REVIEW OF AGENCY RULES

Proposed Rule Reviews

Texas Department of Agriculture

Title 4, Part 1

The Texas Department of Agriculture (Department), files this notice of intent to review the rules in Texas Administrative Code, Title 4, Part 1, Chapter 4, Prescribed Burning Board Enforcement Program. This review is being conducted in accordance with the requirements of Texas Government Code §2001.039 (Agency Review of Existing Rules).

The Department will consider whether the initial factual, legal, and policy reasons for adopting each rule continue to exist and whether these rules should be repealed, readopted, or readopted with amendments.

Written comments pertaining to this rule review may be submitted by mail to Danielle Mitchell, Assistant General Counsel, at Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711-2847 or by email at Danielle.Mitchell@TexasAgriculture.gov.

The deadline for comments is 30 days after publication of this notice in the Texas Register. Proposed changes to any of these rules as a result of the rule review will be published as separate rulemaking proceedings in the Proposed Rules section of the Texas Register at a later date. Any proposed rule changes will be open for public comment prior to amendment or repeal, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

TRD-202202961

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Filed: August 9, 2022


Texas Historical Commission

Title 13, Part 2

The Texas Historical Commission files this notice of intent to review and consider for re-adoption, revision or repeal, Chapter 13, related to the Texas Historic Tax Credit Program.

Pursuant to Texas Government Code 2001.039, the Texas Historical Commission will assess whether the reason(s) for initially adopting these rules continue to exist. The rules will be reviewed to determine whether it is obsolete, reflects current legal and policy considerations, reflects current general provisions in the governance of the Commission and/or whether it is in compliance with Chapter 2001 of the Texas Government Code (Administrative Procedures Act).

The Commission will accept written comments received on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register. Comments as to whether the reasons for initially adopting these rules continue to exist may be submitted to Elizabeth Brummett, Director, Architecture Division, Texas Historical Commission, P.O. Box 12276, Austin, Texas 78711-2276, or by email to elizabeth.brummett@thc.texas.gov. In a separate action, amendments to the rules are concurrently proposed. Any additional changes to the rules as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption of any repeal, amendment, or re-adoption.

TRD-202202863

Mark Wolfe

Executive Director

Texas Historical Commission

Filed: August 1, 2022


Department of State Health Services

Title 25, Part 1

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 25, Part 1 of the Texas Administrative Code:

Chapter 229, Food and Drug

Subchapter A, Prescription Drug Price Disclosure

Subchapter B, Donation of Unused Drugs

Subchapter C, Purchase of Domestic Beef

Subchapter D, Regulation of Cosmetics

Subchapter F, Production, Processing, and Distribution of Bottled and Vended Drinking Water

Subchapter G, Manufacture, Storage, and Distribution of Ice Sold for Human Consumption, Including Ice Produced at Point of Use

Subchapter J, Minimum Standards for Narcotic Treatment Programs

Subchapter K, Texas Food Establishments

Subchapter L, Licensure of Food Manufacturers, Food Wholesalers, and Warehouse Operators

Subchapter N, Current Good Manufacturing Practice and Good Warehousing Practice in Manufacturing, Packing, or Holding Human Food

Subchapter O, Licensing of Wholesale Distributors of Nonprescription Drugs--Including Good Manufacturing Practices

Subchapter P, Assessment of Administrative Penalties

Subchapter Q, License/Permit Applications

Subchapter R, Issuance of Certificates of Free Sale and Sanitation and/or Certificates of Origin and Sanitation

Subchapter S, Pesticides in Food

Subchapter T, Licensure of Tanning Facilities

Subchapter U, Permitting Retail Food Establishments

Subchapter V, Minimum Standards for Licensure of Tattoo and Certain Body Piercing Studios

Subchapter W, Licensing of Wholesale Distributors of Prescription Drugs--Including Good Manufacturing Practices

Subchapter X, Licensing of Device Distributors and Manufacturers

Subchapter Y, Regulations to Prohibit the Sale of Dietary Supplements Containing Ephedrine Group Alkaloids; and to Restrict the Sale and Distribution of Certain Products Containing Ephedrine

Subchapter Z, Inspection Fees for Retail Food Establishments

Subchapter AA, Regulation of Food Salvage Establishments and Brokers

Subchapter BB, Regulation of Drug Salvage Establishments and Brokers

Subchapter CC, Regulation of Device Salvage Establishments and Brokers

Subchapter DD, Regulation of Cosmetic Salvage Establishments and Brokers

Subchapter EE, Cottage Food Production Operations

Subchapter FF, Farmers' Markets

Subchapter GG, Sanitary Transportation of Human Foods

This review is conducted pursuant to the requirements of the Texas Government Code §2001.039, which requires state agencies, every four years, to assess whether the initial reasons for adopting a rule continue to exist. After reviewing its rules, the agency will consider whether these rules should be repealed, readopted, or readopted with amendments.

Comments on the review of Chapter 229, Food and Drug, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to HHSRulesCoordinationOffice@hhs.texas.gov. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.

The text of the rule sections being reviewed will not be published, but may be found in Title 25, Part 1 of the Texas Administrative Code or on the Secretary of State's website at https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=25&pt=1&ch=229

TRD-202202940

Mahan Farman-Farmaian

Director, Rules Coordination Office

Department of State Health Services

Filed: August 8, 2022


Health and Human Services Commission

Title 26, Part 1

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code:

Chapter 550, Licensing Standards for Prescribed Pediatric Extended Care Centers

Subchapter A, Purpose, Scope, Limitations, Compliance, and Definitions

Subchapter B, Licensing Application, Maintenance, and Fees

Subchapter C, General Provisions

Subchapter D, Transportation

Subchapter E, Building Requirements

Subchapter F, Inspections and Visits

Subchapter G, Enforcement

This review is conducted in accordance with the requirements of Texas Government Code §2001.039, which requires state agencies, every four years, to assess whether the initial reasons for adopting a rule continue to exist. After reviewing its rules, the agency will readopt, readopt with amendments, or repeal its rules.

Comments on the review of Chapter 550, Licensing Standards for Prescribed Pediatric Extended Care Centers, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to HHSRulesCoordinationOffice@hhs.texas.gov. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.

The text of the rule sections being reviewed will not be published, but may be found in Title 26, Part 1, of the Texas Administrative Code or on the Secretary of State's website at https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=26&pt=1&ch=550

TRD-202202904

Mahan Farman-Farmaian

Director, Rules Coordination Office

Health and Human Services Commission

Filed: August 4, 2022


The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code:

Chapter 553, Licensing Standards for Assisted Living Facilities

Subchapter A, Introduction

Subchapter B, Licensing

Subchapter D, Facility Construction

Subchapter E, Standards for Licensing

Subchapter F, Additional Licensing Standards for Certified Alzheimer’s Assisted Living Facilities

Subchapter G, Inspections, Investigations, and Informal Dispute Resolution

Subchapter H, Enforcement

This review is conducted in accordance with the requirements of Texas Government Code §2001.039, which requires state agencies, every four years, to assess whether the initial reasons for adopting a rule continue to exist. After reviewing its rules, the agency will readopt, readopt with amendments, or repeal its rules.

Comments on the review of Chapter 553, Licensing Standards for Assisted Living Facilities, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to HHSRulesCoordinationOffice@hhs.texas.gov. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.

The text of the rule sections being reviewed will not be published, but may be found in Title 26, Part 1, of the Texas Administrative Code or on the Secretary of State's website at https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=26&pt=1&ch=553

TRD-202202905

Mahan Farman-Farmaian

Director, Rules Coordination Office

Health and Human Services Commission

Filed: August 4, 2022


The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code:

Chapter 558, Licensing Standards for Home and Community Support Services Agencies

Subchapter A, General Provisions

Subchapter B, Criteria and Eligibility, Application Procedures, and Issuance of a License

Subchapter C, Minimum Standards for All Home and Community Support Services Agencies

Subchapter D, Additional Standards Specific to License Category and Specific to Special Services

Subchapter E, Licensure Surveys

Subchapter F, Enforcement

Subchapter G, Home Health Aides

Subchapter H, Standards Specific to Agencies Licensed to Provide Hospice Services

This review is conducted in accordance with the requirements of Texas Government Code §2001.039, which requires state agencies, every four years, to assess whether the initial reasons for adopting a rule continue to exist. After reviewing its rules, the agency will readopt, readopt with amendments, or repeal its rules.

Comments on the review of Chapter 558, Licensing Standards for Home and Community Support Services Agencies, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to HHSRulesCoordinationOffice@hhs.texas.gov. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.

The text of the rule sections being reviewed will not be published, but may be found in Title 26, Part 1, of the Texas Administrative Code or on the Secretary of State's website at https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=26&pt=1&ch=558

TRD-202202907

Mahan Farman-Farmaian

Director, Rules Coordination Office

Health and Human Services Commission

Filed: August 4, 2022


The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code:

Chapter 559, Day Activity and Health Services Requirements

Subchapter A, Introduction

Subchapter B, Application Procedures

Subchapter C, Facility Construction Procedures

Subchapter D, Licensure and Program Requirements

Subchapter E, Inspections, Surveys, and Visits

Subchapter F, Abuse, Neglect, And Exploitation: Complaint and Incident Reports and Investigations

Subchapter G, Enforcement

This review is conducted in accordance with the requirements of Texas Government Code §2001.039, which requires state agencies, every four years, to assess whether the initial reasons for adopting a rule continue to exist. After reviewing its rules, the agency will readopt, readopt with amendments, or repeal its rules.

Comments on the review of Chapter 559, Day Activity and Health Services Requirements, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to HHSRulesCoordinationOffice@hhs.texas.gov. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.

The text of the rule sections being reviewed will not be published, but may be found in Title 26, Part 1, of the Texas Administrative Code or on the Secretary of State's website at https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=26&pt=1&ch=559

TRD-202202908

Mahan Farman-Farmaian

Director, Rules Coordination Office

Health and Human Services Commission

Filed: August 4, 2022


Adopted Rule Reviews

Texas Department of Agriculture

Title 4, Part 1

The Texas Department of Agriculture (the Department) adopts its review of Texas Administrative Code, Title 4, Part 1, Chapter 1, Subchapter Q, Protest of Contract Awards or Agency Procurement Procedures, comprised of §§1.1100 - 1.1105. The review was conducted in accordance with the requirements of Texas Government Code §2001.039 (Agency Review of Existing Rules).

Notice of intent to review the rules was published in the May 14, 2021 issue of the Texas Register (46 TexReg 3147). No comments were received in response to the proposed rule review.

The Department finds that the reasons for initially adopting the rules in Chapter 1, Subchapter Q continue to exist, and readopts the rules with nonsubstantive changes to reflect current procedures and clarify Department processes. As a result, the Department proposes amendments to the rules, which can be found in the Proposed Rules section of this issue.

TRD-202202903

Skyler Shafer

Assistant Attorney General

Texas Department of Agriculture

Filed: August 4, 2022


Texas State Soil and Water Conservation Board

Title 31, Part 17

The Texas State Soil and Water Conservation Board (Board) has completed the review of Title 31, Texas Administrative Code, Part 17, Chapter 517, Subchapter A, Conservation Assistance, as required by the Texas Government Code §2001.039, Agency Review of Existing Rules. These rules were published for comment in the May 20, 2022 issue of the Texas Register (47 TexReg 3069).

Texas Government Code §2001.039 requires that each state agency review and re-adopt, re- adopt with amendments, or repeal the rules adopted by that agency under Texas Government Code, chapter 2001, subchapter B, Rulemaking. As required by §2001.039(e), this review is to assess whether the reasons for adopting or re-adopting the Board’s Conservation Assistance rules continues to exist. The Board requested specific comments from interested persons on whether the reasons for adopting Title 31, Texas Administrative Code, Part 17, Chapter 517, Subchapter A, Conservation Assistance continue to exist. In addition, the Board welcomed comments on any amendments that would improve the rules.

The Board received no comments in response to its request for comment published in the May 20, 2022 issue of the Texas Register (47 TexReg 3069). After internal review, the Board determined that the rules effectively allow the Board to accomplish its functions as directed by the Legislature.

The Board finds that the reasons for adopting Title 31, Texas Administrative Code, Part 17, Chapter 517, Subchapter A, Conservation Assistance, continue to exist and re-adopts the rules without amendments. Therefore, the Board re-adopts Chapter 517, Subchapter A, Conservation Assistance, in its entirety, under authority granted in Texas Agricultural Code §§ 201.020(a) and 203.012, which authorize the Board to adopt and enforce rules necessary for the performance of its functions; Agriculture Code §201.22, which authorizes the Board to assist Soil and Water Conservation Districts; and Texas Government Code §2001.039, which requires each state agency to review and re-adopt its rules every four years.

The Board hereby certifies that the rule Chapter 517, Subchapter A, Conservation Assistance is re-adopted; has been reviewed by legal counsel and found to be a valid exercise of the Board’s legal authority. It is therefore ordered by the Texas State Soil and Water Conservation Board Chapter 517, Subchapter A, Conservation Assistance, is hereby re-adopted under Texas Government Code §2001.039 with no changes.

TRD-202202927

Liza Parker

Policy Analyst/Legislative Liaison

Texas State Soil and Water Conservation Board

Filed: August 8, 2022


The Texas State Soil and Water Conservation Board (Board) has completed the review of Title 31, Texas Administrative Code, Part 17, Chapter 517, Subchapter B, Cost-Share Assistance for Water Supply Enhancement, as required by the Texas Government Code §2001.039, Agency Review of Existing Rules. These rules were published for comment in the May 20, 2022 issue of the Texas Register (47 TexReg 3069).

Texas Government Code §2001.039 requires that each state agency review and re-adopt, re- adopt with amendments, or repeal the rules adopted by that agency under Texas Government Code, chapter 2001, subchapter B, Rulemaking. As required by §2001.039(e), this review is to assess whether the reasons for adopting or re-adopting the Board’s Cost-Share Assistance for Water Supply Enhancement rules continue to exist. The Board requested specific comments from interested persons on whether the reasons for adopting Title 31, Texas Administrative Code, Part 17, Chapter 517, Subchapter B, Cost-Share Assistance for Water Supply Enhancement continues to exist. In addition, the Board welcomed comments on any amendments that would improve the rules.

The Board received no comments in response to its request for comment published in the May 20, 2022 issue of the Texas Register (47 TexReg 3069). After internal review, the Board determined that the rules effectively allow the Board to accomplish its functions as directed by the Legislature.

The Board finds that the reasons for adopting Title 31, Texas Administrative Code, Part 17, Chapter 517, Subchapter B, Cost-Share Assistance for Water Supply Enhancement, continue to exist and re-adopts the rules without amendments. Therefore, the Board re- Chapter 517, Subchapter B, Cost-Share Assistance for Water Supply Enhancement, in its entirety, under authority granted in Texas Agricultural Code §§ 201.020(a) and 203.012, which authorize the Board to adopt and enforce rules necessary for the performance of its functions as well as Texas Government Code §2001.039, which requires each state agency to review and re-adopt its rules every four years.

The Board hereby certifies that the rule Chapter 517, Subchapter B, Cost-Share Assistance for Water Supply Enhancement is re-adopted; has been reviewed by legal counsel and found to be a valid exercise of the Board’s legal authority. It is therefore ordered by the Texas State Soil and Water Conservation Board Chapter 517, Subchapter B, Cost-Share Assistance for Water Supply Enhancement, is hereby re-adopted under Texas Government Code §2001.039 with no changes.

TRD-202202928

Liza Parker

Policy Analyst/Legislative Liaison

Texas State Soil and Water Conservation Board

Filed: August 8, 2022


The Texas State Soil and Water Conservation Board (Board) has completed the review of Title 31, Texas Administrative Code, Part 17, Chapter 518, Subchapter B, Historically Underutilized Business Program, as required by the Texas Government Code §2001.039, Agency Review of Existing Rules. These rules were published for comment in the May 20, 2022 issue of the Texas Register (47 TexReg 3069).

Texas Government Code §2001.039 requires that each state agency review and re-adopt, re- adopt with amendments, or repeal the rules adopted by that agency under Texas Government Code, chapter 2001, subchapter B, Rulemaking. As required by §2001.039(e), this review is to assess whether the reasons for adopting or re-adopting the Board's Historically Underutilized Business Program rules continue to exist. The Board requested specific comments from interested persons on whether the reasons for adopting Title 31, Texas Administrative Code, Part 17, Chapter 518, Subchapter B, Historically Underutilized Business Program continues to exist. In addition, the Board welcomed comments on any amendments that would improve the rules.

The Board received no comments in response to its request for comment published in the May 20, 2022, issue of the Texas Register (47 TexReg 3069). After internal review, the Board determined that the rules effectively allow the Board to accomplish its functions as directed by the Legislature.

The Board finds that the reasons for adopting Title 31, Texas Administrative Code, Part 17, Chapter 518, Subchapter B, Historically Underutilized Business Program, continue to exist and re-adopts the rules without amendments. Therefore, the Board re-adopts Chapter 518, Subchapter B, Historically Underutilized Business Program, in its entirety, under authority granted in Texas Agricultural Code §§ 201.020(a) and 203.012, which authorize the Board to adopt and enforce rules necessary for the performance of its functions; Texas Government Code § 2161.003, which authorizes the agency to contract with historically underutilized businesses, and Texas Government Code §2001.039, which requires each state agency to review and re-adopt its rules every four years.

The Board hereby certifies that the rule Chapter 518, Subchapter B, Historically Underutilized Business Program is re-adopted; has been reviewed by legal counsel and found to be a valid exercise of the Board's legal authority. It is therefore ordered by the Texas State Soil and Water Conservation Board Chapter 518, Subchapter B, Historically Underutilized Business Program, is hereby re-adopted under Texas Government Code §2001.039 with no changes.

TRD-202202929

Liza Parker

Policy Analyst/Legislative Liaison

Texas State Soil and Water Conservation Board

Filed: August 8, 2022


The Texas State Soil and Water Conservation Board (Board) has completed the review of Title 31, Texas Administrative Code, Part 17, Chapter 519, Subchapter A, Technical Assistance, as required by the Texas Government Code §2001.039, Agency Review of Existing Rules. These rules were published for comment in the May 20, 2022 issue of the Texas Register (47 TexReg 3069).

Texas Government Code §2001.039 requires that each state agency review and re-adopt, re- adopt with amendments, or repeal the rules adopted by that agency under Texas Government Code, chapter 2001, subchapter B, Rulemaking. As required by §2001.039(e), this review is to assess whether the reasons for adopting or re-adopting the Board’s Technical Assistance rules continue to exist. The Board requested specific comments from interested persons on whether the reasons for adopting Title 31, Texas Administrative Code, Part 17, Chapter 519, Subchapter A, Technical Assistance continue to exist. In addition, the Board welcomed comments on any amendments that would improve the rules.

The Board received no comments in response to its request for comment published in the May 20, 2022 issue of the Texas Register (47 TexReg 3069). After internal review, the Board determined that the rules effectively allow the Board to accomplish its functions as directed by the Legislature.

The Board finds that the reasons for adopting Title 31, Texas Administrative Code, Part 17, Chapter 519, Subchapter A, Technical Assistance, continue to exist and re-adopts the rules without amendments. Therefore, the Board re-adopts Chapter 519, Subchapter A, Technical Assistance, in its entirety, under authority granted in Texas Agricultural Code §§ 201.020(a) and 203.012, which authorize the Board to adopt and enforce rules necessary for the performance of its functions; Agriculture Code §201.22, which authorizes the Board to assist Soil and Water Conservation Districts; and Texas Government Code §2001.039, which requires each state agency to review and re-adopt its rules every four years.

The Board hereby certifies that the rule Chapter 519, Subchapter A, Technical Assistance is re-adopted; has been reviewed by legal counsel and found to be a valid exercise of the Board’s legal authority. It is therefore ordered by the Texas State Soil and Water Conservation Board Chapter 519, Subchapter A, Technical Assistance, is hereby re-adopted under Texas Government Code §2001.039 with no changes.

TRD-202202930

Liza Parker

Policy Analyst/Legislative Liaison

Texas State Soil and Water Conservation Board

Filed: August 8, 2022


The Texas State Soil and Water Conservation Board (Board) has completed the review of Title 31, Texas Administrative Code, Part 17, Chapter 521, Subchapter A, Agricultural Water Conservation, as required by the Texas Government Code §2001.039, Agency Review of Existing Rules. These rules were published for comment in the May 20, 2022 issue of the Texas Register (47 TexReg 3069).

Texas Government Code §2001.039 requires that each state agency review and re-adopt, re- adopt with amendments, or repeal the rules adopted by that agency under Texas Government Code, chapter 2001, subchapter B, Rulemaking. As required by §2001.039(e), this review is to assess whether the reasons for adopting or re-adopting the Board’s Agricultural Water Conservation rules continue to exist. The Board requested specific comments from interested persons on whether the reasons for adopting Title 31, Texas Administrative Code, Part 17, Chapter 521, Subchapter A, Agricultural Water Conservation continue to exist. In addition, the Board welcomed comments on any amendments that would improve the rules.

The Board received no comments in response to its request for comment published in the May 20, 2022, issue of the Texas Register (47 TexReg 3069). After internal review, the Board determined that the rules effectively allow the Board to accomplish its functions as directed by the Legislature.

The Board finds that the reasons for adopting Title 31, Texas Administrative Code, Part 17, Chapter 521, Subchapter A, Agricultural Water Conservation, continue to exist and re-adopts the rules without amendments. Therefore, the Board re-adopts Chapter 521, Subchapter A, Agricultural Water Conservation, in its entirety, under authority granted in Texas Agricultural Code §§ 201.020(a) and 203.012, which authorize the Board to adopt and enforce rules necessary for the performance of its functions; Agriculture Code §201.22, which authorizes the Board to assist Soil and Water Conservation Districts; and Texas Government Code §2001.039, which requires each state agency to review and re-adopt its rules every four years.

The Board hereby certifies that the rule Chapter 521, Subchapter A, Agricultural Water Conservation is re-adopted; has been reviewed by legal counsel and found to be a valid exercise of the Board’s legal authority. It is therefore ordered by the Texas State Soil and Water Conservation Board Chapter 521, Subchapter A, Agricultural Water Conservation, is hereby re-adopted under Texas Government Code §2001.039 with no changes.

TRD-202202931

Liza Parker

Policy Analyst/Legislative Liaison

Texas State Soil and Water Conservation Board

Filed: August 8, 2022


The Texas State Soil and Water Conservation Board (Board) has completed the review of Title 31, Texas Administrative Code, Part 17, Chapter 530, Carrizo Cane Eradication Program, as required by the Texas Government Code §2001.039, Agency Review of Existing Rules. These rules were published for comment in the May 20, 2022 issue of the Texas Register (47 TexReg 3069).

Texas Government Code §2001.039 requires that each state agency review and re-adopt, re- adopt with amendments, or repeal the rules adopted by that agency under Texas Government Code, chapter 2001, subchapter B, Rulemaking. As required by §2001.039(e), this review is to assess whether the reasons for adopting or re-adopting the Board’s Carrizo Cane Eradication Program rules continue to exist. The Board requested specific comments from interested persons on whether the reasons for adopting Title 31, Texas Administrative Code, Part 17, Chapter 530, Carrizo Cane Eradication Program continues to exist. In addition, the Board welcomed comments on any amendments that would improve the rules.

The Board received no comments in response to its request for comment published in the May 20, 2022, issue of the Texas Register (47 TexReg 3069). After internal review, the Board determined that the rules effectively allow the Board to accomplish its functions as directed by the Legislature.

The Board finds that the reasons for adopting Title 31, Texas Administrative Code, Part 17, Chapter 530, Carrizo Cane Eradication Program, continue to exist and re-adopts the rules without amendments. Therefore, the Board re-adopts Chapter 530, Carrizo Cane Eradication Program, in its entirety, under authority granted in Texas Agricultural Code §§ 201.020(a) and 203.012, which authorize the Board to adopt and enforce rules necessary for the performance of its function; Texas Agriculture Code §201.0225, which creates the carrizo cane eradication program; and Texas Government Code §2001.039, which requires each state agency to review and re-adopt its rules every four years.

The Board hereby certifies that the rule Chapter 530, Carrizo Cane Eradication Program is re-adopted; has been reviewed by legal counsel and found to be a valid exercise of the Board’s legal authority. It is therefore ordered by the Texas State Soil and Water Conservation Board Chapter 530, Carrizo Cane Eradication Program, is hereby re-adopted under Texas Government Code §2001.039 with no changes.

TRD-202202932

Liza Parker

Policy Analyst

Texas State Soil and Water Conservation Board

Filed: August 8, 2022