Proposed Rule Reviews
Texas Cosmetology Commission
Title 22, Part IV
The Texas Cosmetology Commission proposes the readoption without changes
of §89.2, concerning public school cosmetology programs; §89.4,
concerning instructors on duty; §89.5, concerning license fees; §89.7,
concerning student work; §89.9, concerning student permits; §89.10,
concerning monthly hour reports; §89.13, concerning reducing, increasing,
or withholding hours; §89.14, concerning concurrent enrollment; §89.15,
concerning definitions of license authorization; §89.17, concerning instructor
applicants; §89.18, concerning student instructor/licensed instructor
ratio; §89.19, concerning other services performed in a cosmetology or
specialty salons; §89.20, concerning length of courses; §89.22,
concerning transfer of hours; §89.26, concerning tuition refund policy;
§89.31, concerning examination; §89.33, concerning cosmetology or
specialty instructors; §89.38, concerning solid walls; §89.42, concerning
restrooms; §89.46, concerning itinerant beauty salons; §89.50, concerning
resale of hair pieces; §89.51, concerning cosmetology services for the
incapacitated and deceased; §89.55, concerning refresher courses; §89.56,
concerning administrative processing fees; §89.57, concerning disciplinary
hearings; §89.69, concerning corporate ownership of cosmetology establishments;
and §89.71, concerning new secondary or post-secondary cosmetology school
certification; in accordance with House Bill 1, of the General Appropriations
Act, §167.
Delores Alspaugh, Executive Director, has determined that for the first
five-year period the rule is in effect, there will be fiscal implications
for state or local government as a result of enforcing or administering the
rule.
Mrs. Alspaugh also has determined that for each year of the first five
years the rules are in effect the public benefit anticipated as a result of
enforcing the rule will be to ensure that cosmetology establishments and licensees
comply with the requirements of the rules of the commission. There are anticipated
economic costs to persons who are required to comply with the rules as adopted.
Comments on the proposed rule review may be submitted to Delores L. Alspaugh,
Executive Director, P.O. Box 26700, Austin, Texas, 78755-0700.
The proposed adoptions in accordance with Article 8451a, V.T.C.S.
Article 8451a, V.T.C.S., will not be effected by these proposed adopted
sections.
TRD-9900750
Delores L. Alspaugh
Executive Director
Texas Cosmetology Commission
Filed: February 4, 1999
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, House Bill 1, Article IX, §167:
Subchapter E. Early Childhood Intervention Service Delivery for Milestones
Services.
§621.81
§621.82
§621.83
§621.84
The ECI is contemporaneously proposing the repeal of §§621.81-621.84
elsewhere in this issue of the
Texas Register
.
The sections are no longer necessary.
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.
TRD-9900925
Donna Samuelson
Deputy Executive Director
Interagency Council on Early Childhood Intervention
Filed: February 12, 1999
Title 40, Part XV
The Texas Veterans Commission files this notice of intent to consider for
readopting, Title 40, Part XV, Texas Administrative Code, Chapters 450 concerning
Veterans County Service Officers Certificate of Training; 451 concerning Veterans
County Service Officers Accreditation; and 452 concerning Administration General
Provisions.
This readopting is being conducted in accordance with the General Appropriations
Act, House Bill 1, Article IX, §167, 75th Legislature, 1997.
The agency's reason for adopting the rules contained in these chapters
continues to exist. Comments on the proposals may be submitted in writing
to James E. Nier, Executive Director, Texas Veterans Commission, E.O. Thompson
State Office Building, 920 Colorado Street, 6th Floor, Austin, Texas, 78701,
(512) 463-5538. The deadline for comments is 14 days after publication in
the
Texas Register
.
TRD-9900918
James E. Nier
Executive Director
Texas Veterans Commission
Filed: February 12, 1999
Title 22, Part XII
In accordance with the Appropriations Act, Section 167, the Board of Vocational
Nurse Examiners proposes to review Chapter 237 of the Rules and Regulations
Relating to Vocational Nursing Education, Licensure and Practice in the State
of Texas for re-adoption or amendment at the March 8-9, 1999 Board Meeting.
Comments on the proposal may be submitted to Mary M. Strange, Executive
Director, Board of Vocational Nurse Examiners, 333 Guadalupe, Suite 3-400,
Austin, Texas 78701. Comments will be reviewed and discussed at the March
8-9, 1999 Board Meeting.
Issued in Austin, Texas on February 11, 1999. Mary M. Strange, RN, BSN,
CNA Executive Director
TRD-9900872
Mary M. Strange, RN, BSN, CNA
Executive Director
Board of Vocational Nurse Examiners
Filed: February 10, 1999
In accordance with the Appropriations Act, Section 167, the Board of Vocational
Nurse Examiners proposes to review Chapter 240 of the Rules and Regulations
Relating to Vocational Nursing Education, Licensure and Practice in the State
of Texas for re-adoption or amendment at the March 8-9, 1999 Board Meeting.
Comments on the proposal may be submitted to Mary M. Strange, Executive
Director, Board of Vocational Nurse Examiners, 333 Guadalupe, Suite 3-400,
Austin, Texas 78701. Comments will be reviewed and discussed at the March
8-9, 1999 Board Meeting.
TRD-9900873
Mary M. Strange, RN, BSN, CNA
Executive Director
Board of Vocational Nurse Examiners
Filed: February 10, 1999
Title 28, Part II
The Texas Workers' Compensation Commission files this notice of intention
to review the rules contained in Chapter 120 concerning Compensation Procedure/Employers
and Chapter 129 concerning Income Benefits-Temporary Income Benefits. This
review is pursuant to the General Appropriations Act, Article IX, §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 §167 requirement as to whether the reason for
adopting these rules continues to exist must be received by 5:00 p.m. on March
29, 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.
§120.1. Employer's Record of Injuries.
§120.2. Employer's First Report of Injury.
§120.3. Employer's Supplemental Report of Injury.
§129.1. Definitions for Temporary Income Benefits Calculation.
§129.2. Calculation of Temporary Income Benefit for Employees Who
Earn Less Than $8.50 Per Hour.
§129.3. Information Included with the First Payment of Temporary Income
Benefits.
§129.4. Adjustment of Temporary Income Benefit Amount.
§129.5. Bona Fide Offers of Employment.
TRD-9900985
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: February 17, 1999
State Office of Administrative Hearings
Title 1, Part VII
The State Office of Administrative Hearings (SOAH) adopts the review of
Chapter 159, concerning administrative license suspension hearings, commonly
known as the Administrative License Revocation (ALR) Program, pursuant to
the Appropriations Act of 1997, HB 1, Article IX, Section 167 (Section 167),
published in the September 11, 1998, issue of the
Texas Register
(23 TexReg 9439). SOAH received no comments regarding
the Section 167 requirement that the reason for adopting these sections of
Chapter 159 continues to exist. Therefore, SOAH finds that the reason for
adopting Chapter 159, Rules of Procedure for Administrative License Suspension
Hearings, continues to exist.
As a result of the review process, SOAH proposed amendments to the following
sections: §§159.5, 159.7, 159.11, 159.13, 159.15, 159.17, 159.19,
159.21, 159.23, 159.23, and 159.25, 159.27, 159.29, 159.33, 159.35, 159.37,
159.39, and 159.41. SOAH also proposed a new section, § 159.4 Computation
of Time. The proposed amendments and proposed new section were published in
the September 11, 1998, issue of the
Texas Register
(23 TexReg 9181). Written comments were received by SOAH through October
11, 1998, and a public hearing was held on October 16, 1998. Written and oral
comments were received from Mr. Ronald Knight and the Texas Department of
Public Safety. Only oral comments were received from Mr. Lawrence G. Boyd,
representing the Dallas Criminal Defense Lawyers Association, Mr. Keith Hampton,
representing the Austin Criminal Defense Lawyers Association and from Mr.
Stuart Kinard, an attorney in private practice. All parties agreed that the
proposed sections which set out the procedures to be used in conducting administrative
license suspension hearings are necessary and appropriate. The parties generally
agreed with the sections as proposed; however, there were several proposed
changes that generated a great deal of discussion.
The comments and the adopted amendments with changes to the proposed text
are published concurrently in the adopted section of this issue of the
SOAH finds that the reason for adopting the remaining rules, §§159.1,
159.3, and 159.31 continues to exist and therefore readopts these rules. 1
TAC §159.1. Scope 1 TAC §159.3. Definitions 1 TAC §159.4. Computation
of Time 1 TAC §159.5. Notice of Suspension 1 TAC §159.7. Request
for Hearing 1 TAC §159.9. Scheduling of Hearing 1 TAC §159.11. Continuances
1 TAC §159.13. Pre-Hearing Discovery 1 TAC §159.15. Request for
Appearance of Department's Witnesses 1 TAC §159.17. Request for Subpoenas
1 TAC §159.19. Issues 1 TAC §159.21. Issues in Cases Involving Commercial
Drivers' Licenses 1 TAC §159.23. Hearing 1 TAC §159.25. Telephone
Hearing 1 TAC §159.27. Failure to Attend Hearing and Default 1 TAC §159.29.
Hearing Disposition 1 TAC §159.31. Decision of the Administrative Law
Judge 1 TAC §159.33. Effective Date of Suspensions 1 TAC §159.35.
Proceedings Open to the Public 1 TAC §159.37. Appeal of Judge's Decision
1 TAC §159.39. Stay of Suspension 1 TAC §159.41. Other Office Rules
of Procedure
TRD-9900875
Amalija J. Hodgins
Deputy Chief Administrative Law Judge
State Office of Administrative Hearings
Filed: February 10, 1999
Title 34, Part IV
The Employees Retirement System of Texas has reviewed §69.3, concerning
Members of Governing Boards, in accordance with the Appropriations Act, Article
IX, §167, and has determined that the reason for readopting the rules
continues to exist. The proposed review was published in the December 18,
1998, issue of the
Texas Register
(23 TexReg
12939). No comments were received regarding this review.
TRD-9900935
Sheila W. Beckett
Executive Director
Employees Retirement System of Texas
Filed: February 12, 1999
The Employees Retirement System of Texas has reviewed Chapter 85, concerning
the Flexible Benefits Program, in accordance with the Appropriations Act,
Article IX, §167, and has determined that the reason for readopting the
rules continues to exist. The proposed review was published in the December
18, 1998, issue of the
Texas Register
(23
TexReg 12939). No comments were received regarding this review.
TRD-9900934
Sheila W. Beckett
Executive Director
Employees Retirement System of Texas
Filed: February 12, 1999
Title 7, Part VII
Pursuant to the notice of proposed rule review published in the
Texas Register
(23 TexReg 12481) December 4, 1998, the State Securities
Board (Board) has reviewed and considered for readoption, revision, or repeal,
all sections of the following chapters of Title 7, Part VII of the Texas Administrative
Code, in accordance with the General Appropriations Act, Article IX, §167,
75th Legislature (1997): Chapter 117, Administrative Guidelines for Registration
of Real Estate Programs; Chapter 119, Publicly Offered Cattle Feeding Programs;
Chapter 121, Administrative Guidelines for Registration of Oil and Gas Programs;
Chapter 129, Administrative Guidelines for Registration of Asset-Backed Securities;
Chapter 141, Administrative Guidelines for Registration of Equipment Programs;
and Chapter 143, Administrative Guidelines for Registration of Real Estate
Investment Trusts.
The Board considered, among other things, whether the reasons for adoption
of these rules continue to exist. After its review, the Board finds that the
reasons for adopting these rules continue to exist and readopts these Chapters,
without changes, pursuant to the requirements of §167.
As part of the review process, the Board is proposing that Chapter 119,
Publicly Offered Cattle Feeding Programs, be repealed. The proposed repeal
of this chapter will be published in the "Proposed Rules" section of a future
issue of the
Texas Register
, in accordance
with the Administrative Procedure Act, Texas Government Code Annotated, Chapter
2001.
No comments were received regarding the readoption of Chapters 117, 119,
121, 129, 141, or 143.
TRD-9900959
Denise Voigt Crawford
Securities Commissioner
State Securities Board
Filed: February 12, 1999
Interagency Council on Early Childhood Intervention
Texas Veterans Commission
Board of Vocational Nurse Examiners
Texas Workers' Compensation Commission
Adopted Rule Reviews
Employees Retirement System of Texas
State Securities Board