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 344, Landscape
Irrigation, without changes. Any updates, consistency issues, or other changes,
if needed, will be addressed in a separate rulemaking.
This review of Chapter 344 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 344 provides for the regulation of landscape irrigation systems.
Subchapter A contains definitions that pertain to the entire chapter and license
requirements for persons working in the landscape irrigation field. Subchapter
B describes the makeup and functions of the Irrigator Advisory Council. Subchapter
C sets forth the requirements for displaying licenses and use of seals by
licensed professionals. Subchapter D provides standards for landscape irrigation
systems, including water conservation, backflow prevention, design and installation
standards, and compliance with local requirements, ordinances, and regulations.
Subchapter F sets standards of conduct for licensed irrigators and licensed
installers.
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 344 continue to exist. The rules are needed to implement
Texas Occupations Code, §1903.053, which authorizes the commission to
adopt standards to govern connection to a water supply by an irrigator or
installer, and allows adoption of standards for irrigation including water
conservation, irrigation system design and installation, and compliance with
municipal codes by an irrigator or installer, and Texas Occupations Code, §1903.251,
which prohibits a person from acting as an irrigator or installer without
being certified.
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 344. 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 Project Number 2004-020-344-WT. Comments
must be received in writing by 5:00 p.m., February 9, 2004. For further information
or questions concerning this proposal, please contact Emily Barrett, Policy
and Regulations Division, at (512) 239-3546.
TRD-200308883
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: December 23, 2003
Title 25, Part 1
The Texas Department of Health (department) will review and consider for
readoption, revision, or repeal Title 25, Texas Administrative Code, Part
1, Texas Department of Health, Chapter 37, Maternal and Infant Health Services,
Subchapter T, School-Based Health Centers, §§37.531 - 37.538.
This review is in accordance with the Texas Government Code, §2001.039
regarding agency review of existing rules.
An assessment will be made by the department as to whether the reasons
for adopting or readopting the rule continues to exist. This assessment will
be continued during the rule review process. Each rule will be reviewed to
determine whether it is obsolete, whether the rule reflects current legal
and policy considerations, and whether the rule reflects current procedures
of the department.
Comments on the review may be submitted in writing within 30 days following
the publication of this notice in the
Texas Register
to Linda Wiegman, Office of General Counsel, Texas Department of Health,
1100 West 49th Street, Austin, Texas 78756. Any proposed changes to this rule
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 or repeal by the department.
TRD-200308901
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: December 29, 2003
Title 40, Part 1
The Texas Department of Human Services (DHS) files this notice of intention
to review 40 TAC, Chapter 61 (Community Services--Volunteer Services), in
accordance with the Government Code, §2001.039. During this review, DHS
will assess whether the reasons for adopting this chapter continue to exist.
As required by §2001.039, DHS will accept comments on the proposed
review for 30 days following the publication of this notice in the
Texas Register
. Any questions or written comments should be directed
to Frances Rickard, Rules Unit-039, Texas Department of Human Services E-205,
P.O. Box 149030, Austin, Texas 78714-9030 or (512) 438-4162.
TRD-200308852
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Filed: December 22, 2003
Texas Department of Public Safety
Title 37, Part 1
The Texas Department of Public Safety (department) has reviewed Title 37,
Texas Administrative Code, Part 1, Chapters 6, 15, and 31 - 33. The notice
of intent to review was published in the June 13, 2003, issue of the
This review is in accordance with the requirements of Texas Government
Code, §2201.039, which requires state agencies to review and consider
for readoption each of their rules every four years.
As part of this review process but in a separate proposal, the department
has adopted amendments to Chapter 6, §§6.1, 6.2, 6.11, 6.13, 6.15,
6.16, 6.19, 6.20, 6.44, 6.63, 6.71, 6.89, 6.95, and 6.117 - 6.119; Chapter
15, §§15.1, 15.5 - 15.7, 15.21, 15.55, and 15.58; Chapter 31, §§31.4,
31.6, 31.7, 31.9, 31.10, and 31.12; and Chapter 32, §§32.1 - 32.8.
No comments were received regarding adoption of the review.
The agency's reason for adoption of the rules contained in these chapters
continues to exist.
This concludes the review of Chapters 6, 15, 31, and 32.
TRD-200308827
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Filed: December 19, 2003
Title 16, Part 8
The Texas Racing Commission adopts the review of 16 TAC Chapter 309, Racetrack
Licenses and Operations in accordance with Texas Government Code, §2001.039.
The Texas Racing Commission proposed the review of 16 TAC Chapter 309 in the
October 17, 2003, issue of the
Texas Register
(28
TexReg 9092).
The Texas Racing Commission finds that the reason for adopting 16 TAC Chapter
309 continues to exist, with amendments to §309.2 through §309.4, §309.6, §309.7, §309.9, §309.102, §309.116, §309.118, §309.125, §309.127, §309.129, §309.131, §309.151, §309.153, §309.154, §309.157, §309.160, §309.202,§309.206, §309.251, §309.252, §309.281, §309.295
through §309.298, §309.309, and §309.355, and the repeal of §309.119
and §309.121.
No comments were received during the comment period.
As a result of the review, the Texas Racing Commission adopts without changes
the amendments and the repeals, as proposed in the October 17, 2003, issue
of the
Texas Register
(28 TexReg 9025). The
amendments and repeals are necessary to reflect current legal and policy considerations,
as well as current procedures by the Texas Racing Commission. The adopted
amendments, and repeals may be found in the Adopted Rules section of the current
issue of the
Texas Register
. This concludes
the review of 16 TAC Chapter 309.
TRD-200308748
Nicole Galwardi
General Counsel
Texas Racing Commission
Filed: December 19, 2003
Title 16, Part 8
The Texas Racing Commission adopts the review of 16 TAC Chapter 311, Other
Licenses in accordance with Texas Government Code, §2001.039. The Texas
Racing Commission proposed the review of 16 TAC Chapter 311 in the October
10, 2003, issue of the
Texas Register
(28
TexReg 8968).
The Texas Racing Commission finds that the reason for adopting 16 TAC Chapter
311 continues to exist, with amendments to §311.1, §311.2, §311.6, §311.7, §311.101, §311.102, §311.104, §311.106
through §311.108, §311.207, §311.210, §311.211, §311.216,
and §311.301.
No comments were received during the comment period.
As a result of the review, the Texas Racing Commission adopts without changes
the amendments, as proposed in the October 10, 2003, issue of the
Texas Register
(28 TexReg 8761). The amendments are necessary to reflect
current legal and policy considerations, as well as current procedures by
the Texas Racing Commission. The adopted amendments may be found in the Adopted
Rules section of the current issue of the
Texas Register
. This concludes the review of 16 TAC Chapter 311.
TRD-200308808
Nicole Galwardi
General Counsel
Texas Racing Commission
Filed: December 19, 2003
Title 16, Part 1
The Railroad Commission of Texas files this notice of completion of the
review of §3.1 (commonly called Statewide Rule 1), relating to Organization
Report; Retention of Records; Notice Requirements. Notice of the proposed
review was published in the August 8, 2003, issue of the
Texas Register
(28 TexReg 6309).
In a separate but concurrent rulemaking, the Commission adopts amendments
to §3.1 in order to implement House Bill (HB) 2021, 78th Legislature
(2003), Regular Session, which became effective September 1, 2003. HB 2021
amends Texas Natural Resources Code, §91.142, by adding a new subsection
(h), which requires an entity required to file a P-5 Organization Report or
an affiliate of such an entity performing operations within the jurisdiction
of the Commission that files for federal bankruptcy protection to give written
notice to the Commission of the bankruptcy action by submitting the notice
to the Commission's Office of General Counsel not later than the 30th day
after the date of filing. The Commission received some comments on the proposed
amendments to §3.1, which are addressed in the adoption preamble filed
simultaneously with this notice; none of the comments specifically addressed
the review of §3.1.
The Commission has concluded from its assessment of §3.1 that the
reasons for initially adopting the rule continue to exist.
Issued in Austin, Texas, on December 22, 2003.
TRD-200308863
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Filed: December 22, 2003
Texas Department of Health
Texas Department of Human Services
Adopted Rule Reviews
Texas Racing Commission
Texas Racing Commission
Railroad Commission of Texas