30 TAC §11.1
The Texas Commission on Environmental Quality (TCEQ,
agency, commission) adopts the amendment to §11.1 without change
to the proposed text as published in the November 30, 2012, issue
of the
Texas Register
(37 TexReg 9466)
and will not be republished.
Background and Summary of the Factual Basis for the Adopted Rule
The Texas Comptroller of Public Accounts (Comptroller) conducted
a disparity study in 2009 and as the result of the new study, made
revisions to 34 TAC Part 1, Chapter 20, Subchapter B (Historically
Underutilized Business (HUB) rules). These revisions became effective
on September 14, 2011. A state agency is required by Texas Government
Code, §2161.003 to adopt the HUB rules. TCEQ's current rule adopting
the HUB rules by reference refers to a previous version of the rule
and does not reflect the current numbering of the rule.
Section Discussion
§11.1, Historically Underutilized
Business Program
The commission adopts the amendment to §11.1 to update the
reference to the Texas Comptroller of Public Accounts HUB rules. Should
TCEQ not adopt this amended rule, TCEQ's rule will reference outdated
HUB rules and incorrect rule numbers.
Final Regulatory Impact Determination
The commission reviewed the adopted amendment in light of the regulatory
analysis requirements of Texas Government Code, §2001.0225, and
determined that the adopted amendment is not subject to Texas Government
Code, §2001.0225, because it does not meet the definition of
a "major environmental rule." The intent of the adopted rulemaking
is to reflect the current numbering of the Comptroller's HUB rules.
The changes are not expressly to protect the environment and reduce
risks to human health and environment.
The commission invited public comment regarding the draft regulatory
impact analysis determination during the public comment period. No
comments were received.
Takings Impact Assessment
The commission evaluated this adopted rule and performed an assessment
of whether this adopted amendment constitutes a taking under Texas
Government Code, Chapter 2007. The specific purpose of this amendment
is to update and correct references to rules. Promulgation and enforcement
of this adopted amendment would be neither a statutory nor a constitutional
taking of private real property. Specifically, the subject adopted
regulations do not affect a landowner's rights in private real property
because this rulemaking does not burden (constitutionally); nor restrict
or limit the owner's right to property and reduce its value by 25%
or more beyond that which would otherwise exist in the absence of
the regulations. Therefore, there are no burdens imposed on private
real property.
Consistency with the Coastal Management Program
The commission reviewed the adopted rule and found that it is neither
identified in Coastal Coordination Act Implementation Rules, 31 TAC §505.11(b)(2)
or (4), nor will it affect any action/authorization identified in
Coastal Coordination Act Implementation Rules, 31 TAC §505.11(a)(6).
Therefore, the adopted rule is not subject to the Texas Coastal Management
Program.
The commission invited public comment regarding the consistency
with the coastal management program during the public comment period.
There were no comments received.
Public Comment
The comment period closed on January 7, 2013. No comments were
received.
Statutory Authority
The amendment is adopted under the Texas Water Code, §5.013,
Rules, which provides the commission with the authority to adopt rules
necessary to carry out its powers and duties under the Texas Water
Code and any other laws of the state.
The adopted amendment implements the Texas Comptroller of Public
Account's Historically Underutilized Business rules under 34 TAC Part
1, Chapter 20, Subchapter B, as required by Texas Government Code, §2161.003.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on April 26, 2013.
TRD-201301666
David Timberger
Director, General Law Division
Texas Commission on Environmental Quality
Effective date: May 16, 2013
Proposal publication date: November 30, 2012
For further information, please call: (512) 239-0779