Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005 Page: 7,051
This periodical is part of the collection entitled: Texas Register and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
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The adopted amendment of 16.2(f) deletes the second and third
sentences in this rule because the corresponding language in
the Council's rule at 31 TAC 505.30(d) has been previously
deleted from that rule, effective August 27, 2000, (25 TexReg
8032).
The adopted amendment of 16.3 incorporates the policies
in Council's rules 31 TAC 501.17, 501.23, 501.24, 501.25,
and 501.26 as policies of the CMP that the GLO and SLB shall
comply with in taking actions listed in 16.1(b) and in adopting
rules relating to those policies that are described in the Council's
policies. The phrase "as appropriate" is added because some of
the actions covered by this section apply only to the GLO. The
amendment clarifies the GLO's and SLB's obligation to comply
with the Council's goals and policies applicable to GLO and SLB
actions when taking any individual action covered by the CMP,
incorporated by reference from 31 TAC 505.11(a)(1), and when
adopting any rules explicitly mentioned in 31 TAC 501.17,
501.23, 501.24, 501.25, and 501.26. The amendment deletes
subsections (b)-(e), which are replaced by reference to the
Council's rules in this section.
The adopted amendment of 16.4, relating to Thresholds for Re-
ferral, changes the term "coastal parks, wildlife management ar-
eas, and preserves" to "coastal preserve" in order to reflect the
current definition in Texas Natural Resources Code 33.203(4).
The actual thresholds for referral to the Council are not amended.
Pursuant to Texas Government Code 2001.0225, a regulatory
analysis is not required for the adopted rulemaking as a "major
environmental rule." The adopted rulemaking will not adversely
affect, in a material way, the economy, a sector of the econ-
omy, productivity, competition, jobs, the environment, or the pub-
lic health and safety of the state or a sector of the state. The
adopted rulemaking does not exceed a standard set by federal
law, does not exceed an express requirement of state law, does
not 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 or federal program, and is not
adopted solely under the general powers of the GLO.
The adopted rulemaking is subject to the CMP pursuant to 31
TAC 505.11(b)(4) because it governs individual agency actions
listed in TNRC 33.2053 and 31 TAC 505.11(a)(1). The
adopted rule amendments must be consistent with applicable
CMP goals and policies. The applicable CMP goals and policies
related to the GLO's rules at 31 TAC 16.1-16.4 include: 31
TAC 501.12, relating to Goals; 31 TAC 501.17, relating to
Policies for Construction, Operation, and Maintenance of Oil
and Gas Exploration and Production Facilities; 501.23, relating
to Policies for Development in Critical Areas; 501.24, relating
to Policies for Construction of Waterfront Facilities and Other
Structures on Submerged Lands; 501.25, relating to Policies for
Dredging and Dredged Material Disposal and Placement; and
501.26, relating to Policies for Construction in the Beach/Dune
System. The adopted amendments are consistent with the
applicable goals and policies of the CMP because they are
either changes required to reflect amendments to the Act and
to the relevant Council's rules or they are administrative and
editorial changes that do not change the substantive meaning
or effect of the existing rules in Chapter 16, which have been
deemed consistent with the goals and policies of the CMP.
The GLO has evaluated the adopted rulemaking in accordance
with Texas Government Code, 2007.043(b), and 2.18 of the
Attorney General's Private Real Property Rights PreservationAct Guidelines and determined that a detailed takings impact as-
sessment is not required. The adopted rulemaking does not af-
fect private real property in a manner that requires real property
owners to be compensated as provided by the Fifth and Four-
teenth Amendments to the United States Constitution or Article
I, Sections 17 and 19, of the Texas Constitution. Furthermore,
the adopted rulemaking would not affect any private real prop-
erty in a manner that restricts or limits the owner's right to the
property that would otherwise exist in the absence of the rule
amendments. The adopted rulemaking will not result in a taking
of private property and there are no adverse impacts on private
real property interests.
No comments were received regarding any of the proposed
amendments to 16.1 - 16.4.
The amendments are adopted under authority granted in Texas
Natural Resources Code 31.051, which provides the Commis-
sioner of the GLO the authority to make and enforce suitable
rules consistent with the law; and 33.064, which provides the
School Land Board the authority to adopt procedural and sub-
stantive rules which it considers necessary to administer, imple-
ment, and enforce Texas Natural Resources Code Chapter 33.
The adopted amendments are necessary to implement Texas
Natural Resources Code, Chapter 33, Subchapter F.
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 October 12,
2005.
TRD-200504609
Trace Finley
Policy Director
General Land Office
Effective date: November 1, 2005
Proposal publication date: September 9, 2005
For further information, please call: (512) 475-1859
TITLE 40. SOCIAL SERVICES AND ASSIS-
TANCE
PART 2. DEPARTMENT OF ASSISTIVE
AND REHABILITATIVE SERVICES
CHAPTER 109. DEAF AND HARD OF
HEARING SERVICES
The Texas Health and Human Services Commission adopts
amendments to Title 40, Part 2, Chapter 109, 109.1, 109.5,
109.7, 109.33, 109.37, 109.41, 109.43, 109.201, 109.205,
109.209, 109.211, 109.213, 109.217, 109.221, 109.223,
109.229, 109.231, 109.233, 109.301, 109.317, 109.323,
109.327, 109.329, 109.339, 109.341, 109.343, 109.347,
109.349, 109.357, 109.359, 109.363, 109.369, 109.371,
109.373, 109.375, 109.501, 109.505, 109.701, 109.705,
109.707, 109.711, 109.771, 109.773, 109.777, 109.801,
109.803, 109.805, 109.903, 109.905, 109.909, 109.911,
109.913, 109.915, 109.917, 109.919, 109.921, 109.923,
109.925, 109.927, 109.929 and 109.931, of the rules of the
Department of Assistive and Rehabilitative Services, concerningADOPTED RULES October 28, 2005 30 TexReg 7051
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Texas. Secretary of State. Texas Register, Volume 30, Number 43, Pages 6973-7094, October 28, 2005, periodical, October 28, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97316/m1/77/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.