Texas Register, Volume 42, Number 43, Pages 5913-6056, October 27, 2017 Page: 6,015
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frame for telephonic or electronic notifications of accidents and
incidents and added provisions setting up cost recovery for
design reviews of certain new projects, providing a renewal pro-
cedure for expiring special permits, and setting out the process
for requiring protection of confidential commercial information.
PHMSA also amended the drug and alcohol testing require-
ments and incorporated consensus standards by reference for
in-line inspection (IL) and Stress Corrosion Cracking Direct
Assessment (SCCDA). The final rule was effective March 24,
2017.
Docket PHMSA-2011-0009, published at 81 Fed. Reg. 70987,
amended 49 CFR Part 192 to require an excess flow valve (EFV)
on new or replaced branched service lines servicing single-fam-
ily residences, multifamily residences, and small commercial en-
tities consuming gas volumes not exceeding 1,000 Standard Cu-
bic Feet per Hour (SCFH). PHMSA also changed Part 192 to re-
quire manual service line shut-off valves or EFVs, if appropriate,
for new or replaced service lines with meter capacities exceed-
ing 1,000 SCFH. Finally, the rule required operators to notify cus-
tomers of their right to request installation of an EFV on service
lines that are not being newly installed or replaced. The final rule
was effective April 14, 2017.
The Commission received no comments on the proposed
amendment.
The Commission adopts the amendment under Texas Natural
Resources Code, 81.051 and 81.052, which give the Commis-
sion jurisdiction over all common carrier pipelines in Texas, per-
sons owning or operating pipelines in Texas, and their pipelines
and oil and gas wells, and authorize the Commission to adopt all
necessary rules for governing and regulating persons and their
operations under the jurisdiction of the Commission, including
such rules as the Commission may consider necessary and ap-
propriate to implement state responsibility under any federal law
or rules governing such persons and their operations; Texas Nat-
ural Resources Code, 117.001-117.101, which give the Com-
mission jurisdiction over all pipeline transportation of hazardous
liquids or carbon dioxide and over all hazardous liquid or car-
bon dioxide pipeline facilities as provided by 49 U.S.C. Section
60101, et seq.; and Texas Utilities Code, 121.201-121.210,
which authorize the Commission to adopt safety standards and
practices applicable to the transportation of gas and to associ-
ated pipeline facilities within Texas to the maximum degree per-
missible under, and to take any other requisite action in accor-
dance with, 49 United States Code Annotated, 60101, et seq.
Statutory authority: Texas Natural Resources Code, 81.051,
81.052, and 117.001-117.101; Texas Utilities Code,
121.201-121.211; 121.251 and 121.253, 121.5005-
121.507; and 49 United States Code Annotated, 60101, et
seq.
Cross-reference to statute: Texas Natural Resources Code,
Chapter 81 and Chapter 117; Texas Utilities Code, Chapter 121;
and 49 United States Code Annotated, Chapter 601.
Issued in Austin, Texas, on October 10, 2017.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on October 10,
2017.
TRD-201704074Haley Cochran
Rules Attorney, Office of General Counsel
Railroad Commission of Texas
Effective date: October 30, 2017
Proposal publication date: September 1, 2017
For further information, please call: (512) 475-1295
TITLE 19. EDUCATIONPART 2. TEXAS EDUCATION AGENCY
CHAPTER 33. STATEMENT OF INVESTMENT
OBJECTIVES, POLICIES, AND GUIDELINES
OF THE TEXAS PERMANENT SCHOOL FUND
SUBCHAPTER AA. COMMISSIONER'S
RULES
19 TAC 33.1001
The Texas Education Agency adopts an amendment to
33.1001, concerning payments for remittance to the Charter
District Bond Guarantee Reserve Fund. The amendment is
adopted with changes to the proposed text as published in the
August 25, 2017 issue of the Texas Register (42 TexReg 4220).
The adopted amendment changes the timing and amount of
payment by charter holders to the Charter District Bond Guaran-
tee Reserve Fund (Reserve Fund) established under the Texas
Education Code (TEC), 45.0571, as amended by Senate Bill
(SB) 1480, 85th Texas Legislature, Regular Session, 2017.
REASONED JUSTIFICATION. TEC, 45.0571, authorizes the
commissioner to establish rules related to the Charter District
Bond Guarantee Reserve Fund. The statute, as amended by SB
1480, 85th Texas Legislature, Regular Session, 2017, provides
that a charter district that has a bond guaranteed as provided
by TEC, Chapter 45, Subchapter C, must remit to the commis-
sioner, for deposit in the Reserve Fund, an amount equal to 20%
of the savings to the charter district resulting from the lower in-
terest rate on the bond due to the guarantee by the permanent
school fund.
The adopted amendment adds new subsection (c) applicable to
charter district bonds guaranteed under 19 TAC 33.67, Bond
Guarantee Program for Charter Schools, that receive final ap-
proval from the commissioner of education in the form of the
permanent school fund certificate on or after September 1, 2017.
The new subsection requires a payment from the charter district
that is equal to 20% of the savings on the bond due to the guar-
antee by the permanent school fund.
The payment is due within 30 days of bond closing and is calcu-
lated in a manner similar to the existing rule, with the differences
being that all amounts will be paid in one upfront payment and
the amounts for the savings in future years will be discounted to
their present value and included as part of the upfront payment.
The discount factor will be the yield to worst of the Bloomberg
Barclays US Aggregate 3-5 Year Bond Index on the last busi-
ness day of the previous month.
The adopted amendment also provides for the commissioner to
choose a replacement data source if the two indices referenced
in the rule become discontinued. The commissioner is allowed toADOPTED RULES October 27, 2017 42 TexReg 6015
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Texas. Secretary of State. Texas Register, Volume 42, Number 43, Pages 5913-6056, October 27, 2017, periodical, October 27, 2017; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth897027/m1/103/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.