Part 1.
RAILROAD COMMISSION OF TEXAS
Chapter 1.
PRACTICE AND PROCEDURE
Subchapter H. DECISION
16 TAC §1.144
The Railroad Commission of Texas adopts amendments to §1.144,
relating to Oral Argument Before the Commission, without changes to the version
published in the September 30, 2005, issue of the
Texas Register
(30 TexReg 6159). The Commission adopts the amendments
to bring the Commission's practice and procedure rule concerning oral argument
in line with the Railroad Commission Policy on Public Participation in Open
Meetings, adopted on September 7, 2005.
The amendments add detail and specificity to the rule in order to inform
and guide persons who wish to present oral argument before the Commission
in open meeting. Changes in subsection (a) provide that, prior to the final
disposition of any proceeding, any party may request oral argument before
the Commission. This request must be made by separate pleading or as part
of a party's exceptions, replies to exceptions, brief, reply brief, motion
for rehearing, or reply to a motion for rehearing. A party may not orally
request the opportunity to make oral argument at a Commission open meeting.
Subsection (b) provides that oral argument may be allowed at the discretion
of the Commission. Failure of the Commission to grant a request for oral argument
is deemed a denial of the request.
Subsection (c) provides that the Commission may request that parties to
any proceeding present oral argument.
Subsection (d) states that if the Commission will hear oral argument, the
Commission will determine the date, time, and order of the oral argument.
The Commission may request that parties focus their arguments on particular
issues in the case; determine the sequence in which parties will proceed,
and which party, if any, may close; impose time limits on all speakers; limit
or exclude unduly repetitious arguments and presentations; require that one
representative present the information and position of closely aligned persons
or entities; and set deadlines for filing additional information or briefs
in the case.
Subsection (e) provides that, in order to ensure that persons needing special
equipment or assistance are provided with the equipment or assistance, persons
who have a special request concerning the presentation of comments or oral
argument should contact the secretary of the Commission at least 48 hours
prior to the start of the open meeting. However, failure to make such a request
will not preclude a person from providing comment or oral argument. A special
request includes presentation of video or audio recordings; use of audio or
visual aids; and/or interpreters or other auxiliary aids, including accommodations
for the disabled.
Subsection (f) provides that the Commission will accept unsolicited comments
from elected officials when they are acting in their official capacities.
The Commission received no comments on the proposed amendments.
The Commission adopts the amendments under Texas Revised Civil Statutes,
Article 6447, which authorizes the Commissioners to make all rules necessary
for their government and proceedings; and Texas Government Code, §2001.004,
which requires state agencies to adopt rules of practice stating the nature
and requirements of all available formal and informal procedures.
Statutory authority: Texas Revised Civil Statutes, Article 6447,
and Texas Government Code, §2001.004.
Cross-reference to statute: Texas Revised Civil Statutes, Article 6447,
and Texas Government Code, §2001.004.
Issued in Austin, Texas, on January 10, 2006.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 10, 2006.
TRD-200600134
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Effective date: January 30, 2006
Proposal publication date: September 30, 2005
For further information, please call: (512) 475-1295
16 TAC §3.16
The Railroad Commission of Texas adopts amendments to §3.16,
relating to Log and Completion or Plugging Report, with one minor change to
the version published in the October 14, 2005, issue of the
Texas Register
(30 TexReg 6541).
The Commission adopts the amendments pursuant to the provisions of Texas
Natural Resources Code, §§91.551 - 91.556, relating to filing and
availability of electric logs. The amendments are necessary to implement changes
in Texas Natural Resources Code, §§91.551 - 91.554 and §91.556,
made by House Bill (HB) 484, 79th Legislature, Regular Session (2005), effective
September 1, 2005.
The amendments add new subsection (a) to §3.16, which provides definitions.
The definitions of "basic electric log," "drilling operation," "operator,"
and "well" are consistent with definitions in Texas Natural Resources Code, §91.551,
as amended by HB 484. Former subsection (a) is deleted, but its provisions,
with some amendments, are adopted in new subsections (b) and (c). New subsection
(b) requires that completion reports be filed within 30 days after the completion
of a well or within 90 days after the date on which the drilling operation
is completed, whichever is earlier. Amended completion reports must be filed
within 30 days of any physical changes made to a well, such as any change
in perforations, or openhole or casing records, and plugging reports must
be filed for a well that is a dry hole within 30 days after the well is plugged.
New subsection (c) requires, subject to the confidentiality provisions
of new subsection (d), that operators file basic electric logs not later than
the 90th day after the date a drilling operation is completed. This is consistent
with Texas Natural Resources Code, §91.552(a), as amended by HB 484.
"Basic electric log" is defined in new subsection (a) as a density, sonic,
or resistivity (except dip meter) log run over the entire wellbore. However,
new subsection (c) provides that in the event a basic electric log as defined
in new subsection (a) has not been run, subject to the Commission's approval,
an operator shall file a lithology log or gamma ray log of the entire wellbore.
In addition, new subsection (c) provides that in the event no log has been
run over the entire wellbore, subject to the Commission's approval, an operator
shall file the log which is the most nearly complete of the logs run.
Former subsection (b) is redesignated as subsection (d) and is amended
to clarify that this subsection applies to requests for delayed filing of
logs based on confidentiality and to clarify the time periods in which such
requests must be made.
Former subsection (c) is redesignated as subsection (e) with amendments
to clarify that this subsection applies to sanctions that may be imposed if
an operator fails to file either a completion report or log as required by §3.16,
as amended. New subsection (e) is consistent with current Commission policy.
The amendments are necessary to conform §3.16 to changes in Texas
Natural Resources Code, §§91.551 - 91.554 and §91.556, made
by HB 484. These amendments clarify the duty of operators to timely file completion
and plugging reports and basic electric logs. Former subsection (a) of §3.16
required that a completion report be filed within 30 days after the completion
of a well and that a basic electric log be attached to the completion report.
However, former §3.16 contained no clear standard as to when a well is
"completed," and this caused some operators to delay unreasonably the filing
of completion reports and logs. This, in turn, resulted in some requests for
delayed filing of logs based on confidentiality for periods of time beyond
that contemplated by current §3.16.
Timely filing of completion reports and logs is deemed important to the
accomplishment of the Commission's mission. Information in completion reports
assists the Commission in making a determination that a well has been drilled,
cased, cemented, and otherwise equipped in conformity with Commission rules
to protect usable quality water. Completion information is also necessary
to enable the Commission's Field Operations staff to determine the manner
in which a well should be plugged or reworked to solve a particular wellbore
problem that may pose a threat of pollution of usable quality water or other
hazard to the public health and safety. Completion reports also provide test
information required by Commission rules, are used to create a well record
in the Commission's database, and provide information necessary for the setting
of well allowables.
Logs filed by operators are used by Commission staff for multiple purposes,
including, among others, new or proper field designations, discovery allowable
determinations, two-factor allocation determinations, high cost gas determinations,
determinations of formation characteristics relative to fluid injection or
storage wells, and determinations as to whether wells have been properly cased
and cemented. Logs filed with the Commission also provide information useful
to the industry regulated by the Commission for purposes of reservoir engineering
or geological assessment and provide a source of information potentially useful
to the Commission in making determinations as to well density and well spacing
in field rules and/or applications for exceptions to well density or well
spacing requirements.
New subsection (b) of §3.16 clarifies that completion reports are
required to be filed within 30 days after the completion of a well or within
90 days after the date on which the drilling operation is completed, whichever
is earlier. New subsection (c) will require that, subject to a request for
delayed filing based on confidentiality, basic electric logs be filed not
later than the 90th day after the date on which a continuous effort to drill
or deepen a wellbore has ended. The definition of "Basic electric log" in
new subsection (a) is adopted because density, sonic, or resistivity (except
dip meter) logs are the type of logs that provide the most useful information
for the Commission's purposes. The intent of the amendments is that one of
these types of logs be filed if such a log has been run. Lithology logs and
gamma ray logs are less useful, but, subject to the Commission's approval,
new subsection (c) will allow the filing of such logs in the event that no
density, sonic, or resistivity log has been run.
The Commission received comments from one association, Texas Independent
Producers & Royalty Owners Association ("TIPRO") and from one operator,
XTO Energy ("XTO"). TIPRO first suggested that definitions of "operator,"
"well," and "drilling operation" in paragraphs (2) through (4) of proposed §3.16(a)
be changed to conform to definitions of the same or similar terms in other
Commission rules. The Commission adopts §3.16(a)(2) through (4) without
change from the proposed version, because the definitions of "operator," "well,"
and "drilling operation" are the definitions adopted by the Legislature in
Texas Natural Resources Code, §91.551(a), as amended by HB 484, effective
September 1, 2005, relating to Subchapter M, Chapter 91, requirements for
filing of logs associated with well completions.
TIPRO also suggested that proposed §3.16(b) be changed in order to
clarify that amended completion and plugging reports must be filed within
30 days after the end of the work on a well bore. More particularly, TIPRO
suggested that proposed §3.16(b) be changed to provide that amended completion
reports must be filed within 30 days of any physical changes made to the well,
such as perforations, casing strings, or open hole alterations. Although the
portion of §3.16(b) relating to filing of amended completion reports,
as proposed, did not change the corresponding provision of former §3.16(a),
the Commission agrees that the new language suggested by TIPRO, with minor
modification, clarifies §3.16(b) and does not materially change the corresponding
requirements of former §3.16(a) or current Commission practice. The Commission
adopts §3.16(b) with changes to incorporate TIPRO's suggested language,
with a minor modification. The Commission has made a minor change to TIPRO's
suggested language to make it consistent with current Commission practice
regarding the filing of amended completion reports. As adopted, §3.16(b)
provides that the operator of a well shall file an amended completion report
within 30 days of any physical changes made to the well, such as any change
in perforations, or openhole or casing records.
TIPRO further suggested that proposed §3.16(d) be changed to provide
that an operator who fails to file timely a request for delayed filing of
a log based on confidentiality may nonetheless request such delayed filing,
subject to the Commission's approval and the right of the Commission to assess
a late filing fee or to initiate penalty action prior to approval. The Commission
declines to adopt this suggested change because Texas Natural Resources Code, §91.553,
as amended by HB 484, effective September 1, 2005, does not permit it. Pursuant
to §91.553(b), a request for delayed log filing for the initial one year
confidentiality period must be filed not later than 90 days after a drilling
operation is completed. Under §91.553(c), a request for delayed log filing
for an additional two year confidentiality period must be made before the
initial one year confidentiality period has expired. Under §91.553(d),
a request for delayed log filing for a further two year confidentiality period
in the case of a well submerged in state water must be filed before the expiration
of the previous two year confidentiality period. Pursuant to §91.553(f),
an operator who fails to timely file a request under §91.553(b), (c),
or (d) must file the log with the Commission immediately after the conclusion
of the period for filing the request. Accordingly, the Commission adopts §3.16
without changes.
XTO generally supported the proposed amendments, but suggested that the
Commission consider extending confidentiality to logs filed to support applications
for Texas severance tax incentive certification. The confidentiality concerns
expressed by XTO may warrant further study, but they are beyond the scope
of this rulemaking, which concerns required log filing associated with well
completions. No notice has been provided that the Commission would consider
adoption of rules relating to confidentiality of logs filed in support of
applications for Texas severance tax incentive certification. Accordingly,
the Commission adopts §3.16 without changes to address the concerns expressed
by XTO.
The Commission adopts the amendments to §3.16 pursuant to Texas Natural
Resources Code, §§91.551 - 91.556, relating to electric logs, and §§81.051
- 81.052, which provide the Commission with jurisdiction over all persons
owning or engaged in drilling or operating oil or gas wells in Texas and the
authority to adopt all necessary rules for governing and regulating persons
and their operations under the jurisdiction of the Commission. Texas Natural
Resources Code, §§91.551 - 91.556, as amended by HB 484, effective
September 1, 2005, authorize the Commission to require the filing of electric
logs. In addition, Texas Natural Resources Code, §§85.201 - 85.202,
require the Commission to adopt and enforce rules and orders for the conservation
and prevention of waste of oil and gas, and specifically for drilling of wells,
preserving a record of the drilling of wells, and requiring records to be
kept and reports to be made. Texas Natural Resources Code, §§86.041
- 86.042, give the Commission broad discretion in administering the provisions
of Chapter 86 of the Code, and authorize the Commission, generally, to adopt
any rule or order necessary to effectuate the provisions and purposes of this
Chapter. The Commission is required to adopt and enforce rules and orders
to conserve and prevent the waste of gas, provide for drilling wells and preserving
a record of them, requiring wells to be drilled and operated in a manner that
prevents injury to adjoining property, and requiring records to be kept and
reports to be made.
In addition, Texas Natural Resources Code, §§141.011 - 141.012,
authorize the Commission to regulate the exploration, development, and production
of geothermal energy and associated resources and to make and enforce rules
associated therewith. Pursuant to Texas Water Code, §26.131, the Commission
is solely responsible for the control and disposition of waste and the abatement
and prevention of pollution of surface and subsurface water resulting from
activities associated with the exploration, development, and production of
oil or gas or geothermal resources. Pursuant to Texas Water Code, §§27.031
- 27.032 and §27.034, the Commission has authority to permit disposal
wells to dispose of oil and gas waste, to require applicants for disposal
well permits to furnish any information necessary to the discharge of the
Commission's duties under Chapter 27, and to adopt rules required for the
performance of the Commission's duties under this Chapter. Texas Natural Resources
Code, §91.101, provides that to prevent the pollution of surface or subsurface
water in the state, the Commission shall adopt and enforce rules relating
to, among other things, the drilling of exploratory wells and oil and gas
wells or any purpose in connection with them and the operation, abandonment,
and proper plugging of wells subject to the jurisdiction of the Commission.
Texas Natural Resources Code, §§81.051, 81.052, 85.201, 85.202,
86.041, 86.042, 91.101, 91.551, 91.552. 91.553. 91.554. 91.555, 91.556, 141.011,
and 141.012, and Texas Water Code, §§26.131, 27.031, 27.032, and
27.034, are affected by the adopted amendments.
Statutory Authority: Texas Natural Resources Code, §§81.051,
81.052, 85.201, 85.202, 86.041, 86.042, 91.101, 91.551, 91.552. 91.553. 91.554.
91.555, 91.556, 141.011, and 141.012, and Texas Water Code, §§26.131,
27.031, 27.032, and 27.034.
Cross-reference to statutes: Texas Natural Resources Code, §§81.051,
81.052, 85.201, 85.202, 86.041, 86.042, 91.101, 91.551, 91.552. 91.553. 91.554.
91.555, 91.556, 141.011, and 141.012, and Texas Water Code, §§26.131,
27.031, 27.032, and 27.034.
Issued in Austin, Texas, on January 10, 2006.
§3.16.Log and Completion or Plugging Report.
(a)
Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise:
(1)
Basic electric log--A density, sonic, or resistivity (except
dip meter) log run over the entire wellbore.
(2)
Drilling operation--A continuous effort to drill or deepen
a wellbore for which the commission has issued a permit.
(3)
Operator--A person who assumes responsibility for the regulatory
compliance of a well as shown by a form the person files with the commission
and the commission approves.
(4)
Well--A well drilled for any purpose related to exploration
for or production or storage of oil or gas or geothermal resources, including
a well drilled for injection of fluids to enhance hydrocarbon recovery, disposal
of produced fluids, disposal of waste from exploration or production activity,
or brine mining.
(b)
Completion and plugging reports. The operator of a well
shall file with the commission the appropriate completion report within 30
days after completion of the well or within 90 days after the date on which
the drilling operation is completed, whichever is earlier. The operator of
a well shall file with the Commission an amended completion report within
30 days of any physical changes made to the well, such as any change in perforations,
or openhole or casing records. If the well is a dry hole, the operator shall
file with the commission an appropriate plugging report within 30 days after
the well is plugged.
(c)
Basic electric logs. Except as otherwise provided in this
section, not later than the 90th day after the date a drilling operation is
completed, the operator shall file with the commission a legible and unaltered
copy of a basic electric log, except that where a well is deepened, a legible
and unaltered copy of a basic electric log shall be filed if such log is run
over a deeper interval than the interval covered by a basic electric log for
the well already on file with the commission. In the event a basic electric
log, as defined in this section, has not been run, subject to the commission's
approval, the operator shall file a lithology log or gamma ray log of the
entire wellbore. In the event no log has been run over the entire wellbore,
subject to the commission's approval, the operator shall file the log which
is the most nearly complete of the logs run.
(d)
Delayed filing based on confidentiality. Each log filed
with the commission shall be considered public information and shall be available
to the public during normal business hours. If the operator of a well desires
a log to be confidential, on or before the 90th day after the date a drilling
operation is completed, the operator must submit a written request for a delayed
filing of the log. When filing such a request, the operator must retain the
log and may delay filing such log for one year beginning from the date the
drilling operation was completed. The operator of such well may request an
additional filing delay of two years, provided the written request is filed
prior to the expiration date of the initial confidentiality period. If a well
is drilled on land submerged in state water, the operator may request an additional
filing delay of two years so that a possible total delay of five years may
be obtained. A request for the additional two year filing delay period must
be in writing and be filed with the commission prior to the expiration of
the first two year filing delay. Logs must be filed with the commission within
30 days after the expiration of the final confidentiality period, except that
an operator who fails to timely file with the commission a written request
under this subsection for an extension of the period of log confidentiality
shall file the log with the commission immediately after the conclusion of
the period for filing the request.
(e)
Sanctions. If an operator fails to file a completion report
or log in accordance with the provisions of this section, the commission may
refuse to assign an allowable to a well, set the allowable for such well at
zero, and/or initiate penalty action pursuant to the Texas Natural Resources
Code, Title 3.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 10, 2006.
TRD-200600135
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Effective date: January 30, 2006
Proposal publication date: October 14, 2005
For further information, please call: (512) 475-1295
Subchapter A. GENERAL REQUIREMENTS AND DEFINITIONS
16 TAC §8.1
The Commission adopts amendments to §8.1, relating to
General Applicability and Standards, without changes from the November 11,
2005, issue of the
Texas Register
(30 TexReg
7337). Section 8.1(b) concerns minimum safety standards and adopts by reference
the United States Department of Transportation's (USDOT) pipeline safety standards
found in 49 U.S.C. §60101,
et seq
.; 49
Code of Federal Regulations (CFR) Part 191, Transportation of Natural and
Other Gas by Pipeline; Annual Reports, Incident Reports, and Safety-Related
Condition Reports; 49 CFR Part 192, Transportation of Natural and Other Gas
by Pipeline: Minimum Federal Safety Standards; 49 CFR Part 193, Liquefied
Natural Gas Facilities: Federal Safety Standards; 49 U.S.C. §60101,
Under the USDOT's new Pipeline and Hazardous Materials Safety Administration
(PHMSA), in accordance with the Norman Y. Mineta Research and Special Programs
Improvement Act which reorganized the Department's pipeline and hazardous
materials safety programs into the new PHMSA, the amendments, published at
70 Federal Register (FR) 11135, revise all references to the former Research
and Special Programs Administration (RSPA) in 49 CFR Parts 190 through 199
to reflect the creation of PHMSA. The final rule also updated the Office of
Pipeline Safety's internet and mailing addresses, docket procedures, titles,
section numbers, penalty consideration and cap adjustments, terminology, and
other changes conforming Part 190 with the Pipeline Safety Improvement Act
of 2002. The amendments also reflect the changed organizational posture of
the agency and update the Part 190 enforcement procedures to reflect current
public law. The final rule did not impose any new operating requirements on
pipeline owners and operators. The final rule was effective March 8, 2005.
USDOT's Amendment Nos. 192-99 and 195-83, published at 70 FR 35041, corrects
a final rule published by the Pipeline and Hazardous Materials Safety Administration
(PHMSA) on May 19, 2005 (70 FR 28833). That final rule amended requirements
for pipeline operators in 49 CFR Parts 192 and 195 to develop and implement
public awareness programs and incorporate by reference the guidelines of the
American Petroleum Institute (API) Recommended Practice (RP) 1162. The document
was assigned the amendment numbers 192-100 and 195-84, which were already
assigned to different amendments. The final rule corrects the amendment numbers
and the language amending Part 192 so that it is consistent with Part 195.
The effective date was June 20, 2005.
Amendment Nos. 192-101 and 195-85, published at 70 FR 28833, amend the
requirements for pipeline operators to develop and implement public awareness
(also known as public education) programs. The changes are part of PHMSA's
Office of Pipeline Safety's broad pipeline communications initiative to promote
pipeline safety. Promoting pipeline safety requires enhanced communications
by pipeline operators with the public to increase public awareness of pipeline
operations and safety issues. The amendments for developing and implementing
public awareness programs address the requirements of the Pipeline Safety
Improvement Act of 2002 and incorporate by reference the guidelines provided
in API Recommended Practice 1162, "Public Awareness Programs for Pipeline
Operators." The effective date for this final rule was June 20, 2005.
The Commission finds that its adoption of Amendment Nos. 192-99 and 195-83,
and Amendment Nos. 192-101 and 195-85, meets the requirements of Section 17
of House Bill (HB) 2161, 79th Legislature, Regular Session (2005), which states
that the Commission may not adopt safety standards under Texas Utilities Code, §121.201(a)
or Texas Natural Resources Code, §17.012(a), as amended by HB 2161, until
the Pipeline and Hazardous Materials Safety Administration of the United States
Department of Transportation adopts the rules published at 69 FR 35279 (to
be codified at 49 CFR Parts 192 and 195, as proposed June 3, 2004) or other
rules pertaining to public education programs for hazardous liquid and gas
pipeline operators.
Amendment No. 192-94, published at 70 FR 3147 by the Research and Special
Programs Administration (RSPA), is a direct final rule that makes a minor
editorial correction to the definition of "transmission line" in the federal
safety regulations for natural gas pipelines. The correction is intended to
clarify that gathering lines are excluded from the definition of transmission
line. Because gathering lines have never been included in the definition of
transmission line, the correction will not result in any substantive change
in the definition. The effective date was May 6, 2005.
Amendment Nos. 192-100 and 195-84, published at 70 FR 10332, adopt a direct
final rule from RSPA's Office of Pipeline Safety requiring operators of gas
and hazardous liquid pipelines to conduct programs to qualify individuals
who perform certain safety-related tasks on pipelines. Congress addressed
these programs through an amendment to the federal pipeline safety law (49
U.S.C. Chap. 601). In accordance with that amendment, the direct final rule
codifies the new program requirements concerning personnel training, notice
of program change, government review and verification of programs, and use
of on-the-job performance as a qualification method. The direct final rule
became effective July 1, 2005.
The Commission received no comments on the proposed amendments.
The Commission adopts the amendments under Texas Natural Resources Code, §81.051
and §81.052, which give the Commission jurisdiction over all common carrier
pipelines in Texas, persons owning or operating pipelines in Texas, and their
pipelines and oil and gas wells, and authorize the Commission to adopt all
necessary rules for governing and regulating persons and their operations
under the jurisdiction of the Commission as set forth in §81.051, including
such rules as the Commission may consider necessary and appropriate to implement
state responsibility under any federal law or rules governing such persons
and their operations; Texas Natural Resources Code, §117.012, which requires
the Commission to adopt rules that include safety standards for and practices
applicable to the intrastate transportation of hazardous liquids or carbon
dioxide by pipeline and intrastate hazardous liquid or carbon dioxide pipeline
facilities; and to adopt rules regarding public education and awareness concerning
hazardous liquid or carbon dioxide pipeline facilities and community liaison
for the purpose of responding to an emergency concerning a hazardous liquid
or carbon dioxide pipeline facility; Texas Utilities Code, §§121.201
- 121.210, as amended by HB 2161, which authorize the Commission to adopt
safety standards and practices applicable to the transportation of gas and
to associated pipeline facilities within Texas to the maximum degree permissible
under, and to take any other requisite action in accordance with, 49 United
States Code Annotated §60101,
et seq
.;
and HB 2161, Section 17, which directs that the Railroad Commission of Texas
may not adopt safety standards under Texas Utilities Code, §121.201(a),
or Texas Natural Resources Code, §117.012(a), as amended by HB 2161,
until the Pipeline and Hazardous Materials Safety Administration of the United
States Department of Transportation adopts the rules published at 69 Federal
Register 35279 (2004) (to be codified at 49 CFR Parts 192 and 195) (proposed
June 3, 2004) or other rules pertaining to public education programs for hazardous
liquid and gas pipeline operators.
Texas Natural Resources Code, §§81.051, 81.052, and 117.012;
Texas Utilities Code, §§121.201 - 121.210; and 49 United States
Code Annotated §60101,
et seq
., are affected
by the adopted amendments.
Statutory authority: Texas Natural Resources Code, §§81.051,
81.052, and 117.012; Texas Utilities Code, §§121.201 - 121.210;
and 49 United States Code Annotated §60101,
et seq
.
Cross-reference to statute: Texas Natural Resources Code, Chapters 81 and
117; Texas Utilities Code, Chapter 121; and 49 United States Code Annotated
Chapter 601.
Issued in Austin, Texas, on January 10, 2006.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 10, 2006.
TRD-200600136
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Effective date: January 30, 2006
Proposal publication date: November 11, 2005
For further information, please call: (512) 475-1295
Chapter 61.
COMBATIVE SPORTS
The Texas Department of Licensing and Regulation ("Department") adopts
amendments to 16 Texas Administrative Code, §§61.10, 61.20, 61.30,
61.40 - 61.44, 61.46, 61.80, 61.105, 61.107, 61.108, 61.110, and 61.112, new §§61.21
- 61.24, 61.49, and 61.106, and the repeal of §61.21 and §61.109,
regarding the combative sports program, without changes to the proposed text
as published in the November 18, 2005, issue of the
Texas Register
(30 TexReg 7649) and will not be republished. Sections
61.47, 61.48, and 61.111 are adopted with changes to the proposed text as
published in the November 18, 2005, issue of the
Texas Register
(30 TexReg 7649).
These rules are necessary to implement changes to the program brought about
by Senate Bill 796 adopted by the 79th Legislature, and in response to the
Department's rule review of Chapter 61, pursuant to Government Code, §2001.039
where the Commission determined that, other than implementing statutory changes,
the rules should be maintained, but clarified, and brought into closer compliance
with statutory provisions.
Section 61.10, Definitions, is amended to delete the definitions of "amateur,"
"bout/or contest," "Combative Sports," "Commission," "Event," and "Promoter"
because these terms are defined in the Code. The definition of "shoot wrestling/fighting..."
is also deleted as those particular martial arts are now included in "mixed
martial arts." Paragraphs are renumbered as needed.
The definition of "contestant" is amended to specifically include professional
combative sports contestants as that phrase is employed throughout the rules.
A new definition for "knock-down" is added. The definition of "license" is
expanded to include registrations. The definition of "manager" is amended
to make it clear that the term only applies to professional combative sports
contestants.
The definition of the term "matchmaker" is amended for clarification. The
definition of "purse" is amended to refer to an event rather than a contest.
The definition of "ring officials" is amended to clarify that "physician"
means ringside physicians. The definition of "Technical Zone" is amended to
clarify it and to provide that it is alcoholic beverage free. A new definition
of "Full Contact" is added to define the term, which is used in the definition
of "combative sports" in statute. The two definitions when considered together
indicate that events where full contact is prohibited, as defined here, are
not regulated under the Act.
Section 61.20(a), General Licensing Requirements, is amended to make it
clear that persons participating in professional events must be licensed.
New subsection (b) is added to require Amateur Combative Sports Associations
("ACSA") to be registered as required by new statute. Newly relettered subsection
(e) is amended to remove the requirement that contestants and seconds notify
the department of address changes. Original subsection (c) is deleted as the
requirement to report changes in ownership is not needed in this program.
Original subsections (e), (f), (g), (h), and (j) are deleted here and moved
to rules more appropriate to their subjects.
Section 61.21, formerly General Prohibitions (new §61.23), is a new
section, Licensing Requirements--Referees. The rule establishes criteria that
referees must meet to become licensed and to provide a grandfathering period
for persons currently licensed. The new rule will assure that persons serving
as referees are qualified.
New §61.22, Licensing Requirements--Judges, establishes criteria for
licensure as a judge.
New §61.23, General Prohibitions (formerly §61.21), is amended
at subsection (b) to clarify the language with no substantive change. Subsection
(c) is amended to eliminate references to elimination tournaments that were
banned by statutory change, and to remove requirements for certain medical
tests that are required by other rules. Subsections (d), (e), (f), and (h)
are clarified without substantive change. Subsection (g) is deleted as it
simply repeats requirements set out in statute or elsewhere in the rules.
Subsection (i) is amended to allow persons who are members of a ranking organization,
but who are not officers or directors, to be licensed as judges.
New §61.24, Practice Requirements--General, consists of subsections
(a), (b), and (c) which were subsections (e), (g), and (j) that were deleted
from §61.20. Some of the language has been changed but the substance
has not.
Section 61.30, Responsibilities and Authority of the Executive Director,
is amended at its title. Subsections (a) and (b) have been combined into subsection
(a) without substantive change. Subsections (b) - (j) and (m) - (q) have been
amended to clarify language but with no substantive change. Subsection (k),
as amended, has been changed to continue the authority of the Executive Director
to waive rules, but under the conditions set out in the amended language.
Subsection (p) is deleted and moved to §61.40.
Section 61.40, Responsibilities of the Promoter, is amended at subsection
(a)(1) to require promoters at the time of licensure and license renewal to
post two bonds, one for $10,000 to secure payment of costs of an event and
one for $15,000 to secure payment of gross receipts taxes. These provisions
are not new. Also, a provision allowing a promoter to file a financial statement
in lieu of the $10,000 bond has been deleted. Subsection (b)(13) is amended
to delete language that is now in §61.107. Subsection (b)(15) is deleted
and issues concerning gloves are addressed in the new subsection (b)(15) as
amended. New subsection (b)(15) requires promoters to follow rules specific
to the class of event for equipment and gloves. Subsection (b)(15)(A) - (L)
are deleted and moved to §61.106. Subsection (b)(15)(B) as amended now
requires the promoter to set up the Technical Zone as instructed by the Executive
Director. Subsection (b)(16) as amended now allows promoters to pay certain
licensing fees by money order as well as by check. Subsection (d)(1) is amended
to remove the requirement that the promoters' license number be printed on
each ticket. Subsection (d)(3) is amended to provide that when there is a
ticket manifest, tickets of different prices are not required to be printed
on paper of different colors. Subsection (d)(10) is added. This is old §61.30(p)
that was deleted. The substance is not changed. Subsection (e) is amended
to provide three business days for payment of the gross receipts tax rather
than 72 hours.
Section 61.41, Responsibilities of the Referee, is amended by deleting
subsection (f) and replacing it in subsection (k) as amended. Subsection (k)
is amended at paragraph (1) and is changed to refer to a blow as opposed to
a punch causing a knock-down. A knock-down is now defined in the definitions
rule. New subsection (k)(7) and (8) are where the old subsection (f) is now
shown without substantive change. Subsections (p) and (q) are deleted and
have been moved without substantive change to new §61.21.
Section 61.42 is amended at subsection (d), no substantive change and subsection
(e) to remove a reference to a referee's scorecard. Subsection (f) is deleted
and moved without substantive change to new §61.22
Section 61.43, Responsibilities of Seconds, is amended at subsection (e)(4)
to refer to unapproved substances as opposed to solutions. Subsections (f),
(h), and (i) are amended to clarify language with no substantive change. New
subsection (k) is added to require seconds to attend the referee's meeting.
This requirement was deleted from §61.20(h).
Section 61.44, Responsibilities of Managers, is amended to delete subsection
(b) and add subsection (d) requiring managers to attend the referee's meeting.
This requirement was deleted from §61.20(h).
Section 61.46, Responsibilities of Ringside Physicians, is amended at paragraph
(1) to allow chief seconds to be present during physical examinations.
Section 61.47, Responsibilities of Contestants, is amended at subsection
(g) to remove gender specific provisions to new subsection (g) and to add
language concerning jewelry from subsection (u) with no substantive changes.
Subsections (k) and (l) that are gender specific are deleted. Subsection (k),
as amended, is changed to make it clear that all contestants must have a pre-fight
examination, and the required reporting of unfitness may now also be made
by the chief second. Subsection (m) as amended is changed to remove the gender
specific reference to a positive pregnancy test. Subsection (n) as amended
is changed to clarify language. Subsections (r), (t), and (u) are deleted.
Subsection (u) is now in subsection (g). New subsection (q) is added to address
gender specific requirements deleted from other sections. No substantive changes
were made. New subsection (r) is added to require contestants to attend the
referee's meeting. This requirement was deleted from §61.20(b).
New §61.48, Responsibilities of Amateur Combative Sports Associations,
is added to implement statutory changes requiring that ACSA's be registered.
The requirements spelled out here are modeled after the rule for promoters.
Subsection (b) requires ACSA's to file rules with the Executive Director and
provides that they must address issues that the department has identified
that concern safety of contestants, including use of licensed referees. All
other participants other than the ACSA, are not required to be licensed. The
rules also may establish guidelines for payment of certain expenses for contestants.
Those that elect to pay expenses must provide a bond as set out in subsection
(d).
New §61.49 requires that amateur organizations exempt from licensing
and bonding requirements inform the department of the date, time, and location
of their events. That information is needed to respond to inquiries from the
public where concern is expressed that illegal events are being conducted.
The department can inform them that they are not being conducted in violation
of the statute.
Section 61.80, Fees, is amended to delete subsection (a)(10) and to add
a new (a)(10) for ACSA's. Subsection (b) is amended to provide that Federal
ID cards are valid for four years and subsection (c) is amended to make it
clear a permit fee is required for professional events only.
Section 61.105, Weight Categories and Weigh-in-Boxing and Kickboxing, is
amended at subsection (d) to clarify the weight categories. There are no substantive
changes.
New §61.106, Ring and Glove Requirements--Boxing and Kickboxing, is
added to replace items deleted from §61.40 with no substantive changes.
Section 61.107, Boxing, is amended at subsection (b) to remove reference
to referees scoring contests. New subsection (e) is added to replace language
deleted from §61.40(b)(13) concerning the length of rounds. Kickboxing
and mixed martial rules have provisions concerning the length and number of
rounds.
Section 61.108 is amended at subsections (g) and (h) to make it clear that
provisions concerning holding purses address professional events only.
Section 61.109, Elimination Tournaments/Toughman competitions, is deleted.
Elimination tournaments are no longer allowed pursuant to statute.
Section 61.110, Martial Arts, is amended at subsection (b) to clarify and
correct references to other rule sections. Subsection (c) is amended to clarify
that combative sports events may be conducted pursuant to official rules of
any particular art if those rules have been approved by the Department.
Section 61.111, Mixed Martial Arts, has been amended at subsection (a)
to clarify and correct references to other rule sections and to delete references
to specific martial arts. Subsection (b) - (o) have been deleted and replaced
with new subsections (b) - (t). The new subsections do not substantially change
the deleted rules but they now include specific references to ring requirements
and also allow use of a "fighting area" as defined. The new subsections also
include weight categories and reference to the length of rounds and contests.
Section 61.112, Muay Thai Fighting, is amended at subsection (b) by deleting
the provision that allows grappling techniques used while the opponents are
standing.
The Department drafted and distributed the proposal to persons internal
and external to the agency. No public comments were received regarding the
amendments, new rules, and/or the repeal; however, the Commission, on recommendation
of staff, amended §61.47, Responsibilities of Contestants, at subsections
(a) and (m) to clarify testing requirements for the Hepatitis B virus. The
proposed language required that applicants be free of the Hepatitis B and
C viruses, and HIV. Both subsections are changed to remove the requirement
that applicants be free of the Hepatitis B virus to require that applicants
not be infected with the virus to such a degree that the applicant poses a
threat of communicating it to opponents. Subsection (m) specifically mentions
a Hepatitis B surface antigen test, which appears to be the primary test used
at this time, but the language also permits other methods that test for Hepatitis
B infectivity.
In addition, two clerical errors in the proposed rules are corrected in
the adopted rules. In §61.48(b)(2)(A) the phrase "contestant participate"
is amended to "contestants who participate". Section 61.111(h)(1) is amended
to read, "Flyweight--up to 125 lbs." The numeral "5" was inadvertently omitted
from the proposed rule.
16 TAC §§61.10, 61.20 - 61.24, 61.30, 61.40 - 61.44, 61.46 - 61.49, 61.80, 61.105 - 61.108, 61.110 - 61.112
The amendments and new rules are adopted under Texas Occupations
Code, Chapter 2052 and Chapter 51, which authorizes the Department to adopt
rules as necessary to implement this chapter and any other law establishing
a program regulated by the Department.
The statutory provisions affected by the adoption are those set forth in
Texas Occupations Code, Chapter 2052 and Chapter 51. No other statutes, articles,
or codes are affected by the adoption.
§61.47.Responsibilities of Contestants.
(a)
Medical Examinations. Each contestant applying for a license,
or license renewal, shall submit on a department approved form signed by an
examining physician and an examining ophthalmologist proof of having passed
a comprehensive medical examination within thirty days of the date the application
is signed by the applicant. The exam must include an ophthalmologic medical
examination completed by an Ophthalmologist only and must indicate that the
applicant is free of the Hepatitis C virus and the human immunodeficiency
virus (HIV), and that the applicant is not acutely or chronically infected
with the Hepatitis B virus.
(b)
A contestant applicant must submit to the Department all
information required by the Department's application.
(c)
A contestant may not perform under any name that does not
appear in departmental records.
(d)
Contestants shall in good faith perform to the best of
their abilities.
(e)
A contestant who commits a foul under these rules is subject
to administrative sanctions and or penalties in addition to losing points
during a contest.
(f)
Arguing with an official or refusing to obey the orders
of an official is prohibited.
(g)
Contestants shall compete in proper ring attire. The trunks'
waistband shall not extend above the waistline and the hem may not extend
more than two inches below the knee. Ring attire may not have sequins, buttons,
tassels or any other decorative items that may become detached during a contest.
A fitted mouthpiece shall be worn while competing. Shoes shall be of soft
material and shall not be fitted with spikes, cleats, or hard heels. Contestants
may not participate in any contest while wearing jewelry, including but not
limited to, watches, rings, necklaces, bracelets, earrings, any type of stud
used to penetrate body piercings.
(h)
All contestants shall be in the dressing room at least
45 minutes before the event is scheduled to begin. The contestants shall be
ready to enter the ring immediately after the preceding contest is finished.
(i)
After receiving final instructions from the referee, contestants
may touch gloves or shake hands and then shall retire to their corners.
(j)
After the referee or judge's decision has been announced,
both contestants and their seconds shall leave the ring when requested to
do so by the referee.
(k)
Every contestant shall undergo a pre-fight physical examination.
If a contestant's physical exam shows him unfit for competition, the contestant
shall not participate in the contest. The manager, chief second, or contestant
shall make an immediate report of the facts to the promoter and the Department.
(l)
If a contestant becomes ill or injured and cannot take
part in a contest for which he is under contract, he, his chief second, or
his manager shall immediately report the facts to the promoter and the Department.
The contestant must submit to the Department medical proof of the injury or
illness.
(m)
A positive Hepatitis C, or human immunodeficiency virus
(HIV) test, or a positive Hepatitis B surface antigen test or other indication
of Hepatitis B infectivity will result in disqualification.
(n)
The administration or use of any drugs or alcohol during,
or up to 24 hours before a contest is prohibited unless a drug is prescribed,
administered or authorized by a licensed physician and the Executive Director
authorizes the contestant to use the drug. If a contestant is taking prescribed
or over the counter medication, he/she must inform the Executive Director
of such usage at least 24 hours prior to the contest.
(o)
As a condition of licensure, contestants waive right of
confidentiality of medical records relating to treatment or diagnosis of any
condition that relates to the contestant's ability to participate in a contest.
All medical records submitted to the Department are confidential, and shall
be used only by the Executive Director or his/her representative for the purpose
of ascertaining the contestant's ability to be licensed or participate in
a contest.
(p)
Medical disqualification of a contestant is for his own
safety and may be made at the recommendation of the examining physician or
the Department. If a contestant disagrees with a medical disqualification,
medical suspension or rest period set at the discretion of a ringside physician
or a disqualification set by the Department, he may request a hearing to show
proof of fitness. The hearing shall be provided at the earliest opportunity
after the Department receives a written request from the contestant or his
manager.
(q)
The following are gender specific provisions.
(1)
Male contestants must wear a protection cup, which shall
be firmly adjusted before entering the ring.
(2)
Female contestants:
(A)
Must wear garments that cover their breasts;
(B)
Shall submit to a pregnancy test at weigh-in;
(C)
Will be disqualified by a positive pregnancy test; and,
(D)
May wear breast protection plates.
(r)
Contestants must attend the referee's rules meeting conducted
prior to the first contest of an event.
§61.48.Responsibilities of Amateur Combative Sports Associations.
(a)
An amateur combative sports association (ACSA) must provide
to the Department proof that it is either a non-profit organization chartered
by the State of Texas or that it is approved as a non-profit organization
under the provisions of the Internal Revenue Code.
(b)
An ACSA shall file with the Executive Director rules for
conducting the organization's affairs and the conduct of its members. The
rules:
(1)
Must include provisions to:
(A)
Establish conditions for membership;
(B)
Provide guidelines for training its members in preparation
for a contest;
(C)
Establish a minimum training period before a contest;
(D)
Indicate which class(es) of combative sports the ACSA will
conduct;
(E)
Require that all referees participating in events conducted
by the ACSA are licensed by the Department; and,
(F)
Either:
(i)
Adopt, as appropriate, rules set out below for boxing,
kickboxing, mixed martial arts, and muay thai; or,
(ii)
Establish the ACSA's rules for a class or classes of events
it will sponsor; and,
(2)
May include provisions to:
(A)
Provide for payment of actual expenses, up to an established
maximum, for the contestants who participate in an event; and,
(B)
Allow members of other ACSAs to participate as a visiting
member in an event conducted by it without the other ACSA participating in
the conducted event, so long as it ascertains that the visiting member is
qualified under the rules to be a contestant in the event.
(c)
An ACSA may not conduct or participate in any event unless
it has received Executive Director's written approval of rules required in
subsection (b) of this section.
(d)
An ACSA that has adopted rules permitted under subsection
(b)(2) of this section must, before it sponsors or participates in any event,
submit to the Executive Director a $15,000 surety bond, written by a bonding
company authorized to do business in the State of Texas, guaranteeing payment
of gross receipts taxes owed for promoted events, which shall remain in effect
for four years after the effective cancellation date.
(e)
An ACSA shall provide insurance and pay all deductibles
for contestants, to cover medical, surgical and hospital care with a minimum
limit of $20,000 for injuries sustained while participating in a contest and
$50,000 to a contestant's estate if he dies of injuries suffered while participating
in a contest. At least ten calendar days before an event the ASCA shall provide
to the Department for each event to be conducted, a certificate of insurance
showing proper coverage. The ASCA shall supply to those participating in the
event the proper information for filing a medical claim.
(f)
An ACSA shall ensure that all contestants participating
in contests it conducts are amateurs.
(g)
An ACSA may not allow any person who has not been a member
of the ACSA for at least thirty days to participate as a contestant in any
event in which the ACSA participates.
(h)
An ACSA conducting an event shall:
(1)
Bear all financial responsibility for the event.
(2)
Provide the Department written notice of all proposed event
dates, ticket prices, and participants of the main event, at least 21 days
before the proposed event date and obtain written approval from the Department
to promote the event prior to advertising or selling tickets.
(3)
Provide two licensed physicians, for each event.
(4)
Provide at least one licensed physician to conduct pre-fight
physicals. Provide a private area for the physician to perform pre-fight examinations.
(5)
Assure that beverages are only allowed in paper or plastic
cups at the event.
(6)
Assure that no alcoholic beverages or illegal drugs are
in the dressing room.
(7)
Ensure the safety of the contestants, officials, and spectators.
(A)
There shall be a pre-fight plan and route to remove an
injured contestant from the ring and arena. Upon request, the promoter shall
inform the Department of these plans. The plan shall include the name and
location of a local hospital emergency room.
(B)
A sufficient number of security personnel shall be retained
to maintain order.
(8)
Ensure that the rules set forth herein below regarding
equipment and gloves that apply to a particular type of event are followed.
(9)
Ensure that each contest is conducted as provided by the
ACSA's rules approved by the Department.
(10)
Ensure that each event has the appropriate equipment as
described by the ACSA's rules approved by the Department.
(11)
Ensure that all advertising concerning an event to be
conducted indicates that it is an amateur event, and includes the name of
the ACSA that will conduct the event.
(i)
Tickets
(1)
All tickets shall have printed on each half, the price
including any service surcharge or handling fee, and the event date.
(2)
Roll tickets with consecutive numbers shall be sold only
at the box office on the day of the show.
(3)
If there is no ticket manifest, tickets of different prices
shall be printed on different colored ticket stock.
(4)
Tickets shall not be sold for more than the actual capacity
of the location where the event is held.
(5)
ACSA's shall hold tickets of every description used for
any event for at least 30 days after the event. The tickets shall be kept
in separate packages for each event for audit purposes.
(j)
An ACSA shall submit to the Department a tax report and
a 3% gross receipts tax payment within three business days after an event.
§61.111.Mixed Martial Arts.
(a)
All rules stated herein, except §§61.106 - 61.108
and §61.112 apply to mixed martial arts contests unless this section
conflicts with another rule stated herein. If a conflict occurs, this section
prevails.
(b)
Contestants may wear fingerless gloves weighing not less
than 4 ounces, which shall be supplied by the promoter and approved by the
Executive Director.
(1)
If both contestants wear gloves, closed fist punching and
frontal palm/heel strikes are permitted.
(2)
If both contestants are not wearing gloves, frontal palm/heel
strikes and closed fist punches are not permitted, except to the body.
(c)
Contestants may prevail by technical knockout, knockout,
submission (either by physical or verbal tap out), disqualification or judges
decision.
(d)
Scoring Techniques.
(1)
Using the 10-Point Must Scoring System, judges are required
to determine a winner of a contest that ends after the scheduled number of
rounds have been completed. Ten points must be awarded to the winner of each
round and 9 points or less must be awarded to the loser, except for a rare
even round, which is scored a 10 - 10.
(2)
Judges must evaluate mixed martial arts techniques, such
as effective striking, effective grappling, fighting area control, and effective
aggressiveness/defense.
(e)
Contestants may wear shorts, trunks, wrestling singlet,
or traditional martial arts Gi, unless otherwise instructed by the Executive
Director. Knee braces without metal are permissible. Contestants may not wear
shoes of any kind during competition. A male contestant may not wear a shirt
during competition.
(f)
Each contestant must be clean and present a tidy appearance.
The use of grease or any other foreign substance, including, without limitation,
grooming creams, lotions or sprays, may not be used on the face, hair or body
of a contestant. The referee or the Executive Director's representative shall
cause any foreign substance to be removed.
(g)
Contestants who wear gloves may wrap hands in a manner
approved by the Executive Director. If contestants are not wearing gloves,
it is not permissible to wrap hands, but wrists may be taped. Contestants
who choose to wear gloves, may only compete with other contestants wearing
gloves. Contestants choosing not to wear gloves, may only compete with other
contestants who choose not to wear gloves.
(h)
Weight Divisions. Except with the approval of the Executive
Director, the classes for mixed martial arts contest or exhibitions and the
weights for each class are shown in the following schedule:
(1)
Flyweight--up to 125 lbs.
(2)
Bantamweight--over 125 to 135 pounds
(3)
Featherweight--over 135 to 145 pounds
(4)
Lightweight--over 145 to 155 pounds
(5)
Welterweight--over 155 to 170 pounds
(6)
Middleweight--over 170 to 185 pounds
(7)
Light Heavyweight--over 185 to 205 pounds
(8)
Heavyweight--over 205 to 265 pounds
(9)
Super Heavyweight--over 265 pounds
(i)
Non-championship contests shall not exceed a total of 15
minutes per contest with no overtime allowed. Championship contests shall
not exceed a total of 25 minutes of action. Rounds shall be a minimum of three
minutes with a one-minute rest period between each round.
(j)
A fitted mouthpiece shall be worn while competing.
(k)
A male contestant must wear a plastic foul-proof groin
protector (abdominal guard). A female contestant must wear a plastic pelvic
guard and may wear a breast protector.
(l)
Contestants may use the ropes once during a round. The
second time a contestant grabs the ropes will be considered a submission.
(m)
Intentionally escaping from the fighting area will result
in a rope call.
(n)
If both contestants wrestle into or under the ropes and
the referee believes that the ropes are causing interference with the match,
the referee may stop the action, and require both contestants to take a standing
position in the middle of the fighting area before continuing the match.
(o)
If both contestants are wrestling on the ground and the
referee believes neither contestant will gain an advantage, the referee may
stop the contest, and require both contestants to take a standing position
in the middle of the fighting area before continuing the match.
(p)
Mixed martial arts contests may be conducted either in
an approved ring or in an enclosed fighting area. The following specifics
apply:
(1)
Rings:
(A)
Must be no smaller than 16 feet square and no larger than
32 feet square within the ropes. The ring floor must extend at least 18 inches
beyond the ropes;
(B)
The ring floor must be padded with ensolite or another
similar closed-cell foam, with at least 1 inch layer of foam padding. Padding
must extend beyond the ring ropes and over the edge of the platform. Material
that tends to gather in lumps or ridges may not be used;
(C)
The ring platform must not be more than 4 feet above the
floor of the venue and must have suitable steps or ramps for the use of the
contestants and ring officials;
(D)
Ring posts must be made of metal, not more than 3 inches
in diameter, extending from the floor of the venue to a minimum height of
58 inches above the ring floor, and must be properly padded in a manner approved
by the Executive Director. Ring posts must be at least 18 inches away from
the ring ropes;
(E)
There must be five ring ropes, not less than 1 inch in
diameter and wrapped in soft material. The lowest rope must be 12 inches above
the ring floor;
(F)
There may not be any obstruction or object on the ring
floor;
(2)
Fighting Areas:
(A)
May be circular or may be multi-sided having four or more
sides that are equal in length. A circular fighting area must have a diameter
of no less than 16 feet and of no more than 32 feet in length. For a multi-sided
fighting area the shortest straight line distance between any two opposite
sides must be no less than 16 feet and no more than 32 feet in length.
(B)
The floor shall be constructed of material at least 3/4
inch thick, adequately supported, and padded with ensolite or similar closed-cell
foam that is at least one inch thick.
(C)
Padding shall extend beyond the fighting area and over
the edge of the platform, and have a top covering of canvas, duck or similar
material approved by the Executive Director.
(D)
The covering shall be clean and tightly stretched and laced
to the fighting area platform and may not have tears, holes or overlapping
seams.
(E)
The fighting area platform shall not be more than 4 feet
above the floor of the building and shall have suitable steps or ramps for
use by the participants.
(F)
Posts shall be made of metal not more than 6 inches in
diameter, extending from the floor of the venue to between 5 and 7 feet above
the canvas of the fighting area and, if inside the fenced area, shall be properly
padded in a manner approved by the Executive Director.
(G)
The fighting area shall be enclosed by a fence made of
material that will not allow a contestant to fall out or break through it
onto the floor or spectators; including, without limitation, chain-link fence
coated with vinyl. Any metal portion of the fenced area must be covered and
padded in a manner approved by the Executive Director and must not be abrasive
to the contestants.
(H)
A fence area must have 2 gated entrances on opposite sides
of the fenced area.
(I)
There must not be any obstruction on the fence surrounding
the area in which the contestants compete.
(q)
The promoter of a mixed martial arts event shall hang at
least 2 video screens that meet the approval of the Executive Director and
which allow the patrons to view the action inside the enclosed fighting area
or ring.
(r)
If a laceration occurs, the referee may stop the contest
and request the ring physician to examine the laceration. Either the physician
or referee can stop the contest.
(s)
The following tactics are fouls and may result in disqualification
or point deduction at the discretion of the referee.
(1)
Head butts.
(2)
Downward punching while the opponent's head is touching
the mat.
(3)
Kicks, punches or any strikes to the groin.
(4)
Spitting or biting.
(5)
Striking or grabbing the throat area.
(6)
Grabbing the trachea.
(7)
Kicking while the opponent is down on the mat.
(8)
Kneeing to the head of a grounded opponent.
(9)
Kicking to the head of a grounded opponent.
(10)
Hair pulling.
(11)
Engaging in any unsportsmanlike conduct that causes an
injury to an opponent.
(12)
Attacking on the break.
(13)
Attacking after the bell has sounded.
(14)
Intentionally pushing, shoving, wrestling, or throwing
an opponent out of the fight area.
(15)
Holding the fence or the ropes.
(16)
Using abusive language in the fighting area.
(17)
The use of any foreign substances on any contestant's
hair, body or equipment.
(18)
Eye gouging of any kind.
(19)
Fish hooking.
(20)
Putting a finger into any orifice or into any cut or laceration
on an opponent.
(21)
Small joint manipulation.
(22)
Striking to the spine or the back or the head.
(23)
Striking downward using the point of the elbow.
(24)
Clawing, pinching, or twisting the flesh.
(25)
Grabbing the clavicle.
(26)
Stomping a grounded opponent.
(27)
Kidney strikes of any kind.
(28)
Spiking an opponent to the canvas on his head or neck.
(29)
Holding the shorts or gloves of an opponent.
(30)
Flagrantly disregarding the instructions of the referee.
(31)
Attacking an opponent who is under the care of the referee.
(32)
Timidity, including without limitation, avoiding contact
with an opponent, intentionally or consistently dropping the mouthpiece or
faking an injury.
(33)
Throwing in the towel during competition.
(34)
Interference by the corner.
(t)
The determination of the winner shall be as follows:
(1)
by submission, either verbally or by tapping two or more
times on the mat, ropes, ring corner or the opponents body;
(2)
by knockout;
(3)
by being down on the map for a ten count;
(4)
by the referee disqualifying a contestant through a technical
knockout;
(5)
by the referee stopping a match based upon a ring physician's
advice;
(6)
by a contestant's corner stopping the bout;
(7)
by the referee disqualifying a contestant for a violation
of these rules; or
(8)
by the judges decision based upon technique and aggressiveness
minus the number of penalties.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on January 12, 2006.
TRD-200600188
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: February 1, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 463-7348
16 TAC §61.21, §61.109
The repeal is adopted under Texas Occupations Code, Chapters
2052 and Chapter 51, which authorizes the Department to adopt rules as necessary
to implement this chapter and any other law establishing a program regulated
by the Department.
The statutory provisions affected by the adopted repeal are those set forth
in Texas Occupations Code, Chapter 2052 and Chapter 51. No other statutes,
articles, or codes are affected by the adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 12, 2006.
TRD-200600189
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: February 1, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 463-7348
16 TAC §§66.1, 66.10, 66.20, 66.21, 66.25, 66.61, 66.65, 66.70 - 66.72, 66.80, 66.90, 66.100
The Texas Commission of Licensing and Regulation ("Commission")
adopts amendments to existing rules at 16 Texas Administrative Code, Chapter
66, §§66.1, 66.10, 66.20, 66.61, 66.65, 66.70, 66.71, 66.72, 66.80,
and 66.90; new rules §§66.21, 66.25 and 66.100; regarding the property
tax consultants program without change as published in the November 11, 2005,
issue of the
Texas Register
(30 TexReg 7342)
and will not be republished.
The amendments and new rules are necessary to update statutory references
and conform rule requirements to current law. In addition, these rule changes
are needed to reorganize provisions for greater clarity and readability and
to delete unnecessary provisions. A new continuing education rule is added
to make continuing education requirements consistent with 16 Texas Administrative
Code, Chapter 59, which contains the Commission's general rules for continuing
education providers and courses. For greater clarity, rule provisions relating
to continuing education are separated from rule provisions relating to pre-registration
education and education for upgrade to a senior property tax consultant registration.
Statutory references are updated, and obsolete references to "commissioner"
are replaced by references to "executive director," "department," or "commission"
as appropriate. The definition of "private provider" in §66.10 is amended
to clarify that this term applies only to providers of education for pre-registration
and upgrade credit, not to continuing education providers. New provisions
in §§66.10 and 66.20 are relocated from other places, and certain
provisions are consolidated. Certain requirements of §66.21 are not needed
because they repeat statutory requirements or contain detail that can be addressed
adequately in a Department application form.
A new §66.21 is added to consolidate and update requirements for private
providers and pre-registration or upgrade education. In §66.21(e) the
word "annually" is substituted for "biannually" to change the interval for
program reviews from twice every year to one a year. Section 66.22 is replaced
with a new continuing education rule at §66.25.
New §66.25 is needed to change the continuing education requirements
for registrants. This new rule is necessary to make continuing education requirements
in the property tax consultant program generally consistent with the Department's
continuing education model in other programs, while recognizing unique requirements
for property tax consultants. Under Texas Occupations Code, §51.405 the
Commission is required to recognize, prepare, or administer continuing education
programs for license holders, and a license holder must participate in the
programs to the extent required by the Commission to keep the person's license.
The new §66.25 is proposed under that statutory provision. The Commission's
general requirements for continuing education providers and courses, which
are contained in 16 Texas Administrative Code, Chapter 59, will now apply
to providers and courses in the property tax consultant program, including
the fees for provider registration and course approval. New §66.25 establishes
requirements that are specific to the property tax consultant program for
registrants, providers, and courses.
Unnecessary language is deleted from §66.61, and an amendment clarifies
that the Commission may invoke the full range of administrative sanctions
for cheating on an examination. The substance of §66.63 is relocated
to new §66.21.
Technical corrections are made to §66.65, and language in subsection
(g) and (h) is deleted as duplicative of or inconsistent with statutory provisions.
Language in §66.70(c) is deleted because the code of ethics sufficiently
addresses false or misleading advertising. Other provisions are moved to this
section from elsewhere. In subsection (c) a specific time frame of 30 days
is stated to provide greater clarity and enforceability. A requirement that
a registered property tax consultant only offer services to a senior property
tax consultant is deleted as inconsistent with statutory requirements. A reference
to continuing education is removed from §66.72 to clarify that these
requirements pertain to pre-registration and upgrade education. Section 66.72(c)
is changed to require that a private provider provide a certificate to the
participant including actual hours attended. The audit provisions of subsections
(d) and (e) are enhanced to be more consistent with analogous provisions in
Chapter 59 of the Commission's rules.
Clarifying amendments are made to §66.80. Fees are relocated to §66.80
from §§66.82, 66.83, and 66.85, which are repealed. Technical corrections
are made to §66.90. Finally, the code of ethics is placed in new §66.100.
The Department drafted and distributed the proposed rules to persons internal
and external to the agency. No comments were received concerning the amended
or new rules.
The amended and new rules are adopted under Texas Occupations
Code, Chapters 51 and 1152, which authorize the Commission to adopt rules
as necessary to implement those chapters. The statutory provisions affected
by the new and amended rules are those set forth in Texas Occupations Code,
Chapters 51 and 1152. No other statutes, articles, or codes are affected by
the adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 12, 2006.
TRD-200600206
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: February 1, 2006
Proposal publication date: November 11, 2005
For further information, please call: (512) 463-6208
16 TAC §§66.21, 66.22, 66.24, 66.60, 66.62 - 66.64, 66.82, 66.83, 66.85, 66.91
The Texas Commission of Licensing and Regulation ("Commission")
adopts the repeal of existing rules at 16 Texas Administrative Code, Chapter
66, rules §§66.21, 66.22, 66.24, 66.60, 66.62, 66.63, 66.64, 66.82,
66.83, 66.85, and 66.91, regarding the property tax consultants program, without
changes as published in the November 11, 2005, issue of the
Texas Register
(30 TexReg 7346) and will not be republished.
The repeal is necessary to update statutory references and conform rule
requirements to current law. In addition, these rule changes are needed to
reorganize provisions for greater clarity and readability and to delete unnecessary
provisions. Section 66.21 is repealed because unnecessary provisions are deleted
and all other provisions are relocated to other sections. Certain requirements
of §66.21 are not needed because they repeat statutory requirements or
contain detail that can be addressed adequately in a Department application
form. Section 66.22 is repealed to be replaced with a new continuing education
rule at §66.25. Section 66.24 is repealed because examination rescheduling
is addressed in a general Commission rule at 16 Texas Administrative Code §60.84.
Section 66.60 is repealed as unnecessary because Department complaint procedures
are addressed in other rule and statutory provisions. The substance of §66.63
is relocated to new §66.21. Requirements of §66.62 are incorporated
into §66.21. Section 66.64 is repealed because subsection (a) is unnecessary
in light of the Department's statutory authority to investigate complaints,
and the substance of subsection (b) is incorporated into §66.72.
Fees are relocated to §66.80 from §§66.82, 66.83, and 66.85,
which are repealed. Section 66.91 is repealed because it merely repeats statutory
provisions.
The Department drafted and distributed the proposed rules to persons internal
and external to the agency. No comments were received concerning the repealed
rules.
The rule repeal is adopted under Texas Occupations Code, Chapters
51 and 1152, which authorize the Commission to adopt rules as necessary to
implement those chapters. The statutory provisions affected by the repealed
rules are those set forth in Texas Occupations Code, Chapters 51 and 1152.
No other statutes, articles, or codes are affected by the adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 12, 2006.
TRD-200600205
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: February 1, 2006
Proposal publication date: November 11, 2005
For further information, please call: (512) 463-6208
16 TAC §§74.10, 74.20, 74.25, 74.30, 74.50, 74.55, 74.60, 74.65, 74.70, 74.75, 74.80, 74.85, 74.90
Texas Commission of Licensing and Regulation ("Commission")
adopts the amendments to existing rules at 16 Texas Administrative Code, Chapter
74, §§74.10, 74.20, 74.25, 74.30, 74.50, 74.55, 74.60, 74.65, 74.70,
74.75, 74.80, 74.85 and 74.90 regarding elevators, escalators and related
equipment, without changes as published in the November 18, 2005, issue of
the
Texas Register
(30 TexReg 7665) and will
not be republished.
These amendments are necessary to clarify the language of the rules and
to bring the rules into closer compliance with statutory provisions.
Rule 74.10 Definitions is amended to delete the definition of "accident"
since the term is clearly defined by statute. The definition of ASCE Code
21 is also deleted as the term is defined by statute and no addenda need to
be included. Paragraph (17), unsafe elevator or escalator has been amended
so that equipment that has any defect that presents a risk of serious injury
is unsafe. Paragraph (18) is amended to delete the word "permanent" from the
definition of waiver and to add the phrase "for an indefinite period of time."
Rule 74.20 Inspector Registration Requirements is amended to clarify rule
language in several areas. It is also amended to delete the requirement that
inspectors attend an annual meeting conducted by the department, and to provide
that inspectors shall attend a meeting when the Executive Director determines
that a meeting is needed. It is anticipated that such meetings will occur
less frequently than annually.
Rule 74.25 Contractor Registration Requirements is amended to clarify procedures
for contractor registration and registration renewals. It is also amended
at subsection (d)(3) and (4) to provide that quarterly reports should include
jobs performed as opposed to the requirement that they report jobs contracted.
Rule 74.30 Exemptions is amended to include all statutorily provided exemptions.
Rule 74.50 Reporting Requirements--Building Owner is amended at subsection
(a)(2) to require reports for each unit of equipment in a building rather
than the current requirement for reports for a unit of equipment. Subsection
(b)(1) is amended to provide that tenants or occupants shall be notified of
certain delays. Subsection (c) requiring owners to submit in writing the status
of all delays is deleted. Subsections (c), (d) and (e) as amended, clarify
references to codes.
Rule 74.55 Reporting Requirements--Inspector is amended at subsection (a)
to change a filing deadline from ten working days to ten calendar days to
comply with the statute. Subsection (b) is deleted and a new subsection (c)
is amended to replace working days with calendar days.
Rule 74.60 Standards of Conduct for Inspector or Contractor Registrants
is amended at subsection (e)(6) to delete the reference to an employee or
a full or partial owner.
Rule 74.65 Advisory Board is amended to delete the sentence providing that
the Board consists of 13 members since the size of the Board is prescribed
by statute.
Rule 74.70 Responsibilities of the Building Owner is amended at subsection
(a) to remove the requirement for an owner to contract or employ an inspector
and replace it with the requirement to obtain services of a registered inspector.
Subsection (c) is amended to require that maintenance and inspection records
be available in the building rather than requiring that copies be kept in
the building. Subsection (d) is amended to add a reference to the statute.
Subsection (e) is amended to require that persons performing inspections must
be registered with the department. Subsection (k)(1)(A) is amended to specify
maximum and minimum heights at which certificates must be displayed. Subsection
(k)(2) is amended to provide for display of escalator certificates or identifier
plaques within 10 feet of the entry and the exit of an escalator and to delete
the requirement for display in the escalator box as the interior of the box
may not be visible to the public. Subsection (n)(2) is added to require reinspection
and certification when equipment has been determined to be unsafe or if cosmetic
alterations to an elevator cab has made the elevator unsafe. Subsection (n)
has been added to require the owner to have copies of all waivers and delays
in the machine room for use by elevator personnel.
Rule 74.75 Responsibilities of the Inspector has been amended at subsection
(a)(4) to replace the requirement that the person performing safety tests
sign inspection reports with a requirement that the building owner sign the
reports. Subsection (a)(7) is added to provide that equipment shall not be
used by the public until the equipment is completely installed and all work
is completed. Subsection (c)(1) is amended to clarify the placement of test
tags.
Section 74.80 Fees is amended to remove subsection (a)(4) setting a fee
for inspector education programs, and other subsections are amended to clarify
the rule language. Rule 74.85 Responsibilities of the Department is amended
by adding subsection (d) to provide that the department may review inspection
reports.
The department drafted and distributed the proposed rules to persons internal
and external to the agency. One public comment was received in response to
the proposed amendments. The amendments are made in response to Texas Department
of Licensing and Regulation's review of Chapter 74, pursuant to Government
Code §2001.039 which resulted in the Commission making a determination
that the rules as amended should be maintained.
The commenter expressed concern that changing Rule 74.75 (a)(4) to replace
the requirement that the person performing inspections sign the report with
a requirement that the building owner sign the report would cause an increase
in the costs to owners to have inspections performed. This is not a change
in procedure insofar as the owner is concerned; the inspection form already
requires the owner or the owner's agent to sign the report. Rather, it is
a rule change to bring the rule into agreement with practice. The commenter
also noted changes to subsection (a)(7) and (c)(1) but did not propose changes
or express any concern about the noted changes. The Commission has not made
any change in response to the comment.
The amendments are adopted under Health and Safety Code, Chapter
754 and Occupations Code, Chapter 51, which authorizes the Commission to adopt
rules as necessary to implement this chapter and any other law establishing
a program regulated by the Texas Department of Licensing and Regulation.
The statutory provisions affected by the adoption are those set forth in
Health and Safety Code, Chapter 754 and Texas Occupations Code, Chapter 51.
No other statutes, articles, or codes are affected by the adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 12, 2006.
TRD-200600204
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: February 1, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 463-6208
Chapter 3.
OIL AND GAS DIVISION
Chapter 8.
PIPELINE SAFETY REGULATIONS
Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION
Chapter 66.
REGISTRATION OF PROPERTY TAX CONSULTANTS
Chapter 74.
ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT
Chapter 77.
SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS