Texas Register, Volume 35, Number 1, Pages 1-140, January 1, 2010 Page: 106
140 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
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.
Filed with the Office of the Secretary of State on December 17,
2009.
TRD-200905909
Brian White
Deputy Public Counsel
Office of Injured Employee Counsel
Effective date: January 6, 2010
Proposal publication date: October 23, 2009
For further information, please call: (512) 804-4182
TITLE 31. NATURAL RESOURCES AND
CONSERVATION
PART 17. TEXAS STATE SOIL AND
WATER CONSERVATION BOARD
CHAPTER 523. AGRICULTURAL AND
SILVICULTURAL WATER QUALITY
MANAGEMENT
31 TAC 523.3
The Texas State Soil and Water Conservation Board (TSSWCB)
adopts an amendment to 523.3(j), concerning water quality
management plans for poultry facilities, without changes to the
proposed text as published in the October 9, 2009, issue of the
Texas Register (34 TexReg 7039) and will not be republished.
The amendment brings agency procedures into compliance
with legislative directives.
The amendment to 523.3(j)(1) deletes reference to a sched-
ule of implementation dates by which poultry facilities must have
obtained a certified water quality management plan, the latest of
which expired January 1, 2008. The amendment adds language
to clarify that all poultry facilities must request a certified water
quality management plan prior to placing poultry at a facility con-
sistent with Texas Water Code 26.302(b) and Senate Bill 1339
of the 77th Texas Legislature.
The amendment to 523.3(j)(2) deletes reference to a table
of scheduled implementation dates that have all expired. The
amendment adds language which is being moved from the
former 523.3(j)(3) regarding the process by which poultry
facilities may obtain a water quality management plan, deletes
reference to 523.3(a) - (d), which are not part of the process
of obtaining a water quality management plan, and adds con-
ditional language referring to an assessment process in a new
523.3(j)(3).
In accordance with Senate Bill 1693 of the 81st Texas Legisla-
ture, the State Board is promulgating rules to assess the siting
and construction of certain new or expanding poultry facilities.
The amendment to add a new 523.3(j)(3) describes the facili-
ties affected.
The amendment to add 523.3(j)(3)(A)(i) - (vi) lists the assess-
ment criteria that will cause certain new or expanding poultry fa-
cilities to obtain an odor control plan.The amendment to add 523.3(j)(3)(B) provides a table that will
be used to assess those poultry facilities that do not meet the
criteria in subparagraph (A).
The amendment to add 523.3(j)(3)(C) causes any expanding
poultry facility that was previously approved under subpara-
graphs (A) or (B) to again submit to this process to gain approval
for the expansion.
The amendment to add 523.3(j)(3)(D) allows a proposed poul-
try facility to avoid the requirements of subparagraphs (A) - (C) if
each neighbor within one half of one mile of the proposed facility
provides a letter of consent.
No comments were received regarding adoption of the amend-
ment.
The amendment is adopted under the Agriculture Code of Texas,
Title 7, Chapter 201, 201.020, which authorizes the TSSWCB
to adopt rules that are necessary for the performance of its func-
tions under the Agriculture Code.
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.
Filed with the Office of the Secretary of State on December 17,
2009.
TRD-200905933
Mel Davis
Special Projects Coordinator
Texas State Soil and Water Conservation Board
Effective date: January 6, 2010
Proposal publication date: October 9, 2009
For further information, please call: (254) 773-2250 x252
CHAPTER 525. AUDIT REQUIREMENTS
FOR SOIL AND WATER CONSERVATION
DISTRICTS
SUBCHAPTER A. AUDITS OF DISTRICTS
31 TAC 525.1, 525.3 - 525.9
The Texas State Soil and Water Conservation Board (TSSWCB)
adopts amendments to 525.1 and 525.3 - 525.9, Audit Re-
quirements for Soil and Water Conservation Districts, concerning
the requirements and guidelines for soil and water conservation
districts to implement an audit. The amendments are adopted
without changes to the proposed text as published in the Octo-
ber 9, 2009, issue of the Texas Register (34 TexReg 7040) and
will not be republished.
Section 525.1, Policy Statement, as amended inserts the word
"Texas" in front of our agency name to better formalize our name.
Section 525.3, Duty to Audit and 525.4, Form of the Audit, as
amended deletes the word "the" and replaces it with the word
"an" for purposes of grammar.
Section 525.5, Audit Exemptions, as amended changes annual
financial "report" to annual financial "statement" for those dis-
tricts that do not meet the criteria for having an audit required; the
audit requirement trigger as amended was raised from $25,000
in any year of the biennial period to $50,000; the connector word35 TexReg 106 January 1, 2010 Texas Register
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 35, Number 1, Pages 1-140, January 1, 2010, periodical, January 1, 2010; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101165/m1/103/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.