 2003
Title 28, Part 2
The Texas Workers' Compensation Commission files this notice of intention
to review the rules contained in Chapter 63, concerning Promptness of First
Payment. 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 following rule contained in this chapter
continues to exist and it proposes to readopt this rule:
§63.10 - Sanctions for Late Payment
The agency's reason for adopting the following rule no longer exists and
therefore, this rule is not recommended for readoption:
§65.5. Quarterly Report
Comments regarding whether the reason for adopting these rules continues
to exist must be received by 5:00 p.m. on June 16, 2003, and submitted to
Nell Cheslock, Legal Services, MS 4-D, Texas Workers' Compensation Commission,
Southfield Building, 4000 South IH-35, Austin, Texas 78704-7491.
TRD-200302724
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: May 2, 2003
Office of the Secretary of State
Title 1, Part 4
The Office of the Secretary of State has completed the review of Chapters
71, 72-76, 78-81, 83, 87, 91, 93, 95-97, and 101-105. These rules are readopted
in accordance with the requirements of the Government Code, §2001.039,
which directs state agencies to review and consider for readoption each of
their rules every four years. The Office proposed the review of its rules
in the January 3, 2003,
Texas Register
(28
TexReg 373). The Office has determined that the reasons for adopting these
chapters continue to exist.
The Office has determined to propose amendments to Chapter 71, to revise
rules concerning Service of Process, Special Services, and Credit Card Payment
Options. An amendment is needed to clarify that entities other than corporations
may be served through the Secretary of State. Chapter 71 also will be amended
to update the Office's special services and credit card payment policies.
The Office has determined to propose amendments to Chapter 79, concerning
Corporations. The amendments will address electronic filing procedures and
to revise the rules in accordance with current practice.
The Office has determined to propose amendments to Chapter 80, concerning
Unincorporated Business Entities. The amendments will address electronic filing
procedures and revise the rules in accordance with current practice.
The Office has determined to propose amendments to Chapter 83, concerning
Limited Partnership. The amendments will address electronic filing procedures
and revise the rules in accordance with current practice.
The Office has determined to propose amendments to Chapter 87, concerning
Notaries Public. The amendments will revise the rules to update mailing addresses
and indicate the electronic availability of the notary public forms.
The Office this year made revisions to Chapter 91, concerning the
The Office will propose amendment to Chapter 93, concerning Trademarks.
The amendments will address electronic filing procedures and revise the rules
in accordance with current practice.
The Office has determined to propose amendments to Chapter 97, concerning
Business Opportunities. The amendments will revise the rules to update mailing
addresses and statutory citations, and indicate the electronic availability
of business opportunity forms.
The Office has determined to propose amendments to Chapter 102, concerning
Health Spas. The amendments will revise the rules to update statutory citations
and the Internet addresses for health spa forms.
The Office has determined to propose amendments to Chapter 105, Subchapter
A., concerning Public Safety Solicitations. The amendments will revise the
rules to indicate the electronic availability of telephone solicitation forms.
The Office has determined to propose amendments to Chapter 105, Subchapter
B, concerning Veterans Solicitations. The amendments will revise the rules
to indicate the electronic availability of telephone solicitation forms.
The Office has determined to propose amendments to Chapter 105, Subchapter
C, concerning Telephone Solicitations. The amendments will revise the rules
to update statutory citations and indicate the electronic availability of
telephone solicitation forms.
No comments were received concerning the proposed review of the following
chapters:
71. General Policies and Procedures
72. State Seal
73. Statutory Documents
74. Credit Services Organizations
75. Automobile Club
76. Use of a Deceased Individual's Name, Voice, Signature, Photograph,
or Likeness
78. Athlete Agents
79. Corporations
80. Unincorporated Business Entities
81. Elections
83. Limited Partnership
87. Notary Public
91. Texas Register
93. Trademarks
95. Uniform Commercial Code
96. Electric Utility Transition Property Notice Filings
97. Business Opportunity
101. Practice and Procedure Before the Office of the Secretary of State
102. Health Spas
103. Membership Camping Resorts
104. Wrestling Promoters
105. Solicitations
TRD-200302744
Geoffrey S. Connor
Assistant Secretary of State
Office of the Secretary of State
Filed: May 2, 2003
Title 31, Part 17
The State Soil and Water Conservation Board readopts without changes, under
Title 31, Part 17, Chapter 517, Financial Assistance, Chapter 519, Technical
Assistance, Chapter 521, Agricultural Water Conservation, and Chapter 523,
Agricultural and Silvicultural Water Quality Management in accordance with
Article IX, §167 of the Appropriation's Act.
The proposed review was published in the April 11, 2003, issue of the
No comments were received regarding the adoption of these chapters.
TRD-200302721
James M. Moore
Executive Director
Texas State Soil and Water Conservation Board
Filed: May 1, 2003
Board of Nurse Examiners
Texas Workers' Compensation Commission
Adopted Rule Reviews
Texas State Soil and Water Conservation Board