Below is a spotlight on the proposed, withdrawn, and adopted rules from the March 10 edition of the Texas Register.

Environment

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

Proposed Rules

  • TRAINING30 TAC §9.20 -the purposed rules would establish a family sick leave pool program and follow similar administrative procedures to the sick leave pool program to incorporate HB 2063 87th Texas Legislature, 2021. Public comment period begins March 10, 2023 and ends April 10, 2023. The earliest possible date of adoption is April 9, 2023.
  • CONTROL OF AIR POLLUTION BY PERMITS FOR NEW CONSTRUCTION OR MODIFICATION30 TAC §116.615 – The proposed rule is intended to address the possibility of situations where an applicant initially represents that a concrete batch plant will be located greater than 440 yards from a potentially affected person, but subsequently moves the plant to within 440 yards of a potentially affected person after the registration is issued.. Public comment period begins March 10, 2023 and ends April 10, 2023. The earliest possible date of adoption is April 9, 2023.
  • ABOVEGROUND STORAGE VESSEL SAFETY PROGRAM- 30 TAC §§338.1 – 338.3, 338.5, 338.7, 338.9 30 TAC §§338.20 – 338.22 The proposed rule is necessary to implement SB 900, 87th Texas Legislature, which requires the establishment of the new ASVS Program in the state. Public comment period begins March 10, 2023 and ends April 10, 2023. The earliest possible date of adoption is April 9, 2023.

Other

COMPTROLLER OF PUBLIC ACCOUNTS

Adopted Rules

  • TAX ADMINISTRATION34 TAC §3.591 –The amended rule replaces “equipment” with “property” to recognize that, in some cases, property may be used to perform services, and the property may not be equipment.  The adopted rule provide additional guidance for determining the fair value of services when they are performed both inside and outside of Texas for a single charge. The effective date of adoption is March 14, 2023.