PART 17. TEXAS STATE SOIL AND WATER CONSERVATION BOARD
CHAPTER 519. TECHNICAL ASSISTANCE
SUBCHAPTER A. TECHNICAL ASSISTANCE PROGRAM
The Texas State Soil and Water Conservation District Board proposes an amendment to the existing rule Title 31, Part 17, Subchapter A, §519.8, which limits the maximum pay for district employees. The agency is proposing the removal of the amount from the rule and basing the amount on a routine State Board decision every biennium.
Fiscal Note
Kenny Zajicek, Fiscal Officer, has determined that for each year of the first five years that the rule is in effect, there are no anticipated increases or reductions in costs to the state and local governments due to enforcing or administering the rule.
Kenny Zajicek, Fiscal Officer, has also determined that for each year of the first five years that the rule is in effect, there is no anticipated impact in revenue to state government as a result of enforcing or administering the rule.
Public Benefit and Cost Note
Kenny Zajicek, Fiscal Officer, has also determined that for each year of the first five years the rule is in effect, the anticipated public benefit will be to protect the public by establishing and maintaining a high standard of integrity, skills, and practice. By removing the rule for max pay for district employees, the Agency can recruit qualified personnel.
Local Employment Impact Statement
Kenny Zajicek, Fiscal Officer, has determined that the rule will not impact local employment or economy. The number of employees is finite. Thus, the board is not required to prepare a local employment impact statement pursuant to §2001.022, Government Code.
Economic Impact Statement and Regulatory Flexibility Analysis
Kenny Zajicek, Fiscal Officer, has determined that there are no anticipated adverse economic effects on small businesses, micro-businesses, or rural communities because of the rule. Thus, the Board is not required to prepare an economic impact statement or a regulatory flexibility analysis pursuant to §2006.002, Government Code, because the biennium budget allocates Technical Assistance Funds
Takings Impact Assessment
Kenny Zajicek, Fiscal Officer, has determined that no private real property interests are affected by the rule, as the rule does not concern real property. Thus, the board is not required to prepare a takings impact assessment pursuant to §2007.043, Government Code.
Public Benefit/Cost Note
Kenny Zajicek, Fiscal Officer, has determined, under Government Code §2001.024(a)(5), that for the first five-year period the amended rules are in effect, the public benefit will be efficient use of state resources. He further has determined there will be no probable economic cost to persons required to comply with the rule because the rule would provide funds to districts through the Technical Assistance Program.
Government Growth Impact Statement
For the first five years that the rule would be in effect, it is estimated that; the proposed rule would not create or eliminate a government program; implementation of the proposed rule would not require the creation of new employee positions or the elimination of existing employee positions; implementation of the proposed rule would not require an increase or decrease in future legislative appropriations to the agency; the proposed rule would not require an increase in the fees paid to the agency; the proposed rule would not create a new regulation; the proposed rule would not expand, limit, or repeal an existing regulation; the proposed rule would not increase or decrease the number of individuals subject to the rule's applicability; and the proposed rule would not positively or adversely affect the state's economy.
Environmental Rule Analysis
The proposed rule is not a "major environmental rule" as defined by Government Code §2001.0225. The proposed rule is not specifically intended to protect the environment or to reduce risks to human health from environmental exposure. Therefore, a regulatory environmental analysis is not required.
Request for Public Comments
The Texas State Soil and Water Conservation Board invites comments on the proposed rule amendment from any interested persons, including any member of the public. A written statement should be mailed or delivered to Heather Bounds, Texas State Soil and Water Conservation Board, 1497 Country View Lane, Temple, Texas 76504, or by e-mail to hbounds@TSSWCB.Texas.Gov Comments will be accepted for 30 days following publication in the Texas Register. Comments must be received within 30 days after the publication of this proposal to be considered.
Statutory Authority
This rule is proposed pursuant to Texas Agriculture Code §201.020(a) and §203.012 provides the basis for the TSSWCB to pass rules, which can be found in the Texas Administrative Code, Title 31 - Natural Resources and Conservation, Part 17 - Texas State Soil and Water Conservation Board and The General Appropriations Act, 88th(R) Strategy A.1.1. Riders 2&3.
No other statutes, articles, or codes are affected by the proposal.
§519.8.Eligible Pay Rates.
The State Board will establish a maximum hourly pay rate
prior to the beginning of each biennium. Established pay rates will
not exceed a 40-hour maximum per week. Expenditures for wages or salaries
above the maximum pay rate or expenditures for hours over the maximum
hours per week will not otherwise be eligible for reimbursement without
prior approval from the State Board. If no new rate is established,
the existing rate remains in effect. [hereby establishes
a maximum pay rate of $20.00 per hour not to exceed a maximum of 40
hours per week. With the prior approval of the State Board a district
may exceed the maximum pay rate or maximum hours per week. Expenditures
for wages or salaries that are above the maximum pay rate or expenditures
for hours over the maximum hours per week will not otherwise be eligible
for reimbursement.]
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 24, 2023.
TRD-202302622
Heather Bounds
Government Affairs Specialist
Texas State Soil and Water Conservation Board
Earliest possible date of adoption: September 3, 2023
For further information, please call: (254) 778-8741