Texas Register, Volume 35, Number 6, Pages 711-960, February 5, 2010 Page: 730
711-960 p. ; 28 cm.View a full description of this periodical.
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116.25. Paper Recycling Training.
116.26. Delegation of Responsibility.
116.27. Guidelines and Procedures for Collecting and Recycling
Waste Paper.
116.28. Interagency Agreement for Paper Recycling Services.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on January 20,
2010.
TRD-201000244
Kay Molina
General Counsel
Texas Facilities Commission
Earliest possible date of adoption: March 7, 2010
For further information, please call: (512) 463-4257
CHAPTER 117. MANDATORY PAPER
RECYCLING PROGRAM
1 TAC 117.1 - 117.7
Introduction and Background.
The Texas Facilities Commission (Commission) proposes new
Chapter 117, 117.1 - 117.7. During its rule review, published
in the September 4, 2009, issue of the Texas Register (34
TexReg 6127), the Commission has reviewed and considered
Texas Administrative Code, Title 1, Chapter 116 for readoption,
revision, or repeal in accordance with the Texas Government
Code 2001.039 (Vernon 2008). The Commission has con-
sidered, among other things, whether the agency rulemaking
authority and business necessity associated with the adoption
of these rules continue to exist. No comments were received on
the proposed rule review.
The Commission has determined that the agency rulemaking au-
thority remains in effect and the business necessity for the pro-
visions within Chapter 116, including the rules in Subchapter B
pertaining to the Commission's Mandatory Paper Recycling Pro-
gram (Program), also continue to exist. The Commission, how-
ever, intends by this proposal to establish a new stand-alone
chapter relating solely to the Program comprised of a portion
of the provisions from former Subchapter B and designated as
Chapter 117. In a concurrent notice, the Commission proposes:
(i) readoption with amendment of Texas Administrative Code, Ti-
tle 1, Part 5, Chapter 116, Subchapter A and (ii) repeal of Texas
Administrative Code, Title 1, Part 5, Chapter 116, Subchapter
B. These rules are proposed pursuant to the rulemaking au-
thority contained in Texas Government Code 2175.061(b) and
2175.902 (Vernon 2008).
Section by Section Summary.
Within new Chapter 117, the Commission proposes Texas
Administrative Code, Title 1, Part 5, 117.1, 117.3, and 117.7
(former 116.21, 116.23, and 116.27) relating to definitions,
designation of agency recycling coordinators, and guidelines
and procedures for collecting and recycling of paper through
the single-stream recycling initiative; the proposed rules includerevisions to the former language to reflect the agency's name
change, to delete definitions no longer in use in this subchap-
ter and language that provides no additional guidance to the
governing statutes, and to correct typographical errors. The
Commission also proposes Texas Administrative Code, Title
1, Part 5, 117.2, 117.4, 117.5 and 117.6 (former 116.22,
116.24, 116.25 and 116.26) relating to Program goals, Program
performance measures, paper recycling training, and dele-
gation of responsibility; these proposed rules do not include
any revisions to the former language. Through this notice, the
Commission intentionally does not propose readoption of Texas
Administrative Code, Title 1, Part 5, former 116.20, which
identifies the statutory authority establishing the Program and
directing Program sale proceeds, and former 116.28 relating
to interagency agreements for paper recycling services as both
rules are unnecessary and provide the public with no addi-
tional guidance or direction than that reflected in the governing
statutes.
Fiscal Note.
Terry Keel, Executive Director, has determined that for each year
of the first five-year period the proposed rules are in effect there
will be no fiscal implications for state or local government as a
result of enforcing or administering the proposed rules.
Public Benefit/Cost Note.
Mr. Keel has also determined that for each year of the first
five-year period the proposed rules are in effect the public ben-
efit will be further clarification through the creation of this new
chapter pertaining solely to the Program and by updating the ref-
erences to the Commission, correcting typographical errors, and
ensuring consistency and compliance with governing statutes.
Mr. Keel has further determined that there will be no effect on in-
dividuals or large, small, and micro-businesses as a result of the
proposed rules. Consequently, an Economic Impact Statement
and Regulatory Flexibility Analysis, pursuant to Texas Govern-
ment Code 2006.002 (Vernon 2008), are not required.
In addition, Mr. Keel has determined that for each year of the first
five-year period the proposed rules are in effect there should be
no effect on a local economy; therefore, no local employment im-
pact statement is required under Administrative Procedure Act,
Texas Government Code 2001.022 (Vernon 2008).
Request for Comments.
Interested persons may submit written comments on the pro-
posed rules to General Counsel, Legal Services Division,
Texas Facilities Commission, P.O. Box 13047, Austin, TX
78711-3047. Comments may also be sent via email to rulescom-
ments@tfc.state.tx.us. For comments submitted electronically,
please include "Chapter 117 Mandatory Paper Recycling Pro-
gram Rules" in the subject line. Comments must be received
no later than thirty (30) days from the date of publication of the
proposed rules in the Texas Register Comments should be
organized in a manner consistent with the organization of the
proposed rules. Questions concerning the proposed new rules
may be directed to Ms. Susan Maldonado, Assistant General
Counsel, at (512) 463-3960.
Statutory Authority.
These rules are proposed pursuant to the rulemaking author-
ity contained in Texas Government Code 2175.061(b) and
2175.902 (Vernon 2008).35 TexReg 730 February 5, 2010
Texas Register
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Texas. Secretary of State. Texas Register, Volume 35, Number 6, Pages 711-960, February 5, 2010, periodical, February 5, 2010; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101170/m1/18/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.