PART 17. TEXAS STATE SOIL AND WATER CONSERVATION BOARD
CHAPTER 517. FINANCIAL ASSISTANCE
SUBCHAPTER A. CONSERVATION ASSISTANCE
The Texas State Soil and Water Conservation District Board proposes an amendment to the existing rule Title 31, Part 17, Chapter 517, Subchapter A, §517.3, which outlines that conservation assistance funds can be used to support districts in administering conservation programs, including covering some travel expenses, within specified limits.
Fiscal Note
Kenny Zajicek, Fiscal Officer, has determined that for each year of the first five years that the proposed amended rule is in effect, there are no anticipated increases or reductions in costs to the state and local governments due to enforcing or administering the rule.
Kenny Zajicek, Fiscal Officer, has also determined that for each year of the first five years that the proposed amended rule is in effect, there is no anticipated impact in revenue to state government as a result of enforcing or administering the rule.
Public Benefit and Cost Note
Kenny Zajicek, Fiscal Officer, has also determined that for each year of the first five years the proposed amended rule is in effect, the anticipated public benefit will be to protect the public by establishing and maintaining a high standard of integrity, skills, and practice.
Local Employment Impact Statement
Kenny Zajicek, Fiscal Officer, has determined that the proposed amended rule will not impact local employment or economy. Thus, the board is not required to prepare a local employment impact statement pursuant to §2001.022, Government Code.
Economic Impact Statement and Regulatory Flexibility Analysis
Kenny Zajicek, Fiscal Officer, has determined that there are no anticipated adverse economic effects on small businesses, micro-businesses, or rural communities because of the proposed amended rule. Thus, the Board is not required to prepare an economic impact statement or a regulatory flexibility analysis pursuant to §2006.002, Government Code.
Takings Impact Assessment
Kenny Zajicek, Fiscal Officer, has determined that no private real property interests are affected by the proposed amended rule. Thus, the board is not required to prepare a takings impact assessment pursuant to §2007.043, Government Code.
Public Benefit/Cost Note.
Kenny Zajicek, Fiscal Officer, has determined, under Government Code §2001.024(a)(5), that for the first five-year period, the proposed amended rules are in effect, the public benefit will be an efficient use of state resources. He further has determined there will be no probable economic cost to persons required to comply with the proposed amendedrule.
Government Growth Impact Statement
For the first five years that the proposed amended rule would be in effect, it is estimated that; the proposed rule would not create or eliminate a government program; implementation of the proposed rule would not require the creation of new employee positions or the elimination of existing employee positions; implementation of the proposed rule would not require an increase or decrease in future legislative appropriations to the agency; the proposed rule would not require an increase in the fees paid to the agency; the proposed rule would not create a new regulation; the proposed rule would not expand, limit, or repeal an existing regulation; the proposed rule would not increase or decrease the number of individuals subject to the rule's applicability; and the proposed rule would not positively or adversely affect the state's economy.
Environmental Rule Analysis
The proposed amended rule is not a "major environmental rule" as defined by Government Code §2001.0225. The proposed rule is not specifically intended to protect the environment or to reduce risks to human health from environmental exposure. Therefore, a regulatory environmental analysis is not required.
Request for Public Comments
The Texas State Soil and Water Conservation Board invites comments on the proposed amended rule from any interested persons, including any member of the public. A written statement should be mailed or delivered to Heather Bounds, Texas State Soil and Water Conservation Board, 1497 Country View Lane, Temple, Texas 76504, or by e-mail to hbounds@TSSWCB.Texas.Gov Comments will be accepted for 30 days following publication in the Texas Register. Comments must be received within 30 days after the publication of this proposal to be considered.
Statutory Authority
The amendment is proposed under Texas Agriculture Code, Title 7, Chapter 201, Subchapter B, State Soil and Water Conservation Board, §201.020, which provides the State Board with the authority to adopt rules as necessary for the performance of its functions under Chapter 201, Texas Agriculture Code.
No other code, article or statutes are affected by this amendment.
§517.3.Use of Funds.
Funds appropriated from the general revenue fund and other sources for conservation assistance may be used by the state board to provide funds to districts on a matching basis, to assist them with expenses incurred through the administration and implementation of conservation programs and activities. Indirect administration expenses are an allowable use of conservation assistance funds for reimbursement of certain travel expenses required to conduct official district business at meetings or events sponsored by the State Board or a local soil and water conservation district. Use of conservation assistance funds for indirect administration is limited to reimbursement of mileage and actual expenses incurred for lodging, not to exceed the maximum allowable rates as established in the General Appropriations Act for state travel.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 26, 2024.
TRD-202403918
Heather Bounds
Government Affairs Specialist
Texas State Soil and Water Conservation Board
Earliest possible date of adoption: October 6, 2024
For further information, please call: (254) 773-8225
The Texas State Soil and Water Conservation District Board proposes an amendment to the existing rule Title 31, Part 17, Chapter 517, Subchapter A, §517.10, broadly identifying that the State Board will establish deadlines and removing the previous deadlines of May 15th and August 31st as well as the requirement to claim 2/3 of the original allocation of funds. The amendment will specify that exceptions can only be made by the board or executive director with permission from the board.
Fiscal Note
Kenny Zajicek, Fiscal Officer, has determined that for each year of the first five years that the proposed amended rule is in effect, there are no anticipated increases or reductions in costs to the state and local governments due to enforcing or administering the rule.
Kenny Zajicek, Fiscal Officer, has also determined that for each year of the first five years that the proposed amended rule is in effect, there is no anticipated impact in revenue to state government as a result of enforcing or administering the rule.
Public Benefit and Cost Note
Kenny Zajicek, Fiscal Officer, has also determined that for each year of the first five years the proposed amended rule is in effect, the anticipated public benefit will be to protect the public by establishing and maintaining a high standard of integrity, skills, and practice.
Local Employment Impact Statement
Kenny Zajicek, Fiscal Officer, has determined that the proposed amended rule will not impact local employment or economy. Thus, the board is not required to prepare a local employment impact statement pursuant to §2001.022, Government Code.
Economic Impact Statement and Regulatory Flexibility Analysis
Kenny Zajicek, Fiscal Officer, has determined that there are no anticipated adverse economic effects on small businesses, micro-businesses, or rural communities because of the proposed amended rule. Thus, the Board is not required to prepare an economic impact statement or a regulatory flexibility analysis pursuant to §2006.002, Government Code.
Takings Impact Assessment
Kenny Zajicek, Fiscal Officer, has determined that no private real property interests are affected by the proposed amended rule. Thus, the board is not required to prepare a takings impact assessment pursuant to §2007.043, Government Code.
Public Benefit/Cost Note.
Kenny Zajicek, Fiscal Officer, has determined, under Government Code §2001.024(a)(5), that for the first five-year period, the proposed amended rule are in effect, the public benefit will be an efficient use of state resources. He further has determined there will be no probable economic cost to persons required to comply with the rule.
Government Growth Impact Statement
For the first five years that the proposed amended rule would be in effect, it is estimated that; the proposed rule would not create or eliminate a government program; implementation of the proposed rule would not require the creation of new employee positions or the elimination of existing employee positions; implementation of the proposed rule would not require an increase or decrease in future legislative appropriations to the agency; the proposed rule would not require an increase in the fees paid to the agency; the proposed rule would not create a new regulation; the proposed rule would not expand, limit, or repeal an existing regulation; the proposed rule would not increase or decrease the number of individuals subject to the rule's applicability; and the proposed rule would not positively or adversely affect the state's economy.
Environmental Rule Analysis
The proposed amended rule is not a "major environmental rule" as defined by Government Code §2001.0225. The proposed rule is not specifically intended to protect the environment or to reduce risks to human health from environmental exposure. Therefore, a regulatory environmental analysis is not required.
Request for Public Comments
The Texas State Soil and Water Conservation Board invites comments on the proposed new rule from any interested persons, including any member of the public. A written statement should be mailed or delivered to Heather Bounds, Texas State Soil and Water Conservation Board, 1497 Country View Lane, Temple, Texas 76504, or by e-mail to hbounds@TSSWCB.Texas.Gov Comments will be accepted for 30 days following publication in the Texas Register. Comments must be received within 30 days after the publication of this proposal to be considered.
Statutory Authority
The amendment is proposed under Texas Agriculture Code, Title 7, Chapter 201, Subchapter B, State Soil and Water Conservation Board, §201.020, which provides the State Board with the authority to adopt rules as necessary for the performance of its functions under Chapter 201, Texas Agriculture Code.
No other code, article or statutes are affected by this amendment.
§517.10.Deadlines.
[(a)] The state board will hereby establish [establishes the following] deadlines for
all claims for conservation assistance funds.
[(1) By May 15, districts must have claimed 2/3 of their original annual allocation of conservation funds.]
[(2) By August 31, districts must have all claims for conservation assistance funds in the state office at Temple.]
[(b)] Exceptions to these deadlines can
only be made by the state board or the executive director with permission
of the state board on a case-by-case basis.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on August 26, 2024.
TRD-202403919
Heather Bounds
Government Affairs Specialist
Texas State Soil and Water Conservation Board
Earliest possible date of adoption: October 6, 2024
For further information, please call: (254) 773-8225