PART 17. TEXAS STATE SOIL AND WATER CONSERVATION BOARD
CHAPTER 520. DISTRICT OPERATIONS
SUBCHAPTER A. ELECTION PROCEDURES
The Texas State Soil and Water Conservation Board (State Board) proposes amendments to Title 31, Texas Administrative Code, Part 17, Chapter 520 District Operations, Subchapter A, Election Procedures, §520.2, Definitions.
Background and Purpose
Pursuant to Texas Government Code §2001.039, the State Board conducted a rule review of Title 31, Texas Administrative Code, Part 17, Chapter 520, District Operations, Subchapter A, Election Procedures. The State Board received no comments.
The proposed amendment to §520.2(5) deletes the former physical address of the State Board headquarters and leaves a physical address out of the rule to avoid future amendments regarding headquarter address changes. The other amendment alphabetizes the definitions.
Section-by-section Summary
The proposed amendment to §520.2(5) removes the former State Office address, 4311 South 31st Street, Temple, Texas.
Fiscal Impact on State and Local Government
Kenny Zajicek, COO/CFO for the State Board, has determined that the proposed amendment does not impose an increased cost to state or local government.
Because there is no effect on local economies for the first five years that the proposed amendment is in effect, no local employment impact statement is required under Texas Government Code §2001.022.
Public Benefit/Cost to Regulated Persons
Mr. Zajicek has determined that the public benefit is the correction of a rule to remove the former address of the State Board headquarters. For each year of the first five years the rule is in effect, there will be no anticipated economic costs to persons.
There are no costs to regulated persons because the State Board does not regulate individuals and because of the nature of the rule change, which deletes the former headquarters address.
One-for-one Rule Analysis
Due to the nature of the amendment and because the State Board does not regulate individuals; the proposed amendment does not impose a cost on a person. The amendment does not impose a cost on another state agency or a special district; therefore, it is not subject to Texas Government Code §2001.0045.
Government Growth Impact
During the first five years of the proposed amendment is in effect, it would not: (1) create or eliminate a government program; (2) require the creation of new employee positions or eliminate existing employee positions; (3) require an increase or decrease in future legislative appropriations to the agency; (4) require an increase or decrease in fees paid to the agency; (5) create a new regulation; (6) expand or repeal an existing regulation; and (7) not negatively affect the state's economy. Because the amendment only deletes the former physical address of the State Board's headquarters and because the State Board does not regulate individuals, it is not necessary to perform an analysis to determine the number of individuals subject to the proposed amendments' applicability.
Local Employment and Impact Statement
The CFO/COO has determined that no local economies are substantially affected by the rule, and, as such, the State Board is exempted from preparing a local employment impact statement pursuant to Government Code §2001.022.
Fiscal Impact on Small and Micro-Businesses and Rural Communities
The CFO/COO has determined that the rule amendment will not have an adverse impact on small or micro-businesses, or rural communities, because there are no substantial anticipated costs to person who are required to comply with the rule. As a result, the State Board asserts that preparation of an economic impact statement and a regulatory flexibility analysis, as provided by Government Code §2006.002, are not required.
Takings Impact Assessment
The State Board has determined that there are no private real property interests affected by the rule; thus, the State Board asserts the preparation of a takings impact assessment, as provided by Government Code §2007.043, is not required.
Environmental Rule Analysis
The State Board has determined that this proposal is not brought with the specific intent to protect the environment or reduce risks to human health from environmental exposure; thus, the State Board asserts that this proposal is not a "major environmental rule," as defined by Government Code §2001.0225. As a result, the State Board asserts that the preparation of an environmental impact analysis, as provided by Government Code §2001.0225, is not required.
Request for Public Comment
Comments on the proposed amendment may be submitted to Liza Parker, Policy Analyst/Legislative Liaison, Texas State Soil and Water Conservation Board; 1497 Country View Lane, Temple, Texas 76504, within 30 days of publication of this proposed amendment in the Texas Register. Comments may also be submitted via fax to (254) 773-3311 or via email to lparker@tsswcb.texas.gov.
Statutory Authority
The amendment is proposed under Texas Agriculture Code, Title 7, Chapter 201, Subchapter B, State Soil and Water Conservation Board, §201.020, which provides the State Board with the authority to adopt rules as necessary for the performance of its functions under Chapter 201, Texas Agriculture Code.
No other code, article or statutes are affected by this amendment.
§520.2.Definitions.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) District--A soil and water conservation district created under the Agriculture Code of Texas, Chapter 201.
(2) [(4)] Eligible Voter--A person
or a family farm corporation designated corporate officer as defined
in §201.003 Agriculture Code of Texas is eligible to vote in
a district election.
(3) [(2)] Executive Director--The
Executive Director of the Texas State Soil and Water Conservation Board.
(4) [(3)] State Board--The Texas
State Soil and Water Conservation Board created under the Agriculture
Code of Texas, Chapter 201.
(5) State Office--The State Board headquarters office
[located at 4311 South 31st Street, Temple, Texas].
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 July 8, 2020.
TRD-202002811
Liza Parker
Policy Analyst/Legislative Liaison
Texas State Soil and Water Conservation Board
Earliest possible date of adoption: August 23, 2020
For further information, please call: (254) 773-2250