TITLE rule-review

Proposed Rule Review

Texas Commission for the Blind

Title 40, Part IV

The Texas Commission for the Blind files this notice of its intent, beginning February 1, to review all sections in Chapter 171 pertaining to Cooperative Activities (§§171.1-171.4) in accordance with the Appropriations Act of 1997, HB 1, Article IX, Section 167. The commission will be considering whether the reasons for adopting these rules still exist and whether amendments are needed. The public is invited to make comments on the rules as they stand in the Texas Administrative Code within 30 days following the publication of this notice in the Texas Register .

The Commission's Board will consider comments received in response to this notice at a meeting tentatively scheduled in May 1999. Any changes to the rules proposed by the Commission after considering comments received in response to this notice will appear thereafter in the proposed rules section of the Texas Register and will be adopted in accordance with state rule-making requirements.

Comments on the review may be mailed to: Texas Commission for the Blind, Attention: Jean Crecelius, Policy & Rules Coordinator, P.O. Box 12866, Austin, Texas 78711.

TRD-9900851

Terrell I. Murphy

Executive Director

Texas Commission for the Blind

Filed: February 10, 1999


Texas Board of Nurse Examiners

Title 22, Part XI

The Board of Nurse Examiners proposes to review Chapter 217, Licensure and Practice in accordance with the Appropriations Act, §167. In conjunction with this review, the agency proposes to repeal the existing §§217.1-217.20 and proposes new §§217.1-217.17, Licensure, Peer Assistance and Practice and §§216.1-216.11, Continuing Education in accordance with the Appropriations Act, §167. The proposed repeal and new rules may be found in the Proposed Rules section of the Texas Register .

Comments on the proposals may be submitted to Kathy Thomas, MN, RN, Executive Director, Board of Nurse Examiners, 333 Guadalupe, Suite 3-460, Austin, Texas, 78701.

TRD-9900790

Kathy Thomas, MN, RN

Executive Director

Board of Nurse Examiners

Filed: February 8, 1999


Adopted Rule Reviews

Texas Low-Level Radioactive Waste Disposal Authority

Title 31, Part XV

The Texas Low-Level Radioactive Waste Disposal Authority adopts without changes: CHAPTER 449, General Provisions, CHAPTER 450, Planning and Implementation Fees, and CHAPTER 451, Disposal Site Management and Operation, in accordance with the Appropriations Act, §167.

No comments were received regarding the adoption of these chapters.

TRD-9900762

Lee H. Mathews

Deputy General Manager and General Counsel

Texas Low-Level Radioactive Waste Disposal Authority

Filed: February 4, 1999


Texas State Board of Medical Examiners

Title 22, Part IX

The Texas State Board of Medical Examiners adopts the review of Chapter 197 (§§197.1-197.6), concerning Emergency Medical Service, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167. The proposed review was published in the September 18, 1998, issue of the Texas Register (23 TexReg 9583).

The Texas State Board of Medical Examiners is contemporaneously adopting the repeal of §§197.2-197.5 and new §§197.2-197.5 elsewhere in this issue of the Texas Register .

No comments were received regarding the rule review.

This concludes the review of Chapter 197, Emergency Medical Service.

TRD-9900803

Bruce A. Levy, M.D., J.D.

Executive Director

Texas State Board of Medical Examiners

Filed: February 8, 1999


Texas Board of Veterinary Medical Examiners

Title 22, Part XXIV

Pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167, the Texas Board of Veterinary Medical Examiners adopts the review of all rules in Chapter 571 of the Texas Administrative Code pertaining to Licensing, specifically, §§571.03, 571.04, 571.14, 571.18, 571.31, 571.51, 571.52, 571.53, 571.54, 571.55, 571.56, 571.58, 571.59, 571.60 and 571.61. The proposed review appeared in the October 16, 1998 issue of the Texas Register (23 TexReg 10660).

The Texas Board of Veterinary Medical Examiners finds that the reason for adopting the rules still exist. As part of this review process, no changes are proposed to the rules.

The Board received no comments related to the readoption of this Chapter.

TRD-9900816

Ron Allen

Executive Director

Texas Board of Veterinary Medical Examiners

Filed: February 9, 1999


Texas Workers' Compensation Commission

Title 28, Part II

In accordance with the Appropriation Act, Article IX, §167, and pursuant to the notice of intention to review published in the December 25, 1998 issue of the Texas Register (23 TexReg 13109) the Texas Workers' Compensation Commission (the Commission) has reviewed and considered for readoption the following rules in Title 28, Part II of the Texas Administrative Code:

§109.1. State Agencies: General Provisions.

§114.1. Purpose.

§114.2. Definitions.

§114.3. Initial Application Form and Financial Information Requirements.

§114.4. Security Requirements.

§114.5. Excess Insurance Requirements.

§114.6. Safety Program Requirements.

§114.7. Certification Process.

§114.8. Refusal to Certify an Employer.

§114.9. Required Initial Safety Program Inspection.

§114.10. Claims Contractor Requirements.

§114.11. Audit and Inspection Program.

§114.12. Required Annual Reports.

§114.13. Required Notices to the Director.

§114.14. Impaired Employer.

§114.15. Revocation of Certificate of Authority to Self-Insure.

The Commission has assessed whether the reason for adopting or readopting these rules continues to exist. One comment was received regarding §109.1 from State Office of Risk Management.

Summary of the comment and commission response is as follows:

COMMENT: Commenter suggested that the words "workers' compensation division of the attorney general's office" in §109.1(b) be changed to "State Office of Risk Management" and that the words "Other than communications and notices from the Risk Management Division of the commission" in §109.1(c) be deleted to reflect changes in the law regarding the responsibility for administration and enforcement of risk management for state agencies.

RESPONSE: Commenter did not comment on the issue of re-adoption but made suggestions for amendments to the rule. Comments relating to amendments are beyond the scope of this review but may be considered in future actions by the Commission regarding this rule.

As a result of the review, the Commission has determined that the reason for adoption of the rules continues to exist. Therefore, the Commission readopts these rules. If the Commission determines that any of these rules should be revised, the revision will be accomplished in accordance with the Administrative Procedure Act.

TRD-9900813

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: February 8, 1999