Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,943
7533-7814 p. ; 28 cm.View a full description of this periodical.
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30, 1999 be delivered by February 26, 2000. The provision is
obsolete and no longer necessary.
The proposed amendment to 51.300, concerning Definitions,
would delete the definition of "commercial customer information"
in 51.300(2) and replace it with "nonrecreational customer infor-
mation" in 51.300(7). Provisions of Subchapter K address the
handling of certain types of customer information. The reference
to department customers who are not recreational customers as
"nonrecreational" customers is more accurate than "commercial
customers."
The proposed amendment to 51.303 would replace the term
"commercial customer information" with "nonrecreational cus-
tomer information" to conform this section to the terminology
change described in connection with the proposed change to
51.300.
The proposed amendment to 51.304, concerning Exceptions,
would alter subsection (b)(4)(D), which addresses the confiden-
tiality of commercial customer and magazine subscriber infor-
mation. Under the current rule, a commercial customer or Texas
Parks and Wildlife Magazine subscriber may elect to exclude his
or her customer information from disclosure or "opt out" of the
disclosure provisions. The proposed amendment would elimi-
nate the "opt out" mechanism. However, it continues to be the
department's intent to follow magazine industry standards (such
as the Audit Bureau of Circulation) regarding disclosure of mag-
azine customer information. The proposed amendment is in-
tended to enhance transparency in the handling of agency in-
formation. The department notes that the proposed amendment
does not affect the confidentiality of information collected from
purchasers of recreational licenses and permits or any other per-
sonal information that is required to be kept confidential by law.
The proposed amendment to 51.601, concerning General Re-
quirements, would alter subsection (d) to remove the universal
expiration date applicable to all department advisory commit-
tees. The department intends to establish or reauthorize advi-
sory committees as necessary on a case-by-case basis within
the regulation governing each specific department advisory com-
mittee establishing the expiration date of the advisory committee.
Mr. Robert Macdonald, Regulations Coordinator, has deter-
mined that for each of the first five years that the rules as
proposed are in effect, there will be no fiscal implications to state
and local governments as a result of enforcing or administering
the rules.
Mr. Macdonald also has determined that for each of the first
five years the rules as proposed are in effect, the public benefit
anticipated as a result of enforcing or administering the rule as
proposed will be clearer, better organized, and more effective
regulations governing the processes and entities administered
under the provisions of Chapter 51.
There will be no adverse economic effect on persons required to
comply with the rules as proposed.
Under the provisions of Government Code, Chapter 2006, a
state agency must prepare an economic impact statement and
a regulatory flexibility analysis for a rule that may have an ad-
verse economic effect affect on small businesses and micro-
businesses. As required by Government Code, 2006.002(g),
the Office of the Attorney General has prepared guidelines to
assist state agencies in determining a proposed rule's potential
adverse economic impact on small businesses. Those guide-
lines state that an agency need only consider a proposed rule's"direct adverse economic impacts" to small businesses and mi-
cro-businesses to determine if any further analysis is required.
For that purpose, the department considers "direct economic im-
pact" to mean a requirement that would directly impose record-
keeping or reporting requirements; impose taxes or fees; result
in lost sales or profits; adversely affect market competition; or
require the purchase or modification of equipment or services.
The department has determined that the rules as proposed will
not have an adverse on small businesses or microbusinesses;
therefore, the department has determined that a regulatory flex-
ibility analysis under Government Code, Chapter 2006, is not
necessary.
The department has not drafted a local employment impact
statement under the Administrative Procedure Act, 2001.022,
as the agency has determined that the rules as proposed will
not impact local economies.
The department has determined that there will not be a taking of
private real property, as defined by Government Code, Chapter
2007, as a result of the proposed rules.
Comments on the proposed rule may be submitted to Robert
Macdonald, Texas Parks and Wildlife Department, 4200 Smith
School Road, Austin, Texas 78744; (512) 389-4775 (e-mail:
robert. macdonald@tpwd.state.tx. us).
SUBCHAPTER A. PROCEDURES FOR THE
ADOPTION OF RULES
31 TAC 51.3
The amendments are proposed under Government Code,
2001.021, which requires each state agency to prescribe by
rule the form for petitions for adoption of rules and the procedure
for submission, consideration, and disposition of such petitions.
The proposed amendment affects Government Code, Chapters
2001.
51.3. Consideration and Disposition of Petitions.for Rulemaking.
(a) (No change.)
(b) Within 15 [l4] days of receiving a petition, agency per-
sonnel shall make a recommendation to the executive director to either
deny the petition or initiate rulemaking, and shall include reasons for
the recommendation.
(c) - (e) (No change.)
(f) In the event that rulemaking is to be initiated as a result of a
petition involving any portion of Chapter 65, Subchapter A of this title
(relating to Statewide Hunting [and Fishing] Proclamation) or Chapter
57, Subchapter N of this title (relating to Statewide Recreational and
Commercial Fishing Proclamation), the department may defer the rule-
making activity until such time as it initiates other rulemaking activity
involving Chapter 65, Subchapter A of this title or Chapter 57, Sub-
chapter N of this title.
(g) (No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on September 24,
2012.
TRD-201205048PROPOSED RULES October 5, 2012 37 TexReg 7943
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Texas. Secretary of State. Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012, periodical, October 5, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth288982/m1/129/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.