Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,389
8313-8478 p. ; 28 cm.View a full description of this periodical.
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financial benefit from the additional funds if they were approved
for the LDPLI for the purchase or lease of an eligible vehicle.
Small Business and Micro-Business Assessment
No adverse fiscal implications are anticipated for small or mi-
cro-businesses for the first five-year period the proposed rules
are in effect. The LDPLI is a voluntary incentive program and the
proposed rules do not provide any new regulatory requirements.
Eligible small businesses may apply for the $2,500 vehicle in-
centive and receive financial benefit from the additional funds if
they were approved for the LDPLI.
Small Business Regulatory Flexibility Analysis
The commission has reviewed this proposed rulemaking and de-
termined that a small business regulatory flexibility analysis is not
required because the proposed rules do not adversely affect a
small or micro-business in a material way for the first five years
that the proposed rules are in effect.
Local Employment Impact Statement
The commission has reviewed this proposed rulemaking and de-
termined that a local employment impact statement is not re-
quired because the proposed rules do not adversely affect a lo-
cal economy in a material way for the first five years that the
proposed rules are in effect.
Draft Regulatory Impact Analysis Determination
The commission reviewed the proposed rulemaking in light of the
regulatory impact analysis requirements of Texas Government
Code, 2001.0225, and determined that the proposed rulemak-
ing does not meet the definition of a "major environmental rule"
as defined in that statute. A "major environmental rule" means
a rule, the specific intent of which is to protect the environment
or reduce risks to human health from environmental exposure,
and that may adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the envi-
ronment, or the public health and safety of the state or a sector of
the state. Additionally, the proposed rulemaking does not meet
any of the four applicability criteria for requiring a regulatory im-
pact analysis for a major environmental rule, which are listed in
Texas Government Code, 2001.0225(a). Texas Government
Code, 2001.0225, applies only to a major environmental rule,
the result of which is to: 1) exceed a standard set by federal law,
unless the rule is specifically required by state law; 2) exceed an
express requirement of state law, unless the rule is specifically
required by federal law; 3) exceed a requirement of a delega-
tion agreement or contract between the state and an agency or
representative of the federal government to implement a state
and federal program; or 4) adopt a rule solely under the general
powers of the agency instead of under a specific state law.
The amended Chapter 114 rules are proposed in accordance
with SB 1727, 83rd Legislature, 2013, which amended THSC,
Chapter 386. The proposed rules add or revise guidelines for
a voluntary grant. Because the proposed rules place no invol-
untary requirements on the regulated community, the proposed
rules would not adversely affect in a material way the economy,
a sector of the economy, productivity, competition, jobs, the en-
vironment, or public health and safety of the state or sector of the
state. In addition, none of these amendments place additional
financial burdens on the regulated community.
The commission's interpretation of the regulatory impact anal-
ysis requirements is also supported by a change made to the
Texas Administrative Procedure Act (APA) by the legislature in1999. In an attempt to limit the number of rule challenges based
upon APA requirements, the legislature clarified that state agen-
cies are required to meet these sections of the APA against the
standard of "substantial compliance." The legislature specifically
identified Texas Government Code, 2001.0225, as falling under
this standard. The commission has substantially complied with
the requirements of Texas Government Code, 2001.0225.
Written comments on the draft regulatory impact analysis deter-
mination may be submitted to the contact person at the address
listed under the Submittal of Comments section of this preamble.
Takings Impact Assessment
The commission evaluated the proposed rulemaking and per-
formed an analysis of whether the proposed rulemaking consti-
tutes a taking under Texas Government Code, Chapter 2007.
The commission's preliminary assessment indicates Texas Gov-
ernment Code, Chapter 2007, does not apply.
Under Texas Government Code, 2007.002(5), taking means:
(A) a governmental action that affects private real property, in
whole or in part or temporarily or permanently, in a manner that
requires the governmental entity to compensate the private real
property owner as provided by the Fifth and Fourteenth Amend-
ments to the United States Constitution or Section 17 or 19, Ar-
ticle I, Texas Constitution; or (B) a governmental action that: (i)
affects an owner's private real property that is the subject of the
governmental action, in whole or in part or temporarily or perma-
nently, in a manner that restricts or limits the owner's right to the
property that would otherwise exist in the absence of the govern-
mental action; and (ii) is the producing cause of a reduction of at
least 25% in the market value of the affected private real prop-
erty, determined by comparing the market value of the property
as if the governmental action is not in effect and the market value
of the property determined as if the governmental action is in ef-
fect.
Promulgation and enforcement of the proposed rulemaking
would be neither a statutory nor a constitutional taking of private
real property. The primary purpose of the rulemaking is to
amend Chapter 114 in accordance with the amendments to
THSC, Chapter 386 as a result of SB 1727, 83rd Legislature,
2013. The rules make revisions to a voluntary program and
only affect motor vehicles that are not considered to be private
real property. The proposed rulemaking does not affect a
landowner's rights in private real property because this rule-
making does not burden, restrict, or limit the owner's right to
property, nor does it reduce the value of any private real property
by 25% or more beyond that which would otherwise exist in the
absence of the regulations. Therefore, these proposed rules
would not constitute a taking under Texas Government Code,
Chapter 2007.
Consistency with the Coastal Management Program
The commission reviewed the proposed rulemaking and found
the proposal is a rulemaking identified in the Coastal Coordina-
tion Act Implementation Rules, 31 TAC 505.11(b)(2), relating to
rules subject to the Texas Coastal Management Program (CMP),
and will, therefore, require that goals and policies of the CMP be
considered during the rulemaking process. The commission re-
viewed this action for consistency with the CMP goals and poli-
cies in accordance with the regulations of the Coastal Coordina-
tion Advisory Committee and determined that the rulemaking for
Chapter 114 does not impact any CMP goals or policies because
it revises a voluntary incentive grant program and does not gov-
ern air pollution emissions.PROPOSED RULES November 22, 2013 38 TexReg 8389
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Texas. Secretary of State. Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013, periodical, November 22, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379965/m1/77/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.