Title 25, Part VIII

The Interagency Council on Early Childhood Intervention (ECI) proposes to review the following sections from Chapter 621 pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167:

Subchapter F. Case Management Services for Infants and Toddlers with Developmental Disabilities.

§621.121

§621.122

§621.123

§621.124

§621.125

§621.126

§621.127

§621.128

§621.129

§621.130

§621.131

§621.132

§621.133

§621.134

§621.135

§621.136

§621.137

§621.138

§621.139

§621.140

Sections 621.129, 621.130, 621.131, 621.132, 621.133, 621.134, 621.135, 621.136, 621.137, 621.138, 621.139 and 621.140 were administratively transferred to the Health and Human Services Commission in the December 11, 1998, issue of the Texas Register (23 TexReg 12686) however, these sections were still promulgated under the ECI's jurisdiction as of September 1, 1998 and are therefore required to be reviewed in accordance with the Appropriations Act.

The ECI is contemporaneously proposing the repeal and replacement of §§621.121-621.128 elsewhere in this issue of the Texas Register .

In addition to the repeal and replacement of Subchapter F, the Health and Human Services Commission is simultaneously proposing the repeal and replacement of §§355.9001-355.9010 and §§355.9012-355.9014, concerning Early Childhood Intervention: Case Management Services for Infants and Toddlers with Developmental Disabilities, elsewhere in this issue of the Texas Register .

Comments on the review of these proposed rules may be submitted to Alex Porter, General Counsel, Interagency Council on Early Childhood Intervention, 4900 North Lamar Boulevard, Austin, Texas 78751-2399.

Upon adoption of this review, the ECI will conclude its review process of Chapter 621 in its entirety.

TRD-9905165

Donna Samuelson

Deputy Executive Director

Interagency Council on Early Childhood Intervention

Filed: August 16, 1999

Title 13, Part I

The Texas State Library and Archives Commission proposes to review Chapter 2, concerning procedures of the commission, customer service polices, complaint procedures, affiliated friends organizations and general grant polices, in accordance with the requirements of the Appropriations Act, Section 167, 75th Legislature, 1997, and Government Code Section 2001.39.

The reasons for adopting the rules in Chapter 2 continue to exist. The rules were adopted pursuant to the Government Code, §441.002(j) that requires the commission to develop policies that separate policy making responsibilities of the commission from the management responsibilities of the director and staff, and Government Code, §441.006 that requires the commission to adopt policies covering a broad range of topics, and Government Code §441.0091 that requires the commission to adopt by rule guidelines for awarding grants. The rules are necessary to establish these policies in accordance with the Administrative Procedure Act, Government Code, Chapter 2001.

Comments on the commission's review of its rules in Chapter 2 may be submitted to Nancy Webb, Public Information Officer, P.O. Box 12927, Austin, TX. 78711-2927. Comments are due 30 days after publication in the Texas Register. For further information or questions, concerning this proposal, please contact Nancy Webb at (512) 463-5514.

TRD-9905136

Raymond Hitt

Assistant State Librarian

Texas State Library and Archives Commission

Filed: August 16, 1999

The Texas State Library and Archives Commission proposes to review Chapter 7, concerning the operation of regional historical resource depositories and the retention, microfilming, electronic storage of local government records, in accordance with the requirements of the Appropriations Act, Section 167, 75th Legislature, 1997 and Government Code Section 2001.39

The reasons for adopting the rules in Chapter 7 continue to exist. The rules were adopted pursuant to the Government Code, §441.006(a)(9) that requires the Texas State Library and Archives Commission to adopt policies to aid and encourage effective records management and preservation programs in local governments of the state; Government Code §441.153(b) that requires the commission to adopt rules for Regional Historical Resource Depositories; Government Code §441.158(a) that requires the commission to adopt local government records retention schedules by rule, Local Government Code §204.004 that requires the commission to adopt rules establishing standards and procedures for microfilming local government records, and Local Government Code §205.003 that requires the commission to adopt rules establishing standards and procedures for electronic storage of local government record data. The rules are necessary to carryout the statutory obligations of the Texas State Library and Archives Commission in the management of local government records.

Comments on the commission's review of its rules in Chapter 7 may be submitted to Michael Heskett, Director, State and Local Records Management Program, P.O. Box 12927, Austin, TX. 78711-2927. Comments are due 30 days after publication in the Texas Register. For further information or questions, concerning this proposal, please contact Michael Heskett at (512) 454-2705.

TRD-9905135

Raymond Hitt

Assistant State Librarian

Texas State Library and Archives Commission

Filed: August 16, 1999

Title 16, Part II

The Public Utility Commission of Texas files this notice of intention to review §23.95 relating to Voting Procedures for Partial Deregulation or Reversal of Partial Deregulation of Telephone Cooperatives pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167 (Section 167). Project Number 17709 has been assigned to the review of this rule section.

As part of this review process, the commission is proposing the repeal of §23.95 and is proposing new §26.172 of this title (relating to Voting Procedures for Partial Deregulation or Reversal of Partial Deregulation of Telephone Cooperatives) in Chapter 26, Substantive Rules Applicable to Telecommunications Service Providers to replace this section. The proposed new section and the proposed repeal may be found in the Proposed Rules section of the Texas Register. The commission will accept comments on the Section 167 requirement in the comments filed on proposed new §26.172.

Any questions pertaining to this notice of intention to review should be directed to Rhonda Dempsey, Rules Coordinator, Office of Regulatory Affairs, Public Utility Commission of Texas, 1701 North Congress Avenue, Austin, Texas 78711-3326 or at voice telephone (512) 936-7308.

16 TAC §23.95. Voting Procedures for Partial Deregulation or Reversal of Partial Deregulation of Telephone Cooperatives.

TRD-9905102

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: August 13, 1999

Title 28, Part II

The Texas Workers' Compensation Commission files this notice of intention to review the rules contained in Chapter 134 concerning Benefits - Guidelines for Medical Services, Charges, and Payments.

This review is pursuant to the General Appropriations Act, Article IX, Section 167, 75th Legislature, the General Appropriations Act, Section 9-10.13, 76th Legislature, and Texas Government Code §2001.039 as added by SB-178, 76th Legislature.

The agency's reason for adopting the following rules contained in this chapter continues to exist and it proposes to readopt these rules:

§134.1 Use of the Fee Guidelines.

§134.4 Definition of Consulting Doctor.

§134.5 Treating Doctor Attendance at Medical Examination Under a Medical Examination Order.

§134.6 Travel Expenses.

§134.100 Provider Disclosure of Financial Interest, Submission to the Commission.

§134.101 Provider Disclosure of Financial Interest, Submission to the Carrier.

§134.201 Medical Fee Guideline For Medical Treatments and Services Provided Under the Texas Workers' Compensation Act.

§134.401 Acute care Inpatient Hospital Fee Guideline.

§134.800 Required Billing Forms and Information.

§134.801 Submitting Bills for Payment: Information Copies.

§134.802 Insurance Carrier's Submission of Medical Bills to the Commission.

§134.803 Calculating Interest for Late Payment on Medical Bills.

§134.900 Medical Benefit Review and Audit.

§134.1000 Mental Health Treatment Guideline.

§134.1001 Spine Treatment Guideline.

§134.1002 Upper Extremities Treatment Guideline.

§134.1003 Lower Extremities Treatment Guideline.

The agency's reason for adopting §134.2 continues to exist, however recently adopted §102.9 (Submission of Information requested by the Commission) contains the substance of §134.2 and therefore the repeal of the following rule is recommended:

§134.2 Insurance Carrier Responsibility.

The agency's reasons for adopting §§134.302 and 134.600 continue to exist, however it is recommended that §134.302 (Dental Fee Guideline) be incorporated into the Medical Fee Guideline when it is revised and that §134.302 be proposed for repeal at that time. Section 134.600 (Procedure for Requesting Preauthorization of Specific Treatments and Services) is proposed for repeal elsewhere in this issue of the Texas Register and is proposed to be replaced by seven new rules (§§134.601-134.607) which address the same subject. Therefore the following rules in Chapter 134 are proposed to be readopted, recognizing that future repeal may be proposed through the regular APA process:

§134.302 Dental Fee Guideline.

§134.600 Procedure for Requesting Pre-Authorization of Specific Treatments and Services.

Comments regarding the Appropriations Act Section 167, Section 9-10.13, and Texas Government Code §2001.039 requirement as to whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on September 27, 1999, and submitted to Donna Davila, Office of General Counsel, Mailstop #4-D, Texas Workers' Compensation Commission, Southfield Building, 4000 South IH 35, Austin, Texas 78704-7491.

TRD-9905256

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: August 18, 1999

The Texas Workers' Compensation Commission files this notice of intention to review the rules contained in Chapter 160 concerning Workers' Health and Safety, General Provisions.

This review is pursuant to the General Appropriations Act, Article IX, Section 167, 75th Legislature, the General Appropriations Act, Section 9-10.13, 76th Legislature, and Texas Government Code §2001.039 as added by SB-178, 76th Legislature.

The agency's reason for adopting the rules contained in this chapter continues to exist and it proposes to readopt these rules.

Comments regarding the Appropriations Act Section 167, Section 9-10.13, and Texas Government Code §2001.039 requirement as to whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on September 27, 1999, and submitted to Donna Davila, Office of General Counsel, Mailstop #4-D, Texas Workers' Compensation Commission, Southfield Building, 4000 South IH 35, Austin, Texas 78704-7491.

§160.2 Non-Subscribing Employer's Report of Injury.

§160.3 Subscribing Employer's Report of Injury.

TRD-9905255

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: August 18, 1999

Title 40, Part III

Pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167, the Texas Commission on Alcohol and Drug Abuse has conducted a review of Chapter 142 concerning Investigations and Hearings. Notice of the proposed rule review was published in the June 25, 1999, issue of the Texas Register (24 TexReg 4847).

No comments were received related to the rule review requirement as to whether the reason for adopting these rules continues to exist. The Board has determined that the reason for these rules continues to exist.

TRD-9905058

Mark Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Filed: August 11, 1999

Pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167, the Texas Commission on Alcohol and Drug Abuse has conducted a review of Chapter 143 concerning Funding. Notice of the proposed rule review was published in the June 25, 1999 issue of the Texas Register (24 TexReg 4847).

No comments were received related to the rule review requirement as to whether the reason for adopting these rules continues to exist. The Board has determined that the reason for these rules continues to exist.

TRD-9905059

Mark Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Filed: August 11, 1999

Pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167, the Texas Commission on Alcohol and Drug Abuse has conducted a review of Chapter 144 concerning Contract Requirements. Notice of the proposed rule review was published in the June 25, 1999, issue of the Texas Register (24 TexReg 4847).

No comments were received related to the rule review requirement as to whether the reason for adopting these rules continues to exist. The Board has determined that the reason for these rules continues to exist.

TRD-9905060

Mark Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Filed: August 11, 1999

Pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167, the Texas Commission on Alcohol and Drug Abuse has conducted a review of Chapter 148 concerning Facility Licensure. Notice of the proposed rule review was published in the June 25, 1999 issue of the Texas Register (24 TexReg 4848).

No comments were received related to the rule review requirement as to whether the reason for adopting these rules continues to exist. The Board has determined that the reason for these rules continues to exist.

TRD-9905061

Mark Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Filed: August 11, 1999

Title 13, Part I

The Texas State Library and Archives Commission has completed the review of rules in Title 13, Chapter 9, concerning library services for blind or physically handicapped individuals, as noticed in the April 30, 1999 issue of the Texas Register (24 TexReg 3364). The commission readopts §§9.1-9.21 of this chapter in accordance with the requirements of the Appropriations Act of 1977, House Bill 1, Article IX, §167. The commission finds that it is in the public interest to continue providing library services to the blind or physically handicapped and therefore necessary to establish by rule the policies under which eligible persons or libraries receive services from the Talking Book Program of the Texas State Library and Archives Commission.

The commission received no comments on the review of Chapter 9.

The sections in Chapter 9 were adopted pursuant to the Human Resources Code, §91.082 that requires the Texas State Library and Archives Commission to establish a central media center for persons unable to use ordinary print materials; Government Code 441.006(a) that provides the Commission with the authority to govern the Texas State Library; and Government Code 441.112 that authorizes the commission to lend print access aids.

The adopted sections affect Government Code §§441.006, 441.112 and Human Resources Code §91.082.

TRD-9905097

Raymond Hitt

Assistant State Librarian

Texas State Library and Archives Commission

Filed: August 13, 1999

Title 30, Part I

The Texas Natural Resource Conservation Commission (commission) adopts the review of the rules in 30 TAC Chapter 330, Municipal Solid Waste, Subchapters M - V, and Y - Z. The commission does not currently have a Subchapter W or X in Chapter 330. This review complies with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997. Section 167 requires state agencies to review and consider for readoption rules adopted under the Administrative Procedure Act. The notice of proposed review was published in the March 19, 1999 issue of the Texas Register (24 TexReg 2031). The public comment period for the review closed April 19, 1999. No comments were received concerning the proposed notice of review.

The review must include, at a minimum, an assessment that the reason for the rules continues to exist. The commission reviewed the rules in Chapter 330 Subchapters M - V, and Y - Z, and determined that the reasons for adopting these rules continue to exist. The rules in Chapter 330 Subchapters M - V, and Y - Z are still necessary in that they implement critical provisions of the Texas Health and Safety Code, Chapter 361, Solid Waste Disposal Act. These subchapters in Chapter 330 provide necessary rules to carry out the statutory mandates to regulate solid waste.

The commission readopts with amendments rules contained in 30 TAC Chapter 330, Subchapters M, N, P, and S, and readopts without amendments rules contained in 30 TAC Chapter 330, Subchapters O, T, and Y concerning Municipal Solid Waste. The commission is adopting these changes to the rules in Chapter 330, based on this review of the rules. The adoptions of changes are found in the adoption section of this Texas Register .

TRD-9905149

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: August 16, 1999