Texas Register, Volume 36, Number 46, Pages 7727-7938, November 18, 2011 Page: 7,749
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a local economy; therefore, the Commission has not prepared a
local employment impact statement pursuant to Texas Govern-
ment Code, 2002.022.
Comments on the proposal may be submitted to Rules Coor-
dinator, Office of General Counsel, Railroad Commission of
Texas, P.O. Box 12967, Austin, Texas 78711-2967; online at
www.rrc.state.tx.us/rules/commentform.php; or by electronic
mail to email@example.com. Comments should
refer to SMRD Docket No. 1-11. The Commission will accept
comments until 12:00 p.m. (noon) on Monday, December 5,
2011, which is 17 days after publication in the Texas Register.
The Commission has determined this is a reasonable opportu-
nity for interested persons to submit data, views, or arguments,
as required by Texas Government Code, 2001.029, for two
reasons. First, the proposal and an online comment form will
be available on the Commission's website no later than the
day after the open meeting at which the Commission approves
publication of the proposal, giving interested persons additional
time to review and analyze the proposal and to draft and submit
comments. Second, based on a formula and schedule agreed
to by the coal mining industry and the Commission in 2005,
every two years since 2005, the Commission has adjusted
the surface mining fees based on that predetermined formula.
This adjustment phases in fee increases based on bonded
acreage for each permit as of December 31 of each year. At the
same time, the portion of the fee derived from mined acreage
correspondingly decreases and a revised annual permit fee
is set based on this formula. These adjustments in fees are
designed to take place over a ten-year period; this would be
the fourth adjustment to the fee schedule. The Commission
encourages all interested persons to submit comments on the
proposal no later than the deadline. The Commission cannot
guarantee that comments submitted after the deadline will be
considered. For further information, call Mr. Caudle at (512)
463-6901. The status of pending Commission rulemakings is
available at www.rrc.state.tx.us/rules/proposed.php.
The Commission proposes the amendments under Texas Natu-
ral Resources Code, 134.013, which authorizes the Commis-
sion to promulgate rules pertaining to surface coal mining opera-
tions and 134.055, which authorizes the Commission to obtain
Statutory authority: Texas Natural Resources Code, 134.013
Cross-reference to statute: Texas Natural Resources Code,
134.013 and 134.055.
Issued in Austin, Texas, on November 8, 2011.
12.108. Permit Fees.
(a) (No change.)
(b) Annual Fees. In addition to application fees required by
this section, each permittee shall pay to the Commission the following
annual fees for calendar years 2011 and 2012 due and payable not later
than March 15th of the year following the year for which these fees are
(1) a fee in the amount of $154 [$-30] for each acre of land
within the permit area on which coal or lignite was actually removed
during the calendar year;
(2) a fee of $10.40 [$5-50] for each acre of land within a
permit area covered by a reclamation bond on December 31st of the
year, as shown on the map required by 12.142(2)(C) of this chapter
(relating to Operation Plan: Maps and Plans); and
(3) a fee of $6,900 [$4250] for each permit in effect on
December 31st of the year.
(c) (No change.)
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 8,
Mary Ross McDonald
Director, Pipeline Safety Division
Railroad Commission of Texas
Earliest possible date of adoption: December 18, 2011
For further information, please call: (512) 475-1295
TITLE 22. EXAMINING BOARDS
PART 11. TEXAS BOARD OF NURSING
CHAPTER 217. LICENSURE, PEER
ASSISTANCE AND PRACTICE
22 TAC 217.19, 217.20
Introduction. The Texas Board of Nursing (Board) proposes
amendments to 217.19 (relating to Incident-Based Nursing
Peer Review and Whistleblower Protections) and 217.20 (re-
lating to Safe Harbor Peer Review for Nurses and Whistleblower
Protections). The amendments are proposed under the author-
ity of the Occupations Code 301.352, 301.401, 301.4011,
301.402, 301.4025, 301.412, 301.413, 303.001, 303.005, and
301.151 and are necessary to implement the requirements of
Senate Bill (SB) 192, enacted by the 82nd Legislature, Regular
Session, effective September 1, 2011.
SB 192 was enacted to improve the quality of patient care in this
state by enhancing protections for nurses who report substan-
dard and dangerous nursing practices to the Board or refuse to
accept assignments that may endanger patients. (See Bill Anal-
ysis, Enrolled Version, 8/4/11). Although patient advocacy pro-
tections currently exist in the Nursing Practice Act (NPA), SB 192
enhances these protections by: (i) extending non-retaliation pro-
tections to individuals who advise nurses about their right to en-
gage in protected patient advocacy activities, (ii) extending nurse
liability immunity to include immunity from criminal prosecution
and liability when making a protected report; and (iii) deterring
retaliation against nurses for engaging in protected patient ad-
The existing patient advocacy protections for nurses are primar-
ily located in Chapter 301, Subchapter I, and Chapter 303 of the
Occupations Code. Under these provisions, nurses, along with
several other types of entities, are required to report to the Board
substandard nursing care, a nurse's suspected impairment or
substance abuse, patient abuse, patient exploitation, and con-
duct that poses a risk of harm to patients. These provisions also
provide nurses who report such conduct protection from civil li-
ability and other discriminatory action. Further, 301.352 of the
Occupations Code provides nurses the right to refuse to engage
in conduct that might violate the minimum standards of nurs-
ing practice, a provision of the NPA, or a Board rule. Section
PROPOSED RULES November 18, 2011
36 TexReg 7749
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Texas. Secretary of State. Texas Register, Volume 36, Number 46, Pages 7727-7938, November 18, 2011, periodical, November 18, 2011; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth201671/m1/22/: accessed July 20, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.