Agency Rule Review Plan--Revised
Texas Education Agency
Title 19, Part 2
TRD-200403337
Filed: May 17, 2004
Texas Education Agency
Title 19, Part 2
The Texas Education Agency (TEA) proposes the review of 19 TAC Chapter
66, State Adoption and Distribution of Instructional Materials, 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 66 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-200403336
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: May 17, 2004
Title 16, Part 1
The Railroad Commission of Texas files this notice of intention to review
and readopt 16 Texas Administrative Code Chapters 11 and 12, relating to Surface
Mining and Reclamation Division and Coal Mining Regulations, respectively.
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 some
amendments to §12.108, regarding Permit Fees. The proposed amendments
will be filed with the
Texas Register
concurrently
with this proposed review. In addition, the Commission currently has pending
a proposal to amend §§12.3, 12.142, 12.145, 12.384, and 12.385,
regarding the use of coal combustion products and by-products. This proposal
was published in the November 28, 2003, issue of the
Texas Register
(28 TexReg 10591).
The Commission also notes that in the April 9, 2004, issue of the
Comments on the proposal may be submitted to Rules Coordinator, Office
of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin,
Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or
by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will
accept comments for 30 days after publication in the
Texas Register
. The Commission encourages all interested persons to
submit comments no later than the deadline. The Commission cannot guarantee
that comments submitted after the deadline will be considered. For further
information, call Melvin Hodgkiss, Director, Surface Mining and Reclamation
Division, at (512) 463-6901. The status of Commission rulemakings in progress
is available at www.rrc.state.tx.us/rules/proposed.html.
Issued in Austin, Texas, on May 11, 2004.
TRD-200403231
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Filed: May 13, 2004
Texas Education Agency
Title 19, Part 2
The Texas Education Agency (TEA) adopts 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.
The TEA proposed the review of 19 TAC Chapter 100 in the March 26, 2004, issue
of the
Texas Register
(29 TexReg 3239).
The TEA finds that the reason for adopting 19 TAC Chapter 100 continues
to exist. The TEA received no comments related to the rule review requirement.
Simultaneous to the rule review, the TEA proposed amendments to §100.1
and §100.105, which may be found in the Proposed Rules section of the
March 26, 2004, issue (29 TexReg 3028). Subsequently, in response to action
taken by the State Board of Education during its May 7, 2004, meeting, the
TEA has filed a withdrawal of the amendment to §100.1 and the adoption
of the amendment to §100.105. The adoption creates application and selection
procedures that are unique to charters granted under Texas Education Code,
Chapter 12, Subchapter E, and can be found in the Adopted Rules section of
this issue. This concludes the review of 19 TAC Chapter 100.
TRD-200403334
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: May 17, 2004
The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 102,
Educational Programs, pursuant to the Texas Government Code, §2001.039.
The TEA proposed the review of 19 TAC Chapter 102 in the December 5, 2003,
issue of the
Texas Register
(28 TexReg 10977).
The TEA finds that the reasons for adopting 19 TAC Chapter 102, Subchapters
AA and BB, continue to exist. The TEA received no comments related to the
rule review requirement. Changes to Subchapter AA will be proposed in a future
issue of the
Texas Register
in order to update
the rule to address provisions resulting from Rider 49 of Article III, 78th
Texas Legislature, 2003, relating to the Head Start-Ready to Read Program.
Changes to Subchapter BB were necessary to update provisions to be consistent
with current application instructions for the Master Reading Teacher Grant
Program and to add provisions for the Master Mathematics Teacher Grant Program.
The TEA adopted revisions to 19 TAC Chapter 102, Subchapter BB, in the May
7, 2004, issue of the
Texas Register
(29 TexReg
4472).
This concludes the review of 19 TAC Chapter 102.
TRD-200403368
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: May 18, 2004
The Texas Education Agency (TEA) adopts 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. The TEA proposed the review
of 19 TAC Chapter 129 in the March 26, 2004, issue of the
Texas Register
(29 TexReg 3239).
The TEA finds that the reason for adopting 19 TAC Chapter 129 continues
to exist. The TEA received no comments related to the rule review requirement.
No changes are necessary as a result of the review. This concludes the review
of 19 TAC Chapter 129.
TRD-200403335
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: May 17, 2004
Title 30, Part 1
The Texas Commission on Environmental Quality (commission) adopts the rules
review and readopts Chapter 118, Control of Air Pollution Episodes, 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. The review did not identify any updates, consistency
issues, or other changes that need to be addressed. The notice of intention
to review was published in the December 12, 2003, issue of the
Texas Register
(28 TexReg 11117).
CHAPTER SUMMARY
Chapter 118 specifies actions to be taken by the commission and regulated
entities in preparation for, or in response to, an air pollution episode.
An episode is the existence of a widespread condition of air pollution that
creates an emergency requiring immediate action to protect human health or
safety. One of these episodes would cover a geographical area, involve a combination
of stagnating weather conditions and specified ambient levels of specified
pollutants, and remain for at least 12 hours. Under such conditions, the commission,
with the governor's concurrence, would order any contributing source to reduce
or discontinue the emission of air contaminants immediately.
Chapter 118 was first adopted on January 26, 1972, under provisions of
the 1971 Texas Clean Air Act, the 1970 Federal Clean Air Act, and the content
requirements for state implementation plans in the Code of Federal Regulations.
Several improvements were made to the chapter in 1975, 1987, 1989, and 2000.
In 1989, the chapter was revised to make its provisions consistent with new
requirements published by the United States Environmental Protection Agency.
In 2000, the chapter was revised to improve readability and to update references
and citations as part of the commission's regulatory reform goals.
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 118 continue to exist. The rules are necessary under current
provisions of Texas Health and Safety Code, Texas Clean Air Act, §382.026,
concerning Orders Issued Under Emergencies; and Texas Water Code, §5.514,
concerning Order Issued Under Air Emergency. In addition, Chapter 118 is the
state's means of complying with the federal requirements of 40 Code of Federal
Regulations Part 51, Subpart H, relating to Prevention of Air Pollution Emergency
Episodes; and is a part of the state implementation plan to attain the federal
national ambient air quality standards for ozone under 40 Code of Federal
Regulations §52.2270 which implements the Federal Clean Air Act, §110,
concerning Implementation Plans.
PUBLIC COMMENT
The public comment period closed on January 12, 2004. No comments were
received.
TRD-200403265
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: May 14, 2004
The Texas Commission on Environmental Quality (commission) adopts the rules
review and readopts Chapter 294, Groundwater Management Areas, 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. The notice of intention to review was published in
the January 16, 2004, issue of the
Texas Register
(29 TexReg 507).
CHAPTER SUMMARY
Chapter 294 provides for the designation of certain groundwater management
areas and the procedures for the designation of priority groundwater management
areas (PGMAs), including recommendations for the creation of groundwater conservation
districts. The chapter provides the designations and delineations of priority
groundwater management areas designated by commission rule prior to September
1, 2001, after which designations were made by commission order.
Subchapter A, Carrizo-Wilcox Aquifer, contains §294.1, Definitions; §294.2,
Designation of Management Area 3 of the Carrizo-Wilcox Aquifer; §294.3,
Designation of Management Area 4 of the Carrizo-Wilcox Aquifer; and §294.4,
Description of Boundaries.
Subchapter B, Antlers Sand Aquifer, contains §294.10, Definitions; §294.11,
Designation of Union Hill Underground Water Management Area of the Antlers
Sand Aquifer; and §294.12, Description of Boundaries.
Subchapter D, Priority Groundwater Management Areas, provides for the designations
and boundaries of three priority groundwater management areas and contains §294.30,
Purpose and Applicability; §294.31, Designation of Briscoe, Hale and
Swisher County Priority Groundwater Management Area; §294.32, Designation
of Dallam County Priority Groundwater Management Area; and §294.35, Designation
of Reagan, Upton, and Midland County Priority Groundwater Management Area.
Subchapter E, Designation of Priority Groundwater Management Areas, provides
for the identification, stakeholder notice, coordination with participating
agencies, and executive director report for priority groundwater management
area studies. The subchapter provides procedures including notice and hearing
for commission actions to consider designation of priority groundwater management
areas. The subchapter contains §294.39, Purpose; §294.40, Definitions; §294.41,
Priority Groundwater Management Area Identification, Study, and Executive
Director's Report Concerning Designation; §294.42, Commission Action
Concerning PGMA Designation; §294.43, Actions Required After PGMA Designation;
and §294.44, Adding a PGMA to an Existing Groundwater Conservation District.
Subchapter F, East Texas Groundwater Management Area, contains §294.60,
Purpose and Scope; §294.61, Definitions; §294.62, Designation of
East Texas Groundwater Management Area (ETGMA); and §294.63, Boundaries.
ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST
The commission conducted a review and determined that the reasons for Subchapters
D and E in Chapter 294 continue to exist. The rules are needed to implement
the requirements of Texas Water Code, Chapter 35, in order to identify, study,
and designate priority groundwater management areas in areas experiencing
or likely to experience critical groundwater problems in the next 25 years.
The name of the chapter should be changed to Priority Groundwater Management
Areas to better describe the purpose of the rules.
The reasons for Subchapters A, B, and F no longer exist, and these subchapters
are being repealed. Senate Bill 2, §2.22, 77th Legislature, 2001, transferred
the authority to designate groundwater management areas from the commission
to the Texas Water Development Board. These groundwater management areas are
no longer valid and should be repealed to avoid confusion with the Texas Water
Development Board groundwater management area designations.
PUBLIC COMMENT
The public comment period closed on February 17, 2004. No comments were
received.
TRD-200403264
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: May 14, 2004
Proposed Rule Reviews
Railroad Commission of Texas
Adopted Rule Reviews
Texas Commission on Environmental Quality