Texas Register, Volume 33, Number 9, Pages 1657-1906, February 29, 2008 Page: 1,740
1657-1906 p. ; 28 cm.View a full description of this periodical.
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The purpose of the proposed rule is to implement HB 1254, 80th
Legislature, Regular Session. The bill authorizes the commis-
sion to adjust fees as necessary to encourage electronic report-
ing and use of the commission's electronic document receiving
system, and the proposed rule would add new 19.21, Fees, to
Chapter 19 to do so. The proposed new section does not change
specific fees at this time, but it will allow other sections of the TAC
to be opened in the future to amend fees for those that utilize the
agency's electronic document receiving system. When the com-
mission considers specific fee changes, pertinent sections of the
TAC may be opened under separate rulemakings. When future
rules are proposed, the commission will conduct a fiscal analysis
of proposed fee changes.
PUBLIC BENEFITS AND COSTS
Ms. Chamness also determined that for each year of the first
five years the proposed new rule is in effect, the public benefit
anticipated from the changes seen in the proposed rule will be
in compliance with state law.
The proposed rule would add new section 19.21, Fees, to
Chapter 19 to adjust fees as necessary to encourage electronic
reporting and use of the commission's electronic document
receiving system. The proposed new section does not change
specific fees at this time and will not have a fiscal impact on
businesses or individuals.
SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT
No adverse fiscal implications are anticipated for small or mi-
cro-businesses. The proposed rule states that the commission
may adjust fees as necessary to encourage electronic reporting
and use of the commission's electronic document receiving sys-
tem. The proposed new section does not change specific fees at
this time and will not have a fiscal impact on small or micro-busi-
nesses.
SMALL BUSINESS REGULATORY FLEXIBILITY ANALYSIS
The commission has reviewed this proposed rulemaking and de-
termined that a small business regulatory flexibility analysis is not
required because the proposed rule does not adversely affect a
small or micro-business in a material way for the first five years
that the proposed rule is in effect.
LOCAL EMPLOYMENT IMPACT STATEMENT
The commission has reviewed this proposed rulemaking and de-
termined that a local employment impact statement is not re-
quired because the proposed rule does not adversely affect a
local economy in a material way for the first five years that the
proposed rule is in effect.
DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION
The commission reviewed the proposed rulemaking in light of the
regulatory analysis requirements of Texas Government Code,
2001.0225, and determined that the proposed rulemaking is not
subject to 2001.0225 because it does not meet the definition of
a "major environmental rule" as defined in the Texas Govern-
ment Code. A "major environmental rule" is a rule the specific
intent of which is to protect the environment or reduce risks to
human health from environmental exposure and that may ad-
versely affect in a material way the economy, productivity, com-
petition, jobs, the environment, or the public health and safety of
the state or a sector of the state.
The specific intent of this proposed rulemaking action is to imple-
ment HB 1254 of the 80th Legislature, 2007. The bill, which be-came effective September 1, 2007, authorizes the commission
to adjust fees as necessary to encourage electronic reporting
and the use of the commission's electronic document receiving
system. The proposed rulemaking is procedural in nature and
does not address environmental risks or exposures. Therefore,
the proposed rulemaking does not constitute a major environ-
mental rule, and is not subject to a formal regulatory analysis.
Additionally, the rulemaking does not meet any of the four ap-
plicability criteria for requiring a regulatory impact analysis for a
major environmental rule, which are listed in Texas Government
Code, 2001.0225(a). Texas Government Code, 2001.0225
applies only to a major environmental rule, the result of which
is to: 1) exceed a standard set by federal law, unless the rule
is specifically required by state law; 2) exceed an express re-
quirement of state law, unless the rule is specifically required by
federal law; 3) exceed a requirement of a delegation agreement
or contract between the state and an agency or representative
of the federal government to implement a state and federal pro-
gram; or 4) adopt a rule solely under the general powers of the
agency instead of under a specific state law.
This rulemaking does not meet any of the four applicability re-
quirements in Texas Government Code, 2001.0225(a). Since
there is no federal law establishing a standard for the commis-
sion's adjustment of fees to encourage electronic reporting, this
rulemaking does not exceed a standard set by federal law. HB
1254 grants the commission authority to adjust fees as neces-
sary to encourage electronic reporting and use of the commis-
sion's document receiving system, but states nothing further to
establish a particular standard as to the manner in which the
commission may do so. Since this rulemaking proposes to im-
plement the bill consistent with the legislation, it does not exceed
the requirements of state law. This rulemaking does not exceed
a requirement of a delegation agreement or contract between
the state and an agency or representative of the federal govern-
ment to assess fees, but is instead proposed to be consistent
with state statute. This rulemaking is not proposed solely un-
der the general powers of the agency because it is proposed to
implement Texas Water Code, 5.128(a), which authorizes the
commission to adjust fees. The commission invites public com-
ment regarding this draft regulatory impact analysis determina-
tion.
TAKINGS IMPACT ASSESSMENT
The commission completed a takings impact analysis for the
proposed rulemaking action under Texas Government Code,
2007.043. The specific purpose of this proposed rulemaking
is to implement HB 1254, which authorizes the commission to
adjust fees to encourage electronic reporting and the use of
the commission's electronic document receiving system. The
proposed rule would substantially advance these purposes by
giving notice to those who use the commission's electronic
document receiving system that fees may be adjusted.
Promulgation and enforcement of the proposed rule would con-
stitute neither a constitutional nor a statutory taking of private real
property. There are no burdens imposed on private real property
under this rule because the proposed rule neither relates to, nor
has any impact on the use or enjoyment of private real property.
Also, the rule does not result in a reduction in property value. The
rule is only procedural in nature. Therefore, the proposed rule
would not constitute a taking under Texas Government Code,
Chapter 2007.33 TexReg 1740 February 29, 2008
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Texas. Secretary of State. Texas Register, Volume 33, Number 9, Pages 1657-1906, February 29, 2008, periodical, February 29, 2008; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90783/m1/81/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.