ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 31. NATURAL RESOURCES AND CONSERVATION PART II. Texas Parks and Wildlife Department CHAPTER 51. Executive The Texas Parks and Wildlife Commission in a regularly scheduled public hearing May 9, 1996, adopted repeal of sec.sec.51.1-51.9 and adopted new sec.sec.51.1- 51.4, concerning procedures for adoption of rules, without changes to proposed text as published in the April 5, 1996 issue of the Texas Register (20 TexReg 2959). Procedures for adoption of rules are codified in Government Code, Chapter 2001, Subchapter B. State agencies are directed to prescribe the form and procedures for a petition for rulemaking under provisions of sec.2001.021, however the procedures for rulemaking are not specified. The repeal of existing sections and adoption of new rules remove redundant sections from the Texas Administrative Code and provide a clear process through which petitions for rulemaking may be submitted to the Commission. The department received one comment concerning the proposed rules. One respondent at the public hearing requested the Commission not adopt the repeal and proposed new rules because such an action would inhibit the access of citizens to the regulatory process. The department received no other comment concerning the repeal of rules and adopted new rules. The Commission's adoption of provisions for petitions for rulemaking represents a recodification of existing sections with no substantive change. Citizens access to the regulatory process or ability to file petitions for rulemaking are not affected by this recodification. Easement Requests and Unauthorized Easement Activity 31 TAC 51.1-51.9 The repeals are adopted under Government Code, Chapter 2001, Subchapter B. 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. Issued in Austin, Texas, on May 28, 1996. TRD-9607401 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Effective date: June 18, 1996 Proposal publication date: April 5, 1996 For further information, please call: (512) 389-4642 31 TAC sec.sec.51.1-51.4 The new sections are adopted under Government Code, Chapter 2001, Subchapter B. 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. Issued in Austin, Texas, on May 28, 1996. TRD-9607400 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Effective date: June 18, 1996 Proposal publication date: April 5, 1996 For further information, please call: (512) 389-4642 Procedures for Public Hearings Before the Commission 31 TAC 51.71-51.79 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, May 9, 1996, adopted repeal sec.sec.51.71-51.79, concerning procedures for public hearings before the Commission, without changes to proposed text as published in the April 5, 1996 issue of the Texas Register (20 TexReg 2960). Parks and Wildlife Code, sec.11.0151 directs the Commission to develop and implement policies that will provide the public with a reasonable opportunity to speak. The current regulations concerning public hearings were enacted prior to the May 1985 adoption of a Commission policy regarding public hearings. This policy adoption renders sec.sec.51.71-51.79 redundant. The repeals remove redundant sections from the Texas Administrative Code. The department received one comment concerning the proposed rule. One respondent at the public hearing requested the Commission not adopt the repeal because such an action would inhibit the ability of citizens to speak before the Commission to provide public comment. The department received no other comment concerning the proposed repeals. The Commission's repeal of sec.sec.51.71-51.79 in no way prohibits citizens from making public comment before the Commission. The rights of citizens to make comment are codified in Parks and Wildlife Code, Chapters 11 and 61. The repeals are proposed under Parks and Wildlife Code, sec.11.0151, which gives the commission authority to adopt policies relating to public hearings. 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. Issued in Austin, Texas, on May 28, 1996. TRD-9607403 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Effective date: June 18, 1996 Proposal publication date: April 5, 1996 For further information, please call: (512) 389-4642 CHAPTER 55. Law Enforcement The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, May 9, 1996, adopted repeal of sec.sec.55.61-55.74, concerning Deputy Game Warden Commissions, and new sec.sec.55.61-55.64, concerning Deputy and Special Game Warden Commissions, without changes to proposed text as published in the April 5, 1996 issue of the Texas Register (20 TexReg 2961). The repeals and new sections consolidate two existing auxiliary game warden programs. The repeals and new sections as adopted remove redundant sections from the Texas Administrative Code. The new rules set forth the regulations for the qualifications of deputy game wardens, and the conduct and duties of deputy game wardens and special game wardens. The department received no comment concerning the proposed repeals and new rules. SUBCHAPTER C. Deputy Game Warden Commission 31 TAC 55.61-55.74 The repeals are adopted under Parks and Wildlife Code, sec.11.020, which gives the commission authority to adopt rules relating to the qualifications of deputy game wardens, and the conduct and duties of deputy game wardens. 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. Issued in Austin, Texas, on May 28, 1996. TRD-9607406 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Effective date: June 18, 1996 Proposal publication date: April 5, 1996 For further information, please call: (512) 389-4642 SUBCHAPTER C. Deputy and Special Game Warden Commissions 31 TAC 55.61-55.64 The new sections are adopted under Parks and Wildlife Code sec.sec.11.020 - 11.021, which give the commission authority to adopt rules relating to the qualifications of deputy game wardens, and the conduct and duties of deputy game wardens and special game wardens. 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. Issued in Austin, Texas, on May 28, 1996. TRD-9607407 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Effective date: June 18, 1996 Proposal publication date: April 5, 1996 For further information, please call: (512) 389-4642 SUBCHAPTER H. Special Game Warden Program 31 TAC 55.401, 55.403, 55.405, 55.407, 55.409, 55.411 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, May 9, 1996, adopted repeal of sec.sec.55.401, 55.403, 55.405, 55.407, 55.409, and 55.411, concerning Special Game Warden Program, without changes to proposed text as published in the April 5, 1996 issue of the Texas Register (20 TexReg 2962). The repeals allow consolidation of two existing game warden programs into a single set of regulations. The repeals as adopted remove redundant sections from the Texas Administrative Code. The department received no comment concerning the proposed repeals. The repeals are adopted under Parks and Wildlife Code, sec.11.0201, which gives the commission authority to adopt rules relating to the conduct and duties of special game wardens. 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. Issued in Austin, Texas, on May 28, 1996. TRD-9607408 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Effective date: June 18, 1996 Proposal publication date: April 5, 1996 For further information, please call: (512) 389-4642 CHAPTER 57. Fisheries Private Water Management 31 TAC 57.181-57.184 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, May 9, 1996, adopted repeal of sec.sec.57.181-57.184, concerning Private Water Management, without changes to proposed text as published in the April 5, 1996 issue of the Texas Register (20 TexReg 2963). Parks and Wildlife Code sec.12.014 authorizes the Commission to set fees for stocking of fish in private waters. However, Chapter 52, (concerning Stocking Policy) sets guidelines for stocking of fish in private waters for investigation, propagation, distribution, scientific, educational or other valid management purposes. This policy negates the need for sec.sec.57.181-57.184. The repeals remove redundant sections from the Texas Administrative Code. The department received no comment concerning the proposed repeals. The repeals are adopted under Parks and Wildlife Code, sec.12.014 which gives the commission authority to set fees for stocking of fish in private waters. 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. Issued in Austin, Texas, on May 28, 1996. TRD-9607420 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Effective date: June 18, 1996 Proposal publication date: April 5, 1996 For further information, please call: (512) 389-4642 CHAPTER 65. Wildlife SUBCHAPTER F. Permits to Control Protected Species 31 TAC 65.151-65.157 The Texas Parks and Wildlife Commission in a regularly scheduled public hearing, May 9, 1996, adopted repeal of sec.sec.65.151-65.157, concerning Permits to Control Protected Species, without changes to proposed text as published in the April 5, 1996 issue of the Texas Register (20 TexReg 2980). The provisions for issuing permits for controlling protected species are codified in Parks and Wildlife Code, Chapter 43, Subchapter H, sec.sec.43.151- 43.157. This codification renders these TAC sections redundant. The repeals remove redundant sections from the Texas Administrative Code. The department received no comment concerning the proposed repeals. The repeal of sections sec.sec.65.151-65.157 is adopted under authority of Parks and Wildlife Code, sec.sec.43.151-43.157. 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. Issued in Austin, Texas, on May 28, 1996. TRD-9607402 Bill Harvey Regulatory Coordinator Texas Parks and Wildlife Department Effective date: June 18, 1996 Proposal publication date: April 5, 1996 For further information, please call: (512) 389-4642 PART VI. Texas Department of Criminal Justice CHAPTER 151. General Provisions 37 TAC sec.151.55 The Texas Department of Criminal Justice adopts new sec.151.55, concerning the sale and disposal of surplus agricultural goods and surplus agricultural personal property, without changes to the proposed text as published in the March 26, 1996, issue of the Texas Register (21 TexReg 2457). The new section will increase accountability for the disposal of surplus agricultural goods and agricultural personal property. No comments were received regarding adoption of the new section. The new section is adopted under Government Code, sec.497.034, which specifically authorizes this section and sec.492.013, which grants rulemaking authority to the Board. This agency hereby certifies that the rules as adopted have been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on May 29, 1996. TRD-9607439 Carl Reynolds General Counsel Texas Department of Criminal Justice Effective date: June 19, 1996 Proposal publication date: March 26, 1996 For further information, please call: (512) 463-9693 TITLE 40. SOCIAL SERVICES AND ASSISTANCE PART II. Texas Rehabilitation Commission CHAPTER 106. Contract Administration SUBCHAPTER A. Acquisition of Client Goods and Services 40 TAC sec.sec.106.1-106.36 The Texas Rehabilitation Commission (TRC) adopts new sec.sec.106.1-106.36, concerning Chapter 106 Contract Administration, Subchapter A-Acquisition of Client Goods and Services. Section 106.8 and sec.106.17 are adopted with changes to the proposed text published in the April 19, 1996, issue of the Texas Register (21 TexReg 3422). The remaining sections are adopted without changes and will not be republished. These adopted rules are to implement the Commission's contracting authority contained in Title 7, sec.l11.052, Texas Human Resource Code, and to formalize by rule that client purchases are exempt from the provisions of the Texas Government Code sec.sec.2155.001 et. seq. as provided for in Attorney General Opinions Number 0-2771 (1940), Number WW-1229 (1961), Number M. 91 (1967), and Number H-459 (1974. The following comments were received regarding sec.106.8: Comments were received recommending that the Title to sec.106.8 be changed to track EDGAR, 34 C.F.R. sec.80.36, which governs contracting with small and minority firms, with women's business enterprises, and persons with disabilities, as 34 C.F.R. sec.80.36 governs. The Commission agrees. The title to sec.106.8 will thus read: "Small businesses, and businesses owned by minorities, women, and persons with disabilities." The following comments were received regarding sec.106.17: Comments were received recommending that in sec.106.17, a sentence which reads "After award, such information is generally subject to public disclosure," be changed to read "After bid opening, such information is generally subject to public disclosure." The Commission agrees. This change would conform TRC rules with the policy of the General Services Commission disclosure after bid opening. No comments were received regarding the remaining sections. The new rules are adopted under Texas Human Resource Code Annotated, Title 7, sec.111.018, which provides the Texas Rehabilitation Commission with the authority to promulgate rules consistent with Title 7, Texas Human Resources Code. The Texas Human Resources Code, Chapter 111, Title 7, sec.111.052, is affected by these new rules. sec.sec.106.8.Small Businesses and Businesses Owned by Minorities, Women, and Persons with Disabilities. It is the policy of the Commission to ensure that small businesses and businesses that are at least 51% owned by minority group members, women, and persons with disabilities have equal opportunity to compete for and to be selected for the award of contracts. The Commission should take all necessary affirmative steps to ensure that such businesses have an opportunity to obtain Commission business. In addition, the Commission must direct its contractors to take such affirmative steps. sec.sec.106.17.Confidentiality and Release of Information. Prior to the award of a contract, it is the Commission's policy to treat as confidential any information relating to the procurement that has not been publicly released. While competition is in progress, all bids, offers, and proposals are not subject to public disclosure. Employees of the Commission may not refer to the content of another bid, offer, and proposal, give information about other bids, offers, and proposals, or state whether there are other bids, offers, and proposals. After bid opening such information is generally subject to public disclosure. 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. Issued in Austin, Texas, on May 28, 1996. TRD-9607429 Charles W. Schiesser General Counsel Texas Rehabilitation Commission Effective date: June 18, 1996 Proposal publication date: April 19, 1996