Texas Register, Volume 41, Number 52, Pages 10019-10486, December 23, 2016 Page: 10,056
10019-10486 p. ; 28 cm.View a full description of this periodical.
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Code (11 U.S.C. 525(a)) and United States Supreme Court
case law interpreting that statute.
Denny Kingsley, Director, Surface Mining and Reclamation Di-
vision, has determined that for each year of the first five years
the proposed amendment will be in effect, there will be no fiscal
impact on state or local governments as a result of the proposed
amendment.
Mr. Kingsley has determined that for each year of the first five
years the proposed amendment will be in effect there will be
neither an increase nor decrease in the economic cost to the
mining industry as a result of this amendment. The amendment
merely conforms the Commission's rule with the federal Bank-
ruptcy Code.
Mr. Kingsley has also determined that for each year of the first
five years the amendment will be in effect, the primary public
benefit will be consistency with applicable federal statutes.
In accordance with Texas Government Code, 2006.002, the
Commission has determined that there will be no adverse eco-
nomic effects on small businesses or micro-businesses resulting
from the proposed amendment; therefore, the Commission has
not prepared the economic impact statement or regulatory flexi-
bility analysis required under 2006.002(c).
The Commission has determined that the proposed amendment
will not affect a local economy; therefore, the Commission has
not prepared a local employment impact statement pursuant to
Texas Government Code, 2002.022.
The Commission has determined that the proposed rule does
not meet the statutory definition of a major environmental rule
as set forth in Texas Government Code, 2001.0225; therefore,
a regulatory analysis pursuant to that section is not required.
Comments on the proposal may be submitted to Rules
Coordinator, Office of General Counsel, Railroad Commis-
sion of Texas, P.O. Box 12967, Austin, Texas 78711-2967;
online at www.rrc.texas.gov/legal/rules/comment-form-for-pro-
posed-rulemakings; or by electronic mail to rulescoordina-
tor@rrc.texas.gov. Comments should refer to Docket No.
SMRD 1-16. The Commission will accept comments until 12:00
p.m. (noon) on Monday, January 23, 2017, which is 31 days
after publication in the Texas Register. The Commission has
determined this is a reasonable opportunity for interested per-
sons to submit data, views, or arguments, as required by Texas
Government Code, 2001.029, because 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.
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.
Kingsley at (512) 305-8840. The status of pending Commission
rulemakings is available at www.rrc.texas.gov/legal/rules/pro-
posed-rules.
The Commission proposes the amendment under Texas Natural
Resources Code, 134.013, which authorizes the Commission
to promulgate rules pertaining to surface coal mining operations.
Statutory authority: Texas Natural Resources Code, 134.013.Cross-reference to statute: Texas Natural Resources Code,
134.013.
12.309. Terms and Conditions of the Bond.
(a) - (i) (No change.)
(j) Self-bonding.
(1) (No change.)
(2) Requirements for a business and governmental entities.
The Commission may accept a self bond from an applicant that is a
business or governmental entity if all of the following conditions are
met by the applicant:
(A) (No change.)
(B) the applicant has been in continuous operation for
a period of not less than 5 years immediately preceding the date of
application [and has net been subject to bankuptey proceedings during
that time].
(i) - (ii) (No change.)
(C) - (D) (No change.)
(3) - (7) (No change.)
(k) - (1) (No change.)
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on December 6,
2016.
TRD-201606320
Haley Cochran
Rules Attorney, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: January 22, 2017
For further information, please call: (512) 475-1295
CHAPTER 18. UNDERGROUND PIPELINE
DAMAGE PREVENTION
16 TAC 18.11
The Railroad Commission of Texas (Commission) proposes to
amend 18.11, relating to Reporting Requirements, to correct a
reference to the Commission's website.
Kari French, Director, Oversight and Safety Division, has de-
termined that for each year of the first five years the proposed
amendment will be in effect, there will be no fiscal effect on state
or local government or persons required to comply as a result of
the proposed amendment.
Ms. French has determined that for each year of the first five
years that the amendment will be in effect the primary public ben-
efit would be the correction in the rule of an outdated reference.
The Commission has determined that the proposed amendment
will not have an adverse economic effect on small businesses or
micro-businesses.
The Commission has also determined that the proposed amend-
ment will not affect a local economy. Therefore, the Commission41 TexReg 10056 December 23, 2016 Texas Register
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Texas. Secretary of State. Texas Register, Volume 41, Number 52, Pages 10019-10486, December 23, 2016, periodical, December 23, 2016; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth835937/m1/38/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.