REVIEW OF AGENCY RULES

Adopted Rule Reviews

Texas Animal Health Commission

Title 4, Part 2

The Texas Animal Health Commission (commission) adopts the review of Texas Administrative Code, Title 4, Part 2, Chapter 31, concerning Anthrax, in accordance with Texas Government Code, §2001.039. The rules reviewed are §§31.1 - 31.3. The commission published a request for comments for the chapter in the September 8, 2017, issue of the Texas Register (42 TexReg 4661). The commission received no comments on the rule review for this chapter but makes the assessment that for disease control purposes the reasons for initially adopting these rules continues to exist. The commission therefore readopts Chapter 31.

TRD-201801848

Larissa Schmidt

Director of Administration

Texas Animal Health Commission

Filed: April 24, 2018


The Texas Animal Health Commission (commission) adopts the review of Texas Administrative Code, Title 4, Part 2, Chapter 34, concerning Veterinary Biologics, in accordance with Texas Government Code, §2001.039. The rules to be reviewed are §34.1 and §34.2. The commission published a request for comments for the chapter in the September 8, 2017, issue of the Texas Register (42 TexReg 4661). The commission received no comments on the rule review for this chapter but makes the assessment that for disease control purposes the reasons for initially adopting these rules continues to exist. The commission therefore readopts Chapter 34.

TRD-201801849

Larissa Schmidt

Director of Administration

Texas Animal Health Commission

Filed: April 24, 2018


The Texas Animal Health Commission (commission) adopts the review of Texas Administrative Code, Title 4, Part 2, Chapter 35, Subchapters A, B, C, and D, concerning Brucellosis, in accordance with Texas Government Code, §2001.039. The rules to be reviewed are §§35.1 - 35.7, 35.41 - 35.48, 35.60 - 35.62, and 35.80 - 35.82. The commission published a request for comments for the chapter in the September 8, 2017, issue of the Texas Register (42 TexReg 4661). The commission received no comments on the rule review for this chapter but makes the assessment that for disease control purposes the reasons for initially adopting these rules continues to exist. The commission therefore readopts Chapter 35.

TRD-201801851

Larissa Schmidt

Director of Administration

Texas Animal Health Commission

Filed: April 24, 2018


The Texas Animal Health Commission (commission) adopts the review of Texas Administrative Code, Title 4, Part 2, Chapter 37, concerning Screwworms, in accordance with Texas Government Code, §2001.039. The rules to be reviewed are §37.1 and §37.2. The commission published a request for comments for the chapter in the September 8, 2017, issue of the Texas Register (42 TexReg 4662). The commission received no comments on the rule review for this chapter but makes the assessment that for disease control purposes the reasons for initially adopting these rules continues to exist. The commission therefore readopts Chapter 37.

TRD-201801852

Larissa Schmidt

Director of Administration

Texas Animal Health Commission

Filed: April 24, 2018


The Texas Animal Health Commission (commission) adopts the review of Texas Administrative Code, Title 4, Part 2, Chapter 39, concerning Scabies, in accordance with Texas Government Code, §2001.039. The rules to be reviewed are §§39.1 - 39.7. The commission published a request for comments for the chapter in the September 8, 2017, issue of the Texas Register (42 TexReg 4662). The commission received no comments on the rule review for this chapter but makes the assessment that for disease control purposes the reasons for initially adopting these rules continues to exist. The commission therefore readopts Chapter 39.

TRD-201801853

Larissa Schmidt

Director of Administration

Texas Animal Health Commission

Filed: April 24, 2018


The Texas Animal Health Commission (commission) adopts the review of Texas Administrative Code, Title 4, Part 2, Chapter 49, concerning Equine, in accordance with Texas Government Code, §2001.039. The rules to be reviewed are §§49.1 - 49.6. The commission published a request for comments for the chapter in the September 8, 2017, issue of the Texas Register (42, TexReg 4662). The commission received no comments on the rule review for this chapter but makes the assessment that for disease control purposes the reasons for initially adopting these rules continues to exist. The commission therefore readopts Chapter 49.

TRD-201801855

Larissa Schmidt

Director of Administration

Texas Animal Health Commission

Filed: April 24, 2018


The Texas Animal Health Commission (commission) adopts the review of Texas Administrative Code, Title 4, Part 2, Chapter 58, Subchapters A - D, concerning Emergency Response and Management, in accordance with Texas Government Code, §2001.039. The rules to be reviewed are §§58.1 - 58.3, 58.11, 58.12, 58.21, 58.22, 58.31, and 58.32. The commission published a request for comments for the chapter in the September 8, 2017, issue of the Texas Register (42 TexReg 4662). The commission received no comments on the rule review for this chapter but makes the assessment that for disease control purposes the reasons for initially adopting these rules continues to exist. The commission therefore readopts Chapter 58.

TRD-201801856

Larissa Schmidt

Director of Administration

Texas Animal Health Commission

Filed: April 24, 2018


Texas Groundwater Protection Committee

Title 31, Part 18

Chapter 601- Groundwater Contamination Report

The Texas Groundwater Protection Committee (TGPC or committee) adopts the rules review and readopts Chapter 601, Groundwater Contamination Report, without changes, in accordance with Texas Government Code, §2001.039, which requires state agencies to review and consider for readoption each of their rules every four years. The review must include an assessment of whether the reasons for the rules continue to exist. Any updates, consistency issues, or other changes, if needed, will be addressed in a separate rulemaking action. The notice of intention to review was published in the January 26, 2018, issue of the Texas Register (39 TexReg 3735).

CHAPTER SUMMARY

The TGPC was created by the 71st Texas Legislature in 1989 to bridge gaps between existing state groundwater programs and to optimize water quality protection by improving coordination among agencies involved in groundwater activities. The committee's rules in Chapter 601 define the conditions that constitute groundwater contamination for purposes of inclusion of cases in the public files for each state agency having responsibilities related to the protection of groundwater. These rules also describe the contents of the committee's Joint Groundwater Monitoring and Contamination Report ("Joint Report") required under Texas Water Code (TWC), §26.406, which must be published no later than April 1st of each year and document the activities and findings of the committee made during the previous calendar year. The Joint Report must describe the current status of groundwater monitoring activities conducted by or required by each agency at regulated facilities or associated with regulated activities; contain a description of each case of groundwater contamination documented during the previous calendar year; describe each case of contamination for which enforcement action was incomplete at the time of issuance of the preceding Joint Report; and indicate the status of enforcement actions for each case of contamination listed in the Joint Report. The rules also specify the form and content of notices of groundwater contamination that must be mailed to each owner of a private drinking water well that may be affected by documented cases of groundwater contamination and to each applicable groundwater conservation district as directed by TWC, §26.408.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The committee conducted a review and determined that the reasons for the rules in Chapter 601 continue to exist. Chapter 601 is necessary because TWC, §26.406 specifically provides that the committee must adopt rules defining the conditions that constitute groundwater contamination for purposes of inclusion of cases in the public files and the Joint Report required by TWC, §26.406, while TWC, §26.408 specifically directs the committee to designate the form and content of the notice of groundwater contamination mailed to owners of private drinking water wells and to groundwater conservation districts. To meet these statutory requirements, the rules provide the definitions and applicability for maintaining public files on groundwater contamination cases and contents of the annual Joint Report required by TWC, §26.406(d) and the form and content of the mailed notice required by TWC, §26.408(c).

PUBLIC COMMENT

The public comment period closed on February 26, 2018. No comments were received.

TRD-201801791

Robert Martinez

Director, Environmental Law Division

Texas Groundwater Protection Committee

Filed: April 23, 2018


Texas Board of Pardons and Paroles

Title 37, Part 5

The Texas Board of Pardons and Paroles files this notice of readoption of 37 TAC, Part 5, Chapter 143, concerning Executive Clemency. The Board amended rules §§143.1-143.14, 143.21-143.24, 143.31-143.35, 143.41-143.43, 143.51-143.58, 143.71-143.74, 143.81-143.82 to add capitalization to the titles throughout the rules. Rule §143.2 was amended to add language directly related to the Code of Criminal Procedures related to DNA testing and evidence. Rules §143.3 and §143.4 adds statutory reference language. The amendments to rule §143.42 adds "execution number" to subsection (1) of the rule. Rule §143.57 includes language from Board Rules §143.42 for consistency. The readoption of Chapter 143 is filed in accordance with the Board of Pardons and Paroles' Notice of Intent to Review published in the February 9, 2018, issue of the Texas Register (43 TexReg 724). No public comments were received.

The assessment of Chapter 143 indicates that the original justifications for these rules continue to exist, and the Board is readopting the rules in accordance with Texas Government Code, 2001.039. This concludes the review of 37 TAC Chapter 143.

TRD-201801709

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Filed: April 19, 2018