REVIEW OF AGENCY RULES

Adopted Rule Reviews

Credit Union Department

Title 7, Part 6

The Credit Union Commission (Commission) has completed its review of Chapter 91, Subchapter H (relating to Investments), of the Texas Administrative Code, Title 7, Part 6, consisting of §§91.801, 91.802, 91.803, 91.804, 91.805, and 91.808.

The rules were reviewed as a result of the Department's quadrennial rule review under Texas Government Code Section 2001.039.

Notice of the review of 7 TAC, Part 6, Chapter 91, Subchapter H, was published in the March 15, 2019, issue of the Texas Register (44 TexReg 1449). The Department received no comments on the notice of intention to review.

After reviewing these rules, the Commission finds that the reasons for initially adopting these rules continue to exist, and readopts Chapter 91, Subchapter H, §§91.801, 91.802, 91.803, 91.804, 91.805, and 91.808, in their entirety in accordance with the requirements of Texas Government Code, Section 2001.039. However, the Commission has determined certain sections should be amended and will propose changes in a separate section of the Texas Register. This concludes the review of 7 TAC, Part 6, Chapter 91, Subchapter H.

TRD-201902236

John J. Kolhoff

Commissioner

Credit Union Department

Filed: July 12, 2019


The Credit Union Commission (Commission) has completed its review of Chapter 91, Subchapter I (relating to Reserves and Dividends), of the Texas Administrative Code, Title 7, Part 6, consisting of §91.901 and §91.902.

The rules were reviewed as a result of the Department's general rule review under Texas Government Code Section 2001.039.

Notice of the review of 7 TAC, Part 6, Chapter 91, Subchapter I, was published in the March 15, 2019, issue of the Texas Register (44 TexReg 1449) as required. The Department received no comments on the notice of intention to review.

As a result of the internal review by the Department, the Commission has determined that no revisions are appropriate and necessary. The Commission finds that the reasons for initially adopting these rules continue to exist, and readopts Chapter 91, Subchapter I, §91.901 and §91.902 in accordance with the requirements of Texas Government Code, Section 2001.039. This concludes the review of 7 TAC, Part 6, Chapter 91, Subchapter I.

TRD-201902237

John J. Kolhoff

Commissioner

Credit Union Department

Filed:July 12, 2019


Texas State Library and Archives Commission

Title 13, Part 1

The Texas State Library and Archives Commission (TSLAC) readopts the rules in Chapter 7 of the Texas Administrative Code, Title 13, relating to Local Records, as a result of reviewing the rules under Texas Government Code §2001.039.

The Commission reviewed the following rules:

SUBCHAPTER A REGIONAL HISTORICAL RESOURCE DEPOSITORIES AND REGIONAL RESEARCH CENTERS

§7.1 Definitions

§7.2 Designation of Depositories

§7.3 Minimum Requirements for Depositories

§7.4 Management of Depositories and Regional Research Centers

§7.5 Commission Staff at Depositories

§7.6 Financial Responsibilities

§7.7 Title to Materials

§7.8 Termination of Depositories

§7.9 Depositories Designated under Prior Law

SUBCHAPTER B MICROFILMING STANDARDS FOR LOCAL GOVERNMENTS

§7.21 Definitions

§7.22 Adopted National Standards

§7.23 General

§7.24 Microfilm Production Procedures

§7.25 Microfilm Production Tests and Inspections

§7.26 Storage of Original Microfilm

§7.27 Inspection of Stored Original Microfilm

§7.28 Computer Output Microfilm (COM)

§7.29 Jacketing

§7.30 Aperture Card/CAD Systems

§7.31 Step-and-Repeat Systems

§7.32 Expungement

§7.33 Destruction of Microfilmed Records

§7.34 Documentation and Recordkeeping

§7.35 Public Access to Information on Microfilm

SUBCHAPTER C STANDARDS AND PROCEDURES FOR MANAGEMENT OF ELECTRONIC RECORDS

§7.71 Definitions

§7.72 General

§7.73 Creation and Use of Data Files

§7.74 Creation and Use of Text Documents

§7.75 Security of Electronic Records

§7.76 Maintenance of Electronic Records Storage Media

§7.77 Retention of Electronic Records

§7.78 Destruction of Electronic Records

§7.79 Public Access to Electronic Records

SUBCHAPTER D RECORDS RETENTION SCHEDULES

§7.121 Definitions

§7.122 Applicability and Scope

§7.123 General

§7.124 Procedures

§7.125 Records Retention Schedules

SUBCHAPTER E ELECTRONIC FILING AND RECORDING

§7.141 Definitions

§7.142 General

§7.143 Form and Method of Transmission

§7.144 Method of Recording

§7.145 System Security Procedures

SUBCHAPTER F RECORDS STORAGE STANDARDS

§7.161 Definitions

§7.162 General

§7.163 Required Minimum Storage Conditions for Certain Non-Permanent Court Records

§7.164 Required Minimum Storage Conditions for Permanent Records

§7.165 Optional Enhanced Storage Conditions for Permanent Records

The Commission has reviewed 13 Texas Administrative Code Chapter 7 and determined that the reasons for initially adopting these rules continue to exist.

No comments were received regarding this rule review.

The reviewed rules were readopted pursuant to the Commission's authority under Texas Government Code §2001.039, which requires a state agency to review rules every four years to either readopt, readopt with amendments, or repeal.

TRD-201902250

Donna Osborne

Director

Texas State Library and Archives Commission

Filed: July 15, 2019


Texas Commission on Environmental Quality

Title 30, Part 1

The Texas Commission on Environmental Quality (commission or TCEQ) has completed its Rule Review of 30 TAC Chapter 40, Alternative Dispute Resolution Procedure, 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 February 15, 2019, issue of the Texas Register (44 TexReg 718).

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 40 implement Texas Government Code, Chapter 2009, Alternative Dispute Resolution (ADR) for Use by Governmental Bodies ("Governmental Dispute Resolution Act," enacted 1997). Texas Government Code, §2009.051 authorizes each governmental body to develop and use ADR (primarily mediation) procedures, and further provides that if an agency that is subject to Texas Government Code, Chapter 2001, adopts an ADR procedure, it may do so by rule. TCEQ is subject to Texas Government Code, Chapter 2001, also known as the Administrative Procedure Act. Texas Government Code, §2009.002 provides that disputes before governmental bodies are to be resolved as fairly and expeditiously as possible and that each governmental body support this policy by developing and using ADR procedures in appropriate aspects of the governmental body's operations and programs. Texas Government Code, Chapter 2009 not only authorizes each agency to adopt its own ADR procedures but encourages agencies to do so. The commission's policy is to provide ADR/mediation opportunities to those persons and entities who interact with TCEQ in the commission's daily operations. Most of the ADR/mediation matters involve permit applications subject to an opportunity for a contested case hearing under Texas Government Code, Chapter 2001 and the rules of the commission. The readoption of the rules in Chapter 40 support this policy by administering and providing procedural framework for the ADR program at TCEQ, which continues to offer the public and regulated community an efficient, less costly and time-consuming alternative to the contested case process.

Public Comment

The public comment period closed on March 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 40 continue to exist and readopts these sections in accordance with the requirements of Texas Government Code, §2001.039.

TRD-201902196

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: July 12, 2019


The Texas Commission on Environmental Quality (commission) has completed its Rule Review of 30 TAC Chapter 115, Control of Air Pollution from Volatile Organic Compounds, 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 February 1, 2019, issue of the Texas Register (44 TexReg 485).

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 for control of volatile organic compounds (VOC) emissions in Chapter 115 were specifically developed to meet the federal Clean Air Act requirements for attainment and maintenance of the National Ambient Air Quality Standards (NAAQS) for ozone set by the United States Environmental Protection Agency (EPA).

States are primarily responsible for ensuring attainment and maintenance of the NAAQS once the EPA has established those standards. Under 42 United States Code, §7410 and related provisions, states must submit revisions to the state implementation plan (SIP) for EPA approval that provide for the attainment and maintenance of the NAAQS through control programs directed to sources of the pollutants involved. VOC are precursor pollutants in the formation of ozone, and the rules in Chapter 115 form a significant component of the Texas SIP to attain and maintain the NAAQS for ozone.

Public Comment

The public comment period closed on March 5, 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 115 continue to exist and readopts these sections in accordance with the requirements of Texas Government Code, §2001.039.

TRD-201902222

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: July 12, 2019


The Texas Commission on Environmental Quality (commission) has completed its Rule Review of 30 TAC Chapter 297, Water Rights, Substantive, 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 February 1, 2019, issue of the Texas Register (44 TexReg 485).

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 297 are required because Chapter 297 provides the substantive rules and definitions concerning water rights including requirements for obtaining different types of permits or authorizations, how the commission decides whether to grant a permit, definitions of terms used in water rights, consideration of environmental effects in permitting, and requirements for cancellation of a water right. The rules are necessary to implement the requirements in the Texas Water Code, Chapter 11.

Public Comment

The public comment period closed on March 5, 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 297 continue to exist and readopts these sections in accordance with the requirements of Texas Government Code, §2001.039.

TRD-201902197

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: July 12, 2019


The Texas Commission on Environmental Quality (commission) has completed its Rule Review of 30 TAC Chapter 329, Drilled or Mined Shafts, 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 February 1, 2019, issue of the Texas Register (44 TexReg 485).

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 329 were adopted in accordance with Texas Water Code, §28.030 to enable the commission to issue shaft permits where appropriate and to inform affected persons of permissible pre-application activities, permit application procedures, and operating and monitoring standards and requirements.

Public Comment

The public comment period closed on March 5, 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 329 continue to exist and readopts these sections in accordance with the requirements of Texas Government Code, §2001.039.

TRD-201902226

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: July 12, 2019


The Texas Commission on Environmental Quality (commission) has completed its Rule Review of 30 TAC Chapter 342, Regulation of Certain Aggregate Production Operations, 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 February 1, 2019, issue of the Texas Register (44 TexReg 486).

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 342 are required to implement Texas Water Code, Chapter 28A by establishing a registration program for aggregate production operations.

Public Comment

The public comment period closed on March 5, 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 342 continue to exist and readopts these sections in accordance with the requirements of Texas Government Code, §2001.039.

TRD-201902198

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: July 12, 2019