Part 1.
RAILROAD COMMISSION OF TEXAS
Chapter 7.
GAS SERVICES DIVISION
Subchapter B. SPECIAL PROCEDURAL RULES
16 TAC §7.46
The Railroad Commission of Texas files its Notice of Renewal
of Effectiveness of Emergency Action with respect to emergency rule §7.46,
relating to Relief for Victims of Hurricane Katrina, adopted on an emergency
basis on September 27, 2005, for an initial effective period of 120 days.
The emergency rule was published in the October 14, 2005, issue of the
1. On Monday August 29, 2005, Hurricane Katrina struck the Gulf Coast of
the United States causing significant damage in Louisiana, Mississippi and
Alabama.
2. The destruction of large areas of the U.S. Gulf Coast by Hurricane Katrina
caused tens of thousands of displaced residents to be evacuated or relocated
to Texas. Many of these persons may not be able to return to their homes for
an indefinite length of time.
3. On September 1, October 3, October 31, and December 1, 2005, Governor
Perry issued disaster proclamations certifying that Hurricane Katrina created
and continues to create emergency conditions for the people of Texas.
4. A potential hurdle for evacuees trying to transition to more permanent
housing will be deposits for utility services. Under the Commission's current
rules, a deposit for residential gas service can equal two months of service.
Many evacuees who might otherwise have had the means to pay a deposit may
still be cut off from bank accounts and other financial resources. Many of
those on fixed incomes may still be cut off from retirement and other benefits
such as Social Security and Veteran's benefits. Finally, many of the evacuees
are low-income and simply will not have the financial means to pay a service
deposit now that they are homeless and may still be unemployed.
5. Waiving deposit requirements for gas utility service at this time and
allowing evacuees to establish satisfactory credit simply by demonstrating
their status as a victim of this disaster would remove a significant hurdle
for individuals moving out of temporary housing, and is therefore a reasonable
and necessary step to help these stranded people regain control of their lives.
6. Because Texas Utilities Code, §104.005, provides that a gas utility
may not charge or receive from a person a lesser compensation for a service
than the compensation prescribed by the applicable schedule of rates, and
a person may not knowingly receive or accept a service from a gas utility
for a lesser compensation than that prescribed by the schedules, it is necessary
and appropriate for the Commission to adopt a rule authorizing utilities to
deviate from the deposit requirements and amounts set forth in their tariffs,
to the extent permitted in the emergency rule.
7. Many of the persons who have evacuated to Texas may still have limited
means of identifying themselves as having been displaced from their homes
due to Hurricane Katrina. Accordingly, it is the Commission's intent that,
in determining whether a person has evacuated to Texas as a result of Hurricane
Katrina, gas utilities recognize a driver's license from Alabama, Louisiana,
and Mississippi, or documentation of a person's status as a claimant of benefits
offered by FEMA; the American Red Cross or other recognized, legitimate private
relief agency; or a state or local jurisdiction or other public aid agency
as sufficient to obtain the benefits of the emergency rule.
8. It is the intent of the Commission that emergency rule §7.46 be
effective for an additional period of 60 days following the initial effective
period of 120 days.
Issued in Austin, Texas on December 13, 2005.
Filed with the Office of
the Secretary of State on January 5, 2006.
TRD-200600064
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Original Effective Date: September 27, 2005
Expiration Date: March 25, 2006
For further information, please call: (512) 475-1295
Chapter 82.
BARBERS
16 TAC §82.2
The Texas Department of Licensing and Regulation is renewing
the effectiveness of the emergency adoption of new §82.2, concerning
emergency provisional certificates and licenses in the barbers program for
a 60-day period. The text of the new section was originally published in the
September 23, 2005, issue of the
Texas Register
(30
TexReg 6000).
Filed with the Office of
the Secretary of State on January 5, 2006.
TRD-200600065
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Original Effective Date: September 8, 2005
Expiration Date: March 6, 2006
For further information, please call: (512) 463-7348
Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION
Chapter 83.
COSMETOLOGISTS