Texas Register, Volume 35, Number 48, Pages 10363-10560, November 26, 2010 Page: 10,421
10363-10560 p. ; 28 cm.View a full description of this periodical.
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cumstances as listed in subsection (b), including any addendums pro-
vided by the health benefit plan issuer.
(e) The commissioner may grant a waiver under this subchap-
ter considering the facts demonstrated by the applicant weighed against
the purposes of Chapter 1661, including the objective to provide better
information to physicians and enrollees regarding what is covered by
insurance policies and what portion of the cost is to be borne by the
patient, as well as streamlining and simplifying complex and adminis-
trative processes of the health insurance systems, thus providing cost
savings throughout the health care system.
(f) This subchapter becomes effective 40 days after the date on
which the adoption is published in the Texas Register.
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 November 15,
2010.
TRD-201006514
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Earliest possible date of adoption: December 26, 2010
For further information, please call: (512) 463-6327
TITLE 31. NATURAL RESOURCES AND
CONSERVATION
PART 1. GENERAL LAND OFFICE
CHAPTER 13. LAND RESOURCES
The General Land Office (GLO) proposes an amendment to
Chapter 13 (relating to Land Resources), Subchapter A (relating
to Rules, Practice, and Procedure for Land Leases and Trades),
13.1 (relating to Leases). The GLO also proposes new 13.21
(relating to State-Owned Riverbeds and Beds of Navigable
Streams) under Subchapter B (relating to Rights-of-Way Over
Public Lands) of Chapter 13.
BACKGROUND AND ANALYSIS OF PROPOSED AMEND-
MENT AND RULE
13.1 Leases
The amendment to 13.1 is proposed in order to correctly iden-
tify and reference 13.18 of the TAC, which sets forth the fees
and terms for surface leases of public lands, and to correct a ty-
pographical error which misstates the name of the General Land
Office.
13.21 State-Owned Riverbeds and Beds of Navigable Streams
This new section is proposed in order to create agency guide-
lines for issuing easements or leases for commercial and non-
commercial improvements constructed on, across, through or
under non-tidally influenced state-owned riverbeds and beds of
navigable streams in the public domain, in accordance with the
statutory scheme set forth in Chapter 51, Subchapter G of the
Texas Natural Resources Code. These guidelines also seek to
provide the public with more certainty and clarity related to this
process and to establish consistency with current agency prac-
tices and procedures.As proposed, 13.21 provides that certain private, non-com-
mercial improvements and structures constructed prior to
September 1, 1993 upon state-owned riverbeds or beds of
navigable streams (such as dams, low water crossings, docks,
piers, groins, bulkheads, guy and tie-down cables, boat houses,
or similar structures) will be considered properly permitted
without further action or payment of fee by the owner. However,
any modification of such a structure made after that date and
which results in expanding its footprint upon state land will auto-
matically void the permit granted by this section and require the
owner to obtain an easement, lease, permit or other authoriza-
tion from the GLO in accordance with statutory requirements.
Failure to do so may subject the structure to the provisions of
Texas Natural Resources Code 51.302 and 51.3021, related
to penalties for and the removal of unauthorized structures on
state lands.
As proposed, 13.21 also refers to 13.17 (relating to Fees for
Right-of-Way Easements) and 13.18 (relating to Fees for Sur-
face Leases for Certain Facilities) for determining the appropri-
ate fees for instruments issued under this section.
As proposed, 13.21 also states that nothing contained therein
shall be construed so as to limit the authority of the Commis-
sioner of the GLO as contained in Texas Natural Resources
Code Chapter 33 (relating to the Management of Coastal Public
Land) or Chapter 51 (relating to Land, Timber and Surface
Resources).
FISCAL AND EMPLOYMENT IMPACTS
Mr. Rene Truan, Deputy Commissioner for the GLO's Profes-
sional Services Program Area, has determined that, for each
year of the first five years the amended and new sections as
proposed are in effect, there will be no significant additional cost
to state government as a result of enforcing or administering the
amended or added sections.
Mr. Truan has determined that for each year of the first five years
the amended and new sections as proposed are in effect there
will be no fiscal implications for local governments as a result of
enforcing or administering the amended and new sections be-
cause the changes do not apply to permits issued to public enti-
ties.
Mr. Truan has determined that for each year of the first five
years the proposed amended and new rules are in effect, there
will be no direct adverse economic effect on small businesses
for compliance. The rules primarily provide guidance to agency
staff in administering the statutory provisions which govern the
issuance of easements and leases upon non-tidally influenced
state-owned riverbeds and beds of navigable streams; they do
not expand the commissioner's authority in this area nor do they
create additional burdens for businesses or other affected enti-
ties.
Mr. Truan has determined that the proposed rulemaking will
have no adverse local employment impact that requires an im-
pact statement pursuant to Texas Government Code 2001.022.
PUBLIC BENEFIT
Mr. Truan has determined that the public will benefit from the
proposed amendments and new rule, which provide the public
with more certainty and clarity in the process of issuing leases
and easements upon state-owned lands. Moreover, owners
of certain types of private, non-commercial improvements and
structures built prior to September 1, 1993 upon state-owned
riverbeds or beds of navigable streams in the public domainNovember 26, 2010 35 TexReg 10421
PROPOSED RULES
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Texas. Secretary of State. Texas Register, Volume 35, Number 48, Pages 10363-10560, November 26, 2010, periodical, November 26, 2010; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth139254/m1/58/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.