PART 10. TEXAS WATER DEVELOPMENT BOARD
CHAPTER 353. INTRODUCTORY PROVISIONS
SUBCHAPTER G. TEXAS GEOGRAPHIC INFORMATION OFFICE (TxGIO)
The Texas Water Development Board (TWDB) adopts 31 Texas Administrative Code §§353.100 - 353.103. The proposal is adopted without changes as published in the November 1, 2024, issue of the Texas Register (49 TexReg 8695). The rules will not be republished.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE ADOPTED AMENDMENT.
The TWDB adopts various sections of 31 TAC Chapter 353, Subchapter G in order to implement House Bill (HB) 2489 passed during the 88th Texas Legislative Session. HB 2489 renamed the "Texas Natural Resources Information Office (TNRIS)" to the "Texas Geographic Information Office (TxGIO)." The purpose of this bill was to better reflect the core mission and concept of the office, which these rules would implement. The changes amend the header for Subchapter G and text throughout the subchapter to reflect the new name.
Additionally, the TWDB makes various changes to update terminology and procedures to match current agency and industry practice. The TWDB also adopts non-substantive changes for grammatical or clarity purposes.
SECTION BY SECTION DISCUSSION OF ADOPTED AMENDMENTS.
The header to Subchapter G is redesignated as "Texas Geographic Information Office (TxGIO)" to reflect the name change from HB 2489.
Section 353.100. Partnerships with Value-Added Service Providers.
Terminology throughout this rule is updated from "Texas Natural Resources Information System" or "TNRIS" to "Texas Geographic Information Office" or "TxGIO." The TWDB also adopts amendments to the language related to establishing value-added partnerships and the associated written agreements to align with agency practice. The TWDB adds detail in rule related to these partnerships, as required by Texas Water Code §16.021(b). The changes also include non-substantive grammatical changes.
Section 353.101. Other Partnerships.
Terminology throughout this rule is updated from "TNRIS" to "TxGIO."
Section 353.102. Definitions.
Terminology throughout this rule is updated from "Texas Natural Resources Information System" or "TNRIS" to "Texas Geographic Information Office" or "TxGIO."
The adopted rule replaces the definition of "High priority imagery and datasets (HPIDS)" with a new definition for "Strategic Mapping (StratMap) datasets" to align with the current agency and industry naming convention and practice. The adopted rule adds a definition for "Texas Geographic Information Office" in order to establish "TxGIO" as the abbreviation and to clarify that this same entity was formerly known as "Texas Natural Resources Information System" or "TNRIS." Finally, the rule amends the definition of "State Agency" to include those institutions of higher education that qualify as state agencies under the rule. The changes also include non-substantive grammatical changes.
Section 353.103. State Agency Geographic Information Standards.
Terminology throughout this rule is updated from "Texas Natural Resources Information System" or "TNRIS" to "Texas Geographic Information Office" or "TxGIO." Additionally, terminology is updated from "HPIDS datasets" to "StratMap datasets" to reflect the newly defined terms. The changes also include non-substantive grammatical changes.
REGULATORY IMPACT ANALYSIS DETERMINATION (Texas Government Code §2001.0225)
The TWDB reviewed the rulemaking in light of the regulatory analysis requirements of Texas Government Code §2001.0225 and determined that the rulemaking is not subject to Texas Government Code §2001.0225, because it does not meet the definition of a "major environmental rule" as defined in the Administrative Procedure Act. A "major environmental rule" is defined as a rule with the specific intent to protect the environment or reduce risks to human health from environmental exposure, a rule that may adversely affect in a material way the economy or a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. The intent of the rulemaking is to clarify requirements for TxGIO partnerships and better reflect the core mission and concept of the office.
Even if the rule were a major environmental rule, Texas Government Code §2001.0225 still would not apply to this rulemaking because Texas Government Code §2001.0225 only applies 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 delegation 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. This rulemaking does not meet any of these four applicability criteria because it: (1) does not exceed any federal law; (2) does not exceed an express requirement of state law; (3) does not exceed a requirement of a delegation agreement or contract between the state and an agency or representative of the federal government to implement a state and federal program; and (4) is not adopted solely under the general powers of the agency, but rather Texas Water Code §16.021. Therefore, this rule does not fall under any of the applicability criteria in Texas Government Code §2001.0225.
TAKINGS IMPACT ASSESSMENT (Texas Government Code §2007.043)
The TWDB evaluated this rule and performed an analysis of whether it constitutes a taking under Texas Government Code, Chapter 2007. The specific purpose of this rule is to clarify requirements for TxGIO partnerships and better reflect the core mission and concept of the office. The rule would substantially advance this stated purpose by aligning terminology and procedure with agency practice and by implementing HB 2489 (88R).
The TWDB's analysis indicates that Texas Government Code, Chapter 2007 does not apply to this rule because this is an action that is reasonably taken to fulfill an obligation mandated by state law, which is exempt under Texas Government Code §2007.003(b)(4). The TWDB is the agency that houses the Texas Geographic Information Office.
Nevertheless, the TWDB further evaluated this rule and performed an assessment of whether it constitutes a taking under Texas Government Code Chapter 2007. Promulgation and enforcement of this rule would be neither a statutory nor a constitutional taking of private real property. Specifically, the subject rule does not affect a landowner's rights in private real property because this rulemaking does not burden, restrict, or limit the owner's right to property and reduce its value by 25% or more beyond that which would otherwise exist in the absence of the regulation. In other words, this rule establishes procedures and information related to the Texas Geographic Information Office. Therefore, the rule does not constitute a taking under Texas Government Code, Chapter 2007.
PUBLIC COMMENTS (Texas Government Code §2001.033(a)(1))
The comment period ended on December 2, 2024. No comments were received.
STATUTORY AUTHORITY (Texas Government Code §2001.033(a)(2))
The amendment is adopted under the authority of Texas Water Code §6.101, which provides the TWDB with the authority to adopt rules necessary to carry out the powers and duties in the Water Code and other laws of the State, and also under the authority of Water Code §16.021.
This rulemaking affects Texas Water Code, Chapter 16.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 13, 2025.
TRD-202500503
Ashley Harden
General Counsel
Texas Water Development Board
Effective date: March 5, 2025
Proposal publication date: November 1, 2024
For further information, please call: (512) 475-1643