TITLE 31. NATURAL RESOURCES AND CONSERVATION

PART 1. GENERAL LAND OFFICE

CHAPTER 15. COASTAL AREA PLANNING

SUBCHAPTER B. COASTAL EROSION PLANNING AND RESPONSE

The General Land Office (GLO) proposes amendments to Title 31, Part 1, Subchapter B §15.41, relating to the Coastal Erosion Planning and Response Act, Chapter 40 of the Texas Natural Resources Code to correct citations to rules.

BACKGROUND AND SECTION BY SECTION ANALYSIS OF THE PROPOSED AMENDMENT TO §15.41

The purpose of the Coastal Erosion Planning and Response Act, Texas Natural Resources Code Sections 33.601-.613 (CEPRA), is to implement coastal erosion response projects, demonstration projects, and related studies to reduce the effects of coastal erosion and to understand the process of coastal erosion as it continues to threaten public beaches, natural resources, coastal development, public infrastructure, and public and private property. The funds are awarded to qualified project partners through a competitive application process in which all coastal resources funding applications are evaluated and scored by the GLO's CEPRA team. Selected projects are approved by the Commissioner.

The proposed edits update citations to 31 TAC 501.26 to reflect changes made to that section in 2022. The citation relates to Policies for Construction in the Beach/Dune System which has been moved to 31 TAC 26.26(b). The amendment does not make substantive changes to the rule. It replaces an old, repealed citation with the newest amended citation.

FISCAL, BUSINESS AND EMPLOYMENT IMPACTS

David Green, Deputy Director, Coastal Resources, has determined that for each year of the first five years the amendments as proposed are in effect there will be no fiscal implications for state government as a result of enforcing or administering the amended sections because they are non-substantive changes. No changes in employment will be required for the GLO or local governments for each of the first five years will be necessary.

Mr. Green has determined that the proposed amendments will not increase the costs of compliance for micro, small or large business or individuals required to comply with amendments and that a local employment impact statement on these amendments is not required because the proposed regulations will not adversely affect any local economy in a material manner for the first five years they will be in effect. The GLO has also determined that an economic impact statement and regulatory flexibility analysis on these proposed regulations are not required because the proposed regulations do not have a material adverse economic effect on small business.

PUBLIC BENEFIT

Mr. Green has determined that the public will benefit from the amendments because the changes correct reference to applicable rules thereby giving public clear direction as to how an applicant must prepare an application for CEPRA funds. Clarity of the rules also enhances the ability of the GLO to implement the rules and effectively support its application requirements.

GOVERNMENT GROWTH IMPACT STATEMENT

The GLO prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program, will not require an increase or decrease in future legislative appropriation to the agency, and will not require the creation of new employee positions nor eliminate current employee positions. This rulemaking does not affect the fees paid to the agency or increase or decrease the number of individuals subject to the rule's applicability.

During the first five years that the proposed rule would be in effect, it is not anticipated that there will be an adverse impact on the state's economy. The proposed amendments are expected to improve that process of applying for CEPRA funds.

CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM

The proposed amendments reflect updates are not subject to the Coastal Management Program (CMP), 31 TAC §505.11(c), relating to the Actions and Rules subject to the CMP. Therefore, consistency review is not required. Individual erosion response projects undertaken in compliance with these rules may be subject to the CMP, and consistency with the CMP will be individually determined at the appropriate stage of project planning.

TAKINGS IMPACT ASSESSMENT

The GLO has evaluated the amendments to determine whether Texas Government Code, Chapter 2007 (Private Real Property Rights Preservation Act), is applicable and a detailed takings assessment is required. The GLO has determined that the proposed amendments do not affect private real property in a manner that requires real property owners to be compensated as provided by the Fifth and Fourteenth Amendments by the United States Constitution or Article I, Sections 17 and 19 of the Texas Constitution. Therefore, a detailed takings assessment is not required.

MAJOR ENVIRONMENTAL RULE ANALYSIS

The GLO has evaluated the proposed rulemaking action in light of the regulatory analysis requirements of Texas Government Code §2001.0225 and determined that the action is not subject to §2001.0225 because it does not exceed express requirements of state law and does not meet the definition of a "major environmental rule" as defined in the statute. "Major environmental rule" means a rule of which the specific Intent is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect the economy, a sector of the economy, productivity, competition, jobs, the environment, or public health and safety of the state or a sector of the state. The proposed amendment is not anticipated to adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state because the proposed rulemaking implements legislative requirements in Texas Natural Resources Code, §33.602(c).

PUBLIC COMMENT REQUEST

To comment on the proposed rulemaking, please send a written comment to Mr. Walter Talley, Texas Register Liaison, Texas General Land Office, P.O. Box 12873, Austin, Texas 78711, facsimile number (512) 463-6311 or email to walter.talley@glo.texas.gov. Written comments must be received no later than 5:00 p.m., thirty (30) days from the date of publication of this proposal.

STATUTORY AUTHORITY

The amendments are proposed under Texas Natural Resources Code, §33.602(c) that provides the Commissioner of the GLO with the authority to adopt rules concerning coastal erosion as necessary to implement Texas Natural Resources Code, Chapter 33, Subchapter H.

§ 15.41. Evaluation Process for Coastal Erosion Studies and Projects.

(a) The General Land Office (GLO) will conduct an evaluation of potential coastal erosion studies and projects to designate funding for qualifying projects from the coastal erosion response account (Account). The evaluation process will consist of a review by the GLO of Coastal Resources Funding Application (Applications) to identify priority projects for funding. Throughout the evaluation process, the goal of the GLO is to work cooperatively with qualified project partners to identify and select preferred erosion response solutions to address erosion problems identified in the Applications.

(1) (No change.)

(2) To be considered for funding under the Account, a potential project partner must submit an Application to the GLO by the GLO's established submission deadline.

(A) The submitted Application must include the following information to be considered complete:

(i) - (xv) (No change.)

(xvi) a description of how the project is consistent with the Coastal Management Plan's enforceable policies set out in 31 TAC §26.26(b) of this title [31 TAC §501.26(b)] (relating to Policies for Construction in the Beach/Dune System), and identification of whether the project involves structural shoreline protection on or landward of a public beach; and

(xvii) (No change.)

(B) The GLO will evaluate received Applications based on the following general requirements:

(i) - (viii) (No change.)

(ix) if the project involves structural shoreline protection on or landward of a public beach, whether such project uses innovative technologies designed or engineered to minimize beach scour in accordance with Texas Natural Resources Code, §33.603(b)(14) and is consistent with the Coastal Management Plan's enforceable policies set out in 31 TAC §26.26(b) [31 TAC §501.26(b)] of this title (relating to Policies for Construction in the Beach/Dune System).

(C) - (E) (No change.)

(3) (No change.)

(b) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 4, 2025.

TRD-202502734

Jennifer Jones

Chief Clerk And Deputy Land Commissioner

General Land Office

Earliest possible date of adoption: September 14, 2025

For further information, please call: (512) 475-1859

CHAPTER 19. OIL SPILL PREVENTION AND RESPONSE

SUBCHAPTER A. GENERAL PROVISIONS

The General Land Office (GLO) proposes amendments to Title 31, Part 1, Subchapter A §19.6 and new §19.7, relating to the authority of the Oil Spill Prevention and Response Act of 1981, Chapter 40 of the Texas Natural Resources Code (OSPRA) to amend procedures in §19.6 and add and modify enforcement provisions and to make non-substantive edits.

BACKGROUND AND ANALYSIS OF THE PROPOSED AMENDMENT TO §19.6

Proposed amendment to subsection amends the language to ensure it is clear that claims for confidentiality of documentation, records, and information must be done in writing when the item is filed.

BACKGROUND AND ANALYSIS OF NEW SECTION §19.7

Proposed amendment creates new §19.7 to address enforcement. The language present in §19.7 is substantially similar to the language present in §19.14(e). Moving the language from the Spill Prevention and Preparedness subchapter of the code to the General Provisions subchapter of the code clarifies that the enforcement provisions are intended to apply to facility owners and operators and all other parties that may cause the release of oil into the coastal environment. Language reciting OSPRA penalty provisions is left out of the language as it is already addressed in the statute and language giving examples of enforcement is deleted because other provisions of these rules can be used to determine when enforcement is appropriate. Additionally, §19.7(a)(2) provides additional factors the commissioner must consider for "any GLO penalty policy."

FISCAL AND EMPLOYMENT IMPACTS

Mr. Jimmy A. Martinez, Deputy Director of GLO's Oil Spill Prevention and Response Division, has determined that for each year of the first five years the amendments as proposed are in effect there will be no fiscal implications for state government as a result of enforcing or administering the amended sections because the majority of the changes are non-substantive changes necessary to reflect how the GLO is currently doing business and to clarify existing rules.

The changes that are substantive such as the creation of §19.7 to address enforcement in a clearer manner present no notable cost to the agency to comply with or enforce the amendments to these rules. The addition of language to §19.7 reflects the broader application of OSPRA and GLO policy. No changes in employment will be required for the GLO. There will be no fiscal impact on local governments for each of the first five years because local governments do not have a role in implementation over the proposed changes. To the extent that local governments are regulated under these rules, there may be minimal fiscal impacts associated with the substantive changes, but those changes are not sufficient to result in a material cost to them as a regulated entity.

Mr. Martinez has determined that the proposed amendments will not increase the costs of compliance for small or large business or individuals required to comply with amendments. Current law establishes basic requirements for oil spill prevention and response planning. The amendments acknowledge how the GLO performs business, clarifies the existing requirements, and where there are changes to substantive requirements, the enhanced standards have minimal costs associated with implementation.

The GLO has determined that a local employment impact statement on these proposed regulations is not required because the proposed regulations will not adversely affect any local economy in a material manner for the first five years they will be in effect. The GLO has determined that an economic impact statement and regulatory flexibility analysis on these proposed regulations are not required because the proposed regulations do not have a material adverse economic effect on small business.

PUBLIC BENEFIT

Mr. Martinez has determined that the public will benefit from the amendments because the changes reflect how the GLO is currently doing business and clarify existing rules. Some non-substantive changes that benefit the public include the increased clarity of claims of confidentiality. These changes will make procedural aspects clearer for the regulated community and clarify existing requirements so that the regulated community has a better understanding of what is required. Clarity of the rules also enhances the ability of the GLO to implement and enforce these regulations.

The substantive amendment that adds §19.7 addresses penalties in a clearer manner and enhances the owner, operator, or other party's ability to understand penalties that may be enforced against them. This change reflects existing enforcement authority under OSPRA and GLO regulations and policies.

GOVERNMENT GROWTH IMPACT STATEMENT

The GLO prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program, will not require an increase or decrease in future legislative appropriation to the agency, and will not require the creation of new employee positions nor eliminate current employee positions. This rulemaking does not affect the fees paid to the agency. The proposed rulemaking does create a new rule. However, the rule is consistent with statutory authority and is substantially similar to an already existing rule (§19.14(e)) that will be repealed. This change will not increase or decrease the number of individuals subject to the rule's applicability.

During the first five years that the proposed rule would be in effect, it is not anticipated that there will be an adverse impact on the state's economy. The proposed amendments are expected to improve environmental protection and safety.

CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM

The proposed amended rules concerning procedures for oil spill prevention and response planning and enforcement reflect updates to bring the rules in line with current organizational practices and are not subject to the Coastal Management Program (CMP), 31 TAC §505.11(c), relating to the Actions and Rules subject to the CMP. Therefore, consistency review is not required.

TAKINGS IMPACT ASSESSMENT

The GLO has evaluated the new rules to determine whether Texas Government Code, Chapter 2007 (Private Real Property Rights Preservation Act), is applicable and a detailed takings assessment is required. The GLO has determined that the proposed amendments and new rule do not affect private real property in a manner that requires real property owners to be compensated as provided by the Fifth and Fourteenth Amendments by the United States Constitution or Article I, Sections 17 and 19 of the Texas Constitution. Therefore, a detailed takings assessment is not required.

MAJOR ENVIRONMENTAL RULE ANALYSIS

The GLO has evaluated the proposed rulemaking action in light of the regulatory analysis requirements of Texas Government Code §2001.0225 and determined that the action is not subject to §2001.0225 because it does not exceed express requirements of state law and does not meet the definition of a "major environmental rule" as defined in the statute. "Major environmental rule" means a rule of which the specific Intent is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect the economy, a sector of the economy, productivity, competition, jobs, the environment, or public health and safety of the state or a sector of the state. The proposed amendment and new rule are not anticipated to adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state because the proposed rulemaking implements legislative requirements in Texas Natural Resources Code, §§40.109 - 40.113 and 40.251 - 40.254. The Texas Natural Resources Code provides the GLO with the authority to adopt requirements for discharge prevention and response capabilities, equipment, methods and reporting, plan criteria and penalties, hearings, and orders.

PUBLIC COMMENT REQUEST

To comment on the proposed rulemaking, please send a written comment to Mr. Walter Talley, Texas Register Liaison, Texas General Land Office, P.O. Box 12873, Austin, Texas 78711, facsimile number (512) 463-6311 or email to walter.talley@glo.texas.gov. Written comments must be received no later than 5:00 p.m., thirty (30) days from the date of publication of this proposal.

STATUTORY AUTHORITY

The amendments are proposed under OSPRA, Texas Natural Resources Code, §40.007(a), which give the Commissioner of the GLO the authority to promulgate rules necessary and convenient to the administration of OSPRA, and §40.117(a)(10) & (11),which provides the GLO with the authority to adopt requirements for discharge prevention and response capabilities, equipment, methods, and reporting, criteria for spill response planning and penalties, hearings, and orders.

Texas Natural Resources Code §§40.109- 40.117 and 40.251- 40.258 are affected and implemented by the proposed amendment to the rule.

§ 19.6. Confidentiality.

An applicant, claimant, or person filing information with the General Land Office (GLO) must make any claim of confidentiality of documentation, records, or information in writing when it is filed with the GLO or the claim of confidentiality is waived.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 4, 2025.

TRD-202502735

Jennifer Jones

Chief Clerk and Deputy Land Commissioner

General Land Office

Earliest possible date of adoption: September 14, 2025

For further information, please call: (512) 475-1859

SUBCHAPTER B. SPILL PREVENTION AND PREPAREDNESS

The General Land Office (GLO) proposes amendments to Title 31, Part 1, Subchapter B §§19.12 - 19.14 and 19.20, relating to the authority of the Oil Spill Prevention and Response Act of 1981, Chapter 40 of the Texas Natural Resources Code (OSPRA) to reflect current organizational standards, remove subsection, clarify terms, and make non-substantive edits.

BACKGROUND AND ANALYSIS OF THE PROPOSED AMENDMENT TO §19.12

Throughout the entire section the language adds the term "owners" as a party to which the facility rules will apply to ensure that it is clear that "owners or operators, which are specifically defined in §19.2, are responsible for following the rules. This also makes it consistent with other similar provisions in requiring operators to comply with these rules.

BACKGROUND AND ANALYSIS OF THE PROPOSED AMENDMENT TO §19.12(a)

Proposed amendments modify currently existing language to clarify terms and more closely reflect the language of OSPRA. Staff has also removed references to "waterfront or offshore facility" and relies upon the term ‘facility’ which is defined in §19.2(5) as any "waterfront or offshore facility." Use of a defined terms is more concise and ensures the consistent use of defined terms. The terms gathering lines and flow lines has been deleted because these types of structures are not covered by OSPRA certification requirements. The second sentence of this section has been rewritten to clarify that if any part of a site has a "waterfront or offshore facility" than the entire site must be covered by a discharge prevention and response certificate. Language describing what facilities these rules apply is deleted because it directly quotes language from OSPRA and need not be repeated in the rules.

BACKGROUND AND ANALYSIS OF THE PROPOSED AMENDMENT TO §19.12(b)

Staff has also removed references to "waterfront or offshore facility" and relies upon the term ‘facility’ which is defined in §19.2(5) as any "waterfront or offshore facility." Use of a defined terms is more concise and ensures the consistent use of defined terms.

BACKGROUND AND ANALYSIS OF THE PROPOSED AMENDMENT TO §19.12(d)

Proposed amendments add "owners" as a party to which the facility rules will apply to ensure that it is clear that owners and operators are responsible for following the rules. Additional changes include modifying currently existing language to reflect changes to the organizational structure of the General Land Office. Additionally, staff has removed reference to the "/" from the General Land Office website URL because it is an error and not part of the GLO website.

BACKGROUND AND ANALYSIS OF THE PROPOSED AMENDMENT TO §19.12(e) and (g).

Proposed amendments delete references to operators and adds the term applicant in its place because this provision generally addresses applicants.

BACKGROUND AND ANALYSIS OF THE PROPOSED AMENDMENT TO §19.12(i)

Proposed amendment modifies currently existing language to reflect changes to the organizational structure of the General Land Office.

BACKGROUND AND ANALYSIS OF THE PROPOSED AMENDMENT TO §19.13

Proposed amendments add "owners" as a party to which the facility rules will apply to ensure that it is clear that owners and operators are responsible for following the rules or add the term applicant, where appropriate.

BACKGROUND AND ANALYSIS OF THE PROPOSED AMENDMENT TO §19.14

Throughout the entire section the language adds the term "owners" as a party to which the facility rules will apply to ensure that it is clear that "owners or operators," which is specifically defined in §19.2, responsible for following these rules. This also makes it consistent with other similar provisions in requiring operators to comply with these rules.

BACKGROUND AND ANALYSIS OF THE PROPOSED AMENDMENT TO §19.14(a)

Proposed amendments make non-substantive editorial changes to reflect more commonly used language when addressing electronic forms of communication, to clarify the scope of what may be updated and how, and notes that information about contacting the regional office can be obtained by calling the GLO during business hours. The phrase "or certificate" is added to make clear that the GLO's portal can be used to update application and certificate information. Language has also been added to reflect the means a party may use to acquire access to the secure online portal that certificate holders can use to access and update their information.

Amendment also modifies existing language to reflect changes to the organizational structure of the General Land Office.

BACKGROUND AND ANALYSIS OF THE PROPOSED AMENDMENT TO §19.14(b)

Staff deletes language in (b)(2) that relates to audits and inspections when renewing certificates. New language in 12(j) addresses when audits and inspections will or may be performed including for purposes of renewal.

BACKGROUND AND ANALYSIS OF THE PROPOSED AMENDMENT TO §19.14(e)

Proposed amendment deletes §19.14(e) which has been moved, in part, to new §19.7. The placement of the penalty provisions in §19.14(e) limits the enforcement of these provisions to the certification of facilities. However, the terms of enforcement as outlined in OSPRA also apply to spill response planning and responses to oil spills. Therefore, §19.14(e) will be deleted and replaced by new §19.7 that contains substantially similar language and will have broader application than placement within this subchapter.

BACKGROUND AND ANALYSIS OF THE PROPOSED AMENDMENT TO §19.20(e)

Proposed amendment modifies language relating to discharge cleanup industrial organization certifications to increase the term to 5-years, which is consistent with other certificates under OSPRA.

FISCAL AND EMPLOYMENT IMPACTS

Mr. Jimmy A. Martinez, Deputy Director of GLO's Oil Spill Prevention and Response Division, has determined that for each year of the first five years the amendments as proposed are in effect there will be no fiscal implications for state government as a result of enforcing or administering the amended sections because the majority of the changes are non-substantive changes necessary to reflect how the GLO is currently doing business and to clarify existing rules.

The changes that are substantive such as the deletion of §19.14(e) to address enforcement in a clearer manner present no notable cost to the agency to comply with or enforce the amendments to these rules. No changes in employment will be required for the GLO. There will be no fiscal impact on local governments for each of the first five years because local governments do not have a role in implementation over the proposed changes. To the extent that local governments are regulated under these rules, there may be minimal fiscal impacts associated with the substantive changes, but those changes are not sufficient to result in a material cost to them as a regulated entity.

Mr. Martinez has determined that the proposed amendments will not increase the costs of compliance for small or large business or individuals required to comply with amendments. Current law establishes basic requirements for oil spill prevention and response planning. The amendments acknowledge how the GLO performs business, clarifies the existing requirements, and where there are changes to substantive requirements, the enhanced standards have minimal costs associated with implementation.

The GLO has determined that a local employment impact statement on these proposed regulations is not required because the proposed regulations will not adversely affect any local economy in a material manner for the first five years they will be in effect. The GLO has determined that an economic impact statement and regulatory flexibility analysis on these proposed regulations are not required because the proposed regulations do not have a material adverse economic effect on small business.

PUBLIC BENEFIT

Mr. Martinez has determined that the public will benefit from the amendments because the changes reflect how the GLO is currently doing business and clarify existing rules. Some non-substantive changes that benefit the public include those to reflect current organizational procedures and make non-substantive edits. These changes will make procedural aspects clearer for the regulated community and clarify existing requirements so that the regulated community has a better understanding of what is required. Clarity of the rules also enhances the ability of the GLO to implement and enforce these regulations.

The changes that are substantive such as the removal of §19.14(e) to address enforcement in a clearer manner enhance the owner, operator, or other party's ability to understand penalties that may be enforced against them. This change enhances the enforcement ability of OSPRA and its regulations.

GOVERNMENT GROWTH IMPACT STATEMENT

The GLO prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program, will not require an increase or decrease in future legislative appropriation to the agency, and will not require the creation of new employee positions nor eliminate current employee positions. This rulemaking does not affect the fees paid to the agency. The proposed rulemaking does repeal an existing rule. However, the rule is substantially similar to a newly established rule (§19.7). This change will not increase or decrease the number of individuals subject to the rule's applicability.

During the first five years that the proposed rule would be in effect, it is not anticipated that there will be an adverse impact on the state's economy. The proposed amendments are expected to improve environmental protection and safety.

CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM

The proposed amended rules concerning procedures for oil spill prevention and response planning and enforcement reflect updates to bring the rules in line with current organizational practices and are not subject to the Coastal Management Program (CMP), 31 TAC §505.11(c), relating to the Actions and Rules subject to the CMP. Therefore, consistency review is not required.

TAKINGS IMPACT ASSESSMENT

The GLO has evaluated the new rules to determine whether Texas Government Code, Chapter 2007 (Private Real Property Rights Preservation Act), is applicable and a detailed takings assessment is required. The GLO has determined that the proposed amendments and new rules do not affect private real property in a manner that requires real property owners to be compensated as provided by the Fifth and Fourteenth Amendments by the United States Constitution or Article I, Sections 17 and 19 of the Texas Constitution. Therefore, a detailed takings assessment is not required.

MAJOR ENVIRONMENTAL RULE ANALYSIS

The GLO has evaluated the proposed rulemaking action in light of the regulatory analysis requirements of Texas Government Code §2001.0225 and determined that the action is not subject to §2001.0225 because it does not exceed express requirements of state law and does not meet the definition of a "major environmental rule" as defined in the statute. "Major environmental rule" means a rule of which the specific Intent is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect the economy, a sector of the economy, productivity, competition, jobs, the environment, or public health and safety of the state or a sector of the state. The proposed amendments are not anticipated to adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state because the proposed rulemaking implements legislative requirements in Texas Natural Resources Code, §§40.109 - 40.113 and 40.251 - 40.254. The Texas Natural Resources Code provides the GLO with the authority to adopt requirements for discharge prevention and response capabilities, equipment, methods and reporting, plan criteria and penalties, hearings, and orders.

PUBLIC COMMENT REQUEST

To comment on the proposed rulemaking, please send a written comment to Mr. Walter Talley, Texas Register Liaison, Texas General Land Office, P.O. Box 12873, Austin, Texas 78711, facsimile number (512) 463-6311 or email to walter.talley@glo.texas.gov. Written comments must be received no later than 5:00 p.m., thirty (30) days from the date of publication of this proposal.

STATUTORY AUTHORITY

The amendments are proposed under OSPRA, Texas Natural Resources Code, §40.007(a), which give the Commissioner of the GLO the authority to promulgate rules necessary and convenient to the administration of OSPRA, and §40.117(a)(1)-(a)(4), (a)(6) & a(11)which provides the GLO with the authority to adopt requirements for discharge prevention and response capabilities, equipment, methods, and reporting, criteria for spill response planning, and certification of discharge clean up organizations.

Texas Natural Resources Code §§40.109 - 40.117 and 40.251 - 40.258 are affected and implemented by the proposed amendment to the rule.

§ 19.12. Facility Certification Requirements.

(a) Applicability. This section applies to any person who owns or operates a [waterfront or offshore] facility, as defined by Section 19.2(5) of this title (relating to Definitions). If an owner or operator controls a facility on any part of a site, the entire site [part of a waterfront or offshore facility which is waterfront or offshore, the entire facility in which oil is handled or stored under the control of that operator] must be covered by the discharge prevention and response certificate. [Pipelines, flowlines, gathering lines, or transmission lines that transfer oil across an area of could threaten coastal waters are considered facilities.] A combination of interrelated or adjacent tanks, impoundments, pipelines, [gathering lines, flow lines,] separator or treatment facilities, and other structures, equipment, or devices under common ownership or operation will be considered a single facility under OSPRA. Interrelated means the devices are all an integral part of one commercial or industrial operation or are managed and controlled by a single entity. [The term includes facilities owned by units of federal, state, or local government, as well as privately owned facilities.]

(b) Current certificate and implementation of certified plan required to operate. No entity may operate a [waterfront or offshore] facility without implementing a current discharge prevention and response plan that has been certified by the GLO. This requirement does not apply, however, to an entity that operates a facility and has obtained a waiver from the facility certification requirement pursuant to §19.4 of this title (relating to Waiver) or if an exemption applies to the facility.

(c) Certificate void when owner or operator changes or facility classification level increases. A discharge prevention and response certificate is issued to a specific owner or operator and for a particular facility classification level. When the owner or operator of a facility changes, the discharge prevention and response certificate is void. The new owner or operator of the facility will need to submit an application for a certificate to the GLO before beginning to operate the facility. A certificate is also void when the facility changes its operations in a manner that increases its facility classification level. If an owner or operator increases storage capacity or installs new oil transfer lines at a facility, causing the facility classification to change from small to intermediate or large or from intermediate to large, the owner or operator will need to apply for a new certificate in accordance with 31 TAC §19.12(d).

(d) Obtaining a discharge prevention and response certificate.

(1) The owner oroperator of a facility must apply for a discharge prevention and response certificate by submitting a completed application form to the GLO. Application forms are available from the General Land Office, Oil Spill Prevention and Response Division [Program], 1700 North Congress Avenue, Austin, Texas 78701-1495 or from any regional office of the GLO. The application form can also be downloaded from the GLO's Oil Spill Prevention and Response Division [Program] website, www.glo.texas.gov[/].

(2) The certificate application must be signed by a representative of the facility owner or operator who has approved the facility's discharge prevention and response plan and has the authority to commit the necessary resources to implement the plan.

(3) After consultation with the GLO, the applicant must prepare and implement a discharge prevention and response plan that meets the requirements of §19.13 of this title (relating to Requirements for Discharge Prevention and Response Plans) and make the plan available to the GLO for review.

(e) Facility audits. After the GLO determines the application is administratively complete, the GLO may contact the applicant [facility operator] to discuss the classification of the facility and the discharge prevention and response plan. The GLO will schedule an on-site audit and review of the facility's discharge prevention and response plan and its implementation. The audit will cover the following elements:

(1) the facility's compliance with applicable regulations;

(2) whether the discharge prevention and response plan adequately addresses all the applicable elements required by §19.13;

(3) if the facility is an intermediate or large facility, whether the discharge prevention and response plan specifically addresses the requirements of §19.13(d) and (e); and

(4) whether the discharge prevention and response plan has been implemented, or, if the facility is new, adequate steps have been taken to implement the discharge prevention and response plan.

(f) Additional information. After the on-site audit, the GLO may require an applicant to submit additional information to resolve any issues related to the applicant's discharge prevention and response preparedness. The GLO may also require an applicant to develop and implement additional measures to prevent and respond to unauthorized discharges of oil.

(g) Notification that certification requirements have been met. When the GLO determines the facility has submitted sufficient and accurate information in its application, has made available a discharge and prevention response plan, and has implemented the plan, the GLO will notify the applicant [facility operator] that the certification requirements have been met and confirm the facility classification.

(h) Change at facility. If there is a change at the facility, the GLO must be notified in writing of the change within 15 days so that a determination of whether a new certificate is required can be made. Facility owners or operators must re-apply for certification if the changes result in higher classification within 15 days of notice from the GLO that the facility classification has changed.

(i) Term for certificates. The GLO will issue certificates with a term of five years from the date of issuance. Each certificate will be assigned an identification number. The facility owner or operator will regularly review and amend the facility information on the GLO's Oil Spill Prevention and Response Division [Program] interactive website, as appropriate. The identification number will be sent to the person who signed the application form, with instructions on how to update data on the website.

(j) Review of discharge prevention and response plan and inspection or audit of a facility. After a certificate is issued to a facility, the GLO can require the facility owner or operator to submit to the GLO a complete copy of its discharge prevention and response plan for review.

(1) A review of the plan and an inspection or audit of the facility can be required if the GLO determines that there has been a complaint, a spill, a change in ownership or operation at the facility, or the facility is not compliant with these rules or may not be adequately implementing its plan to prevent and respond to unauthorized discharges of oil.

(2) The GLO can also review a plan and perform on-site inspections or audits to review a facility's implementation of the discharge prevention and response plan as part of the renewal process.

(3) Inspections or audits will be performed annually.

(k) Exemptions. The following facilities that handle oil do not need to apply to the GLO for a discharge prevention and response certificate:

(1) Mobile or portable oil-handling equipment, such as a mobile offshore drilling unit, when it is fixed in place for less than 90 days.

(2) A farm, ranch, or residential property that stores up to and including 1,320 gallons of oil for farming, ranching, or residential purposes.

(3) A facility that stores oil exclusively in underground tanks and does not transfer oil to vessels in the water.

(4) A facility that stores or transfers oil only in containers with a volume of 55 gallons or less.

(l) Effect of certificate on other violations. Issuance of a certificate does not estop the state in an action brought under OSPRA, or any other law, from alleging a violation of any such law, other than failure to have a certificate.

§ 19.13. Requirements for Discharge Prevention and Response Plans.

(a) Applicability. Any person who owns or operates a [waterfront or offshore] facility and must obtain a discharge prevention and response certificate prior to operation.

(b) Implementation of plans. An owner or operator of any facility that requires certification must develop and implement a written discharge prevention and response plan. Before issuing a certificate, the GLO will conduct an on-site review of the plan. The GLO will determine whether the facility's plan contains all the information required by this section and has been fully implemented. Any person who operates a [waterfront or offshore] facility must maintain compliance with the plan requirements.

(c) Required elements of discharge prevention and response plans for all facility classifications. Owners or operators [Operators] of all facilities that require certification must prepare discharge prevention and response plans which meet the requirements of TNRC §40.111 and include the following information:

(1) the owner and operator of the facility;

(2) the person or persons in charge of the facility, as required by §19.16 of this title (relating to Person in Charge), and a current emergency contact phone number that will be answered 24 hours a day;

(3) the name and address (both physical and mailing) of the facility;

(4) a description of the facility, including:

(A) the location of the facility by latitude and longitude;

(B) the facility's primary activity;

(C) the types of oil handled, whether safety data sheets (SDS) have been prepared for them, and the location where the (SDS) are maintained;

(D) the storage capacity of each tank used for storing oil;

(E) the diameter of all lines through which oil is transferred;

(F) the average daily throughput of oil at the facility; and

(G) the dimensions and capacity in barrels of the largest oil-handling vessel which docks at the facility.

(5) for a facility which normally does not have personnel on-site, a commitment to maintain in a prominent location a legible sign or placard, which must state that the GLO and National Response Center are to be notified of an oil spill and give the 24-hour phone numbers for notifying the GLO and National Response Center, and a description and specific location of all signs;

(6) a general description of measures taken by the facility to prevent unauthorized discharges of oil;

(7) a plan to conduct an annual oil spill drill that entails notifying the GLO and National Response Center and maintenance of a log at the facility which documents when the notification drill was conducted and facility personnel who participated in it;

(8) if oil is transferred at the facility, emergency transfer procedures to be implemented if an actual or threatened unauthorized discharge of oil occurs at the facility;

(9) strategic plans to contain and clean up unauthorized discharges of oil from the facility;

(10) a statement that all facility personnel who might be involved in an oil spill response have been informed that detergents or other surfactants are prohibited from being used on an oil spill in the water, and that dispersants can only be used with the approval of the Regional Response Team, the interagency group composed of federal and state agency representatives that coordinates oil spill responses; and

(11) a description of any secondary containment or diversionary structures, equipment, or systems at the facility that operate to prevent discharged oil from reaching coastal waters, including, at minimum:

(A) a description of all secondary containment at the site; and

(B) the methodology for determining that the containment structures or equipment are adequate to prevent oil from reaching coastal waters.

(d) Additional requirements for facilities classified as intermediate. In addition to the requirements in §19.13(c), owners or operators of intermediate facilities must prepare written discharge prevention and response plans which include the following information:

(1) a description of the worst case unauthorized discharge of oil reasonably likely to occur at the facility and the rationale used to determine the worst case unauthorized discharge;

(2) a description and map of environmentally sensitive areas that would be impacted by the worst case unauthorized discharge and plans for protecting these areas if an oil spill occurs at the facility;

(3) a description of the facility's response strategies to contain and clean up the worst case unauthorized discharge;

(4) a description of discharge prevention procedures implemented at the facility, including procedures to prevent discharges from transfers of oil;

(5) a plan to conduct an annual oil spill drill that includes the following elements:

(A) notifying the GLO and National Response Center;

(B) notifying any third parties, such as discharge cleanup organizations, which have agreed to respond to an oil spill and confirming they would be able to respond to an oil spill at the facility on the day of the drill;

(C) if the facility has spill response equipment stored on-site, deployment of a representative portion of the equipment which would be used to respond to the type of discharge most likely to occur at the facility; and

(D) a log documenting when the annual drill was conducted and the facility personnel who participated in it; and

(6) if the owner or operator has entered into any oil spill response or cleanup contracts or basic ordering agreements with a discharge cleanup organization, copies of the contracts or agreements or a narrative description of their terms.

(e) Additional requirements for facilities classified as large. In addition to the requirements in §19.13(c), owners or operators of large facilities must prepare written discharge prevention and response plans which include the following information:

(1) maps showing vehicular access to the facility, pipelines to and from the facility, and nearby residential or other populous areas;

(2) a site plan of the facility showing:

(A) the location of all structures in which oil is stored;

(B) the location of all areas where oil is transferred at the facility; and

(C) drainage and diversion systems at the facility, such as sewers, outfalls, catchment or containment systems or basins, sumps, and all watercourses into which surface runoff from the facility drains (all of which will be shown on the site plan or maps);

(3) a plan to conduct an annual oil spill drill that includes the following elements:

(A) notifying the GLO and National Response Center;

(B) notifying any third parties, such as discharge cleanup organizations, which have agreed to respond to an oil spill and confirming they would be able to respond to an oil spill at the facility on the day of the drill;

(C) if the facility has spill response equipment stored on-site, deployment of a representative portion of the equipment which would be used to respond to the type of discharge most likely to occur at the facility; and

(D) a log documenting when the annual drill was conducted and the facility personnel who participated in it;

(4) a detailed description of the facility's discharge prevention and response capability, including:

(A) leak detection and safety systems to prevent accidental discharges of oil, including a description of equipment and procedures;

(B) schedules, methods, and procedures for testing, maintaining, and inspecting storage tanks, pipelines, and other equipment used for handling oil;

(C) schedules, methods, and procedures for conducting accidental discharge response drills;

(D) whether the facility's oil spill response capability will primarily be based on contracts or agreements with third parties or on the facility's own personnel and equipment;

(E) planned response actions, the chain of command, lines of communication, and procedures for notifying the GLO, emergency response and public safety entities, other agencies, and neighboring facilities in the event of an unauthorized discharge of oil;

(F) oil spill response equipment and supplies located at the facility, their ownership and location, and the time required to deploy them;

(G) if the facility owns and maintains oil spill response equipment, the schedules, methods, and procedures for maintaining the equipment in a state of constant readiness for deployment;

(H) if the owner or operator has entered into any oil spill response or cleanup contracts or basic ordering agreements with a discharge cleanup organization, copies of the contracts or agreements or a narrative description of their terms;

(I) the worst case unauthorized discharge of oil reasonably likely to occur at the facility and the rationale used to determine the worst case unauthorized discharge;

(J) a description and map of environmentally sensitive areas that would be impacted by the worst case unauthorized discharge and plans for protecting these areas if an oil spill occurs at the facility;

(K) a description of response strategies that would be implemented to contain and clean up the worst case unauthorized discharge;

(L) information on the facility's program for training facility personnel on accidental discharge prevention and response;

(M) information on facility personnel who have been specifically designated to respond to an oil spill, including any training they have received and where the training records are maintained;

(N) plans for transferring oil during an emergency; plans for recovering, storing, separating, transporting, and disposing of oily waste materials generated during an oil spill response; and

(O) plans for providing emergency medical treatment, site safety, and security during an oil spill.

§ 19.14. Updating of Information; Renewal and Suspension of Certificates [; Enforcement]

(a) Update of [application] information. Facility owners or operators are required to report any material changes as provided for in §19.12(h). Facility owners or operators must ensure that the information in the interactive website is regularly updated to reflect any changes as provided in §19.12(i). Changes that do not require a re-classification must be reported no later than the anniversary of the date the certificate was issued. Facility owners or operators can update information on file with the GLO in the following ways:

(1) Electronically [Internet]. The GLO has established a link on its website (www.glo.texas.gov) to allow facility owners or operators to review and amend application or certificate information on file with the GLO. Facility owners or operators must establish online security credentials by contacting the appropriate Oil Spill Field Office or by emailing a request to oilspills@glo.texas.gov [can use the identification number, which is issued with the certificate, to access this interactive link]. To minimize the GLO's administrative expense of updating information, the GLO encourages certificate holders to use the GLO website [Internet] to revise facility information on file with the GLO.

(2) Mail. If a facility owner or operator cannot update application or certification information over the GLO website [Internet], updated information can be sent by standard mail or email to the appropriate GLO regional office. Contact information for the regional office covering a particular facility can be obtained by calling the main oil spill division [program] office in Austin at (512) 475-1575 during business hours, [or] by visiting www.glo.texas.gov or by email to oilspills@glo.texas.gov.

(b) Renewing certificates. Owners or operators [Operators] must renew their certificates by their expiration dates. The GLO will not send expiration notices to owners or operators. To renew a certificate, certificate holders must complete and submit to the GLO a new application form. To give the GLO sufficient time to review the application, it must be submitted to the GLO at least 15 days before the expiration date.

(1) All certificates, which will be issued for a period of five years, will specify the date of expiration.

(2) To process the application to renew a certificate, the GLO may conduct a review of the discharge prevention and response plan and perform an on-site audit or inspection of the facility's implementation of the discharge prevention and response plan. The GLO will require the applicant to amend its plan if the GLO determines the plan does not adequately address the elements required by §19.13.

(c) Notification to GLO when facility closes, is sold, or is shut-in. A facility owner or operator is required to notify the GLO when the facility closes, is sold, or when the facility is shut-in and no longer handling oil.

(d) Certificate suspension. Suspension of a certificate requires the facility owner or operator to apply for a new certificate. The GLO may suspend a certificate if the facility owner or operator violates a provision of OSPRA or rules or orders adopted under authority of OSPRA. A certificate may also be suspended if the GLO determines the facility has failed to implement its discharge prevention and response plan or the facility's response to an unauthorized discharge of oil was inadequate. Before suspending a certificate, the GLO will inform the certificate holder in writing that suspension is being considered. The reasons for the proposed suspension will be specified, and the certificate holder will be afforded an opportunity to address the problems. If the GLO ultimately determines the certificate holder has not adequately addressed the facility's problems and suspension of the certificate is appropriate, the facility owner or operator is entitled to request a hearing on the suspension in the same manner provided under Chapter 2 of this title (relating to Rules of Practice and Procedure) for contested case hearings before the GLO.

§ 19.20. Certification of Discharge Cleanup Organizations.

(a) Persons or organizations desiring certification as discharge cleanup organizations must apply to the General Land Office (GLO). Application forms are available from the GLO.

(b) A discharge cleanup organization must be certified by the GLO to be listed by an owner or operator as a source of adequate response equipment and/or personnel in a facility or vessel discharge prevention and response plan.

(c) An owner or operator of the facility or vessel will not be required to comply with this section if its response activities are limited to its own unauthorized discharges or to assistance rendered to others in emergency situations. The requirements of this section apply to those organizations who engage in the business of emergency spill response and cleanup operations.

(d) Discharge cleanup organizations will be categorized as either industry or volunteer.

(1) Industry organizations are those entities capable of containing, abating, removing and disposing of, or arranging for the disposal of oil and waste from an unauthorized discharge. Industry organizations have personnel trained pursuant to 29 Code of Federal Regulations §1910.120 and subsequent revisions and have equipment or access to equipment sufficient to perform response operations pursuant to national and state contingency plans.

(2) Volunteer organizations are those entities whose primary purpose is protecting, rescuing, or rehabilitating wildlife and natural resources injured or damaged by an unauthorized discharge. Volunteer organizations must only be permitted by the Texas Parks and Wildlife Department or have certification from an organization with equivalent standards for the purposes of wildlife rehabilitation and other response activities concerning rescuing of any animal affected by a discharge. A separate GLO certificate is not required of the above-described wildlife and natural resource volunteer organizations. Volunteer organizations are also those entities who assist in other response activities approved by the on-scene coordinator but who do not receive compensation for their efforts.

(e) Industry organizations must be certified by the GLO in order to be listed on a vessel or facility discharge response plan, and in order to be employed by the GLO when it expends fund monies in response to a discharge. Organizations exempt from the certification requirement are those whose primary business activity is vacuum trucks, earth moving, or oil field equipment maintenance. Any other business enterprise which does not represent itself as a spill response entity is not required to be certified under this subsection. Certificates will be issued for a five [three]-year term with annual review. Certificates may be suspended if the discharge cleanup organization fails to maintain adequate response capability. Pursuant to Chapter 21 of this title (relating to Oil Spill Prevention and Response Hearing Procedures) the notice of suspension can be challenged.

(f) Applicants for certification as an industry organization must submit the following information:

(1) the applicant's name and address, its legal form or status, the names and addresses of the persons owning or operating the organization, and its membership if applicable;

(2) the geographic area the applicant will serve;

(3) the equipment and supplies owned by the applicant and available for abatement, containment, and removal of pollution from an unauthorized discharge of oil; if the applicant intends to rely in whole or in part on equipment and supplies owned by a separate entity, then the applicant must submit the name of the owner and the location of the equipment and supplies, and the procedure for accessing such equipment and supplies;

(4) a certified statement of the applicant's general liability insurance coverage, and workmen's compensation and automobile liability insurance coverage;

(5) the number of employees and whether they are employed on a full or part-time basis and the number of employees which the applicant can command in the event of a major spill event; the training of such personnel including whether they have received training pursuant to 29 Code of Federal Regulations §1910.120; the experience and other relevant qualifications of all personnel;

(6) the applicant's standard operating plan for containment, recovery, storage, separation, transportation, disposal or arrangements for disposal or recycling of oil or waste, and minimization of waste generated from an unauthorized discharge;

(7) the applicant's health and safety plan.

(g) In certifying industry organizations, the GLO will consider factors including:

(1) the applicant's size, membership, and quality of response capability (which includes among other things the experience of the applicant's owners, operators, and personnel, the applicant's ability to properly dispose of waste or to arrange for the proper disposal of waste and recycling of materials generated by the discharge, the plan for waste minimization from discharges, the quantity and quality of equipment or supplies owned or available to the applicant, and the proximity of such equipment and supplies to the area the applicant intends to serve); and

(2) the geographic distribution of discharge cleanup organizations in the coastal area for the purpose of insuring sufficient response capability.

(h) Industry organizations must report material changes in response capability to the GLO within 30 days of the change. Material changes in response capability include among other things:

(1) a change in the location or a significant change in the quantity of the organization's response equipment or supplies; or

(2) a change in the organization's ownership or full-time personnel to the extent that such change affects discharge response capability; such change shall be reported within 72 hours.

(i) Volunteer organizations who register with the GLO are considered certified. Registration forms are available from the GLO. The registration must include the organization's size, experience in discharge response, ability to properly dispose of or arrange for the disposal of waste from discharges, the qualifications of persons who will lead or coordinate response activities for the organization, and the quantity and quality of equipment and supplies owned or available to the organization. Volunteer organizations engaged in wildlife rescue or rehabilitation will be certified only if they comply with requirements of the Texas Parks and Wildlife Department's regulations related to such organizations or with equivalent regulations. A volunteer organization shall ensure its actions are consistent with the National Contingency Plan, §300.185 and §300.700. The GLO may suspend a certificate if the organization's response activities are inconsistent with state or federal requirements.

(j) Volunteer discharge cleanup organizations or any discharge cleanup organization that is a not-for-profit entity must appoint a minimum of two ex officio representatives from local governments to its governing body to advise it on discharge response matters. The representatives from local government may be from any level or agency of local government but must be from the geographic area to be served by the organization. The Marine Spill Response Corporation and for-profit entities are exempt from this requirement pursuant to OSPRA, §40.117(b).

(k) Those entities having federal Oil Spill Response Organization classification shall, on proper proof of such classification, be certified by the GLO as a discharge cleanup organization. Proper proof includes, but is not limited to, all information submitted to the United States Coast Guard, National Strike Force Coordination Center.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 4, 2025.

TRD-202502736

Jennifer Jones

Chief Clerk and Deputy Land Commissioner

General Land Office

Earliest possible date of adoption: September 14, 2025

For further information, please call: (512) 475-1859

SUBCHAPTER C. SPILL RESPONSE

The General Land Office (GLO) proposes amendments to Title 31, Part 1, Subchapter C §19.33 and §19.34, relating to the authority of the Oil Spill Prevention and Response Act of 1981, Chapter 40 of the Texas Natural Resources Code (OSPRA) to make non-substantive edits.

BACKGROUND AND ANALYSIS OF THE PROPOSED AMENDMENT TO §19.33

Proposed amendment is editorial in nature and does not change a substantive requirement of the rule. It changes the term "insure" to "ensure" to accurately reflect that state on-scene coordinator must make sure that response activities comply with applicable requirements.

BACKGROUND AND ANALYSIS OF THE PROPOSED AMENDMENT TO §19.34

Proposed amendment deletes §19.34(g), which describes the duties of a responsible party. The purpose of §19.34(g) addressed by the currently existing rules in §19.33(e) which describes response activities.

FISCAL AND EMPLOYMENT IMPACTS

Mr. Jimmy A. Martinez, Deputy Director of GLO's Oil Spill Prevention and Response Division, has determined that for each year of the first five years the amendment as proposed is in effect there will be no fiscal implications for state government as a result of enforcing or administering the amended sections because the changes are non-substantive changes necessary to reflect how the GLO is currently doing business and to clarify existing rules.

No changes in employment will be required for the GLO. There will be no fiscal impact on local governments for each of the first five years because local governments do not have a role in implementation over the proposed changes. To the extent that local governments are regulated under these rules, there may be minimal fiscal impacts associated with the substantive changes, but those changes are not sufficient to result in a material cost to them as a regulated entity.

Mr. Martinez has determined that the proposed amendment will not increase the costs of compliance for small or large business or individuals required to comply with amendment. Current law establishes basic requirements for oil spill prevention and response planning. The amendments acknowledge how the GLO performs business, clarifies the existing requirements, and where there are changes to substantive requirements, the enhanced standards have minimal costs associated with implementation.

The GLO has determined that a local employment impact statement on these proposed regulations is not required because the proposed regulations will not adversely affect any local economy in a material manner for the first five years they will be in effect. The GLO has determined that an economic impact statement and regulatory flexibility analysis on these proposed regulations are not required because the proposed regulations do not have a material adverse economic effect on small business.

PUBLIC BENEFIT

Mr. Martinez has determined that the public will benefit from the amendment because the changes reflect how the GLO is currently doing business and clarify existing rules. Some non-substantive changes that benefit the public include editorial changes to ensure clarity within the rules.

These changes will make procedural aspects clearer for the regulated community and clarify existing requirements so that the regulated community has a better understanding of what is required. Clarity of the rules also enhances the ability of the GLO to implement and enforce these regulations.

This change enhances the enforcement ability of OSPRA and its regulations.

GOVERNMENT GROWTH IMPACT STATEMENT

The GLO prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program, will not require an increase or decrease in future legislative appropriation to the agency, and will not require the creation of new employee positions nor eliminate current employee positions. This rulemaking does not affect the fees paid to the agency. The proposed rulemaking does not create, limit, or repeal existing regulation. The proposed regulation does not increase or decrease the number of individuals' subject to the rule's applicability.

During the first five years that the proposed rule would be in effect, it is not anticipated that there will be an adverse impact on the state's economy. The proposed amendments are expected to improve environmental protection and safety.

CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM

The proposed amended rules concerning procedures for oil spill prevention and response planning and enforcement reflect updates to bring the rules in line with current organizational practices and are not subject to the Coastal Management Program (CMP), 31 TAC §505.11(c), relating to the Actions and Rules subject to the CMP. Therefore, consistency review is not required.

TAKINGS IMPACT ASSESSMENT

The GLO has evaluated the new rules to determine whether Texas Government Code, Chapter 2007 (Private Real Property Rights Preservation Act), is applicable and a detailed takings assessment is required. The GLO has determined that the proposed amendments and new rules do not affect private real property in a manner that requires real property owners to be compensated as provided by the Fifth and Fourteenth Amendments by the United States Constitution or Article I, Sections 17 and 19 of the Texas Constitution. Therefore, a detailed takings assessment is not required.

MAJOR ENVIRONMENTAL RULE ANALYSIS

The GLO has evaluated the proposed rulemaking action in light of the regulatory analysis requirements of Texas Government Code §2001.0225 and determined that the action is not subject to §2001.0225 because it does not exceed express requirements of state law and does not meet the definition of a "major environmental rule" as defined in the statute. "Major environmental rule" means a rule of which the specific Intent is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect the economy, a sector of the economy, productivity, competition, jobs, the environment, or public health and safety of the state or a sector of the state. The proposed amendment is not anticipated to adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state because the proposed rulemaking implements legislative requirements in Texas Natural Resources Code, §§40.109 - 40.113 and 40.251 - 40.254. The Texas Natural Resources Code provides the GLO with the authority to adopt requirements for discharge prevention and response capabilities, equipment, methods and reporting, plan criteria and penalties, hearings, and orders.

PUBLIC COMMENT REQUEST

To comment on the proposed rulemaking, please send a written comment to Mr. Walter Talley, Texas Register Liaison, Texas General Land Office, P.O. Box 12873, Austin, Texas 78711, facsimile number (512) 463-6311 or email to walter.talley@glo.texas.gov. Written comments must be received no later than 5:00 p.m., thirty (30) days from the date of publication of this proposal.

STATUTORY AUTHORITY

The amendments are proposed under OSPRA, Texas Natural Resources Code, §40.007(a), which give the Commissioner of the GLO the authority to promulgate rules necessary and convenient to the administration of OSPRA, and §40.117(a)(1)-(a)(4) & a(11), which provides the GLO with the authority to adopt requirements for discharge prevention and response capabilities, equipment, methods, and reporting, criteria for spill response planning and penalties, hearings, and orders.

Texas Natural Resources Code §§40.109 - 40.117 and 40.251 - 40.258 are affected and implemented by the proposed amendment to the rule.

§ 19.33. Response.

(a) When the General Land Office (GLO) receives notice of an actual or threatened unauthorized discharge of oil into Texas coastal waters, the GLO will determine whether state response action is required. If state response action is required, the GLO will assess the discharge and determine whether further response actions should be initiated or required. If assessments of the discharge indicate it involves predominantly a hazardous substance, the GLO shall coordinate all response actions until the Texas Commission on Environmental Quality can assume responsibility over hazardous substance discharge response operations. A substance is predominantly a hazardous substance when analytical testing of a representative sample indicates the presence of more than 50% of a substance that is not oil as defined by OSPRA, and that is a hazardous substance as defined by the Texas Commission on Environmental Quality or its successor agency. Pending results of analytical tests of the substance, the determination of its predominant characteristics shall be made by investigating the source of the discharge, its physical properties, and its behavior in the environment. The GLO will notify the trustees of the actual or threatened unauthorized discharge.

(b) In response to any actual or threatened unauthorized discharge, the commissioner may designate a state on-scene coordinator to act on the commissioner's behalf at the site of the actual or threatened discharge. It is the duty of the state on-scene coordinator, in cooperation with the federal on-scene coordinator, to assess in detail all aspects of the actual or threatened unauthorized discharge, evaluate and direct the responsible person's response activities, initiate and direct other response activities, carry out orders of the commissioner, and report at regular intervals to the commissioner. The state on-scene coordinator has an ongoing duty to evaluate, assess, and direct all response activities in order to ensure [insure] compliance with applicable contingency plans, discharge response plans, and to ensure public health and safety, and to minimize to the greatest extent possible property damage and damages to natural resources.

(c) The GLO will coordinate its response with the federal on-scene coordinator and will contact other state agencies who have jurisdiction over the unauthorized discharge.

(d) Based on the assessment of the state on-scene coordinator, the GLO will determine whether and where to establish an on-scene command post. The state on-scene command post will serve as the single point of communication and coordination for state oversight and coordination of response actions. The post will be staffed until response operations are declared complete.

(e) The GLO will utilize the Incident Command System for all spills where a state on-scene coordinator is appointed by the commissioner.

§19.34. Duties of Responsible Person.

(a) In the event of an actual or threatened unauthorized discharge of oil into Texas coastal waters, it is the duty of the responsible person to immediately initiate response action, or to ensure that the person in charge will initiate response action. The responsible person is the owner or operator of a vessel or facility from which an unauthorized discharge of oil emanates or threatens to emanate. The person in charge is the person at the vessel or facility who is empowered by the responsible person to initiate response actions and to perform all actions necessary to prevent, abate, contain, and remove all pollution. The responsible person or the person in charge must inform the General Land Office (GLO) of the person's strategy for responding to the unauthorized discharge, including whether the facility's or vessel's discharge prevention and response plan will be adequate for abating, containing, and removing pollution or whether it appears that an adequate response to the discharge will require deviation from the plan. The response strategy and proposed deviations from the plan must be reported to the on-scene coordinator on a regular basis throughout response operations.

(b) The GLO may determine that the responsible person is unknown or appears unwilling or unable to respond adequately to the discharge, including reasonably foreseeable worst case scenarios of the discharge. The commissioner may delegate this determination to the state on-scene coordinator. In the event of such a determination the state on-scene coordinator may order the responsible person to take certain response actions. The state on-scene coordinator may also initiate response action by the state, either in addition to or in lieu of further response actions by the responsible person. As soon as possible after a determination of inadequate response, the state on-scene coordinator will notify the responsible person or the person acting for the responsible person of the inadequacy of response and inform the person of the intended corrective action. A determination that a responsible person appears unwilling or unable to respond adequately will be made by evaluating the resources committed to the response, the degree of cooperation with directions of the on-scene coordinator, the ability to commit further resources, and adherence to response and contingency plans.

(c) The responsible person or anyone acting on behalf of the responsible person must notify the state on-scene coordinator if the person intends not to comply with, or has not complied with, state response orders or actions. The GLO may determine the person has unreasonably failed to comply with state response actions if noncompliance is for any reason other than an objective and reasonable belief that compliance unavoidably conflicts with federal requirements or poses an unjustifiable risk to public safety or natural resources. Any failure to comply may be grounds for a determination of inadequate response under subsection (b) of this section.

(d) The responsible person must orally state the reasons for noncompliance with an order of the state on-scene coordinator and must give written justification for the refusal within 48 hours as required by OSPRA, §40.106.

(e) The responsible person is required to provide an emergency response plan consistent with 29 Code of Federal Regulations §1910.120 for the health and safety of spill response personnel at the spill response scene. In order to comply with the National Contingency Plan, responsible persons must ensure that contractors and others under their employ have an emergency response plan program for the health and safety of personnel responding during the spill response. Failure to provide an emergency response plan for the health and safety of responders will be considered a failure to adequately respond to a spill event.

(f) The responsible person is required to respond and operate in a manner consistent with the National Contingency Plan and any applicable area or local contingency plan.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 4, 2025.

TRD-202502737

Jennifer Jones

Chief Clerk and Deputy Land Commissioner

General Land Office

Earliest possible date of adoption: September 14, 2025

For further information, please call: (512) 475-1859

SUBCHAPTER D. COMPENSATION AND LIABILITY

The General Land Office (GLO) proposes amendments to Title 31, Part 1, Subchapter D §§19.51, 19.53, and 19.55, relating to the authority of the Oil Spill Prevention and Response Act of 1981, Chapter 40 of the Texas Natural Resources Code (OSPRA) to clarify requirements for reimbursement from the coastal protection fund and to make non-substantive edits.

BACKGROUND AND ANALYSIS OF THE PROPOSED AMENDMENT TO §19.51

Proposed amendment clarifies that the GLO relies upon the appropriation of funds by the Texas Legislature to provide reimbursements of this nature. Staff feels it is necessary to provide clarity to ensure that applicants under this provision understand that funds may not be available, or reimbursement may be delayed until the legislature appropriates monies from the fund that are necessary to provide reimbursement.

Proposed amendment also adds a requirement for obtaining reimbursements from the coastal protection fund. Reimbursement will not be available to a state agency unless the agency has obtained prior written approval from the GLO's "State On Scene Coordinator."

BACKGROUND AND ANALYSIS OF THE PROPOSED AMENDMENT TO §19.53(a)

Similar to amendments to §19.51, the proposed amendment provides editorial clarification to ensure clarity about the GLO's ability to reimburse funds through claims reimbursement procedures, which depends upon a sufficient legislative appropriation from the coastal protection fund.

BACKGROUND AND ANALYSIS OF THE PROPOSED AMENDMENT TO §19.55(a)-(b)

Proposed amendment implements non-substantive editorial changes to ensure consistency with references made throughout the rules. The removal of the phrase "coastal protection" from "coastal protection fund" ensures greater consistency and throughout the rules and relies upon the definition of the term in §19.2(6).

FISCAL AND EMPLOYMENT IMPACTS

Mr. Jimmy A. Martinez, Deputy Director of GLO's Oil Spill Prevention and Response Division, has determined that for each year of the first five years the amendments as proposed are in effect there will be no fiscal implications for state government as a result of enforcing or administering the amended sections because the majority of the changes are non-substantive changes necessary to reflect how the GLO is currently doing business and to clarify existing rules.

No changes in employment will be required for the GLO. There will be no fiscal impact on local governments for each of the first five years because local governments do not have a role in implementation over the proposed changes. To the extent that local governments are regulated under these rules, there may be minimal fiscal impacts associated with the substantive changes, but those changes are not sufficient to result in a material cost to them as a regulated entity.

Mr. Martinez has determined that the proposed amendments will not increase the costs of compliance for small or large business or individuals required to comply with amendments. Current law establishes basic requirements for oil spill prevention and response planning. The amendments acknowledge how the GLO performs business, clarifies the existing requirements, and where there are changes to substantive requirements, the enhanced standards have minimal costs associated with implementation.

The GLO has determined that a local employment impact statement on these proposed regulations is not required because the proposed regulations will not adversely affect any local economy in a material manner for the first five years they will be in effect. The GLO has determined that an economic impact statement and regulatory flexibility analysis on these proposed regulations are not required because the proposed regulations do not have a material adverse economic effect on small business.

PUBLIC BENEFIT

Mr. Martinez has determined that the public will benefit from the amendments because the changes reflect how the GLO is currently doing business and clarify existing rules. Some non-substantive changes that benefit the public include those to reflect current organizational procedures and make non-substantive edits. These changes will make procedural aspects clearer for the regulated community and clarify existing requirements so that the regulated community has a better understanding of what is required. Clarity of the rules also enhances the ability of the GLO to implement and enforce these regulations.

This change enhances the enforcement ability of OSPRA and its regulations.

GOVERNMENT GROWTH IMPACT STATEMENT

The GLO prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program, will not require an increase or decrease in future legislative appropriation to the agency, and will not require the creation of new employee positions nor eliminate current employee positions. This rulemaking does not affect the fees paid to the agency. The proposed rulemaking does not create, limit, or repeal existing regulation. The proposed regulation does not increase or decrease the number of individuals' subject to the rule's applicability.

During the first five years that the proposed rule would be in effect, it is not anticipated that there will be an adverse impact on the state's economy. The proposed amendments are expected to improve environmental protection and safety.

CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM

The proposed amended rules concerning procedures for oil spill prevention and response planning and enforcement reflect and are not subject to the Coastal Management Program (CMP), 31 TAC §505.11(c), relating to the Actions and Rules subject to the CMP. Therefore, consistency review is not required.

TAKINGS IMPACT ASSESSMENT

The GLO has evaluated the new rules to determine whether Texas Government Code, Chapter 2007 (Private Real Property Rights Preservation Act), is applicable and a detailed takings assessment is required. The GLO has determined that the proposed amendments and new rules do not affect private real property in a manner that requires real property owners to be compensated as provided by the Fifth and Fourteenth Amendments by the United States Constitution or Article I, Sections 17 and 19 of the Texas Constitution. Therefore, a detailed takings assessment is not required.

MAJOR ENVIRONMENTAL RULE ANALYSIS

The GLO has evaluated the proposed rulemaking action in light of the regulatory analysis requirements of Texas Government Code §2001.0225 and determined that the action is not subject to §2001.0225 because it does not exceed express requirements of state law and does not meet the definition of a "major environmental rule" as defined in the statute. "Major environmental rule" means a rule of which the specific Intent is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect the economy, a sector of the economy, productivity, competition, jobs, the environment, or public health and safety of the state or a sector of the state. The proposed amendments are not anticipated to adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state because the proposed rulemaking implements legislative requirements in Texas Natural Resources Code, §§40.109 - 40.113 and 40.251 - 40.254. The Texas Natural Resources Code provides the GLO with the authority to adopt requirements for discharge prevention and response capabilities, equipment, methods and reporting, plan criteria and penalties, hearings, and orders.

PUBLIC COMMENT REQUEST

To comment on the proposed rulemaking, please send a written comment to Mr. Walter Talley, Texas Register Liaison, Texas General Land Office, P.O. Box 12873, Austin, Texas 78711, facsimile number (512) 463-6311 or email to walter.talley@glo.texas.gov. Written comments must be received no later than 5:00 p.m., thirty (30) days from the date of publication of this proposal.

STATUTORY AUTHORITY

The amendments are proposed under OSPRA, Texas Natural Resources Code, §40.007(a), which give the Commissioner of the GLO the authority to promulgate rules necessary and convenient to the administration of OSPRA, and §40.157(c), which provides the GLO with the authority to adopt requirements for discharge prevention and response capabilities, equipment, methods, and reporting, criteria for spill response planning and penalties, hearings, and orders.

Texas Natural Resources Code §§40.109 - 40.117 and 40.251 - 40.258 are affected and implemented by the proposed amendment to the rule.

§ 19.51. State Agency Reporting and Reimbursement Procedures.

As funds are appropriated, the GLO may reimburse a state agency from the fund for its response costs. To be eligible for reimbursement a state agency must obtain prior written approval for the expense(s) from the State On Scene Coordinator. To request [receive] reimbursement from the fund for costs incurred in responding to an unauthorized discharge, a state agency must, within 90 days of the General Land Office's (GLO) declaration of the completion of response actions, submit to the GLO a report of its response activities and an itemization of the response costs it incurred. The GLO will approve reimbursement from the fund for costs of response actions it authorized or for any other reasonable and necessary response costs consistent with state response actions. The GLO may require additional information to support a response costs reimbursement claim under this section.

§19.53. Claims Procedures.

(a) OSPRA established the fund to provide immediately available compensation for response costs incurred and damages suffered as a result of an unauthorized discharge. The intent of this section is to avoid economic displacement and to simplify resolution of liability issues by creating procedures conducive to settlement and adjustment of claims in as orderly, efficient, and timely a manner as possible. "Reasonably responded" for the purposes of this section means that the receipt of the claim has been acknowledged, that claimant has been advised of the need for any further documentation to complete claims processing, and that the claimant has been advised in writing whether or not the responsible person will make an offer of settlement on any part or all of the claim and the date by which such offer will be made. As funds are appropriated, the GLO may reimburse damages or response costs from the fund as provided for in this subsection.

(b) If there is a designated responsible person, all claims must be presented to the designated responsible person first.

(1) If the claim is for $50,000 or less and is not reasonably responded to within 30 days of presentation to the designated responsible person, the claimant may present the claim to the General Land Office (GLO).

(2) If the claim is for over $50,000 and is not reasonably responded to within 90 days of presentation to the designated responsible person, the claimant must present the claim to the federal fund prior to the presentation to the GLO. If a claim presented to the federal fund is not settled within 60 days of presentation, the claimant may then present it to the GLO.

(c) If there is no designated responsible person, either because the identity of the person responsible for the unauthorized discharge is unknown or a proposed designation is challenged, claims of $50,000 or less may be presented to the GLO first. Claims over $50,000 must be presented to the federal fund first. Any such claim not reasonably responded to within 60 days may then be presented to the GLO.

(d) A claim is presented when the GLO actually receives it. Claimants must present claims to the GLO within 180 days from the date the claim is first eligible to be filed with the GLO. When necessary to meet this deadline, the claimant may present the claim even though it is under consideration by the responsible person or the federal fund. The GLO may extend the 180-day period if the claimant cannot present it within that time for reasons beyond the claimant's control.

(e) Claims must be in writing, must be signed and verified by the claimant or the claimant's agent or legal representative, and must include the following information:

(1) whether it is for damages or response costs or both;

(2) the cause, nature, and dollar amount of the claim;

(3) whether the claim is covered by insurance or other benefits for which the claimant is eligible;

(4) the amount and nature of any compensation or earnings the claimant received as a consequence of the unauthorized discharge; and

(5) an oath or affirmation that the same claim is not being pursued through any other claim, suit, settlement, or proceeding.

(f) The GLO may prescribe appropriate claim forms. Claimants must present claims to the GLO accompanied by evidence supporting the claim and proof that all prerequisites to filing a claim with the GLO have been satisfied, including a copy or summary of any offer of settlement or payment by the responsible person or the federal fund. Claimant must provide the GLO with a copy of the claim previously submitted to the designated responsible person. The GLO may require additional information or evidence to support a claim.

(g) The GLO shall review the evidence and any settlement offer and may require or consider additional evidence or proof from the claimant or from the designated responsible person.

(h) The GLO may, in its discretion, treat separately each class of damages or costs set out in a claim. The GLO may make partial awards of damages or costs set out in the claim based on separate classes of damages or costs or for other good cause.

(i) If the GLO determines that the settlement offer was reasonable, and the claimant did not make reasonable effort to settle, or that the evidence submitted is insufficient to support the claim, the GLO will deny the claim. The GLO will inform the claimant and the designated responsible person of denial in writing. After denial, if a claimant attempts reasonable efforts to settle and the person responsible or the federal fund does not tender a reasonable settlement offer, the GLO may allow the claim to be reinstated.

(j) If the GLO determines a settlement offer is not reasonable, or if a settlement offer is not a prerequisite to the claim, the GLO will propose an award amount. The GLO will notify the claimant and the responsible person of the proposal in writing.

(k) The GLO will hold a hearing on the proposed award if either the claimant or the designated responsible person files a written request for a hearing within 20 days of issuance of the proposal.

(l) If no hearing is requested within 20 days, or after the hearing if one is requested, the GLO will either notify the claimant and the designated responsible person of denial or tender the award to the claimant and notify the designated responsible person of the award amount. The claimant may reject the tender by returning it to the GLO within ten days of receipt.

(m) Acceptance of an award is final settlement as to the claimant and constitutes a full release as to the claimant. If the tender is refused or not accepted within 10 days, the claimant is ineligible for compensation from the fund for the claim.

(n) Compensation may be claimed and awarded for costs necessarily incurred for claims preparation and presentation.

(o) The GLO will not consider any claim filed by a claimant who is pursuing substantially the same claim through litigation.

§19.55. Response Costs.

(a) The General Land Office (GLO) is required to recover expenditures from the [coastal protection] fund pursuant to OSPRA, §40.153 and §40.161(a), and therefore the GLO will assess response costs as delineated in this subsection.

(b) Whenever the GLO is unable to identify the person responsible for an unauthorized discharge of oil into or posing an imminent threat to coastal waters, the GLO will respond to the unauthorized discharge by initiating cleanup and other necessary response actions. Upon identification of the responsible person, the GLO will seek reimbursement for all monies expended from the [coastal protection] fund including, but not limited to, the following:

(1) actual costs of engaging a contractor to conduct cleanup;

(2) actual expenses of GLO personnel including time, transportation, lodging, and overhead;

(3) administrative and investigative expenses incurred in identifying the responsible person, including, but not limited to:

(A) sampling and analysis of the discharged oil and comparison samples; and

(B) field investigative costs; and

(C) accounting and legal costs.

(c) Whenever GLO personnel respond to the scene of an unauthorized discharge of oil that actually enters or poses an imminent threat to coastal waters, the following response costs shall be assessed against the responsible person:

(1) actual expenses of GLO personnel including time, transportation, lodging, and overhead; and all administrative costs of preparing the assessment; or

(2) a minimum response cost of $250.

(d) The GLO will assess response costs when:

(1) oil enters coastal waters;

(2) oil does not enter coastal waters but poses an imminent threat to coastal waters and a response is required to prevent the oil from entering coastal waters.

(e) The GLO will not assess response costs when:

(1) oil enters coastal waters but GLO personnel do not spend more than two hours, excluding travel time, at the scene of the spill;

(2) oil is spilled but does not enter or pose an imminent threat to coastal waters.

(f) The minimum response cost of $250 will be billed whenever GLO personnel are required to monitor prevention or response activities and the time spent at the spill scene, excluding travel time, is more than two hours and less than eight hours. In the event that eight or more hours of GLO response personnel time is required at the scene of the spill, the responsible party will be assessed the actual costs of response incurred by the GLO. Response costs will not be assessed where either the Railroad Commission of Texas or the Texas Commission on Environmental Quality is the state on-scene coordinator, unless requested by the Railroad Commission of Texas or the Texas Commission on Environmental Quality and approved by the commissioner.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 4, 2025.

TRD-202502739

Jennifer Jones

Chief Clerk and Deputy Land Commissioner

General Land Office

Earliest possible date of adoption: September 14, 2025

For further information, please call: (512) 475-1859

SUBCHAPTER E. VESSELS

The General Land Office (GLO) proposes amendments to Title 31, Part 1, Subchapter E §19.60 and §19.61, relating to the authority of the Oil Spill Prevention and Response Act of 1981, Chapter 40 of the Texas Natural Resources Code (OSPRA) to reflect current organizational procedures and make non-substantive edits.

BACKGROUND AND ANALYSIS OF THE PROPOSED AMENDMENT TO §19.60(c)(2)

Proposed amendment modifies language to reflect current organizational structures and operations and makes non-substantive edits to ensure consistency and readability throughout the rules. The proposed amendment specifically modifies the description to reflect the appropriate divisions within the GLO and removes references to faxes which are not currently employed by the GLO in the fashion outlined within this provision.

BACKGROUND AND ANALYSIS OF THE PROPOSED AMENDMENT TO §19.61(a) - (b)

Proposed amendment deletes language related to providing information to the GLO and makes non-substantive editorial changes to reflect current organizational operations, ensure it is sufficiently clear what is required in a vessel response plan and which parties are required to submit information under a plan, how this information may be updated, and notes that information about contacting the regional office can be obtained by calling the GLO during business hours. The submittal of information section in subsection (b) has been deleted and replaced with language substantial similar to the modified language in §19.14(a)(1) and (a)(2) which updates the requirements for submitting information to the GLO.

FISCAL AND EMPLOYMENT IMPACTS

Mr. Jimmy A. Martinez, Deputy Director of GLO's Oil Spill Prevention and Response Division, has determined that for each year of the first five years the amendments as proposed are in effect there will be no fiscal implications for state government as a result of enforcing or administering the amended sections because the majority of the changes are non-substantive changes necessary to reflect how the GLO is currently doing business and to clarify existing rules.

No changes in employment will be required for the GLO. There will be no fiscal impact on local governments for each of the first five years because local governments do not have a role in implementation over the proposed changes. To the extent that local governments are regulated under these rules, there may be minimal fiscal impacts associated with the substantive changes, but those changes are not sufficient to result in a material cost to them as a regulated entity.

Mr. Martinez has determined that the proposed amendments will not increase the costs of compliance for small or large business or individuals required to comply with amendments. Current law establishes basic requirements for oil spill prevention and response planning. The amendments acknowledge how the GLO performs business, clarifies the existing requirements, and where there are changes to substantive requirements, the enhanced standards have minimal costs associated with implementation.

The GLO has determined that a local employment impact statement on these proposed regulations is not required because the proposed regulations will not adversely affect any local economy in a material manner for the first five years they will be in effect. The GLO has determined that an economic impact statement and regulatory flexibility analysis on these proposed regulations are not required because the proposed regulations do not have a material adverse economic effect on small business.

PUBLIC BENEFIT

Mr. Martinez has determined that the public will benefit from the amendments because the changes reflect how the GLO is currently doing business and clarify existing rules. Some non-substantive changes that benefit the public include those to reflect current organizational procedures and make non-substantive edits. These changes will make procedural aspects clearer for the regulated community and clarify existing requirements so that the regulated community has a better understanding of what is required. Clarity of the rules also enhances the ability of the GLO to implement and enforce these regulations.

This change enhances the enforcement ability of OSPRA and its regulations.

GOVERNMENT GROWTH IMPACT STATEMENT

The GLO prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program, will not require an increase or decrease in future legislative appropriation to the agency, and will not require the creation of new employee positions nor eliminate current employee positions. This rulemaking does not affect the fees paid to the agency. The proposed rulemaking does not create, limit, or repeal existing regulation. The proposed regulation does not increase or decrease the number of individuals' subject to the rule's applicability.

During the first five years that the proposed rule would be in effect, it is not anticipated that there will be an adverse impact on the state's economy. The proposed amendments are expected to improve environmental protection and safety.

CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM

The proposed amended rules concerning procedures for oil spill prevention and response planning and enforcement reflect updates to bring the rules in line with current organizational practices and are not subject to the Coastal Management Program (CMP), 31 TAC §505.11(c), relating to the Actions and Rules subject to the CMP. Therefore, consistency review is not required.

TAKINGS IMPACT ASSESSMENT

The GLO has evaluated the new rules to determine whether Texas Government Code, Chapter 2007 (Private Real Property Rights Preservation Act), is applicable and a detailed takings assessment is required. The GLO has determined that the proposed amendments and new rules do not affect private real property in a manner that requires real property owners to be compensated as provided by the Fifth and Fourteenth Amendments by the United States Constitution or Article I, Sections 17 and 19 of the Texas Constitution. Therefore, a detailed takings assessment is not required.

MAJOR ENVIRONMENTAL RULE ANALYSIS

The GLO has evaluated the proposed rulemaking action in light of the regulatory analysis requirements of Texas Government Code §2001.0225 and determined that the action is not subject to §2001.0225 because it does not exceed express requirements of state law and does not meet the definition of a "major environmental rule" as defined in the statute. "Major environmental rule" means a rule of which the specific Intent is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect the economy, a sector of the economy, productivity, competition, jobs, the environment, or public health and safety of the state or a sector of the state. The proposed amendments are not anticipated to adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state because the proposed rulemaking implements legislative requirements in Texas Natural Resources Code, §§40.117 a(11)09 - 40.113. The Texas Natural Resources Code provides the GLO with the authority to adopt requirements for discharge prevention and response capabilities, equipment, methods and reporting, plan criteria and penalties, hearings, and orders.

PUBLIC COMMENT REQUEST

To comment on the proposed rulemaking, please send a written comment to Mr. Walter Talley, Texas Register Liaison, Texas General Land Office, P.O. Box 12873, Austin, Texas 78711, facsimile number (512) 463-6311 or email to walter.talley@glo.texas.gov. Written comments must be received no later than 5:00 p.m., thirty (30) days from the date of publication of this proposal.

STATUTORY AUTHORITY

The amendments are proposed under OSPRA, Texas Natural Resources Code, §40.007(a), which give the Commissioner of the GLO the authority to promulgate rules necessary and convenient to the administration of OSPRA, and §40.117(a)(1)-(a)(4),which provides the GLO with the authority to adopt requirements for discharge prevention and response capabilities, equipment, methods, and reporting, criteria for spill response planning and penalties, hearings, and orders.

Texas Natural Resources Code §§40.109 - 40.117 and 40.251 - 40.258 are affected and implemented by the proposed amendment to the rule.

§19.60. Applicability, Definitions, Exemptions.

(a) Applicability. This subchapter applies to any vessel that operates in the coastal waters of the state of Texas and has a total fuel, lube and cargo tank capacity equal to or exceeding 10,000 U.S. gallons.

(b) Definitions. The following words, terms and phrases, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. All other terms are defined in §19.2 of this title (relating to Definitions).

(1) MARPOL 73/78--The International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978, as amended.

(2) Annex I of MARPOL--Regulations for the Prevention of Pollution by Oil.

(3) Oil Tanker--A vessel constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes combination carriers and any "chemical tanker" as defined in Annex II of MARPOL 73/78 when it is carrying a cargo or part cargo of oil in bulk.

(4) Regulation 26 of Annex I of MARPOL--The regulation adopted in July of 1991 by the Marine Environment Protection Committee of the International Maritime Organization (IMO), requiring every oil tanker of 150 gross tons and above and every other vessel of 400 gross tons and above to carry on board a shipboard oil pollution emergency plan approved by its flag state, or authorized organization.

(5) Vessel--Every description of watercraft or other contrivance used or capable of being used as a means of transportation on water, whether self-propelled or otherwise, including barges.

(6) Authorized Person--The person who is responsible for and in control of all oil spill response operations on behalf of the vessel.

(7) Official Number--The unique number assigned to a vessel for purposes of identification, e.g., the Texas State Registration Number, IMO Number, OPA Plan Number, etc.

(8) Preparedness Manager--As required by MARPOL 73/78, the person responsible for ensuring that personnel aboard an international vessel are properly trained in mitigating and controlling an unauthorized discharge of oil.

(9) Qualified Individual--The person authorized by the owner or operator of a vessel to conduct and assume responsibility for all emergency response operations for the vessel.

(c) Exemptions

(1) The GLO may grant an exemption from compliance with any requirement in this subchapter if special circumstances such as those listed below are identified by a vessel owner or operator and a request for exemption is submitted to the GLO as soon as possible before the effective period of the exemption being requested. Requests for exemptions will be considered by the GLO for the following situations, which are not meant to be exclusive of other situations where an exemption may be appropriate.

(A) A vessel with only residual cargo or fuel on board being towed for repair, salvage, or demolition.

(B) Vessels involved in unplanned emergency response or rescue activities.

(C) Vessels involved in an emergency caused by operational malfunctions or the violence of nature.

(2) A request for exemption must be made in writing and can be [submitted in the following ways]:

(A) Mailed to: Texas General Land Office, Oil Spill Prevention and Response Division [Program], P.O. Box 12873, Austin, Texas 78711-2873 or [. The written request can also be sent by facsimile to the GLO's Oil Spill Prevention and Response Program at (512) 475-1560.]

(B) [(C)] Emailed [Via e-mail] to oilspills@glo.texas.gov.

(3) All written requests for an exemption must include the following information:

(A) the vessel's name;

(B) the vessel's qualified individual or person in charge;

(C) whether a vessel-specific and approved oil spill prevention and response plan is aboard the vessel;

(D) the specific requirement for which an exemption is being sought;

(E) a summary statement on why the exemption is being sought; and

(F) the expected duration of the situation for which an exemption is sought.

(4) The GLO will respond to requests for exemption as soon as possible. The vessel's owner or operator is responsible for obtaining the exemption before entering Texas coastal waters. If the exemption is denied, the GLO will provide its reasoning for denial.

§19.61. Vessel Response Plans.

(a) Vessel Response Plan Requirements.

(1) Owners and operators of vessels subject to this subchapter are required to prepare and maintain written, vessel-specific discharge prevention and response plans. A tank or nontank vessel response plan approved by the U.S. Coast Guard satisfies the requirements of this section. A current copy of the plan must be maintained aboard each vessel. Owners and operators of unmanned vessels can satisfy the requirements of this section by maintaining the plan at a primary business location and maintaining the information in subparagraph (G) of this paragraph aboard the unmanned vessel. The vessel-specific discharge prevention and response plan shall include, at a minimum, the following information:

(A) How to contact the owner and operator, including physical and mailing addresses, and a telephone number that is answered 24 hours a day [, and a 24-hour fax number]. This information must also be provided for agents of the owner or operator who should be contacted initially instead of the owner or operator.

(B) The names and contact information for the [The] person(s)-in-charge, qualified individual(s), or authorized person(s).

(C) Procedures for vessel personnel to make required reports to immediately notify regulatory agencies of unauthorized discharges or threatened discharges of oil.

(D) The total vessel capacity for fuel and oil.

(E) The vessel's official number.

(F) If applicable, a copy of the Coast Guard Vessel Response Plan approval letter.

(G) Spill prevention and response procedures, including:

(i) shutting down operations;

(ii) securing the source of the spill;

(iii) assessing the spill situation and evaluating for safety hazards to vessel personnel;

(iv) immediate actions for reducing the potential for future spillage;

(v) assessing the condition of the vessel and taking action to prevent further vessel damage;

(vi) notifying the GLO at 1-800-832-8224 as well as other regulatory agencies, local officials, and private property owners impacted by an unauthorized discharge; and

(vii) anticipated actions for abating, containing, and cleaning up an unauthorized discharge of oil.

(2) Owners and operators of unmanned vessels subject to this subchapter shall maintain the following information aboard each unmanned vessel:

(A) How to contact the owner and operator, including physical and mailing addresses, a telephone number that is answered 24 hours a day[ , and a 24-hour fax number ]. This information must also be provided for agents of the owner or operator who should be contacted initially instead of the owner or operator.

(B) Qualified individual(s), authorized person(s), or preparedness manager(s).

(C) A checklist for notification of appropriate regulatory agencies in the event of an unauthorized or threatened unauthorized discharge and pertinent information and procedures for response personnel to abate and respond to an actual spill.

(D) The total vessel capacity for fuel and oil.

(b) Submission of Information to the GLO.

(1) Applicability. This section, which requires the submittal of limited information to the GLO, applies to owners and operators of any tank or nontank vessel over 400 gross tons required to maintain a federally approved response plan aboard the vessel.

(2) Owners, [or] operators or authorized persons of vessels to which this subsection applies must submit the following information to the GLO:

(A) the name of the owner and operator;

(B) the address of the owner and operator;

(C) the electronic mail (email) address, if applicable;

(D) the phone [and facsimile] number of the owner and operator;

(E) the qualified individual(s) or authorized person(s) for each vessel to be covered, and information on how these people can be contacted 24 hours a day;

(F) the names and official numbers of vessels subject to this section;

(G) the gross tonnage of all vessels subject to this section; and

(H) the total capacity for fuel and oil of each vessel subject to this section.

(3) Completion and Update [Submittal] of information. A vessel owner, operator or authorized person(s) can update information on file with the GLO in the following ways: [The GLO has established a link on the GLO website (http://www.glo.texas.gov) for submittal of the information required in this section. An account login must be requested to initiate this process. To request this account be established contact the Director of Maritime Affairs by:]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 4, 2025.

TRD-202502740

Jennifer Jones

Chief Clerk and Deputy Land Commissioner

General Land Office

Earliest possible date of adoption: September 14, 2025

For further information, please call: (512) 475-1859

PART 4. SCHOOL LAND BOARD

CHAPTER 151. OPERATIONS OF THE SCHOOL LAND BOARD

The School Land Board (Board) proposes amendments to Texas Administrative Code (TAC), Title 31, Part 4, Chapter 151, §151.1, relating to School Land Board Meeting Administration. The Board is proposing the amendments to §151.1 to 1.) update terminology, 2.) clarify how the public interacts with the Board during its meetings, 3.) accurately reflect current Board practices and 4.) delete unnecessary information.

During a review of its Chapter 151 rules, under §2001.039 of the Texas Government Code, the Board identified the need for these proposed amendments. At its June 3, 2025 meeting, the Board unanimously approved the readoption of Chapter 151, with amendments.

BACKGROUND AND ANALYSIS OF THE PROPOSED AMENDMENTS TO §151.1

The amendments to §151.1(a) and (b) update terminology and add clarifying language.

The amendments to §151.1(c) affirm the Board policy of encouraging public participation at its meetings. The amendments more clearly state that the public may address the Board during a meeting, on matters within Board authority, at the physical location of the meeting, during the public comment period. Members of the public will be required to identify themselves when speaking.

Section 151.1(d) - (h) and (j) have been deleted as outdated or unnecessary.

Section 151.1(i) is amended to change its designation to §151.1(d) and delete text duplicative of what is already provided by statute.

FISCAL AND EMPLOYMENT IMPACTS

Jeff Gordon, General Counsel, Texas General Land Office (GLO), has determined that for each year of the first five years the proposed amended rules are in effect, there will be no fiscal implications for the state government, local governments or local economies as a result of enforcing or administering the amended rules. Mr. Gordon has determined that the proposed amendments will have no adverse economic effect on small businesses, micro-businesses, or rural communities. Mr. Gordon has determined that there will be minimal fiscal implications to the local government and no additional costs of compliance for large and small businesses or individuals resulting from the proposed amendments.

PUBLIC BENEFIT

Mr. Gordon has determined that the public will benefit from the proposed amendments.

GOVERNMENT GROWTH IMPACT STATEMENT: Pursuant to Texas Government Code, §2001.0221, David Repp, GLO Senior Deputy Director & Chief Financial Officer, provides the following Government Growth Impact Statement for the proposed amendments. For each year of the first five years the proposed amendments will be in effect, he has determined the following:

(1) the proposed amendments will not create or eliminate a government program;

(2) implementation of the proposed amendments will not require the creation of new employee positions or elimination of existing employee positions;

(3) implementation of the proposed amendments will not require an increase or decrease in future legislative appropriations to the Board;

(4) the proposed amendments will not require an increase or decrease in fees paid to the Board;

(5) the proposed amendments do not create a new regulation;

(6) the proposed amendments will not expand, limit, or repeal an existing regulation;

(7) the proposed amendments will not increase or decrease the number of individuals subject to the rules; and

(8) the proposed amendments will not affect this state's economy.

PUBLIC COMMENT REQUEST

To comment on the proposed rulemaking, please send a written comment to Mr. Walter Talley, Texas Register Liaison, Texas General Land Office, P.O. Box 12873, Austin, Texas 78711, facsimile number (512) 475-1859 or email to walter.talley@glo.texas.gov. Written comments must be received no later than 5:00 p.m., thirty (30) days from the date of publication of this proposal.

STATUTORY AUTHORITY

These actions are proposed under Texas Natural Resources Code §31.051, which gives the commissioner the authority to make and enforce rules consistent with the law, and Texas Natural Resources Code §§32.062 and 32.205, which grants rulemaking authority to the SLB.

Texas Natural Resources Codes §§32.026, 32.107 are affected by these rules.

§151.1. School Land Board Meeting Administration.

(a) The secretary of the School Land Board (SLB) shall keep as records at the General Land Office, the minutes and the agenda [docket] of each meeting.

(b) The secretary of the SLB shall prepare the agenda [docket] for the meeting and file and post notice of the meeting in compliance with the Open Meetings Act. Notice of the board meeting will include:

(1) the time, date, and location of the meeting; and

(2) those items to be considered by the SLB at the meeting.

(c) The SLB's policy is to encourage and ensure public participation in all matters it considers in accordance with the Open Meetings Act. Members of the public may address the SLB on matters within the authority of the SLB at the physical location where the meeting is held during the public comment period of the meeting. Members of the public must identify themselves for the record as part of their public comments. [Members of the public may make personal statements of their views on a matter before the SLB provided that they identify themselves for the record. Members of the public making only such statements will not be considered parties to the meeting.]

(d) [(i)] The SLB shall adopt, amend, and repeal rules in accordance with applicable law. [the Texas Register and Administrative Code, Government Code, Chapter 2002.] Any interested person may petition the SLB in writing to request adoption of a rule. [The SLB shall consider the request at the next scheduled meeting and shall either grant or deny the request. Rulemaking procedures shall be initiated within 60 days of the receipt of the request if granted. If denied, the SLB shall state its reasons in writing and mail them to the petitioner within 60 days of receipt of the request.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 4, 2025.

TRD-202502744

Jennifer Jones

Chief Clerk and Deputy Land Commissioner

School Land Board

Earliest possible date of adoption: September 14, 2025

For further information, please call: (512) 475-1859

CHAPTER 155. LAND RESOURCES

SUBCHAPTER A. COASTAL PUBLIC LANDS

The School Land Board (SLB) proposes amendments to Texas Administrative Code (TAC), Title 31, Part 4, Chapter 155, relating to Easements, to correct citations to rules in §155.3.

During a review of its Chapter 151 rules, under §2001.039 of the Texas Government Code, the Board identified the need for these proposed amendments. At its June 3, 2025 meeting, the Board approved publication and readoption of the proposed amendments.

BACKGROUND AND SECTION BY SECTION ANALYSIS OF THE PROPOSED AMENDMENTS TO §155.3.

Under Chapter 33.103 and 33.111 of the Natural Resources Code, the School Land Board (SLB) is authorized to issue easements for the use of coastal public lands. The purpose of 31 TAC Chapter 155 is to address how coastal public lands will be managed by the SLB. The proposed amendments correct references that refer to incorrect citations within the rule.

Proposed amendment to TAC §155.3(f)(3) corrects an incorrect reference. The current rule requires applicants for an easement on coastal public lands to mitigate for impacts which are unavoidable. The current reference points the reader to TAC §155.3(b), which requires applicants to obtain permits required for a proposed project. Instead, it should point the reader to TAC §155.3(g), which addresses the mitigation sequences that an applicant must follow to avoid impacts.

Proposed amendment(s) to TAC §155.3(g)(3) also corrects an incorrect reference. The current rule provides that an applicant, who is unable to avoid impacts to coastal public land, must mitigate for the impacts and/or pay a resource impact fee. The current reference points the reader to TAC §155.15(b)(6), which addresses the treatment of rental adjustments. Instead, it should point the reader to TAC §155.15(b)(3), which discusses the resource impact fee.

FISCAL, BUSINESS AND EMPLOYMENT IMPACTS

David Green, Senior Deputy Director, Coastal Protection, has determined that for each year of the first five years the amendments as proposed are in effect there will be no fiscal implications for state government as a result of enforcing or administering the amended sections because they are non-substantive changes. No changes in employment will be required for the GLO or local governments for each of the first five years will be necessary.

David Green, Senior Deputy Director, Coastal Protection, has determined that the proposed amendments will not increase the costs of compliance for micro, small or large business or individuals required to comply with amendments and that a local employment impact statement on these amendments is not required because the proposed regulations will not adversely affect any local economy in a material manner for the first five years they will be in effect. The GLO has also determined that an economic impact statement and regulatory flexibility analysis on these proposed regulations are not required because the proposed regulations do not have a material adverse economic effect on small business.

Mr. Green has also determined that the proposed amendments will not have an adverse economic effect on rural communities, or individuals since the amendments are non-substantive changes.

PUBLIC BENEFIT

David Green, Senior Deputy Director, Coastal Protection, has determined that the public will benefit from the amendments because the changes correct references to applicable rules thereby giving public clear direction as to how an application for the use of coastal public lands will be reviewed. Clarity of the rules better informs applicants of what to expect from the application process and enhances the ability of the SLB to consistently evaluate applications.

GOVERNMENT GROWTH IMPACT STATEMENT

David Green, Senior Deputy Director, Coastal Protection, prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program, will not require an increase or decrease in future legislative appropriation to the agency, and will not require the creation of new employee positions nor eliminate current employee positions. This rulemaking does not affect the fees paid to the agency or increase or decrease the number of individuals subject to the rule's applicability.

During the first five years that the proposed rule would be in effect, it is not anticipated that there will be any adverse impact on the state's economy. The proposed amendments will clarify the application process.

CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM

The proposed amendments reflect updates and are not subject to the Coastal Management Program (CMP), 31 TAC §§29.11, which relate to the actions and rules subject to the CMP. Therefore, consistency review is not required. Individual easements undertaken in compliance with these rules may be subject to the CMP, and consistency with the CMP will be individually determined when evaluating an easement.

TAKINGS IMPACT ASSESSMENT

The GLO has evaluated the amendments to determine whether Texas Government Code, Chapter 2007 (Private Real Property Rights Preservation Act), is applicable and a detailed takings assessment is required. The GLO has determined that the proposed amendments do not affect private real property in a manner that requires real property owners to be compensated as provided by the Fifth and Fourteenth Amendments by the United States Constitution or Article I, Sections 17 and 19 of the Texas Constitution. Therefore, a detailed takings assessment is not required.

MAJOR ENVIRONMENTAL RULE ANALYSIS

The GLO has evaluated the proposed rulemaking action in light of the regulatory analysis requirements of Texas Government Code §2001.0225 and determined that the action is not subject to §2001.0225 because it does not exceed express requirements of state law and does not meet the definition of a "major environmental rule" as defined in the statute. "Major environmental rule" means a rule of which the specific Intent is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect the economy, a sector of the economy, productivity, competition, jobs, the environment, or public health and safety of the state or a sector of the state. The proposed amendment is not anticipated to adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state because the proposed rulemaking implements legislative requirements in Texas Natural Resources Code, §33.602(c).

PUBLIC COMMENT REQUEST

To comment on the proposed rulemaking, please send a written comment to Mr. Walter Talley, Texas Register Liaison, Texas General Land Office, P.O. Box 12873, Austin, Texas 78711, facsimile number (512) 463-6311 or email to walter.talley@glo.texas.gov. Written comments must be received no later than 5:00 p.m., thirty (30) days from the date of publication of this proposal.

STATUTORY AUTHORITY

The amendments are proposed under Texas Natural Resources Code, §33.064 that provides the SLB with the authority to adopt procedural and substantive rules concerning administration, implementation and enforcement of this chapter.

Texas Natural Resources Code §§40.109- 40.117 and 40.251- 40.258 are affected and implemented by the proposed amendment to the rule.

§155.3. Easements.

(a) - (e) (No change.)

(f) Criteria for decision. Project proposals will be evaluated in accordance with the following factors.

(1) - (2) (No change.)

(3) Adverse impacts to coastal natural resource areas must be avoided to the extent practicable and minimized where unavoidable. Applicants may be required to provide appropriate mitigation, as set forth in subsection (g) [(b)] of this section, for those impacts which are unavoidable. Where impacts to coastal natural resource areas are minimal, the payment of a resource impact fee may be required in lieu of undertaking a physical mitigation project where such project is not practicable.

(4) - (10) (No change.)

(g) Mitigation sequence. An applicant is responsible for identifying practicable alternatives or available sites for a proposed project with the fewest adverse impacts. For projects requiring mitigation for unavoidable adverse impacts to natural resources, review shall be based on the following sequence:

(1) - (2) (No change.)

(3) Mitigation and Compensation. Unavoidable impacts or damages to coastal public land will require mitigation and/or a resource impact fee as set forth in §155.15(b)(3) [§155.15(b)(6)] of this title. Mitigation for impacts to coastal public land must occur on coastal public land.

(h) - (i) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 4, 2025.

TRD-202502746

Jennifer Jones

Chief Clerk and Deputy Land Commissioner

School Land Board

Earliest possible date of adoption: September 14, 2025

For further information, please call: (512) 475-1859