JUSTIFICATION FOR ADMINISTRATIVE RULE ADOPTION
16 TAC Chapter 79, §79.80
The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code, (TAC), Chapter 79, §79.80 regarding the Weather Modification program, as published in the September 16, 2011, issue of the Texas Register (36 TexReg 6104). The adoption takes effect February 1, 2012.
The adoption is a result of the Department’s fee review, pursuant to Texas Occupations Code, §51.202, to ensure that fees charged in a particular program are set at the appropriate amount to cover the Department’s costs in operating the program. The fees currently in place were below the amount required by the Department to cover costs.
The adoption increases the weather modification original and renewal license fees from $650 to $750 and the weather modification original and renewal permit fees from $75 to $100.
The Department drafted and distributed the proposed rule to persons internal and external to the agency. The proposed rule was published in the Texas Register on September 16, 2011. The 30-day public comment period closed on October 17, 2011. The Department did not receive any public comments on the proposed rule.
The amendment is adopted under Texas Occupations Code, Chapter 51, and Texas Labor Code, Chapter 91, both of which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapter 51, and Texas Labor Code, Chapter 91. No other statutes, articles, or codes are affected by the adoption.
(a) Original and Renewal License and Permit fees:
(1) Weather Modification License--$750.
(2) Weather Modification Permit--$100.
(b) License and Permit Amendment fees:
(1) Weather Modification License Amendment--$650.
(2) Weather Modification Permit Amendment--$75.
(c) Late renewal fees for licenses issued under this chapter are provided for under §60.83 of this title (relating to Late Renewal Fees).
(d) The fee for issuance of a duplicate license or permit is $25.
(e) All fees are non-refundable.
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 12, 2012.
William H. Kuntz, Jr.
Texas Department of Licensing and Regulation