TITLE rule-review

Proposed Rule Reviews

Texas Department of Agriculture

Title 4, Part 1

The Texas Department of Agriculture (the department) proposes to review Title 4, Texas Administrative Code, Part 1, Chapter 13, concerning Grain Warehouse Regulation, pursuant to the Texas Government Code, §2001.039. Section 2001.039 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 original justification for the rules continues to exist.

The assessment of Title 4, Part 1, Chapter 13 by the department at this time indicates that Chapter 13 should be repealed in its entirety and replaced with a new Chapter 13, which will contain new grain warehouse regulations that have been updated and provide more comprehensive requirements and procedures for licensing of persons as grain warehouse operators. Accordingly, as part of the review process the department proposes the repeal of §§13.1-13.4 and new §§13.1-13.20. These may be found in the proposed rule section of this publication of the Texas Register .

The department is accepting comment on the review of Chapters 13. Comments on the review may be submitted within 30 days following the publication of this notice in the Texas Register to David Kostroun, Assistant Commissioner for Regulatory Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas, 78711.

TRD-200401906

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: March 15, 2004


Texas Education Agency

Title 19, Part 2

The Texas Education Agency (TEA) proposes the review of 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools; and Subchapter B, Home-Rule School District Charters, pursuant to the Texas Government Code, §2001.039.

As required by the Texas Government Code, §2001.039, the TEA will accept comments as to whether the reasons for adopting 19 TAC Chapter 100 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 this rule review may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028.

TRD-200401836

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: March 11, 2004


The Texas Education Agency (TEA) proposes the review of 19 TAC Chapter 129, Student Attendance, Subchapter A, Student Attendance Allowed; Subchapter B, Student Attendance Accounting; and Subchapter AA, Commissioner's Rules, pursuant to the Texas Government Code, §2001.039.

As required by the Texas Government Code, §2001.039, the TEA will accept comments as to whether the reasons for adopting 19 TAC Chapter 129 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 this rule review may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028.

TRD-200401837

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: March 11, 2004


Texas Department of Licensing and Regulation

Title 16, Part 4

The Texas Department of Licensing and Regulation (Department) files this notice of intent to review and consider for re-adoption, revision, or repeal, Title 16, Texas Administrative Code, Chapter 63, Personnel Employment Services. This review and consideration is being conducted in accordance with the requirements of Texas Government Code, §2001.039.

An assessment will be made by the Department as to whether the reasons for adopting or readopting these rules continue to exist. 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.

As required by Texas Government Code, §2001.039, any questions or written comments pertaining to this rule review may be submitted to Chris Kadas, General Counsel, P.O. Box 12157, Austin, Texas 78711, facsimile (512) 475-2872, or by e-mail, chris.kadas@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

Proposed changes to these rules as a result of the rule review will be published in the Proposed Rules section of the Texas Register . The proposed rules will be open for public comment prior to final adoption or repeal by the Department, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

16 TAC §63.1. Authority.

16 TAC §63.10. Definitions.

16 TAC §63.20. Certificate of Authority Requirements.

16 TAC §63.21. Certificate of Authority Application Process.

16 TAC §63.40. Security Requirements.

16 TAC §63.70. Responsibilities of the Certificate Holder-General.

16 TAC §63.80. Fees--Original Certificate of Authority.

16 TAC §63.81. Fees--Renewal Certificate of Authority.

16 TAC §63.82. Fees--Duplicate Certificate of Authority.

16 TAC §63.90. Administrative Penalties and Sanctions.

TRD-200401823

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: March 10, 2004


Texas Department of Mental Health and Mental Retardation

Title 25, Part 2

The Texas Department of Mental Health and Mental Retardation (TDMHMR) will review and consider for readoption, revision, or repeal Texas Administrative Code Title 25, Part 2, Chapter 419, Subchapter D, concerning Home and Community-based Services (HCS) Program. This review is in accordance with the requirements of the Texas Government Code, §2001.039, regarding agency review of existing rules.

During this review, TDMHMR will assess whether the reasons for initially adopting the subchapter continue to exist.

Interested persons are invited to submit written comments concerning the review of this subchapter to Linda Logan, Director, Policy Development, Texas Department of Mental Health and Mental Retardation, by mail to P.O. Box 12668, Austin, Texas 78711, or by fax to (512) 206-4744, within 30 days of publication of this notice.

TRD-200401875

Rodolfo Arredondo

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: March 12, 2004


Texas Savings and Loan Department

Title 7, Part 4

The Finance Commission of Texas ("Commission") files this notice of intention to review and consider for readoption, revision, or repeal, Texas Administrative Code, Title 7, Chapter 75 (§§75.1 - 75.10, 75.25 - 75.27, 75.31 - 75.39, 75.41, 75.81 - 75.91, and 75.121 - 75.127), relating to Applications and Chapter 77 (§§77.1 - 77.11, 77.31 - 77.33, 77.35, 77.51, 77.71 - 77.74, 77.91 - 77.96, 77.101 - 77.104, 77.106 - 77.113, and 77.115), relating to Loans, Investments, Savings, and Deposits.

The Commission undertakes its review pursuant to Government Code, §2001.039. The Commission will accept comments for 30 days following publication of the notice in the Texas Register as to whether reasons for adopting these chapters continue to exist.

Any questions or written comments pertaining to this notice of intention to review should be directed to John Fleming, General Counsel, Texas Savings and Loan Department, 2601 North Lamar, Suite 201, Austin, Texas 78705, or by e-mail to jfleming@tsld.state.tx.us. Any proposed changes to the rules as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for a separate 30-day public comment period prior to final adoption or repeal by the Commission.

TRD-200401878

John Fleming

General Counsel

Texas Savings and Loan Department

Filed: March 12, 2004


Adopted Rule Reviews

Texas Commission on Environmental Quality

Title 30, Part 1

The Texas Commission on Environmental Quality (commission) adopts the rules review and readopts Chapter 11, Contracts, without changes, in accordance with 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. Any updates, consistency issues, or other changes, if needed, will be addressed in a separate rulemaking. The notice of intention to review was published in the December 12, 2003 issue of the Texas Register (28 TexReg 11117).

CHAPTER SUMMARY

Chapter 11 stipulates how the commission will solicit, award, administer, and manage contracts. Subchapter A adopts by reference the rules in 1 TAC §§111.11 - 111.23 and §§111.26 - 111.28 that govern the use of the Historically Underutilized Business Program in awarding contracts. Subchapter B specifies the procedure a vendor would use to protest a commission action on a contract. Subchapter C adopts by reference the rules in 1 TAC §113.5(b) that govern bid opening and tabulation. Subchapter D specifies how the commission will handle Texas Government Code, Chapter 2260 contract claims against the agency asserted by a contractor. Subchapter E specifies contract monitoring roles and responsibilities. This rules review readopts the rules without any changes.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission conducted a review and determined that the reasons for the rules in Chapter 11 continue to exist. The rules are needed to manage contracts according to the laws of Texas.

Subchapter A implements Texas Government Code, §2161.003, which requires state agencies to adopt by reference the Texas General Services Commission (now called the Texas Building and Procurement Commission) rules regarding historically underutilized businesses.

Subchapter B implements Texas Government Code, §2155.076, which requires state agencies to establish protest procedures.

Subchapter C implements Texas Government Code, §2156.005, which requires state agencies to adopt Texas General Services Commission (now called the Texas Building and Procurement Commission) rules regarding bid opening and tabulation.

Subchapter D implements Texas Government Code, Chapter 2260, by establishing a procedure for the administrative processing of contractor claims for breach of written contracts with the commission.

Subchapter E implements Texas Government Code, §2261.202 (renumbered from §2259.202), by clearly defining contract monitoring roles and responsibilities.

PUBLIC COMMENT

The public comment period closed on January 12, 2004. No comments were received.

TRD-200401954

Kevin McCalla

Director, General Law Division

Texas Commission on Environmental Quality

Filed: March 15, 2004


The Texas Commission on Environmental Quality (commission) adopts the rules review and readopts Chapter 114, Control of Air Pollution from Motor Vehicles, without changes, in accordance with 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. Certain inconsistencies and errors were identified during the rules review and will be addressed in a future rulemaking action. The notice of intention to review was published in the December 5, 2003 issue of the Texas Register (28 TexReg 10978).

CHAPTER SUMMARY

Chapter 114 provides for the control of air pollution from motor vehicles. Subchapter A provides definitions for the chapter as a whole and for the various programs under the chapter. Subchapter B requires the maintenance of air pollution control equipment and devices on motor vehicles. Subchapter C, Division 1 provides regulations on the testing of exhaust emissions from motor vehicles in certain areas, including test requirements, test equipment maintenance and use, the early participation incentive program for reimbursements on equipment that is purchased early in some areas, and the fees for annual emissions tests; Division 2 provides rules for the Low Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program. Subchapter D provides the requirements for the use of oxygenated fuels in certain areas. Subchapter E provides requirements for low emissions vehicle fleets. Subchapter F, Division 1 provides the rules for the Texas Mobile Emission Reduction Credit Program and the Texas Mobile Emission Reduction Credit Fund; Division 2 covers the voluntary accelerated vehicle retirement program. Subchapter G provides for transportation planning, including both transportation conformity and transportation control measures. Subchapter H requires the use of low emissions fuels in certain areas: Division 1 provides gasoline volatility requirements; and Division 2 provides low emission diesel standards. Subchapter I provides for the regulation of non-road engines in certain areas: Division 3 provides large spark-ignition engines; and Division 6 provides lawn service equipment operating restrictions. Subchapter J, Division 1 provides motor vehicle idling limitations in certain areas. Subchapter K provides for mobile source incentive programs: Division 1 covers the on-road diesel vehicle purchase or lease incentive program; Division 2 covers the light-duty motor vehicle purchase or lease incentive program; and Division 3 covers the diesel emissions reduction incentive program for on-road and non-road vehicles, which applies to certain areas. Subchapter L, Division 1 provides emissions standards for heavy-duty diesel engines, covering model year 2005 and thereafter.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission conducted a review and determined that the reasons for the rules in Chapter 114 continue to exist. The rules are needed to control the formation of ground-level ozone; to reduce the emissions of hazardous air pollutants; and to reduce emissions of oxides of nitrogen, volatile organic compounds, and other pollutants in affected and nonattainment counties. 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; and §5.105, which establishes the commission's authority to set policy by rule. These rules also implement Texas Health and Safety Code, §382.002, which establishes the commission's purpose to safeguard the state air resources, consistent with the protection of public health, general welfare, and physical property; §382.011, which authorizes the commission to control the quality of the state air; §382.012, which establishes the commission's authority to prepare and develop a general comprehensive plan for the control of the state's air; §382.017, which establishes the commission's authority to adopt rules under the Texas Clean Air Act; §382.019, which establishes the commission's authority to adopt rules to control and reduce emissions from engines; Subchapter F, §§382.131 - 382.143, which establish the commission's authority to implement and administer an alternate fuels program; §382.208, which authorizes the commission to develop and implement transportation programs and other measures necessary to demonstrate and maintain attainment of national ambient air quality standards and to protect the public from exposure to hazardous air contaminants from motor vehicles; and Subchapter G, §§382.201 - 382.216, which establish the commission's authority to establish, implement, and administer a program requiring emissions-related inspections of motor vehicles to be performed at inspection facilities consistent with the Federal Clean Air Act. These rules, specifically Subchapters K and L, implement Texas Health and Safety Code, Chapter 386, Texas Emissions Reduction Program, which establishes the commission's authority to implement and develop a grants program to reduce diesel emissions in affected and nonattainment counties.

In addition, Chapter 114 implements 42 United States Code (USC), Federal Clean Air Act, and corresponding federal regulations. Specifically, Subchapter C implements 42 USC, §7511a(c)(3), Enhanced Vehicle Inspection and Maintenance Program, and 40 Code of Federal Regulations (CFR) Part 51, Subpart S, Inspection Maintenance Program Requirements. Subchapter D specifically implements 42 USC, §7545(m), concerning oxygenated fuels, and 40 CFR Part 80, Regulation of Fuels and Fuel Additives. Subchapter E specifically implements 42 USC, §7511a(c)(4), Clean Fuel Vehicle Programs; 42 USC, §7586, Centrally Fueled Fleets; and 40 CFR Part 88, Clean Fuel Vehicles. Subchapter G implements 40 CFR Part 93, Subpart A, relating to Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded, or Approved Under Title 23 United States Code or the Federal Transit Laws, which establishes policy, criteria, and procedures to demonstrate and assure conformity of transportation planning activities with the state implementation plan.

PUBLIC COMMENT

The public comment period closed on January 5, 2004. No comments were received.

TRD-200401955

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: March 15, 2004


The Texas Commission on Environmental Quality (commission) adopts the rules review and readopts Chapter 230, Groundwater Availability Certification for Platting, without changes, in accordance with 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. Any updates, consistency issues, or other changes, if needed, will be addressed in a separate rulemaking. The notice of intention to review was published in the December 19, 2003 issue of the Texas Register (28 TexReg 11361).

CHAPTER SUMMARY

Chapter 230 requires that the provisions of the chapter be followed in cases where municipal or county authorities require, as part of the plat application and approval process, certification be made that adequate groundwater is available for a proposed subdivision if groundwater under that land is to be the source of water supply. If required by the municipal or county authority, the provisions apply to the plat applicant and the Texas licensed professional engineer or the Texas licensed professional geoscientist. The certification must be prepared by a Texas licensed professional engineer or a Texas licensed professional geoscientist, and the plat applicant must provide the certification to the municipal or county authority on a form prescribed by the chapter that includes certain specific information.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission conducted a review and determined that the reasons for the rules in Chapter 230 continue to exist. The rules are needed to provide the form and content of a certification of groundwater availability for platting by municipal and county authorities as provided by Local Government Code, §212.0101 and §232.0032.

PUBLIC COMMENT

The public comment period closed on January 19, 2004. No comments were received.

TRD-200401956

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: March 15, 2003


The Texas Commission on Environmental Quality (commission) adopts the rules review and readopts Chapter 307, Texas Surface Water Quality Standards, without changes, in accordance with 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. Any updates, consistency issues, or other changes, if needed, will be addressed in a separate rulemaking. The notice of intention to review was published in the November 21, 2003, issue of the Texas Register (28 TexReg 10515).

CHAPTER SUMMARY

Chapter 307 contains the water quality standards and criteria which the commission uses to develop and authorize wastewater discharge authorizations, certify federal permits and licenses, and protect water body uses. Section 307.1 contains the general standards policy of the commission and the purpose for the chapter which includes: maintenance of the quality of water in the state for public health and enjoyment, propagation and protection of terrestrial and aquatic life, operation of existing industries, and economic development of the state. Section 307.2 defines basin classification categories and describes justifications for standards modifications. Section 307.3 defines terms and abbreviations used in the standards. Section 307.4 lists the general criteria which are applicable to all surface water in the state unless specifically exempted in §307.8, Application of Standards, or §307.9, Determination of Standards Attainment. Section 307.5 describes the antidegradation policy and the procedures to implement that policy. Section 307.6 establishes criteria and control procedures for specific toxic substances and total toxicity. Section 307.7 defines appropriate water uses and supporting criteria for site-specific standards. Section 307.8 sets forth conditions under which the standards do and do not apply. Section 307.9 describes sampling and analytical procedures to determine standards attainment. Section 307.10 lists site-specific standards and supporting information for each classified segment in Appendices A - C, site-specific standards for partially classified water bodies in Appendix D, and site-specific criteria that may be derived for any waters in the state in Appendix E.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission conducted a review and determined that the reasons for the rules in Chapter 307 continue to exist. The rules are needed to implement Texas Water Code, §26.023, Water Quality Standards. The rules also implement the Federal Water Pollution Control Act, §303(a) and (c) (commonly referred to as the Federal Clean Water Act, 1972, 33 United States Code, §1313(a) and (c)), which requires states to review and adopt water quality standards.

PUBLIC COMMENT

The public comment period closed on January 5, 2004. No comments were received.

TRD-200401889

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: March 15, 2004