REVIEW OF AGENCY RULES

Proposed Rule Reviews

Texas Education Agency

Title 19, Part 2

The Texas Education Agency (TEA) proposes the review of 19 TAC Chapter 103, Health and Safety, pursuant to Texas Government Code, §2001.039. The rules being reviewed by TEA in 19 TAC Chapter 103 are organized under Subchapter AA, Commissioner's Rules Concerning Physical Fitness; Subchapter BB, Commissioner's Rules Concerning General Provisions for Health and Safety; Subchapter CC, Commissioner's Rules Concerning School Safety and Discipline; and Subchapter DD, Commissioner's Rules Concerning Video Surveillance of Certain Special Education Settings.

As required by the Texas Government Code, §2001.039, the TEA will accept comments as to whether the reasons for adopting 19 TAC Chapter 103, Subchapters AA-DD, continue to exist.

The public comment period on the review of 19 TAC Chapter 103, Subchapters AA-DD, begins January 10, 2020, and ends February 10, 2020. A form for submitting public comments on the proposed rule review is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/2017-2021_Commissioner_Rules_Currently_Under_Review/. Comments on the proposed review may also be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701.

TRD-201904953

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: December 20, 2019


Adopted Rule Reviews

Texas Commission on Environmental Quality

Title 30, Part 1

The Texas Commission on Environmental Quality (commission) has completed its Rule Review of 30 TAC Chapter 214, Secondary Containment Requirements for Underground Storage Tank Systems Located Over Certain Aquifers, as required by Texas Government Code, §2001.039. Texas Government Code, §2001.039, requires a state agency to review and consider for readoption, readoption with amendments, or repeal each of its rules every four years. The commission published its Notice of Intent to Review these rules in the July 19, 2019, issue of the Texas Register (44 TexReg 3653).

The review assessed whether the initial reasons for adopting the rules continue to exist, and the commission has determined that those reasons exist. The rules in Chapter 214 are required because the rules implement Texas Water Code (TWC), §26.3476, by establishing requirements for underground storage tank systems over certain aquifers to incorporate a method of secondary containment. These rules are additional requirements beyond those in 30 TAC Chapter 213 and Chapter 334. TWC, §26.345, authorizes the commission to develop a regulatory program regarding underground and aboveground storage tanks, and to adopt rules necessary to carry out that purpose. These rules are necessary to protect and maintain the quality of groundwater resources in the state from environmental contamination that could result from releases of harmful substances stored in such tanks.

Public Comment

The public comment period closed on August 19, 2019. The commission did not receive comments on the rules review of this chapter.

As a result of the review the commission finds that the reasons for adopting the rules in 30 TAC Chapter 214 continue to exist and readopts these sections in accordance with the requirements of Texas Government Code, §2001.039.

TRD-201904950

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: December 20, 2019


The Texas Commission on Environmental Quality (commission) has completed its Rule Review of 30 TAC Chapter 295, Water Rights, Procedural, as required by Texas Government Code, §2001.039. Texas Government Code, §2001.039, requires a state agency to review and consider for readoption, readoption with amendments, or repeal each of its rules every four years. The commission published its Notice of Intent to Review these rules in the July 19, 2019, issue of the Texas Register (44 TexReg 3653).

The review assessed whether the initial reasons for adopting the rules continue to exist, and the commission has determined that those reasons exist. The rules in Chapter 295 are required because the rules contain the procedural requirements to implement Texas Water Code (TWC), Chapter 11, Water Rights, and TWC, Chapter 18, Marine Seawater Desalination Projects. The rules include filing and fee requirements; descriptions of the public notices required for each application; information related to public hearings; special actions that may be taken by the commission related to specific types of water rights; and requirements relating to the diversion, treatment, and use of marine seawater desalination projects. The rules are necessary for the regulation of state water by the commission.

Public Comment

The public comment period closed on August 19, 2019. The commission did not receive comments on the rules review of this chapter.

As a result of the review the commission finds that the reasons for adopting the rules in 30 TAC Chapter 295 continue to exist and readopts these sections in accordance with the requirements of Texas Government Code, §2001.039.

TRD-201904959

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: December 20, 2019


The Texas Commission on Environmental Quality (commission) has completed its Rule Review of 30 TAC Chapter 299, Dams and Reservoirs, as required by Texas Government Code, §2001.039. Texas Government Code, §2001.039, requires a state agency to review and consider for readoption, readoption with amendments, or repeal each of its rules every four years. The commission published its Notice of Intent to Review these rules in the July 19, 2019, issue of the Texas Register (44 TexReg 3654).

The review assessed whether the initial reasons for adopting the rules continue to exist, and the commission has determined that those reasons exist. The rules in Chapter 299 are required because the chapter relates to dam: design; construction plans and specifications; construction; operation and maintenance; inspections; removal; emergency management and emergency action plans; gate operating plans; and site security. The Dam Safety Program regulates 4,029 dams and inspects 1,764 dams on a five-year frequency. The rules are needed to provide protection to the public and downstream property and to provide guidance and direction to the dam owner.

Public Comment

The public comment period closed on August 19, 2019. The commission did not receive comments on the rules review of this chapter.

As a result of the review the commission finds that the reasons for adopting the rules in 30 TAC Chapter 299 continue to exist and readopts these sections in accordance with the requirements of Texas Government Code, §2001.039.

TRD-201904951

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: December 20, 2019


The Texas Commission on Environmental Quality (commission) has completed its Rule Review of 30 TAC Chapter 309, Domestic Wastewater Effluent Limitation and Plant Siting, as required by Texas Government Code, §2001.039. Texas Government Code, §2001.039, requires a state agency to review and consider for readoption, readoption with amendments, or repeal each of its rules every four years. The commission published its Notice of Intent to Review these rules in the July 19, 2019, issue of the Texas Register (44 TexReg 3654).

The review assessed whether the initial reasons for adopting the rules continue to exist, and the commission has determined that those reasons exist. The rules in Chapter 309 provide effluent limitations for domestic wastewater in Subchapter A, location standards in Subchapter B, and requirements for land disposal of sewage effluent in Subchapter C. Subchapter A includes effluent quality limitations for treated domestic sewage which are required to maintain water quality in accordance with the commission's surface water quality standards. Subchapter B establishes minimum standards for the location of domestic wastewater treatment facilities including definitions, considerations for determining site selection, and unsuitable site characteristics. Subchapter C outlines the components of a required technical report for the design of the wastewater disposal system as well as the requirements of irrigation disposal systems and percolation disposal systems.

The rules are needed to provide regulations to support the state water quality management program regarding domestic wastewater treatment facilities to minimize possible contamination of ground and surface water and the possibility of exposing the public to nuisance or unhealthful conditions.

Public Comment

The public comment period closed on August 19, 2019. The commission did not receive comments on the rules review of this chapter.

As a result of the review, the commission finds that the reasons for adopting the rules in 30 TAC Chapter 309 continue to exist and readopts these sections in accordance with the requirements of Texas Government Code, §2001.039.

TRD-201904949

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: December 20, 2019


The Texas Commission on Environmental Quality (commission) has completed its Rule Review of 30 TAC Chapter 350, Texas Risk Reduction Program, as required by Texas Government Code, §2001.039. Texas Government Code, §2001.039, requires a state agency to review and consider for readoption, readoption with amendments, or repeal each of its rules every four years. The commission published its Notice of Intent to Review these rules in the July 19, 2019, issue of the Texas Register (44 TexReg 3654).

The review assessed whether the initial reasons for adopting the rules continue to exist, and the commission has determined that those reasons exist. The rules in Chapter 350 are required to provide a consistent corrective action process directed toward the protection of human health and the environment while balancing the economic welfare of the citizens of Texas. The rules establish assessment, monitoring, cleanup, reporting, post response action care, and financial assurance requirements that persons performing certain corrective actions must meet. The rules use a tiered approach that incorporates risk-based assessment techniques to help focus site investigations and determine appropriate response actions that are protective of human health, and when necessary, ecological receptors.

Public Comment

The public comment period closed on August 19, 2019. The commission did not receive comments on the rules review of this chapter.

As a result of the review, the commission finds that the reasons for adopting the rules in 30 TAC Chapter 350 continue to exist and readopts these sections in accordance with the requirements of Texas Government Code, §2001.039.

TRD-201904960

Charmaine Backens

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: December 20, 2019