Rule Proposals

Proposals are rules that have been approved by the commissioners to be published in the Texas Register for public comment.

PROPOSALS are rules that have been approved by the commissioners to be published in the Texas Register for public comment. The public comment period usually lasts for 30 days after the publication date. After the public comment period has closed, staff evaluates all comments and makes appropriate changes to the proposed rule. The draft adoption is then filed with the Chief Clerk and moved to Pending Adoptions.

Proposal Dates	Rule Project Number	Short Title/Description	Proposal (PDF)
Approval Date 01/25/12	2011-032-060-CE	HB 2694 (4.01 and Article 4): Compliance History The proposed rulemaking would revise Chapter 60, Compliance History, to implement HB 2694, 82nd Legislature, Regular Session, 2011.	Executive Summary Ch. 60
Public Hearing 03/06/12
Comments Due 03/12/12 Submit via eComments 02/10/12 - 03/12/12
Approval Date 01/25/12	2011-047-090-AD	HB 2694 (4.06 & 4.08): Incentives The proposed rulemaking would make conforming changes to Chapter 90, Innovative Programs, to implement HB 2694, 82nd Legislature, Regular Session, 2011.	Executive Summary Ch. 90
Public Hearing None
Comments Due 03/12/12 Submit via eComments 02/10/12 - 03/12/12
Approval Date 01/11/12	2011-045-342-OW	HB 571: Regulation of Certain Aggregate Production Operations New 30 TAC Chapter 342 is proposed to be added for implementation of HB 571 passed in the 82nd Legislative Session for Regulation of Certain Aggregate Production Operations.	Executive Summary Ch. 342
Public Hearing 02/09/12
Comments Due 02/27/12 Submit via eComments 01/27/12-02/27/12
Approval Date 01/11/12	2011-062-114-EN	HB 3272: LIRAP Revisions HB 3272 revised guidelines and requirements of the Low-Income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program (LIRAP). Changes include requiring vehicles be registered for 12 of the past 15 months; allowing natural gas and electric vehicles to be eligible replacement vehicles at the $3,500 level; and requiring that replacement vehicles have no more than 70,000 miles.	Executive Summary Ch. 114
Public Hearing 02/21/12
Comments Due 02/27/12 Submit via eComments 01/27/12-02/27/12
Approval Date 12/7/11	2011-035-080-AD	HB 2694 (3.04): Public Interest Factors The rulemaking will implement HB 2694, Section 3.04, Texas Water Code, Section 5.276. This rulemaking will establish factors the Public Interest Counsel must consider before deciding to represent the public interest as a party to a commission proceeding.	Executive Summary Ch. 80
Public Hearing 1/24/12
Comments Due 1/30/12 Submit via eComments 12/23/11 - 1/30/12
Approval Date 12/7/11	2011-036-336-WS	SB 1504: Phase I This rulemaking implements SB 1504, 82nd Legislature by addressing the disposal or storage of waste at, or adjacent to, the Texas Low-Level Radioactive Waste Disposal Compact waste disposal facility.	Executive Summary Ch. 336
Public Hearing 1/12/12
Comments Due 1/23/12 Submit via eComments 12/23/11 - 1/23/12
Approval Date 11/2/11	2011-028-328-AD	SB 329: Sale, Recovery, and Recycling of Certain Television Equipment This rulemaking would implement SB 329 by providing for TV recycling program rules.	Executive Summary Ch. 328
Public Hearing 12/13/11
Comments Due 12/19/11 Submit via eComments 11/18/11-12/19/11
Approval Date 11/2/11	2011-030-080-LS	HB 2694 (10.01 - 10.04): Contested Case Hearings This rulemaking implements HB 2694, Article 10 of the 82nd Legislature, 2011. This rulemaking addresses the issues of:limitation of certain state agencies ability to contest permit and license applications; the executive director as a party in contested case hearings; and the deadline for discovery in contested case hearings in which prefiled testimony is used.	Executive Summary Ch. 50 Ch. 55 Ch. 80
Public Hearing 12/12/11
Comments Due 12/19/11 Submit via eComments 11/18/11-12/19/11
Approval Date 11/2/11	2011-038-334-WS	HB 2694 (4.16, 4.17, and 4.19): PST This rulemaking implements Sections 4.16, 4.17, and 4.19 of HB 2694, 82nd Legislature, Regular Session, 2011, by amending 30 TAC Chapter 334. The changes would reinstate common carrier liability; allow the removal of underground or aboveground storage tanks under certain circumstances; reauthorize the PST fee and allow the revision of the fee to be established in rule.	Executive Summary Ch. 334
Public Hearing 12/14/11
Comments Due 12/19/11 Submit via eComments 11/18/11-12/19/11
Approval Date 10/18/11	2011-033-036-LS	HB 2694 (5.03): Water Curtailment Proposed new 30 TAC Chapter 36, Suspension or Adjustment of Water Rights During Water Shortage, will implement HB 2694, TWC, Section 11.053. The proposed rulemaking will establish that the ED is authorized to temporarily suspend a water right or adjust diversions of water during times of drought or emergency shortage of water. The rules must address a) defining a drought or other emergency shortage of record for the purposes of this section; b) specifying the conditions under which the ED may issue an order under this Section; c) specifying the terms of an order issued under this section, and; d) specifying procedures for notice of and opportunity for hearing on, an appeal to the commission of an order issued under this section.	Executive Summary Ch. 36
Public Hearing 12/01/11
Comments Due 12/05/11 Submit via eComments 11/04/11-12/05/11
Approval Date 10/18/11	2011-050-114-EN	HB 3399: Emissions Reduction Incentive Program Rules The proposed rulemaking will incorporate updates to the diesel emissions reduction incentive program rules.	Executive Summary Ch. 114
Public Hearing 11/29/11
Comments Due 12/05/11 Submit via eComments 11/04/11-12/05/11
Approval Date 10/18/11	2011-051-114-EN	HB 3399: Texas Clean Fleet Program Rules The proposed rulemaking will incorporate updates to the the Texas Clean Fleet Program rules as a result of HB 3399, 82nd Legislature, 2011.	Executive Summary Ch. 114
Public Hearing 11/29/11
Comments Due 12/05/11 Submit via eComments 11/04/11-12/05/11
Approval Date 10/18/11	2011-052-114-EN	SB 385: Alternative Fueling Facilities Program Rule The proposed rulemaking will establish a new grant program to provide grants for entities to construct, reconstruct, or acquire a facility in a nonattainment area to store, compress, or dispense alternative fuels.	Executive Summary Ch. 114
Public Hearing 11/29/11
Comments Due 12/05/11 Submit via eComments 11/04/11-12/05/11
Approval Date 10/18/11	2011-053-114-EN	SB 385: Texas Natural Gas Vehicle Grant Program The proposed rulemaking will establish by rule the criteria for prioritizing qualifying vehicles eligible to receive a grant under this new program.	Executive Summary Ch. 114
Public Hearing 11/29/11
Comments Due 12/05/11 Submit via eComments 11/04/11-12/05/11
Approval Date 10/5/11	2011-018-101-EN	Repeal of Chapter 101 System Cap Trading Program Rules and Revisions to Chapter 117 The rulemaking will repeal the System Cap Trading (SCT) program from Chapter 101 and remove references to the SCT program in Chapter 117.	Executive Summary Ch. 101 Ch. 117
Public Hearing 11/15/11 11/17/11
Comments Due 11/21/11 Submit via eComments 10/21/11-11/21/11

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