Texas Register, Volume 24, Number 17, Pages 3153-3263, April 23, 1999 Page: 3,205
3153-3263 p. ; 28 cm.View a full description of this periodical.
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The amendment is adopted under the following sections of
Texas Water Code: 5.103, which establishes the commission's
general authority to adopt rules; and 5.105, which establishes
the commission's authority to set policy by rule. Texas Govern-
ment Code, 2001.004, which requires state agencies to adopt
rules of practice, also applies to this rulemaking. Finally, Texas
Government Code, Chapter 2110, prescribes requirements gov-
erning advisory committees and also applies.
This agency hereby certifies that the adoption has been re-
viewed 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 April 9, 1999.
TRD-9902118
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Effective date: April 29, 1999
Proposal publication date: January 1, 1999
For further information, please call: (512) 239-1966
Chapter 10. Commission Meetings
30 TAC 10.4
The Texas Natural Resource Conservation Commission (com-
mission) adopts an amendment to 10.4, concerning Continu-
ance of Matter Set for a Commission Meeting, without changes
to the proposed text as published in the January 1, 1999, issue
of the Texas Register (24 TexReg 53). The text of the rule will
not be republished. The amendment is recommended as a re-
sult of the commission's review of Chapter 10, as required by
the General Appropriations Act, Article IX, 167. The adopted
notice of review for this chapter is concurrently published in the
Rules Review section of this edition of the Texas Register.
EXPLANATION OF ADOPTED RULE
The amendment to 10.4 authorizes the commission's general
counsel to remand a matter from a commission public meeting
to the executive director at the request of the executive director
or the public interest counsel. This modification would set
out in rule certain provisions of a commission resolution from
November 25, 1997, which authorized a remand of an item
scheduled for a commission public meeting. The resolution
is not well known or easily available to the public. Therefore,
the commission determined the need to put this provision in its
rules. A conforming change is also made to the section's title.
FINAL REGULATORY IMPACT ANALYSIS
The commission has reviewed the adopted rulemaking in
light of the regulatory impact analysis requirements of Texas
Government Code, 2001.0225, and has determined that it
is not subject to that statute because it does not meet the
definition of major environmental rule as defined in that statute,
and it does not meet any of the four applicability requirements
listed in 2001.0225(a). The rule is not a major environmental
rule because it concerns commission procedural rules. In
addition, the adoption of such rules is expressly required by
the Administrative Procedure Act, Texas Government Code,
2001.004, which requires state agencies to adopt rules of
practice stating the nature and requirements of all available
formal and informal procedures; and Texas Water Code, 5.103and 5.105, which require the commission to adopt rules to
carry out its powers and to adopt policy by rule, respectively.
TAKINGS IMPACT ASSESSMENT
The commission has prepared a takings impact assessment
of this rule under Texas Government Code, 2007.043. The
following is a summary of that assessment. The specific pur-
pose of this rule is to streamline agency processes. Adoption of
this rule will substantially advance these purposes by providing
specific provisions on these matters. Promulgation and enforce-
ment of this rule will not burden private real property which is
the subject of this rule because it concerns the commission's
procedural rules.
COASTAL MANAGEMENT PROGRAM CONSISTENCY RE-
VIEW
The commission has reviewed the rulemaking and found that
the rule is neither identified in Coastal Coordination Act Imple-
mentation Rules, 31 TAC 505.11, relating to Actions and Rules
Subject to the Coastal Management Program, nor will it affect
any action or authorization identified in Coastal Coordination Act
Implementation Rules, 31 TAC 505.11. This action concerns
only the procedural rules of the commission and the conduct of
certain actions. Therefore, the rule is not subject to the Coastal
Management Program.
HEARING AND COMMENTERS
A public hearing on this proposal was held in Austin on February
1, 1999, and the public comment period closed on February 1,
1999.
ANALYSIS OF TESTIMONY
No written or oral testimony was received on the proposed
amendment.
STATUTORY AUTHORITY
The amendment is adopted under the following sections of
Texas Water Code: 5.103, which establishes the commission's
general authority to adopt rules; and 5.105, which establishes
the commission's authority to set policy by rule. Texas Govern-
ment Code, 2001.004, which requires state agencies to adopt
rules of practice, also applies to this rulemaking.
This agency hereby certifies that the adoption has been re-
viewed 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 April 9, 1999.
TRD-9902119
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Effective date: April 29, 1999
Proposal publication date: January 1, 1999
For further information, please call: (512) 239-1966
Chapter 305. Consolidated Permits
Subchapter C. Application for Permit
30 TAC 305.46
The Texas Natural Resource Conservation Commission (com-
mission) adopts the repeal of 305.46, concerning DesignationADOPTED RULES April 23, 1999 24 TexReg 3205
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Texas. Secretary of State. Texas Register, Volume 24, Number 17, Pages 3153-3263, April 23, 1999, periodical, April 23, 1999; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113888/m1/54/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.