(a) - (b)(No change.) (c)Alternative methods [Conference call]. If the operator or operator's representative cannot arrange a meeting in person after complying with subsection (b) of this section, the operator or the operator's representative shall [make one of the following efforts to] conduct community liaison activities by one of the following methods [means of a telephone conference call with the officials]: (1)holding [mailing a written request for] a telephone conference with [to] the appropriate officials [by certified mail, return receipt requested]; or (2)delivering [sending a request for a telephone conference to the appropriate officials by facsimile transmission; or] [(3)making one or more telephone calls or e-mail message transmissions to the appropriate officials to request a telephone conference.] [(4)At any time the operator makes contact with the appropriate officials and schedules a telephone conference call, no further attempts to make contact under this section are necessary. However, if a scheduled telephone conference call does not take place, the operator or operator's representative shall make an effort to re-schedule the telephone conference call with the officials using one of the methods in paragraphs (1) - (3) of this subsection before proceeding to mail the liaison information pursuant to subsection (d) of this section.] [(d)][Mailing liaison information. If the operator or the operator's representative has made all of the efforts required by subsections (b) and (c) but has not successfully arranged either a meeting in person or a telephone conference,] the community liaison information required to be conveyed [may be delivered by mailing the information] by certified mail, return receipt requested. (d) [(e)] Records. The operator shall maintain records documenting compliance with the liaison activities required by this section. Records of attendance and acknowledgment of receipt by the emergency response officials shall be retained for five years from the date of the event that is commemorated by the record. Records of certified mail and/or telephone transmissions undertaken in compliance with subsections (b) and (c) of this section satisfy the record-keeping requirements of this subsection.
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 June 9, 2010
TRD-201003253 Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Earliest possible date of adoption: July 25, 2010
For further information, please call: (512) 475-1295
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