Adopted Rules Title 31

TITLE 31. NATURAL RESOURCES AND CONSERVATION

PART 17. TEXAS STATE SOIL AND WATER CONSERVATION BOARD

SUBCHAPTER C. RESTRICTIONS ON ASSIGNMENT OF VEHICLES

Introduction:

The Texas State Soil and Water Conservation Board adopts the new rule Pursuant to Government Code, Sec. 2171.1045, adopted under Section 2171.104, relating to the assignment and use of the agency's vehicles. During an internal audit, it was determined that the agency had yet to adopt rules per the statute. The proposed new rule was posted for public comment in the Texas Register on April 21, 2023, page (48 TexReg 2084); no comments were received. The rule is adopted without changes to the text as published in the Texas Register and will not be republished.

Justification: During an internal audit, it was determined that the agency had yet to adopt rules per the statute.

How the Rule will Function: This rule identifies the assignment of the agency vehicles and acceptable use of the agency vehicles.

Comments: No public comments were received.

Statutory Authority: Government Code, Sec. 2171.1045, each state agency shall adopt rules, consistent with the management plan adopted under Section 2171.104.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 24, 2023.

TRD-202302621

Heather Bounds

Government Affairs Specialist

Texas State Soil and Water Conservation Board

Effective date: August 13, 2023

Proposal publication date: April 21, 2023

For further information, please call: (254) 778-8741

CHAPTER 523. AGRICULTURAL AND SILVICULTURAL WATER QUALITY MANAGEMENT

31 TAC §523.6

The Texas State Soil and Water Conservation Board (Board) has completed the review of Title 31, Texas Administrative Code, Part 17, Chapter 523.6(e)(5), which limits the amount of cost share incentive funding per operating unit to $15,000. The agency adopted without changes the amendment to remove the amount from rule and base it on a routine state board decision within the Water Quality Management Plan Program. This rule was published for comment in the May 5, 2023, issue of the Texas Register (48 TexReg 2320). The rule will not be republished.

With the enactment of Senate Bill 503 (73rd Regular Session - Sims / Counts) in 1993, the Texas Legislature designated the Texas State Soil and Water Conservation Board (TSSWCB) the lead agency in the state for the abatement, management, and prevention of nonpoint source pollution from agricultural or silvicultural sources. Additionally, the Legislature authorized the agency to administer a certified Water Quality Management Plan (WQMP) Program, complete with a cost-share program to incentivize participation and offset the cost of implementing soil and water land improvement measures for lands within the state. While the TSSWCB makes the program available on a statewide basis, the State Board approves priorities based on activity and geography to target the cost-share incentive funding to the areas of the state that exhibit the most need for nonpoint source pollution abatement.

The amendment will identify the maximum allowable amount of cost-share funds that may be applied to any single operating unit and will be adopted by the State Board prior to the beginning of each biennium. This provision applies only to general revenue funds appropriated by the Texas Legislature to assist program participants with the implementation of soil and water conservation land improvement measures as allowed by Agriculture Code §201.301. In cases where the funding for cost-share incentives originates from sources other than appropriations made directly to this program by the Texas Legislature, the maximum allowable amount of cost-share incentive funding per operating unit will be established by the terms of the contractual agreement providing the funds until otherwise specified by the State Board.

The board received no comments in response to its request for comment published in the May 5, 2023, issue of the Texas Register (48 TexReg 2320).

The amendment is adopted under the Texas Agriculture Code, title 7, Chapter 201, §201.020, which authorizes the State Board to adopt rules that are necessary for the performance of its functions under the Agriculture Code.

No other statutes, articles, or codes are affected by this amendment.