Proposed Rule Reviews
Texas Department of Agriculture
Title 4, Part 1
The Texas Department of Agriculture (the department) files this Notice
of Intention to Review Title 4, Texas Administrative Code, Part 1, Chapter
29, Subchapter A, concerning Rural Economic Development Program, pursuant
to the Texas Government Code, §2001.039. Section 2001.039 requires state
agencies to review each of their rules every four years and consider the
rules under review for readoption, revision or repeal. The review must include
an assessment of whether the original justification for the rules continues
to exist.
The assessment of Title 4, Part 1, Chapter 29, Subchapter A, by the department
at this time indicates that the original justification for the rules continues
to exist and the department is proposing to readopt all sections in Chapter
29, Subchapter A, without changes.
Comments on the review of Chapter 29, Subchapter A, may be submitted to
Robert Wood, Assistant Commissioner for Rural Economic Development, Texas
Department of Agriculture, P.O. Box 12847, Austin, Texas 78701, and must
be received by the department within 30 days of the publication of this notice
in the
Texas Register
.
TRD-200603658
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: July 10, 2006
Title 28, Part 2
The Texas Department of Insurance, Division of Workers' Compensation files
this notice of intention to review the rules contained in Chapter 51 concerning
Award of the Board. This review is pursuant to the General Appropriations
Act, Article IX, §167, 75th Legislature, the General Appropriations Act,
Section 9-10, 76th Legislature, and Texas Government Code §2001.039 as
added by SB-178, 76th Legislature.
The Division's reason for adopting the following rules contained in this
chapter continues to exist and it proposes to readopt these rules:
§51.10. Joint Payment of Award.
§51.15. Periodic Installments.
§51.20. Lump Sum Payment.
§51.25. Request for Review.
§51.30. Review of Award.
§51.50. Payments of Attorney Fees.
§51.65. Attorney Fees.
Comments regarding whether the reason for adopting these rules continues
to exist must be received by 5:00 p.m. on August 21, 2006, and submitted to
Kristi Dowding, Legal and Compliance, Texas Department of Insurance, Division
of Workers' Compensation, 7551 Metro Center Drive, Suite 100, MS-4D, Austin,
Texas 78744-1609.
TRD-200603708
Norma Garcia
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: July 12, 2006
The Texas Department of Insurance, Division of Workers' Compensation files
this notice of intention to review the rules contained in Chapter 61 concerning
Prehearing Conferences. This review is pursuant to the General Appropriations
Act, Article IX, §167, 75th Legislature, the General Appropriations Act,
Section 9-10, 76th Legislature, and Texas Government Code §2001.039 as
added by SB-178, 76th Legislature.
The Division's reason for adopting the following rules contained in this
chapter continues to exist and it proposes to readopt these rules:
§61.5. Request for Prehearing Conference.
§61.7. Request of Prehearing Conference.
§61.15. Setting under Texas Civil Statutes, Article 8306, §18a.
§61.20. Setting on Hardship.
§61.25. Setting at Carrier's Request.
§61.30. Filing of Medical Information.
§61.35. Exchange of Medical Information.
§61.40. Additional Medical.
§61.45. Charges for Reports.
§61.50. Representatives Must Be Qualified.
§61.55. Supply of Forms.
§61.60. Attendance at Conference.
§61.65. Request for Cancellation of Prehearing Conference.
§61.70. Maintain Setting.
§61.75. Failure To Appear.
§61.80. Preparation at Conference.
§61.85. Carrier Self-Audit of Prehearing Conference.
§61.90. Conduct at Prehearing Conference.
§61.95. Consular Officers.
Comments regarding whether the reason for adopting these rules continues
to exist must be received by 5:00 p.m. on August 21, 2006, and submitted to
Kristi Dowding, Legal and Compliance, Texas Department of Insurance, Division
of Workers' Compensation, 7551 Metro Center Drive, Suite 100, MS-4D, Austin,
Texas 78744-1609.
TRD-200603709
Norma Garcia
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: July 12, 2006
Title 16, Part 1
The Railroad Commission of Texas files this notice of intent to review
and re-adopt all rules in 16 Texas Administrative Code (TAC) Chapter 4, relating
to Environmental Protection, in accordance with Texas Government Code, §2001.039.
The Commission's reasons for adopting these rules continue to exist. Through
the rules in Chapter 4, Subchapter D, the Commission has established and the
Oil and Gas Division administers the voluntary cleanup program. The purpose
of this program is to provide an incentive to clean up property contaminated
by activities under Commission jurisdiction by removing the liability to the
state of lenders, developers, owners, and operators who did not cause or contribute
to contamination released at the site. The program is restricted to voluntary
actions but does not replace other voluntary actions. Through the rules in
Chapter 4, Subchapter F, the Commission has established requirements for the
identification of equipment contaminated with oil and gas Naturally Occurring
Radioactive Material (NORM), and the disposal of oil and gas NORM waste for
the purpose of protecting public health, safety, and the environment.
In a separate, currently pending rulemaking, the Commission has proposed
new rules §§4.201-4.226, in new Subchapter B of Chapter 4, in response
to a petition for rulemaking concerning commercial recycling facilities and
based on its experience with permitting such facilities over the past several
years. The proposal was published in the June 2, 2006, issue of the
Comments on the notice of intent to review all rules in 16 TAC Chapter
4 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 Leslie Savage at (512) 463-7308. The status of Commission
rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.
Issued in Austin, Texas on July 6, 2006.
TRD-200603621
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Filed: July 6, 2006
The Railroad Commission of Texas files this notice of intent to review
and re-adopt all rules in 16 Texas Administrative Code (TAC) Chapter 7, relating
to Gas Services Division, in accordance with Texas Government Code, §2001.039.
The Commission's reasons for adopting these rules continue to exist. Through
the rules in Chapter 7, the Commission administers the regulatory statutes
pertaining to gas utilities. Subchapter B includes the minimum service standards
for gas utility service to residential and small commercial customers in unincorporated
areas; requirements for communication by gas utilities with members or employees
of the Commission; procedures and requirements for filing documents; and minimum
content and notice requirements for statements of intent and petitions for
review of municipal action. Subchapter C contains the rules for gas utilities'
filing of records, annual reports, and tariffs, and for administration of
the gas utility tax. Subchapter D contains the rules for customer service
and protection, including rules governing gas distribution in mobile home
parks, apartment houses, and apartment units; curtailment standards; suspension
of gas utility service disconnection during an extreme weather emergency;
and abandonment. In Subchapter E, the Commission's has adopted rules for rates
and rate-setting procedures, including standards for including certain investments
and expenses in the costs of a gas utility for rate-setting purposes. Subchapter
G contains the code of conduct rule, which specifies standards of conduct
governing the provision of gas transportation services, for the purpose of
preventing discrimination. Subchapter H contains the rule prescribing the
procedures and standards for gas utility interim rate adjustments. Finally,
Subchapter I contains the rule that created the natural gas pipeline competition
study advisory committee, created to give the Commission the benefit of the
members' collective business, technical, and operating expertise and experience
to help the Commission review competition in the Texas intrastate natural
gas pipeline industry, assess the effect of current statutes and rules on
competition, and develop recommendations for changes to statutes or rules
that may be necessary, in conformance with Article VI, Railroad Commission,
Section 16, Appropriations Act, 2006-2007 Biennium, 79th Legislature, Regular
Session, 2005.
Comments on the notice of intent to review all rules in 16 TAC Chapter
7 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 Jackie Standard at (512) 463-7118. The status of Commission
rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.
Issued in Austin, Texas on July 6, 2006.
TRD-200603622
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Filed: July 6, 2006
The Railroad Commission of Texas files this notice of intent to review
and re-adopt all rules in 16 Texas Administrative Code (TAC) Chapter 15, relating
to Alternative Fuels Research and Education Division, in accordance with Texas
Government Code, §2001.039. The Commission's reasons for adopting these
rules continue to exist. Through the rules in Chapter 15, the Alternative
Fuels Research and Education Division (AFRED) of the Commission administers
the Alternative Fuels Research and Education program pursuant to Texas Natural
Resources Code, §§113.241,
et seq
.
The rules establish when the obligation to pay a delivery fee is imposed;
which persons are responsible for paying the fee; which persons are responsible
for reporting, collecting and remitting fees to the commission; and the amount
of fees due, based on net volume of odorized LPG imported or delivered into
any means of conveyance to be sold and placed into commerce. In addition,
through the rules in Chapter 15, AFRED administers for purchasers of eligible
LPG appliances and equipment a consumer rebate program that achieves energy
conservation and efficiency or improves the quality of air in this state;
administers for Texas retail propane dealers a media rebate program that achieves
increased public awareness and assists in the marketing of propane as an environmentally
beneficial alternative fuel; administers for Texas retail propane and natural
gas motor fuel outlets an alternative fuel highway signage rebate program
that achieves increased public awareness and convenience in the use of propane
and natural gas as motor fuels; and administers a manufactured housing incentive
program that increases public awareness and assists in the marketing of propane
as an environmentally beneficial alternative fuel.
In a separate rulemaking, the Commission intends to propose an amendment
to §15.30, relating to Propane Alternative Fuels Advisory Committee,
to extend the sunset date for the committee beyond the current abolishment
date of October 31, 2006. This proposed amendment will be filed with the
Comments on the notice of intent to review all rules in 16 TAC Chapter
15 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 Dan Kelly at (512) 463-7291. The status of Commission rulemakings
in progress is available at www.rrc.state.tx.us/rules/proposed.html.
Issued in Austin, Texas on July 6, 2006.
TRD-200603623
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Filed: July 6, 2006
Texas Department of Insurance, Division of Workers' Compensation
Railroad Commission of Texas
Adopted Rule Reviews