TITLE 16. ECONOMIC REGULATION

PART 1. RAILROAD COMMISSION OF TEXAS

CHAPTER 7. GAS SERVICES

The Railroad Commission of Texas (Commission) adopts amendments to §7.455, relating to Curtailment Standards with changes and the repeal of §7.305, relating to Curtailment Program, without changes to the proposed text as published in the November 26, 2021, issue of the Texas Register (46 TexReg 7940). The Commission adopts the amendments to §7.455 and the repeal of §7.305 to update the current curtailment priorities and programs contained in Oil and Gas Docket, Gas Utilities Division No. 20-62,505, Docket 489, commonly known as Order 489. Amended §7.455 will be republished. Repealed §7.305 will not be republished.

The Commission received comments on the proposed amendments from seven associations and nine companies or organizations. The comments are summarized below.

Order 489, which is superseded by the amendments to §7.455, allowed gas utilities to file with the Commission a specific curtailment program, unique to its operations, for approval. In the absence of a filed and approved specific curtailment program pursuant to Rule 1, a gas utility was required to follow the Rule 2 priorities in Order 489 during a curtailment event. Rule 2 of Order 489 prioritized the sale and/or delivery of natural gas to a list of specific end-users and industries in the event a gas utility experiences a curtailment event, with deliveries for residences, hospitals, schools, churches and other human needs customers as the top priority. The priority list in Order 489 and, if applicable, an approved curtailment program, necessarily only took effect when a gas utility must curtail some or all of its transportation and/or sale of natural gas. In times of normal operations, a gas utility may transport and/or sell natural gas pursuant to applicable Commission rules, state law, and its private contractual agreements.

Since Order 489 was issued by the Commission in January 1973, there have been significant changes in both the natural gas and electric industries. The Commission recognizes the need to update the curtailment priorities in response to those changes. Importantly, in February 2021, the Commission issued an emergency order in recognition of the energy emergency due to Winter Storm Uri. The emergency order temporarily modified the natural gas utility curtailment priorities in Order 489 to ensure the protection of natural gas human needs customers and electric generation customers.

During Winter Storm Uri and since, the Commission received feedback from stakeholders impacted by the emergency order. The majority of stakeholder feedback indicated the emergency order had significant value during the storm and expressed support for the priorities in the emergency order; namely, the elevation of natural gas deliveries for electric generation to a higher priority.

Therefore, the amendments to §7.455 are intended to fully replace and supersede Order 489 and will govern the transportation and/or sale of natural gas by gas utilities during a curtailment event. The amendments reflect the same top two priorities as the emergency order with a few changes based on stakeholder feedback received after Winter Storm Uri and during the comment period.

§7.455(a) - Definitions

New subsection (a) includes definitions for "Commission," "Curtailment event," "Electric generation facilities," "Gas utility," and "Human needs customers." In consideration of comments received, the Commission adopts subsection (a) with new definitions of "balancing authority," "firm or firm deliveries," and "interruptible or interruptible deliveries." The Commission also adopts subsection (a) with changes to proposed definitions of "curtailment event," "electric generation facilities," and "human needs customers."

Comments from Atmos Pipeline Texas (APT), ONEOK WesTex Transmission LLC (ONEOK), Texas LDCs (Atmos Energy Corporation's Mid-Tex and West Texas Divisions; CenterPoint Energy Resources, and Texas Gas Service Company), the Texas Pipeline Association (TPA), the Texas Independent Producers and Royalty Owners Association (TIPRO), and the Texas Oil and Gas Association (TXOGA) requested clarification regarding what constitutes a curtailment event. Specifically, these comments asked the Commission to clarify that interruptions in service to interruptible customers do not constitute a curtailment event. The Commission agrees. This interpretation is consistent with how the Commission has historically interpreted its curtailment order, Order 489. Gas utilities interrupt deliveries to interruptible customers pursuant to contracts or tariffs. These interruptions must occur before any firm customers are curtailed and, therefore, a curtailment event only applies to firm deliveries. The Commission adopts the definition of "curtailment event" with changes to reflect this position. The Commission also adopts a corresponding change in subsection (c), which is discussed further below.

APT and the Texas LDCs requested the definition of "curtailment event" be revised to clarify that a curtailment event can occur whether the gas utility pipeline provides transportation services or bundled sales. The Commission agrees but adopts a change in subsection (b) to address this concern.

Oxy Energy Services, Inc. (Oxy) and TIPRO asked that a curtailment event be limited to situations where an identifiable disruptive event significantly reduces the availability of natural gas. Relatedly, the South Texas Electric Cooperative (STEC) and Texas Competitive Power Advocates (TCPA) requested changes to the definition of curtailment event to prevent gas utilities from unilaterally determining whether curtailment is necessary. The Commission disagrees because circumstances that prompt a curtailment event vary and the gas utility is in the best position to determine when its ability to deliver gas to firm customers is inadequate. Additionally, the Commission is concerned that narrowing the definition of a curtailment event could inadvertently make the rule inapplicable during an event in which the rule should apply.

Alternatively, STEC and TCPA requested a requirement for gas utilities to define what constitutes a curtailment event in their tariffs and explain their process for allocating scarce gas supplies. TCPA recommended that gas utilities be required to make their Commission-approved curtailment plan publicly available on their websites. The Commission notes that incorporating Order 489 into §7.455 will ensure greater transparency for how gas supplies are allocated during a curtailment event and utilizing one definition of curtailment for all gas utilities increases regulatory consistency. During a curtailment event, a gas utility must allocate gas according to the priorities in subsection (c) of §7.455. A gas utility may file its own curtailment plan for approval with the Commission. However, the Commission adopts changes in §7.455(d) to incorporate notice and an opportunity for hearing when a curtailment plan is filed.

The Commission also received several comments requesting changes to the definition of "electric generation facilities." APT commented that the definition is too broad. The Texas LDCs and the Texas Public Power Association (TPPA) asked that the definition include only those facilities that are actually capable of delivering electricity to the grid and exclude generation facilities that only produce electricity for a customer's own consumption. The Texas LDCs suggested narrowing the definition to facilities that are required to register with the appropriate balancing authority because those facilities are capable of delivering electricity to the grid. The Commission agrees with these comments and adopts the definition of electric generation facilities with a change such that electric generation facilities are defined as facilities registered with the applicable balancing authority including bulk power system assets, co-generation facilities, distributed generation, and backup power systems.

STEC commented that electric generating facilities should be included in the definition of "electric generation facilities" and that the "or" in the proposed definition should be an "and." The Commission adopts the definition with a change to replace "or" with "and." The Commission interprets the term "bulk power system assets" to include electric generating facilities.

Due to the addition of "balancing authority" in the revised definition of "electric generation facilities," the Commission adopts §7.455 with a new definition of "balancing authority," which is defined as the Electric Reliability Council of Texas or other responsible entity that integrates resource plans ahead of time, maintains electricity demand and resource balance within a balancing authority area, and supports interconnection frequency in real time for a power region in Texas. The definition of "balancing authority" mirrors the definition in the North American Electric Reliability Corporation's reliability standards.

The following commenters asked that the Commission add definitions of "firm" and "interruptible:" the Atmos Cities Steering Committee (ACSC), CoServ Gas, Ltd. (CoServ), the Fortifying & Bolstering Semiconductor Success Coalition (FABSS), STEC, and TCPA. The Commission agrees. It is the Commission's understanding that a customer with firm service will have a contract or tariff that describes the service or delivery obligation as "firm." Therefore, the Commission adopts subsection (a) with a new definition of "firm or firm deliveries." Firm or firm deliveries are natural gas deliveries that are described as firm under a contract or tariff. The Commission also adopts subsection (a) with a new definition of "interruptible or interruptible deliveries." Interruptible or interruptible deliveries are natural gas deliveries that are not described as firm under a contract or tariff. The Commission does not have jurisdiction or authority over natural gas transportation or supply contracts and leaves it to the parties to those contracts to describe with detail the terms of their agreement.

STEC requested that the definition of "firm" clarify that it applies only to firm transportation, not firm supply, as firm supply can be cancelled in the event of a force majeure. It is the Commission's understanding that both firm supply and firm transportation can be cancelled in the event of a force majeure, so the Commission declines to make this change.

Relatedly, ACSC asked that the Commission explain how force majeure clauses in contracts fit into §7.455. The Commission declines to address this concern. Interpreting private contractual agreements is outside the Commission's authority. Whether a force majeure is properly issued under a contract is a question for the district courts of this state.

The Commission received three comments on the proposed definition of "human needs customers." First, the City of Houston requested that the definition be revised to include water and wastewater services. The Commission agrees and has revised the definition as requested.

TPPA asked whether the language "locations where people may congregate in an emergency" in the proposed definition of human needs customers includes city and county shelters. The Commission interprets this language to include city and county shelters and other places where people may congregate in an emergency.

The Texas LDCs asked that the definition of human needs customers include small commercial customers that the LDCs cannot practically curtail without curtailing human needs customers. The comments stated that because residential, commercial, governmental, and industrial customers are all generally served off the same pipelines, there may be circumstances where an LDC is not able to curtail its non-residential customers without curtailing human needs. The Commission agrees and adopts the definition of "human needs customers" with the requested change.

Subsection (b) - Applicability

Subsection (b) explains who is subject to the rule's requirements and when the requirements apply. The Commission recognizes that the new curtailment standards may take time to implement, and therefore, the Commission adopts subsection (b) with a change to the proposed effective date. The new effective date is September 1, 2022. After September 1, 2022, when any gas utility operating in Texas experiences a curtailment event as defined in the rule, the gas utility shall curtail deliveries according to the priorities listed in proposed subsection (c) unless and until the gas utility has an approved curtailment plan pursuant to subsection (d).

Oxy and TPA requested changes to subsection (b). Oxy asked the Commission to clarify that §7.455's requirements only apply for the duration of a curtailment event and only to the extent necessary to protect human needs and public safety. TPA asked that the term "protecting" be replaced with "serving," and that the Commission remove language requiring a utility to serve human needs "to whatever extent necessary" because the priorities adopted in subsection (c) address how human needs shall be prioritized. The Commissions understands the proposed language could be interpreted too broadly and adopts subsection (b) with changes to address Oxy's and TPA's concerns.

As discussed in the next section of the preamble, several commenters raised questions about proposed language in subsection (c), particularly regarding the Commission's jurisdiction and which gas deliveries are subject to §7.455. As discussed below, the Commission removed proposed subsection (c) in the adopted version of §7.455. Therefore, the Commission has addressed concerns about proposed subsection (c) with changes to subsection (b). First, the Commission adopts subsection (b) with a change to clarify that §7.455 applies only to intrastate service on a gas utility's intrastate natural gas pipelines. The Commission has no jurisdiction over interstate pipelines. Second, the Commission adopts subsection (b) with new language stating that §7.455 applies to gas sales of natural gas owned by a gas utility and/or deliveries utilizing a gas utility's transportation capacity. The Texas LDCs asked that the Commission clarify that curtailments apply to transportation as well as sales. Oxy suggested language stating that the curtailment priorities in the rule apply only to natural gas volumes and transportation capacity that is owned by a gas utility and shall not be applied to redirect natural gas volumes owned by unregulated entities. The Commission agrees with the Texas LDCs and agrees in part with Oxy. The rule applies to deliveries of utility-owned gas as well as deliveries utilizing a gas utility's transportation capacity. Therefore, when a curtailment event occurs, a gas utility that owns the gas molecules in the pipeline must ensure its sales are made in accordance with the priorities in adopted subsection (c). If a curtailment event causes insufficient capacity on a gas utility pipeline and the capacity can only be used to deliver gas to certain firm customers, the rule would require that transportation capacity be utilized in accordance with the priorities in subsection (c).

However, as Oxy's comment noted, the rule does not require that gas utility pipelines redirect gas that is owned by unregulated entities (i.e., third party marketers) according to the priorities in subsection (c). As stated in Railroad Commission of Texas v. City of Austin, "the Commission has jurisdiction to regulate and apportion the sales and disposition of gas owned by each gas utility, so as to protect the public interest. This does not mean that all the gas in Texas is under the full control of the Commission. It may not deprive a person or a corporation which is not a gas utility of gas owned by such person or corporation. The fact that gas owned by someone or some entity other than the gas utility is being transported in a pipeline owned by a utility does not subject that gas to a disposition by the Commission. It may not determine title to gas, nor may it operate retroactively upon a transfer of title to gas." R.R. Comm'n of Tex. v. City of Austin, 524 S.W.2d 262, 280-81 (Tex. 1975). To clarify this concept, the Commission adopts subsection (b) with new language at the end of the subsection, including language stating that the term "deliveries" in §7.455 includes sales and/or transportation service.

Subsection (c) - Standards

STEC and TCPA asked the Commission to clarify the types of natural gas pipelines that are required to comply with §7.455. TPA and TPPA commented that proposed subsection (c) conflicts with the priorities outlined in proposed subsection (d). TPA suggested removing proposed subsection (c). TPPA requested clarification regarding the meaning of "feasible" in proposed subsection (c). ONEOK, TXOGA, and TPA requested that "intrastate" be added in subsection (c) to clarify the Commission's jurisdiction.

As mentioned above, the Commission agrees that proposed subsection (c) created a potential conflict. Therefore, the Commission removes proposed subsection (c) ("Standards") and adopts subsection (b) ("Applicability") with several changes to address commenters' concerns.

Subsection (d) - Priorities

Due to comments, the Commission removed proposed subsection (c) and adopts proposed subsection (d) as subsection (c). The priorities contained in proposed subsection (d) are now found in §7.455(c).

Section 7.455(c) contains the priorities, listed in descending order, for use by gas utilities during a curtailment event. The priorities are largely incorporated from the emergency order issued during Winter Storm Uri. One notable difference between the emergency order and the priorities in subsection (d) is the inclusion of "firm" at the beginning of each category. This language is added to clarify that the requirements of §7.455 apply to firm deliveries of natural gas and the rule does not apply to interruptible deliveries, which are interrupted pursuant to mutually agreed upon contracts or tariffs prior to a curtailment event.

The Commission received several comments on the proposed priorities. Oxy commented that the rule should focus on prioritizing human needs, electric generation for human needs, and processes for public safety. Oxy asked that proposed subsections (d)(1)(D)-(F) be eliminated because they make the hierarchy overly complex and difficult to administer. The Commission disagrees. The priorities in adopted subsection (c)(1)(D)-(F) have been administered by gas utilities for almost 50 years. The Commission concludes including the categories in subsection (c)(1)(D)-(F) assists gas utilities in prioritizing the top three categories.

STEC and TCPA requested that electric generation facilities be elevated to the first priority alongside human needs customers. The Commission disagrees. Including both electric generation facilities and human needs customers in the top priority would place too many customers in the top priority and risk curtailment of residential natural gas customers. Preventing curtailment of residential natural gas customers is essential because a residential customer's gas must be shut-off and re-lit in person. Gas utility personnel must visit each individual home at least twice if a gas distribution system becomes inoperable--once to shut off the gas valve at the home and again to re-start the gas service. Loss of gas to residential customers also increases the likelihood that individuals will attempt to relight appliances and turn valves at their homes without proper safety precautions, presenting a significant public safety risk. If residential customers are curtailed because they are not exclusively top priority, it could take gas utilities months or longer to relight pilot lights and restore service to a significant portion of the over 4.5 million residential customers (households) with natural gas service in Texas.

STEC commented that in a true emergency or in extreme weather, interruptible deliveries to human needs and electric generation should be second only to firm deliveries to human needs and electric generation. Similarly, TPPA commented that interruptible supply to human needs customers, electric generation customers, and for plant protection should be prioritized above the other firm customers. Golden Spread Electric Cooperative, Inc. requested that the Commission include interruptible deliveries to electric generation facilities alongside firm deliveries to electric generation facilities. FABSS requested including interruptible deliveries below each priority. For example, FABSS proposed including interruptible deliveries to human needs customers below firm deliveries to human needs customers but above firm deliveries to electric generation facilities.

The Commission disagrees that interruptible deliveries should be elevated because, as adopted, §7.455 only applies in a curtailment event and does not govern interruptions in service to interruptible customers made pursuant to contracts or tariffs. The Commission notes that prioritizing firm service over interruptible service incentivizes customers that want firm service to seek out and contract for firm service and incentivizes gas utilities to make additional investment in storage and pipeline capacity to provide firm service. The direct costs of firm service are incurred by the customers that purchase firm service. Elevating interruptible customers above customers who have purchased firm service weakens the incentives of this construct. In Texas, the costs of firm service to natural gas LDC customers are directly passed through to LDC customers who benefit from reliability resulting from firm service.

The Commission's proposal included language in proposed subsection (d)(1)(H) that instructed gas utilities how to interrupt their interruptible deliveries. The Commission does not adopt this language in §7.455. APT, the Texas LDCs, and TPA explained in their comments that interruptible deliveries are conducted in accordance with the governing contract or tariff, and that proposed subsection (d)(1)(H) interfered with customers' ability to receive the level of service for which they have contracted and paid. Confusion about whether interruptible deliveries constitute a curtailment event created more support for removing proposed subsection (d)(1)(H).

Regarding the second priority in subsection (c)(1)(B), Enchanted Rock, LLC's comment noted that firm fuel delivery options for distributed generation or backup power systems are sometimes not offered by local distribution companies. Enchanted Rock asked that the Commission consider elevating interruptible deliveries of natural gas to electric generation when firm delivery service is not offered. FABSS's comment requested that interruptible deliveries to human needs customers, electric generation facilities, and for plant protection be elevated alongside firm deliveries when firm deliveries are not available on a commercially reasonable basis.

It is the Commission's understanding that firm service is not offered to certain customers for two reasons: (1) because pipeline capacity is insufficient to support firm service; and/or (2) because the customer is located at the end of the pipeline such that pipeline pressure is insufficient to support firm service. The Commission declines to elevate deliveries to these customers because granting them a higher priority would only be artificial - during a curtailment event, the pipeline capacity and/or pressure would still be insufficient to support prioritizing these customers.

The language in the third priority (§7.455(c)(1)(C)) addresses human safety concerns over the unplanned shut down of certain industrial and commercial plants due to natural gas curtailment. Specifically, there are large industrial and commercial plants located throughout the state that, without at least a minimum flow of natural gas, are unable to safely shut down operations without putting on-site staff and the surrounding public in potential danger. Therefore, subsection (c) requires prioritizing deliveries of a minimum amount of natural gas required to prevent physical harm and/or ensure critical safety to plant facilities, to plant personnel, or the public when such protection cannot be achieved through the use of an alternate fuel. APT and the Texas LDCs noted that this provision will be difficult to administer and may require new tariff provisions requiring customers to certify their plant protection needs so the gas utility knows how to prioritize those needs in a curtailment event. The Commission understands that gas utilities may need to propose new tariff provisions or otherwise implement new procedures to ensure they have correct information from customers. Similarly, ONEOK, TPA, and TXOGA commented requesting clarification that a gas utility may rely on the representations of its customers and/or their end users regarding the nature of the customers' deliveries. The Commission agrees and has included that language in subsection (c)(3).

FABSS requested that the third priority include language regarding preventing personal injury in addition to preventing physical harm and ensuring critical safety. The Commission interprets the term "physical harm" to include personal injury and declines to adopt subsection (c)(1)(C) with that change.

TXOGA requested a new provision to prioritize deliveries to motor fuel producers supporting critical infrastructure or emergency response. The Commission finds this provision would be difficult to administer. It is unclear how much gas would be necessary to support motor fuel producers and what is intended by "critical infrastructure or emergency response." Also, it is the Commission's understanding that motor fuel was generally available during Winter Storm Uri such that a changing the priorities in effect during Uri to address this issue is unnecessary.

The Commission adopts §7.455(c)(1)(A)-(G) with changes to remove references to "natural gas" in each priority. With the new definition of "firm or firm deliveries" in §7.455(a), including "natural gas" in each priority is redundant. The Commission also adopts non-substantive changes in subsection (c)(1)(E) and (F) to ensure language is consistent.

Section 7.455(c)(2) clarifies how customers within the same priority shall be curtailed. The proposed amendments indicated that customers within a priority class shall be curtailed to the extent practicable on an equal basis. ACSC noted that the term "priority class" did not appear elsewhere in the proposed rule and asked that the term be defined or changed to "priority." The Commission agrees and adopts subsection (c)(2) with a change to remove "class." APT noted that curtailment should only apply to customers within the same priority on the portion of the system subject to curtailment. Similarly, the Texas LDCs and TPA requested clarification that if a curtailment event is limited to a specific segment or LDC, then the gas utility is not required to apply the priorities to segments or systems that are not experiencing a curtailment event. The Commission agrees and adopts subsection (c)(2) with changes to address these concerns.

Coserv, Oxy, and TPA requested the Commission clarify what "on an equal basis" means. Oxy and Coserv suggested that curtailment of customers within the same priority be conducted on a pro rata basis. The Commission agrees and adopts subsection (c)(2) with a change to require curtailment of customers within the same priority on a pro rata basis according to scheduled quantities.

ONEOK, TXOGA, and TPA requested language clarifying that a pipeline has no obligation to conduct an investigation into its customers' representations about which priority a customer falls under. The Commission agrees that when applying the priorities of §7.455, a gas utility may rely on the representations of its customers and/or their end users regarding the nature of customers' deliveries. The Commission adopts new subsection (c)(3) to address this issue.

Subsection (d) - Curtailment Plans

Section 7.455(d) explains the effect of the proposed amendments to §7.455 on Order 489 and existing curtailment plans. Currently, the Commission has six approved curtailment plans on file. On September 1, 2022, §7.455 supersedes Order 489 and any existing curtailment plans. Subsection (d) allows a gas utility to file its own curtailment plan for approval with the Oversight and Safety Division. The first three priorities in any individual curtailment plan must be consistent with the first three priorities listed in subsection (c)(1)(A) - (C) and (2) of this section. A gas utility would be required to follow the priorities listed in subsection (c) unless and until the gas utility has an approved curtailment plan on file with the Commission.

Regarding the proposed language on curtailment plans, the City of Houston requested that LDCs be required to submit a specific curtailment plan that identifies customers that provide critical public safety services rather than allowing LDCs to use the priorities as a default plan. The Commission declines to adopt a change to address this comment because it is more appropriately addressed in the City of Houston's franchise agreement with its gas utility.

Coserv, Oxy, and TPPA requested that the Commission require notice of a curtailment plan filing and opportunity for a hearing. The Commission agrees and adopts subsection (d) with a change to require gas utilities to provide notice of a curtailment plan to their customers. A curtailment plan can only be approved administratively if no request for hearing is submitted within thirty days of the date of notice. Subsection (d) requires notice to be made in the form prescribed by the Commission. Prior to September 1, 2022, the Commission will develop and post on its website a notice form for gas utilities to use in accordance with the requirements of this subsection.

Subsection (e) - Required tariff filings

Section 7.455(e) requires that gas utilities file a tariff with the Commission to include the curtailment priorities in §7.455 or the gas utility's curtailment plan if a plan is approved by the Commission. This requirement ensures customers have information regarding the gas utility's curtailment plan. The Texas LDCs recommended changing "curtailment standards" to "curtailment priorities." The Commission agrees and adopts subsection (e) with "curtailment priorities."

Subsection (f) - Curtailment emergency contact information

Subsection (f), proposed as subsection (g), is adopted without changes to the proposed text.

Removal of language related to the Natural Gas Policy Act of 1978

Existing language in §7.455 is removed because interstate pipelines and Natural Gas Policy Act, §311(b) pipelines are subject to the jurisdiction of the Federal Energy Regulation Commission (FERC).

Coserv commented that this language should not be removed because these pipelines are not subject to FERC jurisdiction and the language is needed to ensure availability of gas to customers of Texas intrastate pipelines in times of curtailment. ONEOK and TPA support the removal of this language and asked the Commission to further clarify this concept by adding "intrastate" transportation capacity in proposed subsection (c). The Commission agrees with ONEOK and TPA and clarifies this concept in subsection (b) ("Applicability"). The Commission disagrees with CoServ that the Commission has the applicable jurisdiction related to this rulemaking over Section 311(b) pipelines.

Additional Comments

STEC and TCPA requested a requirement that natural gas pipelines estimate curtailable gas demand by criticality tier and, subsequent to a curtailment event, submit data to the Commission regarding the amount of gas curtailed and delivered. STEC also asked that information regarding intrastate pipelines be made available similar to information on interstate pipelines. The Commission disagrees with these comments. First, criticality tier is not a term addressed in the rule. Second, estimating curtailable gas in advance of a curtailment event would be difficult without prior knowledge of the pipeline segment or segments that might be subject to curtailment, the cause of the curtailment event, and/or the duration of the curtailment event, all of which could vary widely. Third, posting gas volumes curtailed could lead to disclosure of sensitive customer information. Customer and delivery point information has been deemed confidential by the Office of the Attorney General (Tex. Att'y Gen. ORD-552 (1990)). In addition, it is the Commission's understanding that information on interstate pipelines is made available because interstate pipelines are required to offer available capacity on an open access basis at cost-of-service rates. Posting available capacity is important for the interstate system because the interstate regulatory construct allows potential shippers to subscribe to and swap capacity if it is available. However, Texas law does not require pipelines to offer unbundled capacity. Texas law allows pipelines to negotiate their rates instead of requiring cost-of-service rates. Finally, the Commission concludes its proposal did not indicate to those required to comply with the amendments that extensive reporting requirements could be implemented. Therefore, the Commission views this suggestion as outside the scope and improper to implement without further opportunity for notice and comment.

FABSS requested a new curtailment scheme in which an application process allows qualified customers to register with their natural gas utility or LDC to be prioritized during a curtailment event. The Commission concludes its proposal did not indicate to those required to comply with the amendments that a new curtailment scheme could be implemented. Therefore, the Commission views this suggestion as outside the scope and improper to implement without further opportunity for notice and comment.

TIPRO asked the Commission to clarify that the curtailment rules only apply under an order by the Commission. The Commission disagrees. Section 7.455 applies during a curtailment event, which is triggered by a gas utility's determination that its ability to deliver gas may become inadequate to support continuous service to firm customers on its system.

Section 7.305 - Curtailment Program

The Commission repeals §7.305, relating to Curtailment Program, because §7.305 requires utilities to follow Order/Docket 489, which is superseded by the amendments to §7.455.

The Commission adopts the repeal under Title 3 of the Texas Utilities Code, which gives the Commission jurisdiction over gas utility pipelines in Texas.

SUBCHAPTER C. RECORDS AND REPORTS; TARIFFS; GAS UTILITY TAX

16 TAC §7.305

Statutory authority: Title 3 of the Texas Utilities Code, including §102.001, §102.003, and §121.151.

Cross-reference to statute: Texas Utilities Code, Chapters 101-105 and Chapter 121.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 12, 2022.

TRD-202201381

Haley Cochran

Rules Attorney, Office of General Counsel

Railroad Commission of Texas

Effective date: September 1, 2022

Proposal publication date: November 26, 2021

For further information, please call: (512) 475-1295


SUBCHAPTER D. CUSTOMER SERVICE AND PROTECTION

16 TAC §7.455

The Commission adopts the amendments under Title 3 of the Texas Utilities Code, which gives the Commission jurisdiction over gas utility pipelines in Texas.

Statutory authority: Title 3 of the Texas Utilities Code, including §102.001, §102.003, and §121.151.

Cross-reference to statute: Texas Utilities Code, Chapters 101-105 and Chapter 121.

§7.455.Curtailment Standards.

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Balancing authority--The Electric Reliability Council of Texas or other responsible entity that integrates resource plans ahead of time, maintains electricity demand and resource balance within a balancing authority area, and supports interconnection frequency in real time for a power region in Texas.

(2) Commission--The Railroad Commission of Texas.

(3) Curtailment event--When a gas utility determines that its ability to deliver gas may become inadequate to support continuous service to firm customers on its system and it reduces deliveries to one or more firm customers. For the purposes of this section, an interruption of delivery or service to interruptible gas customers does not constitute a curtailment event. Prior to reducing deliveries to one or more firm customers, a gas utility interrupts deliveries to interruptible customers pursuant to mutually agreed upon contracts and/or tariffs.

(4) Electric generation facilities--Facilities registered with the applicable balancing authority including bulk power system assets, co-generation facilities, distributed generation, and backup power systems.

(5) Firm or firm deliveries--Natural gas deliveries that are described as firm under a contract or tariff.

(6) Gas utility--An entity that operates a natural gas transmission pipeline system or a local distribution company that is subject to the Commission's jurisdiction as defined in Texas Utilities Code, Title 3.

(7) Human needs customers--Residences, hospitals, water and wastewater facilities, police, fire, military and civil defense facilities, and locations where people may congregate in an emergency such as schools and places of worship. A human needs customer also includes small commercial customers that cannot practicably be curtailed without curtailing human needs.

(8) Interruptible or interruptible deliveries--Natural gas deliveries that are not described as firm under a contract or tariff.

(b) Applicability. This section takes effect on September 1, 2022. This section applies when any gas utility experiences a curtailment event affecting intrastate service on any of its intrastate natural gas pipelines. When a gas utility experiences a curtailment event, the gas utility shall curtail deliveries according to the priorities listed in subsection (c) of this section unless and until the gas utility has an approved curtailment plan pursuant to subsection (d) of this section. The curtailment priorities in this section apply to sales of natural gas owned by a gas utility and/or deliveries utilizing a gas utility's transportation capacity. The priorities in this section do not apply to sales of gas owned by an entity that is not a gas utility. The term "deliveries" in this section includes sales and/or transportation service.

(c) Priorities.

(1) Unless a gas utility has an approved curtailment plan pursuant to subsection (d) of this section, a gas utility shall apply the following priorities in descending order during a curtailment event:

(A) firm deliveries to human needs customers and firm deliveries of natural gas to local distribution systems which serve human needs customers;

(B) firm deliveries to electric generation facilities;

(C) firm deliveries to industrial and commercial users of the minimum natural gas required to prevent physical harm and/or ensure critical safety to the plant facilities, to plant personnel, or the public when such protection cannot be achieved through the use of an alternate fuel;

(D) firm deliveries to small industrials and regular commercial loads that use less than 3,000 Mcf per day;

(E) firm deliveries to large industrial and commercial users for fuel or as a raw material where an alternate fuel or raw material cannot be used and operation and plant production would be curtailed or shut down completely when natural gas is curtailed;

(F) firm deliveries to large industrial and commercial users for fuel or as a raw material where an alternate fuel or raw material can be used and operation and plant production would be curtailed or shut down completely when natural gas is curtailed; and

(G) firm deliveries to customers that are not covered by the priorities listed in subparagraphs (A) - (F) of this paragraph.

(2) Deliveries to customers within the same priority on the portion of the system which is subject to curtailment shall be curtailed to the extent practicable on a pro rata basis according to scheduled quantities. If a customer's end-use requirements fall under two or more priorities, then such requirements must be treated separately when applying this schedule of priorities to the extent practicable. Transportation customers have equivalent end-use priorities as sales customers.

(3) When applying the priorities of this section, a gas utility may rely on the representations of its customers and/or their end users regarding the nature of customers' deliveries.

(d) Curtailment plans. Order 489 and any curtailment plan approved by the Commission prior to the effective date of this section is superseded by this section. A gas utility may file its own curtailment plan for approval with the Oversight and Safety Division. A gas utility shall follow the priorities listed in subsection (c) of this section unless and until the gas utility has an approved curtailment plan on file with the Commission. The first three priorities in any individual curtailment plan must be consistent with the first three priorities listed in subsection (c)(1)(A) - (C) and (2) of this section. A gas utility shall provide to its customers notice of an application for a curtailment plan. A gas utility shall provide notice on the same day the gas utility files its application with the Commission. The gas utility may provide notice by hand delivery, by first class, certified, registered mail, commercial delivery service, electronic methods, or by such other manner as the Commission may require. The notice shall be in the form prescribed by the Commission. The Oversight and Safety Division may administratively approve the curtailment plan if no request for hearing is filed within thirty days of such notice. The Commission shall set the matter for hearing if it receives a timely request for hearing from a customer of the gas utility.

(e) Required tariff filings. Within 90 days of the effective date of this section, each gas utility shall electronically file with the Commission, in the manner prescribed by the Commission, tariffs that shall include either:

(1) the curtailment priorities as specified in this section; or

(2) a curtailment plan approved by the Commission as specified in subsection (d) of this section.

(f) Curtailment emergency contact information. Each gas utility shall maintain current curtailment emergency contact information with the Commission and shall submit curtailment emergency contact information on or before November 1 of each year.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 12, 2022.

TRD-202201382

Haley Cochran

Rules Attorney, Office of General Counsel

Railroad Commission of Texas

Effective date: September 1, 2022

Proposal publication date: November 26, 2021

For further information, please call: (512) 475-1295


PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

CHAPTER 84. DRIVER EDUCATION AND SAFETY

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 84, Subchapter A, §84.3; and Subchapter M, §§84.500, 84.502 - 84.504, and 84.507, regarding the Driver Education and Safety Program, without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (46 TexReg 402). These rules will not be republished.

The Commission also adopts revisions to the following program guides: the Program of Organized Instruction in Driver Education and Traffic Safety Exclusively for Adults Six-Hour Course (POI-Adult Six-Hour); the Course of Organized Instruction for Driving Safety (COI-Driving Safety); the Program of Organized Instruction for Drug and Alcohol Driving Awareness Programs (POI-DADAP); and the Course of Organized Instruction for Specialized Driving Safety (COI-Specialized Driving Safety), without changes to the proposed text as published in the February 4, 2022, issue of the Texas Register (47 TexReg 554). These guides will not be republished.

The Program of Organized Instruction in Driver Education and Traffic Safety (POI-DE) for minor and adult driver education courses was adopted by the Commission with changes recommended by the Traffic Safety Advisory Committee and will be republished in the Texas Register - In Addition section.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC, Chapter 84, implement Texas Occupations Code, Chapter 1001, relating to Driver Education and Safety (DES).

The adopted rules are necessary to implement Senate Bill (SB) 1831, House Bill (HB) 3212, and HB 3319, 87th Legislature, Regular Session (2021), which amend Texas Education Code, Chapter 1001, to require that the curriculum of each driver education and driving safety course include information relating to, respectively, human trafficking prevention, the dangers and consequences of street racing, and the legal requirements for the passing of certain vehicles. The adopted rules implement these bills by updating the driver training curriculum requirements in the DES Program Guides adopted by reference in the rules.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §84.3, Materials Adopted by Reference, by updating the date and year reference to the driver training program guide editions that have been modified as a result of the legislative implementation for SB 1831, HB 3212 and HB 3319.

The adopted rules amend §84.500, Courses of Instruction for Driver Education Schools, by including information relating to human trafficking prevention, the dangers and consequences of street racing, and the passing of certain vehicles as described in Transportation Code §545.157 in the rule text for the driver education course curriculum, and the POI-DE and POI-Adult Six-Hour program guides relating to classroom instruction, in-car training, and simulations.

The adopted rules amend §84.502, Driving Safety Courses of Instruction, by including information relating to human trafficking prevention, the dangers and consequences of street racing, and the passing of certain vehicles as described in Transportation Code §545.157 in the rule text for the driver safety course curriculum, and the COI-Driving Safety program guide; and updating rule language to reflect implementation changes in the program guide.

The adopted rules amend §84.503, Specialized Driving Safety Courses of Instruction, by including information relating to human trafficking prevention, the dangers and consequences of street racing, and the passing of certain vehicles as described in Transportation Code §545.157 in the rule text for the specialized driver safety course curriculum, and the COI-Specialized Driving Safety program guide; and updating rule language to reflect implementation changes in the program guide.

The adopted rules amend §84.504, Driving Safety Course Alternative Delivery Method, by updating rule language to reflect the bill implementation changes in the COI-Driving Safety and COI-Specialized Driving Safety program guides.

The adopted rules amend §84.507, Driving Safety Course for Drivers Younger than 25 Years of Age (DSY25), by: (1) including information relating to human trafficking prevention, the dangers and consequences of street racing, and the passing of certain vehicles as described in Transportation Code §545.157 in the rule text for the DSY25 driver safety course educational objectives and curriculum; (2) correcting rule language; and (3) renumbering subsections accordingly.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the February 4, 2022, issue of the Texas Register (47 TexReg 402). The deadline for public comments was March 7, 2022. The Department did not receive any comments from interested parties on the proposed rules during the 30-day public comment period.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Driver Education and Traffic Safety Advisory Committee met on March 15, 2022, to discuss the proposed rules and any public comments received. The Advisory Committee recommended that the Commission adopt the proposed rules as published in the Texas Register with changes to the POI-DE, Module Eleven, Classroom Instruction Minimum Timeframes Chart which are as follows:

1. Chart Section 11.1.4, Anatomical Gifts, has been changed by correcting the lesson number to "29"; and

2. The minutes remaining for allocation to topics applicable to Module Eleven was changed from 15 minutes to 25 minutes after Advisory Board discussion. Thus, the sentence immediately below the chart has been changed to read: "The remaining 25 minutes of instruction shall be allocated to the topics included in this Module that satisfy the educational objectives of the course."

At its meeting on April 5, 2022, the Commission adopted the proposed rules and program guides as recommended by the Advisory Committee.

SUBCHAPTER A. GENERAL PROVISIONS

16 TAC §84.3

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapter 51 and Texas Education Code, Chapter 1001, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51 and Texas Education Code, Chapter 1001. No other statutes, articles, or codes are affected by the adopted rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 11, 2022.

TRD-202201354

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: May 1, 2022

Proposal publication date: February 4, 2022

For further information, please call: (512) 463-3671


SUBCHAPTER M. CURRICULUM AND ALTERNATIVE METHODS OF INSTRUCTION

16 TAC §§84.500, 84.502 - 84.504, 84.507

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapter 51 and Texas Education Code, Chapter 1001, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapter 51 and Texas Education Code, Chapter 1001. No other statutes, articles, or codes are affected by the adopted rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 11, 2022.

TRD-202201355

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: May 1, 2022

Proposal publication date: February 4, 2022

For further information, please call: (512) 463-3671


CHAPTER 94. PROPERTY TAX PROFESSIONALS

16 TAC §94.60

The Texas Commission of Licensing and Regulation (Commission) adopts a new rule at 16 Texas Administrative Code (TAC), Chapter 94, §94.60, regarding the Property Tax Professionals program, without changes to the proposed text as published in the December 10, 2021, issue of the Texas Register (46 TexReg 8298). These rules will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The adopted rule under 16 TAC, Chapter 94 implements Texas Occupations Code, Chapter 51, General Provisions Related to Licensing, and Chapter 1151, Property Tax Professionals.

The adopted rule is necessary to implement Senate Bill (SB) 916, 87th Legislature, Regular Session (2021). The aforementioned legislation requires the Department to provide an electronic link on its website that connects a user to the findings from the comptroller's biennial review of the appraisal district during a time that the selected registered professional appraiser was serving as the chief appraiser for that district, as well as each property value study used by the comptroller in each review. The availability of such centralized information referencing the selected appraiser's time as chief appraiser for a district will assist the board of directors of an appraisal district in its evaluation for the appointment of a new chief appraiser and provide additional transparency to the public regarding a chief appraiser's past and present work performance.

SECTION-BY-SECTION SUMMARY

The adopted rule adds new §94.60, Information on Appraisal District Reviews, which implements SB 916, and will require TDLR to provide an electronic link on its website for each registered professional appraiser that links to the comptroller's review of the appraisal district at the time the selected appraiser was serving as the chief appraiser of that district, as well as each property value study used by the comptroller in each review.

COMMISSION ACTION

At its meeting on April 5, 2022, the Commission adopted the proposed rules as recommended by the Department.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the December 10, 2021, issue of the Texas Register (46 TexReg 8298). The deadline for public comments was January 10, 2022. The Department received comments from one interested party on the proposed rules during the 30-day public comment period. The public comment is summarized below.

Comment - One commenter inquired as to what changes were made during this rulemaking to the proposed rules.

Department Response - The specific changes to the proposed rules are identified in the Section-by-Section summary. The Department made no changes in response to this comment.

STATUTORY AUTHORITY

The adopted rule is adopted under Texas Occupations Code, Chapters 51 and 1151, which authorize the Commission to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rule are those set forth in Texas Occupations Code, Chapters 51 and 1151. No other statutes, articles, or codes are affected by the adopted rule.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 11, 2022.

TRD-202201356

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: May 1, 2022

Proposal publication date: December 10, 2021

For further information, please call: (512) 463-3671


CHAPTER 114. ORTHOTISTS AND PROSTHETISTS

16 TAC §§114.20 - 114.22, 114.27, 114.29, 114.40, 114.50, 114.75, 114.80

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 114, §§114.20-114.22, 114.27, 114.29, 114.40, 114.50, 114.75, and 114.80, regarding the Orthotists and Prosthetists Program, without changes to the proposed text as published in the November 5, 2021, issue of the Texas Register (46 TexReg 7485). These rules will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 114 implement Texas Occupations Code, Chapter 605, Orthotists and Prosthetists.

The adopted rules implement changes identified by the Texas Department of Licensing and Regulation (Department) as a result of the four-year rule review process conducted under Texas Government Code §2001.39. The adopted rules are necessary to update rule provisions to reflect current Department procedures, amend outdated rule language, and eliminate unnecessary fees.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §114.20, Applications, by permitting submission of official transcripts and references in a manner prescribed by the Department, eliminating the requirement to submit proof of completion of the jurisprudence examination at every other renewal application, and removing outdated language regarding the disapproval of applications.

The adopted rules amend §114.21, Licenses and Licensing Procedures, by eliminating a reference to the jurisprudence examination and clarifying the language requiring display of a license at the primary location of practice or place of employment.

The adopted rules amend §114.22, Examination for Licensure as a Prosthetist, Orthotist, or Prosthetist/Orthotist, by inserting a reference to initial applicants completing the jurisprudence examination, removing outdated language related to the administration of the examination by the Department, and making clarifying changes to the section to reflect the current practices of the Department and its designee regarding the examination.

The adopted rules amend §114.27, Assistant License, to revert language to the previous requirements of the section before erroneous language was inserted due to a clerical error. The language in the adopted rules is modeled on the text of the section as it existed in the version of the rule adopted to be effective October 1, 2016 (41 TexReg 4467), with minor changes to clarify the scope of supervision for assistants. The current rule text contains errors in subsection (c) due to a mistaken submission by Department staff in the version of the rule effective September 1, 2018 (43 TexReg 5362).

The adopted rules amend §114.29, Accreditation of Facilities, to simplify submission requirements for changing a practitioner-in-charge or safety manager, and to eliminate the reference to submitting a fee for changing either of those positions.

The adopted rules amend §114.40, Renewal, by removing the requirement to submit proof of completing the jurisprudence examination and changing the process for voluntary charity care license holders by eliminating the delay until the next renewal period if they wish to reinstate their license type to active status.

The adopted rules amend §114.50, Continuing Education, by clarifying that live or pre-recorded instructor-directed activities may be offered in-person or using telecommunications or information technology that permits two-way interaction between the instructor and the attendee, classifying interactive computer-generated learning activities as a self-study activity, and making clarifying edits to the section based on these changes.

The adopted rules amend §114.75, Scope and Conditions of Practice, by adding telehealth to the scope of practice in a facility, in addition to the existing offsite practice authorized under the section, limiting the offsite or telehealth practice to the licensees' scope of practice, and removing a reference to "registrants."

The adopted rules amend §114.80, Fees, to eliminate the fee for changing a practitioner-in-charge or safety manager, and to eliminate the fees for renewal of a voluntary charity care license type.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the November 5, 2021, issue of the Texas Register (46 TexReg 7485). The deadline for public comments was December 6, 2021. The Department did not receive any comments from interested parties on the proposed rules during the 30-day public comment period.

ADVISORY BOARD RECOMMENDATIONS AND COMMISSION ACTION

The Orthotists and Prosthetists Advisory Board met on February 28, 2022, to discuss the proposed rules. The Advisory Board recommended that the Commission adopt the proposed rules as published in the Texas Register. At its meeting on April 5, 2022, the Commission adopted the proposed rules as recommended by the Advisory Board.

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapters 51 and 605, which authorize the Commission to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 605. No other statutes, articles, or codes are affected by the adopted rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 11, 2022.

TRD-202201364

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: May 1, 2022

Proposal publication date: November 5, 2021

For further information, please call: (512) 463-3671


CHAPTER 130. PODIATRIC MEDICINE PROGRAM

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 130, Subchapter B, §130.27, and adopts a new rule at Subchapter G, §130.75, regarding the Podiatry program, without changes to the proposed text as published in the January 28, 2022, issue of the Texas Register (47 TexReg 234). These rules will not be republished.

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The rules under 16 TAC Chapter 130 implement Texas Occupations Code Chapter 202, Podiatrists.

The adopted rules implement certain podiatry-specific provisions required by Texas Occupations Code §51.2032. The adopted rules are necessary to relocate these provisions from their existing locations to the chapter of the Texas Department of Licensing and Regulation (Department) rules specifically regulating podiatry. This rulemaking is accompanied by another rulemaking related to 16 TAC Chapter 100, regarding General Provisions for Health-Related Programs, and the reorganization of that chapter has resulted in the need for the adopted rules.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §130.27, Meetings. The adopted rules amend the title of the rule to "Advisory Board Meetings and Duties of Department." The adopted rules duplicate the provisions of existing 16 TAC §100.20, Providing Information to Advisory Boards for Certain Health-Related Programs, with minor changes to the text making it podiatry-specific. The adopted rules also relocate 16 TAC §100.31, Rules Regarding the Podiatric Medicine Program, and §100.50, Continuing Education Procedures for the Podiatric Medicine Program, to this rule section, creating new subsections and re-lettering the existing rule text accordingly. The Department's rules in Chapter 100 are being amended to remove podiatry references and §100.31 and §100.50 are being repealed in a concurrent rulemaking.

The adopted rules adopt new §130.75, Establishment of Enforcement Procedures. This new rule creates a podiatry-specific version of the text of existing 16 TAC §100.40, Enforcement Procedures for Certain Health-Related Programs.

PUBLIC COMMENTS

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the January 28, 2022, issue of the Texas Register (47 TexReg 234). The deadline for public comments was February 28, 2022. The Department did not receive any comments from interested parties on the proposed rules during the 30-day public comment period.

The Department received podiatry-related comments on the accompanying 16 TAC Chapter 100 rulemaking proposal, and those comments are addressed in the adoption materials for that rulemaking. Those comments request changes to rule sections outside the scope of this rulemaking.

COMMISSION ACTION

At its meeting on April 5, 2022, the Commission adopted the proposed rules as recommended by the Department.

SUBCHAPTER B. ADVISORY BOARD

16 TAC §130.27

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapters 51 and 202, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 202. No other statutes, articles, or codes are affected by the adopted rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 11, 2022.

TRD-202201365

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: May 1, 2022

Proposal publication date: January 28, 2022

For further information, please call: (512) 463-3671


SUBCHAPTER G. ENFORCEMENT

16 TAC §130.75

STATUTORY AUTHORITY

The adopted rules are adopted under Texas Occupations Code, Chapters 51 and 202, which authorize the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 202. No other statutes, articles, or codes are affected by the adopted rules.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 11, 2022.

TRD-202201366

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Effective date: May 1, 2022

Proposal publication date: January 28, 2022

For further information, please call: (512) 463-3671