The Texas Commission on Jail Standards proposes to review the following sections from Chapter 255 pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167:

255.1

255.2

255.3

255.4

255.5

Comments on the review of these proposed rules may be submitted to Lynn Weatherby, Texas Commission on Jail Standards, P.O. Box 12985, Austin, Texas 78711.

TRD-9818504

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Filed: December 21, 1998

The Texas Commission on Jail Standards proposes to review the following sections from Chapter 257 pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167:

257.1

257.2

257.3

257.4

257.5

257.6

257.7

257.8

257.9

257.10

The Texas Commission on Jail Standards is contemporaneously proposing amendments to: §257.9 and §257.10 in this issue of the Texas Register .

Comments on the review of these proposed rules may be submitted to Lynn Weatherby, Texas Commission on Jail Standards, P.O. Box 12985, Austin, Texas 78711.

TRD-9818505

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Filed: December 21, 1998

Title 30, Part I

The Texas Natural Resource Conservation Commission (commission) proposes the review of the rules in 30 TAC Chapters 1, 3, 5, 10, 20, and 40, concerning procedural rules. This review complies with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997.

The commission proposes to review the following rules: 30 TAC Chapter 1, concerning Purpose of Rules, General Provisions; 30 TAC Chapter 3, concerning Definitions; 30 TAC Chapter 5, concerning Advisory Committees; 30 TAC Chapter 10, concerning Commission Meetings; 30 TAC Chapter 20, concerning Rulemaking; and 30 TAC Chapter 40, concerning Alternative Dispute Resolution Procedure, as required by the General Appropriations Act, Article IX, §167. Section 167 requires state agencies to review and consider for readoption rules adopted under the Administrative Procedure Act. The review must include, at a minimum, an assessment that the reason for the rules continues to exist. The commission has reviewed the rules in each of these chapters and determined that the reasons for adopting these rules continue to exist. The rules are necessary to establish general commission procedures, as required by Texas Government Code, §2001.044. These rules are also necessary to prescribe certain commission procedural requirements for general agency operations, commission advisory committees, commission meetings, commission rulemaking activities, and alternative dispute resolution.

The commission concurrently proposes amendments to §;1.5, 3.2, 5.5, and 10.4 in the Proposed Rules section of this issue of the Texas Register. The changes were identified during the course of the commission's review and primarily correct statutory references and make clarifications. In addition, the commission proposes conforming changes in 30 TAC Chapters 305 and 312 in this edition of the Texas Register. The specific changes are noted in the proposed rule preamble for each action.

Comments on the commission's review of the rules contained in Chapters 1, 3, 5, 10, 20, and 40 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) 239-4808. All comments should reference Rule Log Number 98049-001-AD. Comments must be received by February 1, 1999. For further information, please contact Brian Christian, Policy Research Division, at (512) 239-1760.

TRD-9818455

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: December 18, 1998

Title 16, Part II

The Public Utility Commission of Texas files this notice of intention to review §§23.24 relating to Form and Filing of Tariffs, 23.25 relating to Procedures Applicable to Chapter 58- Electing Incumbent Local Exchange Companies (ILECs), 23.26 relating to New and Experimental Services, 23.27 relating to Rate-Setting Flexibility for Services Subject to Significant Competitive Challenges, and 23.28 relating to Promotional Rates for LEC Services pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167 (Section 167). Project Number 17709 has been assigned to the review of these rule sections.

As part of this review process, the commission is proposing the repeal of §§23.24-23.28 and is proposing new §25.241 relating to Form and Filing of Tariffs in Chapter 25, Substantive Rules Applicable to Electric Service Providers; and proposing new §§26.207 relating to Form and Filing of Tariffs, 26.208 relating to General Tariff Procedures, 26.209 relating to New and Experimental Services, 26.210 relating to Promotional Rates for Local Exchange Company Services, 26.211 relating to Rate-Setting Flexibility for Services Subject to Significant Competitive Challenges, and 26.212 relating to Procedures Applicable to Chapter 58 Electing Incumbent Local Exchange Companies in Chapter 26, Substantive Rules Applicable to Telecommunications Service Providers to replace these sections. Project Number 20074 has been established for proposed §25.241 and Project Number 20075 has been established for proposed §§26.207-26.212. The proposed new sections and the proposed repeal may be found in the Proposed Rules section of the Texas Register. The commission will accept comments on the §167 requirement in the comments filed on the proposed new sections.

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.

23.24. Form and Filing of Tariffs.

23.25. Procedures Applicable to Chapter 58-Electing Incumbent Local Exchange Companies (ILECS).

23.26. New and Experimental Services.

23.27. Rate Setting Flexibility for Services Subject to Significant Competitive Challenges.

23.28. Promotional Rates for LEC Services.

TRD-9818412

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 16, 1998

The Public Utility Commission of Texas files this notice of intention to review §23.40 relating to Prepaid Local Telephone Service pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167 (Section 167). Project Number 17709 has been assigned to the review of these rule sections.

As part of this review process, the commission is proposing the repeal of §23.40 and under Project Number 19517 has proposed new §26.29 relating to Prepaid Local Telephone Service to replace §23.40. 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 §167 requirement 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 North Congress Avenue, Austin, Texas 78711-3326 or at voice telephone (512) 936-7308.

TRD-9818429

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 17, 1998

Title 22, Part XXVII

The Board of Tax Professional Examiners (Board) proposes the review of the following sections of 22 Texas Administrative Code (TAC) Chapter 621, and 624.

Chapter 621 relates to the Administration of the Board, §621.1. Powers and Duties. Chapter 624 relates to the Education procedures of the Board, §624.1 Definitions, §624.2 Curriculum, §624.3 Content Outlines, §624.4 Sponsors, §624.5 Course Approval and Administration, §624.6 Course Equivalency, §624.7 Instructors, §624.8 Evaluation, §624.9 Guidance, §624.10 Elective Courses, §624.11 Continuing Education.

The Board proposes to review these rules as required by the General Appropriations Act, Article IX, §167. 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 reason for the rules continues to exist. The Board has reviewed the rules in Chapter 621, 624 and determined that the reasons for adopting those rules continue to exist. The rules are necessary for the regulation of state water in the state by the commission, and the protection of groundwater.

Any questions pertaining to this notice of intention to review should be directed to Chrisitne LaPenna, Rules Coordinator, Board of Tax Professional Examiners, 333 Guadalupe Street, Tower 2, Suite 520, Austin, Texas, 78711, or at voice telephone (512) 305-7301.

TRD-9818436

David E. Montoya

Executive Director

Board of Tax Professional Examiners

Filed: December 18, 1998

Title 43, Part I

In accordance with the General Appropriations Act of 1997, House Bill 1, Article IX, §167, the Texas Department of Transportation files this notice of intention to review Title 43, TAC, Part I, §§22.10-22.16, Use of State Highway Right of Way; §25.1, Uniform Traffic Control Devices; §25.2, Freeway Corridor Management System; §25.5, Installation, Operation, and Maintenance of Traffic Signals; §25.6, Payment for and Erection of Signs by Others on State Highway Routes; §25.7, Removal and Storage of Personal Property; §25.9, Naming of Memorial Highways and Historical Routes; §25.10, Signs on State Highway Right of Way; §25.11, Continuous and Safety Lighting Systems; §25.12, Procedures for Establishing Speed Zones; §§25.70-25.76, Railroad Grade Crossings; §§25.101-25.104, Hazardous Material Routing Designations; §§25.400-25.409, Specific Information Logo Sign Program; §§25.420-25.425, City Pride Sign Program; §§25.700-25.708, Agricultural Interest Sign Program; and §§25.901-25.913, Traffic Safety Program.

As required by §167, the department will accept comments regarding whether the reason for adopting each of the rules in these sections continues to exist. The comment period will last 30 days beginning with the publication of this notice of intention to review.

Comments or questions regarding this rule review may be submitted in writing to Tom Newbern, Director, Traffic Operations Division, Texas Department of Transportation, 125 E. 11th Street, Austin, Texas, 78701-2483, or at (512) 416-3200.

TRD-9818478

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: December 21, 1998

The Employees Retirement System of Texas (ERS) has reviewed the following Sections, concerning Hearings on Disputed Claims, in accordance with the Appropriations Act, §167, and has determined that the reason for adopting these rules continues to exist. The proposed Rule Review was published in the November 6, 1998, issue of the Texas Register (23 TexReg 11413). In addition, the proposed amendments were published in the November 6, 1998, issue of the Texas Register (23 TexReg 11323). Please refer to the Adopted Rules Section in this issue of the Texas Register to see the adopted rules. No comments were received regarding the following sections:

§67.3. Definitions.

§67.5. Appeal of Denied Claims.

§67.7. Filing of Documents.

§67.9. Computation of Time.

§67.13. Conduct and Decorum.

§67.15. Classification of Parties.

§67.17. Parties Defined.

§67.21. Intervention.

§67.23. Representative Appearances.

§67.25. Classification of Pleadings.

§67.27. Form and Content of Pleadings.

§67.31. Written Motions.

§67.33. Amended Pleadings.

§67.35. Incorporation of Board Records by Reference.

§67.37. Docketing and Number of Causes.

§67.39. Notice and Service.

§67.41 Contents of Notice.

§67.43. Dismissal Without Hearing.

§67.45. Prehearing Conference.

§67.47. Postponements or Continuances.

§67.49. Motion for Consolidation.

§67.51. Place and Nature of Hearings.

§67.53. Presiding Officer.

§67.55. Order of Procedure.

§67.57. Reporters and Transcripts.

§67.61. Offer of Proof.

§67.63. Briefs.

§67.65. The Record.

§67.73. Documentary Evidence.

§67.75. Admissibility of Prepared Testimony and Exhibits.

§67.77. Introduction of Exhibits.

§67.79. Limit on Number of Witnesses.

§67.81. Examiner's Report and Proposal for Decision.

§67.83. Filing of Exceptions and Replies.

§67.87. Oral Argument Before the Board.

§67.89. Presentation of Contested Cases to the Board.

§67.91. Form, Content, and Service of Orders.

§67.93. Administrative Finality. §67.97. Rehearing.

§67.103. Subpoenas.

§67.105. Depositions.

§67.107. Discovery Generally.

§67.109. Witness Fees.

§67.111. Conflicting Claims to Benefits.

In addition, the following repeals have been adopted.

§67.29. Service of Pleadings.

§67.59. Formal Exceptions.

§67.67. Witnesses To Be Sworn.

No comments were received on the proposed repeals.

TRD-9818499

Sheila W. Beckett

Executive Director

Employees Retirement System of Texas

Filed: December 21, 1998

Title 1, Part II

Notice of Intention to Review:

In accordance with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997, the Texas Ethics Commission proposes to review Title 1, Texas Administrative Code, Chapters 18 (General Rules Concerning Reports), 20 (Reporting Political Contributions and Expenditures), 22 (Restrictions on Contributions and Expenditures), 24 (Restrictions on Contributions and Expenditures Applicable to Corporations and Labor Organizations). The reason for adopting the rules continues to exist.

Comments on the proposed review from any member of the public are solicited. A written comment should be mailed or delivered to Karen Lundquist, Texas Ethics Commission, P.O. Box 12070, Austin, TX 78711-2070, or by facsimile (FAX) to (512) 463-5777. A person who wants to offer spoken comments to the commission concerning the proposed review may do so at any commission meeting during the agenda item "Communication to the Commission from the Public." Information concerning the date, time, and location of commission meetings is available by telephoning (512) 463-5800 or, toll free in Texas, (800) 325-8506.

TRD-9818475

Tom Harrison

Executive Director

Texas Ethics Commission

Filed: December 18, 1998

Title 31, Part I

In the October 2, 1998, issue of the Texas Register (23 TexReg 10051), the General Land Office proposed a conclusion that all its rules in Chapter 9, relating to Exploration & Leasing of Oil and Gas, except §§9.4 and 9.7), had been reviewed and that the agency's reasons for adopting these rules continued to exist. No comments were received on this proposed finding and the GLO now adopts this finding. However, the General Land Office also decided to update and to reformat these Chapter 9 rules. (Note: §§9.4 and 9.7 were renumbered as part of the reformatting but these rules will not be reviewed for purposes of the Appropriations Act, §167, until the fiscal year 2000.)

By separate concurrent rule actions, the General Land Office is renumbering and adopting, with changes, all its rules in Chapter 9, relating to Exploration and Leasing of Oil and Gas, except (1) its rule relating to Geophysical Exploration Permits (old rule §9.4, which is being renumbered as current rule §9.11), and (2) its rule relating to Royalty and Reporting Obligations to the State (former rule §9.7, which is being renumbered as current rule §9.51).

TRD-9818448

Garry Mauro

Chairman

General Land Office

Filed: December 18, 1998

The General Land Office (GLO) adopts without changes, Chapter 10, relating to Exploration & Development of State Minerals Other Than Oil and Gas in accordance with the Appropriations Act, §167.

No comments were received regarding the adoption of this chapter.

TRD-9818414

Garry Mauro

Chairman

General Land Office

Filed: December 17, 1998

The General Land Office (GLO) adopts without changes, Chapter 151, relating to General Rules of Practice and Procedures in accordance with the Appropriations Act, §167.

No comments were received regarding the repeal of this chapter.

The GLO adopts without changes, new Chapter 151, relating to Operations of the School Land Board in accordance with the Appropriations Act, §167.

No comments were received regarding the adoption of this new chapter.

TRD-9818415

Garry Mauro

Chairman

General Land Office

Filed: December 17, 1998

The General Land Office (GLO) adopts without changes, Chapter 153, relating to Exploration and Development in accordance with the Appropriations Act, §167.

No comments were received regarding the repeal of this chapter.

TRD-9818416

Garry Mauro

Chairman

General Land Office

Filed: December 17, 1998

The General Land Office (GLO) adopts without changes, Chapter 201, relating to General Rules in accordance with the Appropriations Act, §167.

No comments were received regarding the repeal of this chapter

The GLO adopts without changes, new Chapter 201, relating to Boards for Lease of State-Owned Lands in accordance with the Appropriations Act, §167.

No comments were received regarding the adoption of this new chapter.

TRD-9818417

Garry Mauro

Chairman

General Land Office

Filed: December 17, 1998