Proposed Rules Title 13

TITLE 13. CULTURAL RESOURCES

PART 3. TEXAS COMMISSION ON THE ARTS

CHAPTER 35. A GUIDE TO OPERATIONS, PROGRAMS AND SERVICES

13 TAC §35.1

The Texas Commission on the Arts (commission) proposes the amendment of §35.1 concerning a Guide to Operations.

The purpose of the proposed amendment is to be consistent with changes to programs and services of the commission and change the name of the Guide to Operations as outlined in the Guide to Programs and Services as amended October 2008.

Gary Gibbs, Executive Director, Texas Commission on the Arts, has determined that, for the first five-year period the amendment is in effect, there will be no fiscal implications for state or local government as a result of enforcing the amendment as proposed.

Mr. Gibbs also has determined that, for each year of the first five years the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the amendment will be the ability to utilize federal and state financial assistance funds in a more effective manner, thereby allowing more Texas organizations, communities, and citizens to participate in agency programs. There is no anticipated economic cost to persons who are required to comply with the amendment as proposed. There will be no effect to small or micro businesses.

Comments on the proposal may be submitted to Gaye Greever McElwain, Texas Commission on the Arts, P.O. Box 13406, Austin, Texas 78711-3406. Comments will be accepted through 5:00 p.m. on November 14, 2008.

The amendment is proposed under the Government Code, §444.009, which provides the Texas Commission on the Arts with the authority to make rules and regulations for its government and that of its officers and committees.

No other statutes, articles, or codes are affected by this proposal.

§35.1. A Guide to Programs and Services [ ~~A Guide to Operations~~ ].

The commission adopts by reference A Guide to Programs and Services (revised October 2008) [~~A Guide to Operations (revised October 2007)~~ ]. This document is published by and available from the Texas Commission on the Arts, P.O. Box 13406, Austin, Texas 78711. This document is also available online at www.arts.state.tx.us.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 29, 2008.

TRD-200805711

Gary Gibbs, Ph.D.

Executive Director

Texas Commission on the Arts

Earliest possible date of adoption: December 14, 2008

For further information, please call: (512) 936-6562

13 TAC §35.2

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Commission on the Arts or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Commission on the Arts (commission) proposes to repeal §35.2, concerning a Guide to Operations, Programs and Services.

The purpose of the proposed repeal is to be consistent with changes to programs and services of the commission as outlined in the Guide to Programs and Services as amended October 2008 in §35.1.

Gary Gibbs, Executive Director, Texas Commission on the Arts, has determined that, for the first five-year period the repeal is in effect, the anticipated public benefit will be the repeal of obsolete material thereby clarifying correct information for Texas organizations and citizens. There will be no fiscal implications for state or local government as a result of enforcing the repeal as proposed.

Mr. Gibbs also has determined that, for each year of the first five years the proposed repeal is in effect, there is no anticipated economic cost to persons who are required to comply with the repeal as proposed. There will be no effect to small or micro businesses.

Comments on the proposed repeal may be submitted to Gaye Greever McElwain, Texas Commission on the Arts, P.O. Box 13406, Austin, Texas 78711-3406. Comments will be accepted through 5:00 p.m. on November 14, 2008.

The repeal is proposed under the Government Code, §444.009, which provides the Texas Commission on the Arts with the authority to make rules and regulations for its government and that of its officers and committees.