TITLE rule-review

Proposed Rule Reviews

Interagency Council on Early Childhood Intervention

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 C. Procedural Safeguards and Due Process Procedures.

§621.41

§621.42

§621.43

§621.45

§621.46

§621.48

§621.49

The ECI is contemporaneously proposing amendments to these sections and §§621.25-621.31 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.

TRD-9900115

Donna Samuelson

Deputy Executive Director

Interagency Council on Early Childhood Intervention

Filed: January 11, 1999


Texas Education Agency

Title 19, Part II

The Texas Education Agency (TEA) proposes the review of 19 TAC Chapter 76, Extracurricular Activities, pursuant to the 1998-1999 General Appropriations Act, Section 167.

As required by Section 167, the TEA will accept comments as to whether the reason for adopting 19 TAC Chapter 76, continues to exist. The comment period will last for 30 days beginning with the publication of this notice.

Comments or questions regarding this rule review may be submitted to Criss Cloudt, Policy Planning and Research, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 463-9701, or electronically to rules@tmail.tea.state.tx.us.

TRD-9900101

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: January 11, 1999


Motor Vehicle Board, Texas Department of Transportation

Title 16, Part VI

The Texas Motor Vehicle Board of the Texas Department of Transportation files this notice of intent to review Title 16, Chapter 111, General Distinguishing Numbers relating to general distinguishing number licensing, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

As required by §167, the Board will accept comments regarding whether the reason for adopting each of the rules in 16 TAC Chapter 111 continues to exist. The Board will conduct the rule review at its March 4, 1999 meeting.

Any questions or written comments pertaining to this notice of intention to review should be directed to Brett Bray, Director, Motor Vehicle Division, Texas Department of Transportation, P. O. Box 2293, Austin, Texas 78768-2293 or at (512) 416-4910 by February 12, 1999.

TRD-9900068

Brett Bray

Division Director

Motor Vehicle Board, Texas Department of Transportation

Filed: January 8, 1999


Texas Real Estate Commission

Title 22, Part XXIII

The Texas Real Estate Commission proposes to review Chapter 541 in accordance with the Appropriations Act of 1997, HB 1, Article IX, Section 167. The commission will accept comments for 30 days following the publication of this notice in the Texas Register as to whether the reason for adopting this chapter continues to exist.

Any questions pertaining to this notice of intention to review should be directed to Mark A. Moseley, General Counsel, Texas Real Estate Commission. P.O. Box 12188, Austin, Texas 78711-2188 or e-mail to general.counsel@trec.state.tx.us.

TRD-9900131

Mark A. Moseley

General Counsel

Texas Real Estate Commission

Filed: January 12, 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 BB, Administrator Appraisal, pursuant to the 1998-1999 General Appropriations Act, Section 167. The TEA proposed the review of 19 TAC Chapter 150, Subchapter BB, in the November 27, 1998, issue of the Texas Register (23 TexReg 11970).

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 §150.1022, which may be found in the Proposed Rules section of this issue.

TRD-9900102

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: January 11, 1999


The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 153, School District Personnel, Subchapter AA, Commissioner's Rules Concerning School District Personnel Duties and Benefits, pursuant to the 1998-1999 General Appropriations Act, Section 167. The TEA proposed the review of 19 TAC Chapter 153, Subchapter AA, in the November 27, 1998, issue of the Texas Register (23 TexReg 11970).

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. No changes are being proposed to the rules as a result of the review.

TRD-9900103

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: January 11, 1999


The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 153, School District Personnel, Subchapter BB, Commissioner's Rules Concerning School District Staff Development, pursuant to the 1998-1999 General Appropriations Act, Section 167. The TEA proposed the review of 19 TAC Chapter 153, Subchapter BB, in the November 27, 1998, issue of the Texas Register (23 TexReg 11970).

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. No changes are being proposed to the rules as a result of the review.

TRD-9900104

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: January 11, 1999


Board of Vocational Nurse Examiners

Title 22, Part XII

In accordance with the Appropriations Act, §167, the Board of Vocational Nurse Examiners reviewed Chapter 235 of the Rules and Regulations Relating to Vocational Nursing Education, Licensure and Practice in the State of Texas for re-adoption of amendment at the December 7-8, 1998 Board Meeting.

The Board readopted all rules in Chapter 235 with the exception of the following rules which will be amended and proposed amendments published in a future issue of the Texas Register : §§235.4, 235.5, 235.6, 235.11, 235.17, and 235.19.

Comments on the review may be submitted to Mary M. Strange, Executive Director, Board of Vocational Nurse Examiners, 333 Guadalupe, Suite 3-400, Austin, Texas, 78701.

TRD-9900097

Mary M. Strange

Executive Director

Board of Vocational Nurse Examiners

Filed: January 11, 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 rules published in the October 30, 1998 issue of the Texas Register (23 TexReg 11173) the Texas Workers' Compensation Commission has reviewed and considered for readoption the following rules in Title 28, Part II of the Texas Administrative Code:

§104.1 Contents of Rule-Making Petitions.

§126.2 Payment of Benefits to Minors

§126.3 Payment of Benefits to Legally Incompetent Persons.

§126.4 Advance of Benefits Based on Financial Hardship.

§126.5 Procedure for Requesting Required Medical Examinations.

§126.6 Order for Required Medical Examinations.

§126.8 Commission-Approved Doctor List.

§126.9 Choice of Treating Doctor and Liability for Payment.

§126.10 Commission Approved List of Designated Doctors.

§126.11 Extension of the Date of Maximum Medical Improvement for Spinal Surgery.

The Texas Workers' Compensation Commission (the Commission) has assessed whether the reason for adopting or readopting these rules continues to exist. No comments were received regarding the review of these rules.

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-9900154

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: January 12, 1999


Texas Youth Commission

Title 37, Part III

In accordance with the General Appropriation Act, Article IX, Section 167, 75th Legislature, the Texas Youth Commission is adopting the review of Title 37, Part III, Chapters 81, 83, 85, and 87 concerning interaction with the public, purchasing youth services, admission and placement, and treatment. The proposed review was published in the November 13, 1998, issue of the Texas Register (23 TexReg 11671).

The Commission has determined that the reason for adopting these rules continues to exist.

As a part of the review process, the Commission is adopting the repeal of §87.77 Early Transition of Mentally Ill and Mentally Retarded Youth and §87.83 Intensive Resocialization Program. The adopted repeals may be found in the Adopted Rules section of the Texas Register .

Comments or questions pertaining to this notice of Intent to Review should be directed to Gail Graham, Policy and Manuals Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765 or send e-mail to: Gail.Graham@tyc.state.tx.us.

TRD-9900163

Steve Robinson

Executive Director

Texas Youth Commission

Filed: January 12, 1999