Texas Natural Resource Conservation Commission

Rule Review Plan

The Texas Natural Resource Conservation Commission (commission) submits the following revision to its agency rules review plan in accordance with House Bill (HB) 1, the Appropriations Act, Article IX, 167. In accordance with Texas Government Code, 2001.039 and the General Appropriations Act, 9-10.13 (Regular Session, 1999), the purpose of this filing is to submit a revised rule review plan, which includes the review schedule for the remaining of fiscal year 2000 and subsequent years and reflects changes to the plan filed on May 1, 1998.

As required, the commission has considered whether the reason for adopting or readopting the rule continues to exist. All of the chapters listed in the May 1, 1998 review plan have been reviewed, are currently under review, or are being developed for review. The review of all chapters will be initiated and completed before August 31, 2001.

The commission will continue to review all its rules on a continual, rotating basis every four years, based upon the four year anniversary of a chapter's review or adoption date, if a new chapter. However, the commission continues to reserve the right to review a chapter as part of a routine rulemaking either before or after its scheduled review date if that is appropriate in light of the nature of the amendments or workloads. The commission will clearly notice the review component of a regular rulemaking on the internet and in the proposal and adoption preambles.

The TAC citation for each chapter reviewed, and the results of the review, will be published in the Rule Review section of the Texas Register. The text of the chapters will not be published. The commission may concurrently propose any amendments and/or repeals that result from its review of the rules in the Proposed Rules section of the Texas Register, or it may defer any amendments and/or repeals until the conclusion of the comment period on the review.

The commission will provide a 30-day comment period on the review after publication in the Texas Register. Following the close of comment, if the commission determines that no further changes are necessary, the commission will formally readopt the chapter. If, as a result of comments, the commission determines that further changes are necessary, the commission will formally readopt the chapter, and then initiate further rule amendments in response to comment as soon as possible.

For further information about this plan for review, please contact Kathy Vail, OEPAA, at (512) 239-6637.