TITLE rule-review
Proposed Rule Reviews
Texas Department of Health
Title 25, Part I
The Texas Department of Health (department) will review and consider
for readoption, revision or repeal Title 25, Texas Administrative
Code, Part I, Chapter 205, Product Safety, Bedding Rules, §§205.1-
205.11.
The review and consideration is being conducted in accordance with
the General Appropriations Act, Article IX, Rider 167, passed by the
75th Legislature.
An assessment will be made by the department as to whether the
reasons for adopting or readopting these rules continue to exist. This
assessment will be continued during the rule review process. Each
rule will be reviewed to determine whether it is obsolete, whether the
rule reflects current legal and policy considerations, and whether the
rule reflects current procedures of the department. The review of all
rules must be completed by August 31, 2001.
Comments on the review may be submitted in writing within 30 days
following the publication of this notice in the Texas Register to Jayne
Nussbaum, Environmental and Consumer Health, Texas Department
of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed
changes to these rules as a result of the review will be published in
the Proposed Rule Section of the Texas Register and will be open for
an additional 30 day public comment period prior to final adoption
or repeal by the department.
TRD-9900563
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 27, 1999
The Texas Department of Health (department) will review and consider
for readoption, revision or repeal Title 25, Texas Administrative
Code, Part I, Chapter 229, Food and Drug, Subchapter L. Licensure
of Manufacturers of Food And Wholesale Distributors of
Food–including Good Manufacturing Practices, §§229.181 - 229.184;
and Subchapter N. Chemical and Pesticide Tolerance Levels in Food,
§§229.221 - 229.222.
The review and consideration is being conducted in accordance with
the General Appropriations Act, Article IX, Rider 167, passed by the
75th Legislature.
An assessment will be made by the department as to whether the
reasons for adopting or readopting these rules continue to exist. This
assessment will be continued during the rule review process. These
rules will be reviewed to determine whether it is obsolete, whether
the rules reflects current legal and policy considerations, and whether
the rules reflects current procedures of the department. The review
of all rules must be completed by August 31, 2001.
Comments on the review may be submitted in writing within 30 days
following the publication of this notice in the Texas Register to Jayne
Nussbaum, Environmental and Consumer Health, Texas Department
of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed
changes to these rules as a result of the review will be published in
the Proposed Rule Section of the Texas Register and will be open for
an additional 30 day public comment period prior to final adoption
or repeal by the department.
TRD-9900562
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: January 27, 1999
Texas Natural Resource Conservation Commission
Title 30, Part I
The Texas Natural Resource Conservation Commission (commission)
proposes the review of 30 TAC Chapter 120, concerning Control of
Air Pollution from Hazardous Waste or Solid Waste Management
Facilities. 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 reviews must include,
at a minimum, an assessment that the original reason for the rules
continues to exist.
Chapter 120 and 30 TAC Chapter 335, Subchapter L, are joint rules
for the control of air pollution from hazardous waste or industrial
(solid) waste management facilities which were first adopted by the
Texas Air Control Board and the Texas Water Commission in 1986,
under requirements of the Solid Waste Disposal Act (SWDA). The
two sets of rules containing the same permitting requirements were
needed for "one-stop" permitting until the two agencies merged on
September 1, 1993, creating the Texas Natural Resource Conservation
Commission. The commission has reviewed these joint rules and
has determined that the agency no longer needs two sets of rules
containing the same requirements.
Today, applicants whose projects require more than one permit from
the commission may avail themselves of the commission’s new
consolidated permitting rules, 30 TAC §;33.11-33.51. These rules
allow applicants to seek multiple authorizations through consolidated
processes, and receive a single consolidated permit or separate
permits. Permittees holding existing "one-stop" permits for solid
waste facilities may renew or amend those permits using the existing
statutory authority of the SWDA and the rules of the commission in
30 TAC Chapter 335. In addition, 30 TAC Chapter 116 may be used
by those seeking separate air authorization.
The commission proposed the repeal of Chapter 120 in the Proposed
Rule section of the January 29, 1999, issue of the Texas Register
(24 TexReg 503). The repeals are proposed as a result of the
commission’s review of the rules and the action conforms to the
commission’s regulatory reform policy.
Comments on the commission’s review of the rules contained in
Chapter 120 may be submitted to Lisa Martin, Office of Policy
and Regulatory Development, MC 205, P.O. Box 13087, Austin,
Texas 78711-3087, or faxed to (512) 239-6385. All comments
should reference Rule Log Number 98037-120-AI. Comments must
be received by 5:00 p.m., March 8, 1999. For further information,
please contact Barry Irwin, Air Policy and Regulations Division,
(512) 239-1461
TRD-9900279
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: January 15, 1999
Public Utility Commission of Texas
Title 16, Part II
The Public Utility Commission of Texas files this notice of intention
to review §23.91 relating to Long Run Incremental Cost Methodology
for Dominant Certificated Telecommunications Utility (DCTU)
Services pursuant to the Appropriations Act of 1997, HB 1, Article
IX, Section 167 (Section 167). Project Number 20102 has been as-signed
to the review of this rule section.
As part of this review process, the commission is proposing the repeal
of §23.91 and is proposing new §26.215 of this title (relating to
Long Run Incremental Cost Methodology for Dominant Certificated
Telecommunications Utility (DCTU) Services) to replace §23.91.
The proposed repeal and new rule may be found in the Proposed
Rules section of the Texas Register. As required by Section 167,
the commission will accept comments regarding whether the reason
for adopting the rule continues to exist in the comments filed on the
proposed new section.
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 N.
Congress Avenue, Austin, Texas 78711-3326 or at voice telephone
(512) 936-7308.
16 TAC §23.91. Long Run Incremental Cost Methodology for
Dominant Certificated Telecommunications Utility (DCTU) Services.
TRD-9900520
Rhonda Dempsey
Rules Coordinator
Public Utility Commission on Texas
Filed: January 25, 1999
The Public Utility Commission of Texas files this notice of intention
to review §23.104 relating to Telecommunications Pricing pursuant
to the Appropriations Act of 1997, HB 1, Article IX, Section 167
(Section 167). Project Number 18846 has been assigned to the review
of this rule section.
As part of this review process, the commission is proposing the
repeal of §23.104 and is proposing new §26.213 of this title (relating
to Telecommunications Pricing) to replace §23.104. The proposed
repeal and new rule may be found in the Proposed Rules section of
the Texas Register. As required by Section 167, the commission will
accept comments regarding whether the reason for adopting the rule
continues to exist in the comments filed on the proposed new section.
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 N.
Congress Avenue, Austin, Texas 78711-3326 or at voice telephone
(512) 936-7308.
16 TAC §23.104. Telecommunications Pricing.
TRD-9900483
Rhonda Dempsey
Rules Coordinator
Public Utility Commission on Texas
Filed: January 25, 1999
Texas Workers’ Compensation Commission
Title 28, Part II
The Texas Workers’ Compensation Commission files this notice of
intention to review the rules contained in Chapter 140 concerning
Dispute Resolution General Provisions. This review is pursuant
to the General Appropriations Act, Article IX, Section 167, 75th
Legislature.
The agency’s reason for adopting the rules contained in these chapters
continues to exist and it proposes to readopt these rules.
Comments regarding the Section 167 requirement as to whether the
reason for adopting these rules continues to exist must be received by
5:00 p.m. on March 8, 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.
§140.1 Definitions.
§140.2 Special Accommodations.
§140.3 Expedited Proceedings.
§140.4 Conduct and Decorum.
§140.5 Correction of Clerical Error.
TRD-9900541
Susan Cory
General Counsel
Texas Workers’ Compensation Commission
Filed: January 26, 1999
Adopted Rule Reviews
Texas Education Agency
Title 19, Part II
The Texas Education Agency (TEA) adopts the review of 19 TAC
Chapter 150, Commissioner’s Rules Concerning Educator Appraisal,
Subchapter AA, Teacher Appraisal, pursuant to the 1998-99 General
Appropriations Act, Section 167. The TEA proposed the review of
19 TAC Chapter 150, Subchapter AA, in the November 27, 1998,
issue of the Texas Register (23 TexReg 11969).
The TEA finds that the reason for adopting continues to exist. The
TEA received no comments related to the rule review requirement as
to whether the reason for adopting the rules continues to exist. As
part of the review, the TEA is proposing an amendment to 19 TAC
§150.1003, which may be found in the Proposed Rules section of this
issue.
TRD-9900505
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Filed: January 25, 1999
Texas Commission on Fire Protection
Title 37, Part XIII
The Texas Commission on Fire Protection adopts the review of 37
TAC Chapter 449, concerning head of a fire department. This review
was conducted in accordance with the General Appropriations Act,
Article IX, §167, 75th Legislature, 1997. The proposed review was
published in the December 4, 1998, issue of the Texas Register (23
TexReg 12479).
The Commission concurrrently adopts the repeal of §449.1 and new
§449.1 in the Adopted Rules section of this issue of the Texas
Register. This change was proposed as a result of the Commission’s
review of the rules. The new section assures that personnel appointed
as a department head for a fire department are properly trained,
tested, and possess experience deemed necessary for the position.
No comments were received regarding the readoption of this chapter.
TRD-9900494
Thomas R. Thompson
General Counsel
Texas Commission on Fire Protection
Filed: January 25, 1999
The Texas Commission on Fire Protection adopts the review of 37
TAC Chapter 461, concerning general administration. This review
was conducted in accordance with the General Appropriations Act,
Article IX, §167, 75th Legislature, 1997. The proposed review was
published in the December 4, 1998, issue of the Texas Register (23
TexReg 12479).
The Commission concurrrently adopts amendments to §461.4 in the
Adopted Rules section of this issue of the Texas Register. This
change was proposed as a result of the Commission’s review of the
rules. The amendments conform legislative changes that transferred
administration of the Texas Fire Incident Reporting System from the
commission to the Texas Department of Insurance. Sections 461.1,
461.2, and 461.3 are adopted without changes. No comments were
received regarding the readoption of this chapter.
TRD-9900493
Thomas R. Thompson
General Counsel
Texas Commission on Fire Protection
Filed: January 25, 1999
The Texas Commission on Fire Protection adopts the review of 37
TAC Chapter 463, concerning application criteria. This review was
conducted in accordance with the General Appropriations Act, Article
IX, §167, 75th Legislature, 1997. The proposed review was published
in the December 4, 1998, issue of the Texas Register (23 TexReg
12479).
The Commission concurrrently adopts amendments to §§463.3, 463.4,
and 463.6 in the Adopted Rules section of this issue of the Texas
Register. This change was proposed as a result of the Commission’s
review of the rules. The amendments simplify the application process
for loans and grants and criteria deemed necessary by the commission
are eliminated. Sections 463.1, 463.2, and 463.5 are adopted without
changes. No comments were received regarding the readoption of
this chapter.
TRD-9900492
Thomas R. Thompson
General Counsel
Texas Commission on Fire Protection
Filed: January 25, 1999
The Texas Commission on Fire Protection adopts the review of 37
TAC Chapter 465, concerning equipment, facilities, and training
standards. This review was conducted in accordance with the General
Appropriations Act, Article IX, §167, 75th Legislature, 1997. The
proposed review was published in the December 4, 1998, issue of the
Texas Register (23 TexReg 12480).
Sections 465.1, 465.2, and 465.3 are adopted without changes. No
comments were received regarding the readoption of this chapter.
TRD-9900491
Thomas R. Thompson
General Counsel
Texas Commission on Fire Protection
Filed: January 25, 1999
The Texas Commission on Fire Protection adopts the review of
37 TAC Chapter 495, concerning regulation of nongovernmental
departments. This review was conducted in accordance with the
General Appropriations Act, Article IX, §167, 75th Legislature, 1997.
The proposed review was published in the December 4, 1998, issue
of the Texas Register (23 TexReg 12480).
The Commission concurrrently adopts an amendment to §495.1 in
the Adopted Rules section of this issue of the Texas Register. This
change was proposed as a result of the Commission’s review of the
rules. The amendment adds language to allow for the acceptance of
a public protection classification assigned by the Insurance Services
Office as an alternative to a key rate assigned by the Texas Department
of Insurance. Sections 495.3, 495.5, 495.201, 405.203, 495.205, and
495.207 are adopted without changes. No comments were received
regarding the readoption of this chapter.
TRD-9900490
Thomas R. Thompson
General Counsel
Texas Commission on Fire Protection
Filed: January 25, 1999
Public Utility Commission of Texas
Title 16, Part II
The Public Utility Commission of Texas (commission) has completed
the review of Procedural Rules, Subchapter L (relating to Evidence
and Exhibits in Contested Cases), §22.221 relating to Rules of
Evidence in Contested Cases; §22.222 relating to Official Notice;
§22.223 relating to Witnesses to be Sworn; §22.224 relating to
Documentary Evidence; §22.225 relating to Written Testimony and
Accompany Exhibits; §22.226 relating to Exhibits; §22.227 relating
to Offers of Proof; and §22.228 relating to Stipulation of Facts as
noticed in the October 23, 1998 Texas Register (23 TexReg 10926).
The commission readopts these sections, pursuant to the requirements
of the Appropriations Act of 1997, HB 1, Article IX, §167 (§167)
and finds that the reason for adopting these rules continues to exist.
Project Number 17709 is assigned to this proceeding.
As part of this review process, the commission proposed amendments
to §22.222 and §22.225 as published in the Texas Register on October
23, 1998 (23 TexReg 10789). The commission received comments on
the proposed amendments from Central Power and Light Company
(CPL), Southwestern Electric Power Company (SWEPCO) and West
Texas Utilities Company (WTU), collectively the Texas Central and
South West electric utility operating companies (CSW Companies).
CSW Companies did not address the Section 167 requirement as to
whether the reason for adopting the rules continues to exist in their
comments. The comments are summarized in the adoption of the
proposed amendments found in the Adopted Rules section of the
Texas Register.
These sections are adopted under the Public Utility Regulatory Act,
Texas Utilities Code Annotated §14.002 and §14.052 (Vernon 1998)
which provides the commission with the authority to make and
enforce rules reasonably required in the exercise of its powers and
jurisdiction, including rules of practice and procedure.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
and §14.052.
TRD-9900470
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: January 22, 1999
Texas Water Development Board
Title 31, Part X
Pursuant to the notice of proposed rule review published in the
Texas Register, 23 TexReg 12481, December 4, 1998, the Texas
Water Development Board (board) has reviewed and considered for
readoption, revision or repeal 31 TAC Chapter 365, Investment Rules,
in accordance with the Appropriations Act, Section 167.
The board considered, among other things, whether the reasons for
adoption of these rules continues to exist. No comments were
received on the proposed rule reviews.
As a result of the board’s review, the board determined that the rules
are still necessary because they govern all funds managed by the board
and readopts the sections except as noted. The board concurrently
adopts amendments to §;365.2, 365.8, 365.11, 365.12, 365.18, 365.20
and 365.21. The changes are adopted as a result of the board’s rule
review for clarification and investment process improvements and to
comply with the Public Funds Investment Act.
TRD-9900418
Suzanne Schwartz
General Counsel
Texas Water Development Board
Filed: January 22, 1999
Pursuant to the notice of proposed rule review published in the
Texas Register, 23 TexReg 12481, December 4, 1998, the Texas
Water Development Board (board) has reviewed and considered
for readoption, revision or repeal 31 TAC Chapter 375, State
Water Pollution Control Revolving Fund, in accordance with the
Appropriations Act, Section 167.
The board considered, among other things, whether the reasons for
adoption of these rules continues to exist. No comments were
received on the proposed rule reviews.
As a result of the board’s review, the board determined to repeal
31 TAC Chapter 375, State Water Pollution Control Revolving
Fund, and adopt new Chapter 375, Clean Water State Revolving
Fund (CWSRF), in order to consolidate all rules governing the
CWSRF under one chapter. The board concurrently adopts the
repeal of §§375.1-375.4, 375.14-375.22, 375.31-375.38, 375.40,
375.51 375.52, 375.61-375.63, 375.72, 375.74, 375.75, 375.81-
375.86, 375.88, and 375.101-375.103 and new §;375.1-375.4, 375.11-
375.18, 375.31-375.42, 375.51, 375.52, 375.61, 375.62, 375.71-
375.73, 375.81-375.87, 375.101-375.105, 375.201, 375.211-375.214
and 375.221-375.222.
TRD-9900439
Suzanne Schwartz
General Counsel
Texas Water Development Board
Filed: January 22, 1999