Adopted Rule Reviews
On-Site Wastewater Treatment Research Council
Title 31, Part 9
The Texas On-Site Wastewater Treatment Research Council (council)
adopts the rules review and readopts 31 TAC Chapter 286, On-Site Wastewater
Treatment Research Council, without changes, in accordance with the
requirements of Government Code, §2001.039, which requires state
agencies to review and consider for readoption each of their rules
every four years. The review must include an assessment of whether
the reasons for the rules continue to exist. Any updates, consistency
issues, or other changes, if needed, will be addressed in a separate
rulemaking. The notice of intention to review was published in the
April 3, 2009, issue of the Texas Register (34 TexReg 2243).
CHAPTER SUMMARY
Chapter 286 provides for the organization, administration, and
general procedures and policies concerning the council's operation.
The rules define the organization and administration of the council.
The primary purpose of the council is to award competitive grants
to enhance the development of on-site wastewater treatment systems
through applied research, demonstration projects, and technology transfer.
These rules provide the procedures for submission of grant applications
and establish criteria for eligibility of grant applications and for
the selection of grant awards. The rules also provide the procedures
for accepting grants and donations to the council.
ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST
The council conducted a review and determined that the reasons
for the rules in Chapter 286 continue to exist. The rules are necessary
to implement the requirements in Health and Safety Code, Chapter 367,
and for the operation of the council. The rules define the council's
grant review and awarding process. Therefore, the rules are necessary
to carry out the functions and duties of the council.
PUBLIC COMMENT
The public comment period closed on May 4, 2009. No comments were received.
STATUTORY AUTHORITY
The rules are re-adopted under Health and Safety Code, §367.008,
which authorizes the council to establish procedures for awarding
competitive grants and disbursing grant money. The council interprets
that section as authorizing it to re-adopt these rules because the
procedures the council is statutorily authorized to adopt meet the
definition of a "rule" under the Administrative Procedure Act, Government
Code, Chapter 2001.
The council hereby certifies that the sections as re-adopted have
been reviewed by legal counsel and found to be a valid exercise of
the agency's authority.
TRD-200902870
Janet Meyers
Chairman
On-Site Wastewater Treatment Research Council
Filed: July 14, 2009
Title 22, Part 29
The Texas Board of Professional Land Surveying (TBPLS) adopts the
review of Texas Administrative Code, Title 22, Part 29, Chapter 661
concerning General Rules of Procedures and Practices, Chapter 663
concerning Standards of Responsibility and Rules of Conduct, Chapter
664 concerning Continuing Education and Chapter 665 concerning Examination
Advisory Committee as published in the December 5, 2008, issue of
the Texas Register (33 TexReg 10069).
The agency's reason for adopting the rules contained in these chapters
continues to exist.
No comments were received regarding adoption of the rule review.
This concludes the review of Chapter 661 - General Rules of Procedures
and Practices, Chapter 663 - Standards of Responsibility and Rules
of Conduct, Chapter 664 - Continuing Education and Chapter 665 - Examination
Advisory Committee.
TRD-200902845
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Filed: July 13, 2009
Texas Board of Professional Land Surveying