Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 31. NATURAL RESOURCES AND CONSERVATION Part I. General Land Office Chapter 25. Beach Cleaning and Maintenance Assistance Program 31 TAC sec.sec.25.4, 25.12, 25.19 The General Land Office adopts on an emergency basis amendments to sec.sec.25. 4, 25.12 and 25.19, concerning state funding assistance to local governments for the maintenance and cleaning of public beaches. These sections are adopted on an emergency basis in order to allocate funds necessary to protect public safety and welfare by ensuring adequate cleaning and maintenance of public beaches. The amendments are adopted on an emergency basis under Texas Natural Resources Code, sec.61.061 et. seq, which provides the General Land Office with the authority to allocate responsibility for cleaning the beaches of Texas and to preserve and protect local initiative in the maintenance and administration of beaches. sec.25.4. Notification of Available Funds. (a) The agency shall use the following formula for calculating the amount of funds available to each city and county for the fiscal year[:]. Seventy-five percent of funds available for distribution shall be allocated by determining each participant's
    [the] proportionate share of total participant expenditures during the 11 quarters prior to June 1 of the fiscal year preceding the year participant is applying for reimbursement.
      [times the amount appropriated by the Legislature for the fiscal year.] Twenty-five percent of the funds available for distribution shall be allocated by determining each participant's proportionate share of total linear footage of gulf beach which the participants will clean and maintain pursuant to project agreements authorized in sec.25.11 of this title (relating to Project Agreement.) (b) (No change.) sec.25.12. Eligible Costs. (a) To be eligible for state reimbursement: (1) all costs incurred must be as a result of beach cleaning and maintenance
        activities only on public beaches as defined in sec.25.1 of this title (relating to definitions); (2)-(3) (No change.) (b) Participants are not eligible to receive available funds from the state for administrative costs in excess of 10% of the total amount of costs incurred for which the participant applies. (c)
          [(b)] State laws and policies prohibit the state from participating in the purchase of equipment not assigned to a state agency. The agency will recognize as eligible for costs only equipment rental during the period of an approved project and only when such equipment is actually used for beach cleaning activities. Rental rates may be based on actual rental costs or the participant's approved rental rates for the equipment if it is owned by the applicant. Necessary expendable items such as trash receptacles are eligible costs, but the agency reserves the right to determine which items are expendable in nature. (d)
            [(c)] Costs incurred within the fiscal year the application is approved but prior to the date the application is approved will be eligible for reimbursement if documented in the same manner as reimbursement costs incurred after an application is approved. sec.25.19. Maintenance of Records and Accounts . (a) -(c) (No change.) (d) Participants charging a fee for public beach use and access as authorized by the General Land Office rules for management of the beach/dune system ( s15.8 of this title (relating to Beach User Fees)) may be reimbursed for expenditures only under the following conditions. (1) The participant is currently in compliance and has been in compliance with the beach user fee provisions contained in the General Land Office rules for management of the beach/dune system (sec.15.8 of this title) during the fiscal year for which reimbursement is sought. (2) The participant maintains and spends the funds received under this subchapter subject to the same requirements as those provided for beach user fee revenues in the General Land Office rules for management of the beach/dune system ( s15.8 of this title). (e)
              [(d)] All substantiating documents in support of this program will be kept in the office of the county or city internal auditor, or if the county or city does not have an internal auditor, in the office of its chief financial officer, for a period of two years following the termination of the state fiscal year in which the project agreement expires. Issued in Austin, Texas, on April 21, 1993. TRD-9322071 Garry Mauro Commissioner General Land Office Effective date: April 23, 1993 Expiration date: July 8, 1993 For further information, please call: (512) 463-5725 TITLE 34. PUBLIC FINANCE Part I. Comptroller of Public Accounts Chapter 3. Tax Administration Subchapter O. State Sales and Use Tax 34 TAC sec.3.360 The Comptroller of Public Accounts is renewing the effectiveness of the emergency renewal of amended sec.3.360, for a 60-day period effective May 1, 1993. The text of amended sec.3.360 was originally published in the January 8, 1993, issue of the Texas Register (18 TexReg 151). Issued in Austin, Texas, on April 26, 1993. TRD-9322104 Martin E. Cherry Chief, General Law Section Comptroller of Public Accounts Effective date: May 1, 1993 Expiration date: July 1, 1993 For further information, please call: (512) 463-4028