Texas Register, Volume 32, Number 3, Pages 215-274, January 19, 2007 Page: 245
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The amendment will allow local governments to respond to up-
dates to international building codes and model flood ordinances
in a manner consistent with requirements of FEMA and the Na-
tional Flood Insurance Program to promote maintenance of safe,
accessible beaches.
MAJOR ENVIRONMENTAL RULE ANALYSIS
The Land Office has evaluated the adopted rulemaking action
in light of the regulatory analysis requirements of Texas Govern-
ment Code 2001.0225, and determined that the action is not
subject to 2001.0225 because it does not meet the definition
of a "major environmental rule" as defined in the statute. "Ma-
jor environmental rule" means a rule of which the specific intent
is to protect the environment or reduce risks to human health
from environmental exposures and that may adversely affect, in
a material way, the economy, a sector of the economy, productiv-
ity, competition, jobs, the environment, or the public health and
safety of the state or a sector of the state. The amendment is not
anticipated to 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 because the adopted rulemaking implements leg-
islative requirements in Texas Natural Resources Code 61.011,
which provides the GLO with the authority to adopt rules to pre-
serve and enhance the public's right to use and have access to
and from the public beaches of Texas.
STATUTORY AUTHORITY
The amendment is adopted under the Texas Natural Resources
Code, 61.011(d)(2) and (6) which provides the Land Commis-
sioner with the authority to adopt rules concerning protection of
the public beach easement from erosion or reduction caused
by development or other activities on adjacent land, and con-
struction on land adjacent to and landward of public beaches;
and Texas Natural Resources Code 63.121 which provides the
Land Office with authority to adopt rules for protection of critical
dune areas.
Texas Natural Resources Code, 61.011 and 63.121 are af-
fected by the adopted amendment.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on January 5, 2007.
TRD-200700026
Trace Finley
Policy Director
General Land Office
Effective date: January 25, 2007
Proposal publication date: November 3, 2006
For further information, please call: (512) 475-1859
TITLE 37. PUBLIC SAFETY AND CORREC-
TIONS
PART 1. TEXAS DEPARTMENT OF
PUBLIC SAFETYCHAPTER 4. COMMERCIAL VEHICLE
REGULATIONS AND ENFORCEMENT
PROCEDURES
SUBCHAPTER A. REGULATIONS
GOVERNING HAZARDOUS MATERIALS
37 TAC 4.1
The Texas Department of Public Safety (Department) adopts
amendments to Chapter 4, Subchapter A, 4.1, concerning Reg-
ulations Governing Hazardous Materials, without changes to the
proposed text as published in the November 24, 2006, issue of
the Texas Register (31 TexReg 9569).
Adopted amendments to 4.1 are necessary in order to ensure
that the Federal Hazardous Material Regulations, incorporated
by reference in the section, reflect all amendments and interpre-
tations issued through November 1, 2006.
On November 30, 2006, the Department held a public hearing to
receive comments from all interested persons regarding adop-
tion of the amendments. No comments were received regarding
adoption of the amendments.
The amendments are adopted pursuant to Texas Government
Code, 411.018, which authorizes the director to adopt all or part
of the federal hazardous materials rules by reference and Texas
Transportation Code, 644.051, which authorizes the director to
adopt all or part of the federal safety regulations by reference.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on January 8, 2007.
TRD-200700027
Thomas A. Clark, Jr.
Director
Texas Department of Public Safety
Effective date: January 28, 2007
Proposal publication date: November 24, 2006
For further information, please call: (512) 424-2135
SUBCHAPTER B. REGULATIONS
GOVERNING TRANSPORTATION SAFETY
37 TAC 4.11 - 4.13
The Texas Department of Public Safety (Department) adopts
amendments to Chapter 4, Subchapter B, 4.11 - 4.13, con-
cerning Regulations Governing Transportation Safety, without
changes to the proposed text as published in the November 24,
2006, issue of the Texas Register (31 TexReg 9570).
Adopted amendments to 4.11 (a) are necessary in order ensure
that the Federal Motor Carrier Safety Regulations, incorporated
by reference in the section, reflect all amendments and interpre-
tations issued through November 1, 2006. The adopted amend-
ment to 4.11(c)(2) is necessary so that the language in this
provision is consistent with amended language recently made
in Title 49, Code of Federal Regulations, Part 392.9a, to which
it refers.ADOPTED RULES January 19, 2007 32 TexReg 245
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Texas. Secretary of State. Texas Register, Volume 32, Number 3, Pages 215-274, January 19, 2007, periodical, January 19, 2007; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97380/m1/29/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.