Title 1, Part X

The Department of Information Resources (DIR) files this notice of intention to review and consider for readoption, revision, or repeal, Title 1, Texas Administrative Code, Chapter 201, §201.15, "Charges for Copies of Public Records." This review and consideration is being conducted in accordance with the General Appropriations Act, House Bill 1, 75th Legislature, Article IX, §167. The review will include, at a minimum, an assessment by DIR as to whether the reasons for adopting or readopting these rules continue to exist.

Any questions or written comments pertaining to this rule review may be submitted to C. J. Brandt, Jr., General Counsel, P.O. Box 13564, Austin, Texas, 78711, via facsimile at (512) 475-4759, or via e-mail at . The deadline for comments is 30 days after publication in the Texas Register . Any proposed changes to these rules as a result of the rule review will be published in the Proposed Rules section of the Texas Register . The proposed rule changes will be open for public comment prior to final adoption or repeal by the department in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

TRD-9903604

C.J. Brandt, Jr.

General Counsel

Department of Information Resources

Filed: June 17, 1999

Title 37, Part XI

The Texas Juvenile Probation Commission files this notice of intention to review §341.1 Establishing Code of Ethics for Juvenile Probation Services Personnel and Providing for Enforcement of Code; §341.2 Local Juvenile Board Administration; 341.3 Juvenile Probation Services; 341.4 Juvenile Probation Personnel; 341.5 Local Juvenile Boards-Advisory Councils; 341.6 State Administration; 341.7 Waiver to Standards; 341.8 Vehicle Exemption; 341.9 Guidelines for Informal Adjustment Fees; 341.10 Complaints Against Juvenile Boards.

As a part of this review process, the Commission may propose amendments. If proposed, amendments will be found in the Proposed Rules section of the Texas Register . The Commission will accept comments within 30 days after publication of this notice to review on the §167 requirement as to whether the reason for adopting the rules continues to exist.

Any questions pertaining to this notice of intention to review should be directed to Erika Sipiora, Staff Attorney Legal & Legislative Affairs Division, Texas Juvenile Probation Commission, 4900 North Lamar Austin, Texas, 78758 or at voice telephone (512) 424-6739 or email at Erika.Sipiora@tjpc.state.tx.us.

TRD-9903603

Vicki Spriggs

Executive Directors

Texas Juvenile Probation Commission

Filed: June 16, 1999

Title 16, Part IX

The Texas Lottery Commission files this notice of intention to review Title 16, Chapter 403 (relating to General Administration) pursuant to the General Appropriations Act, House Bill 1, Article IX, §167, passed by the 75th Legislature (1997), and the Review Plan previously filed by the commission.

The commission will accept comments regarding whether the reason for adopting or readopting §403.101, as found in Title 16, Chapter 403, of the Texas Administrative Code, continues to exist. The deadline for the comments is 30 days after this publication in the Texas Register . Any proposed changes to the rule as a result of the review will be published in the Proposed Rules 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 commission.

Any questions or written comments pertaining to this notice of intention to review 16 TAC §403.101 should be directed to Diane Weidert Morris, Assistant General Counsel, Texas Lottery Commission, P.O. Box 16630, Austin, Texas, 78761-6630 or by fax at (512) 344-5189.

TRD-9903759

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: June 23, 1999

Title 22, Part IX

The Texas State Board of Medical Examiners proposes to review Chapter 164 (§164.1), concerning Advertising, pursuant to the Appropriations Act of 1997, House Bill, Article IX, §167.

The agency's reason for adopting the rule contained in this chapter continues to exist.

Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768-2018.

TRD-9903666

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

Executive Director

Texas State Board of Medical Examiners

Filed: June 21, 1999

The Texas State Board of Medical Examiners proposes to review Chapter 165 (§§165.1-165.3), concerning Medical Records, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

The agency's reason for adopting the rules contained in this chapter continues to exist.

Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768-2018.

TRD-9903667

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

Executive Director

Texas State Board of Medical Examiners

Filed: June 21, 1999

The Texas State Board of Medical Examiners proposes to review Chapter 167 (§§167.1-167.3), concerning Reinstatement, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

The agency's reason for adopting the rules contained in this chapter continues to exist.

The Texas State Board of Medical Examiners is contemporaneously proposing new §§167.4-167.6 elsewhere in this issue of the Texas Register.

Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768-2018.

TRD-9903668

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

Executive Director

Texas State Board of Medical Examiners

Filed: June 21, 1999

The Texas State Board of Medical Examiners proposes to review Chapter 168 (§168.1), concerning Persons With Criminal Backgrounds, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

The agency's reason for adopting the rule contained in this chapter continues to exist.

Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768-2018.

TRD-9903669

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

Executive Director

Texas State Board of Medical Examiners

Filed: June 21, 1999

The Texas State Board of Medical Examiners proposes to review Chapter 169 (§§169.1-169.8), concerning Authority of Physicians to Supply Drugs, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

The agency's reason for adopting the rules contained in this chapter continues to exist.

Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768-2018.

TRD-9903670

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

Executive Director

Texas State Board of Medical Examiners

Filed: June 21, 1999

The Texas State Board of Medical Examiners proposes to review Chapter 179 (§§179.1-179.6), concerning Investigation Files, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

The agency's reason for adopting the rules contained in this chapter continues to exist.

The Texas State Board of Medical Examiners is contemporaneously proposing an amendment to §179.2 elsewhere in this issue of the Texas Register.

Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768-2018.

TRD-9903671

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

Executive Director

Texas State Board of Medical Examiners

Filed: June 21, 1999

The Texas State Board of Medical Examiners proposes to review Chapter 180 (§180.1), concerning Rehabilitation Orders, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

The agency's reason for adopting the rule contained in this chapter continues to exist.

Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768-2018.

TRD-9903672

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

Executive Director

Texas State Board of Medical Examiners

Filed: June 21, 1999

The Texas State Board of Medical Examiners proposes to review Chapter 188 (§188.1), concerning Complaint Procedure Notification, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

The agency's reason for adopting the rule contained in this chapter continues to exist.

Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768-2018.

TRD-9903673

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

Executive Director

Texas State Board of Medical Examiners

Filed: June 21, 1999

The Texas State Board of Medical Examiners proposes to review Chapter 190 (§190.1), concerning Disciplinary Guidelines, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

The agency's reason for adopting the rule contained in this chapter continues to exist.

Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768-2018.

TRD-9903674

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

Executive Director

Texas State Board of Medical Examiners

Filed: June 21, 1999

The Texas State Board of Medical Examiners proposes to review Chapter 191 (§§191.1-191.5), concerning District Review Committees, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

The agency's reason for adopting the rules contained in this chapter continues to exist.

Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768-2018.

TRD-9903675

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

Executive Director

Texas State Board of Medical Examiners

Filed: June 21, 1999

The Texas State Board of Medical Examiners proposes to review Chapter 196 (§§196.1-196.5), concerning Voluntary Surrender of a Medical License, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

The agency's reason for adopting the rules contained in this chapter continues to exist.

Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768-2018.

TRD-9903676

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

Executive Director

Texas State Board of Medical Examiners

Filed: June 21, 1999

The Texas State Board of Medical Examiners proposes to review Chapter 198 (§198.1), concerning Unlicensed Practice, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

The agency's reason for adopting the rule contained in this chapter continues to exist.

Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC-901, Austin, Texas 78768-2018.

TRD-9903677

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

Executive Director

Texas State Board of Medical Examiners

Filed: June 21, 1999

Title 30, Part I

The Texas Natural Resource Conservation Commission (commission) proposes the review of 30 TAC Chapter 119, concerning Control of Air Pollution from Carbon Monoxide (CO). This review is in accordance with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997.

The General Appropriations Act, Article IX, §167 requires state agencies to review and consider for readoption rules adopted under the Administrative Procedures Act. The reviews must include, at a minimum, an assessment that the reason for the rules continues to exist. Chapter 119 requires the incineration of vent gas streams from blast furnaces, iron cupolas, and catalyst regeneration units for the purpose of controlling emissions of CO. The chapter applies only in Aransas, Bexar, Brazoria, Calhoun, Dallas, El Paso, Galveston, Harris, Jefferson, Matagorda, Montgomery, Nueces, Orange, San Patricio, Travis, Victoria, Hardin, and Tarrant Counties.

The commission has reviewed the rules in Chapter 119 and determined that a need for those rules no longer exists. Through a search of the emission inventory (EI) database, the commission has determined that, with one exception, sources that are the subject of this rule are either subject to more restrictive air pollution control conditions of new source review permits or, in the case of blast furnaces, no longer exist. The EI data indicates that there is a single iron cupola in Harris County emitting approximately 15 tons per year of CO. Due to the small size of the source, the incineration is not required for the reduction of CO to protect public health from air pollution.

Additionally, the vent gas incineration method required by Chapter 119 is an ineffective method of CO control for catalyst regeneration units, and produces nitrogen oxides (NO _x ). NO _x is a precursor gas to ozone formation, and the commission is implementing a policy of NO _x control in those areas of the state failing to meet the National Ambient Air Quality Standards for ozone. Sources under the air pollution control conditions of permits are required to use CO control technology which reduces CO while limiting the production of NO _x . Certain sources, such as catalyst regeneration units, also remain subject to the CO emission limitations in 40 Code of Federal Regulations (CFR) §60.103, but not to a specific and ineffective control method as specified in Chapter 119.

The control method specified in Chapter 119 requires incineration of CO containing waste gas at 1,300 degrees Fahrenheit. This temperature is not high enough to convert the CO to CO ₂ . The minimum temperature required to begin the combustion of CO is 1,400 degrees. Therefore, the requirements of Chapter 119 do not result in any significant decrease in CO, but do produce NO _x . The commission concludes that the control requirements of Chapter 119 are not necessary to protect the air resources of the state; accordingly, the commission has determined that the chapter can be safely repealed without creating a threat to public health.

Any new source that would be a significant producer of CO will be subject to the air pollution control requirements of either new source review or prevention of significant deterioration permitting and would be subject to 40 CFR §60.103.

The commission concurrently proposes to repeal Chapter 119 in the Proposed Rules section of this issue of the Texas Register . This repeal is proposed as a result of the commission's review of the rule, and is based on the commission's determination, as required by the General Appropriations Act, Article IX, §167, 75th Legislature, that a need for the rule no longer exists.

Comments on the commission's review of Chapter 119 and its proposed repeal may be mailed to Casey Vise, MC 205, Office of Environmental Policy, Analysis, and Assessment, Texas Natural Resource Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. All comments should reference Rule Log Number 98035-119-AI. Comments must be received by August 2, 1999. For further information, please contact Beecher Cameron, of the Policy and Regulations Division, at (512) 239-1495.

TRD-9903629

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: June 17, 1999

The Texas Natural Resource Conservation Commission (TNRCC or commission) proposes the review of the rules in 30 Texas Administrative Code (TAC) Chapter 333, concerning Voluntary Cleanup Programs. This review complies with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997.

The General Appropriations Act, Article IX, §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 Chapter 333 and determined that the reason for their adoption continues to exist.

These rules are necessary to effectively administer, manage, and implement the Brownfields Initiatives (Subchapter A - Voluntary Cleanup Programs and Subchapter B - Innocent Owner/Operator Certification) in the state. These rules provide for the implementation and clarification of requirements set forth in the Voluntary Cleanup Program (VCP) and Innocent Owner/Operator Program (IOP) laws. The VCP rules establish procedures for the VCP including eligibility, public participation, partial cleanups, and effects on other program areas, and the IOP rules establish procedures for the IOP including eligibility, application requirements, information provided by adjacent owners/operators, withdrawal/denial of a certificate, and access.

The commission believes the rules affecting the VCP and IOP meet the commission's regulatory reform goals of clear succinct standards that establish appropriate administrative procedures, important flexibility, and necessary interpretation of statutory requirements. Therefore, the commission is not proposing any amendments to Chapter 333 as part of this rules review. In a separate action, however, the commission notes that amendments to Chapter 333, Subchapter A, were proposed on March 26, 1999 (24 TexReg 2186) to conform with the proposed Texas Risk Reduction Program (TRRP). If adopted, the proposed TRRP rule would guide the investigation, development of cleanup levels, and response actions for most remediations conducted under the agency's Office of Waste Management. The comment period for the proposed amendments to Chapter 333, Subchapter A, closed May 11, 1999.

A public hearing on this proposal will be held on July 13, 1999, at 10:00 a.m. in Room 254S of Texas Natural Resource Conservation Commission, Building E, located at 12100 Park 35 Circle, Austin. The hearing is structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not occur during the hearing; however, an agency staff member will be available to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Comments on the commission's review of the rules may be submitted to Bettie Bell, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. All comments should reference Rule Log Number 99005-333-WS. Comments must be received by 5:00 p.m., August 2, 1999. For further information, please contact Charles Epperson, Voluntary Cleanup Program, (512) 239-2498.

TRD-9903684

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: June 21, 1999

Title 30, Part I

The Texas Natural Resource Conservation Commission (commission) adopts the review of Chapter 70, concerning Enforcement. This review complies with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997. The proposed notice of review was published in the January 29, 1999, issue of the Texas Register (24 TexReg 608).

The commission readopts Chapter 70, concerning Enforcement, 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 continue to exist. The commission has reviewed the rules in Chapter 70 and determined that the reasons for adopting these rules continue to exist. The rules are necessary to establish the procedures whereby enforcement matters are handled by the commission. Enforcement is an essential tool to maintaining compliance of regulated entities and is specifically provided for by the Texas Legislature in Texas Water Code, §7.002.

The commission concurrently adopts amendments to §§70.2, 70.5, 70.7-70.11, 70.51, 70.101, 70.102, and 70.104-70.106 in the Adopted Rules section of this issue of the Texas Register . The changes implement state statutory requirements. These changes are adopted as a result of the commission's review of the rules, and primarily address the commission's regulatory reform goals. In addition, changes are adopted which would clarify the rules to make them more clearly consistent with applicable state statutes and the Texas Rules of Civil Procedure. The specific changes are noted in the proposed rule preamble.

The comment period for the review closed on March 1, 1999. No comments were received on the proposed notice of review.

TRD-9903638

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: June 17, 1999

Title 37, Part I

The Texas Department of Public Safety (DPS) has completed the review of Chapter 4, Capitol Police; Chapter 14, School Bus Transportation; and Chapter 16, Commercial Driver's License. Pursuant to the requirements of §167 of the Appropriations Act the DPS readopts the following: Chapter 4: §§4.2-4.10, and §§4.31-4.46; Chapter 14: §14.35; and Chapter 16: §§16.3-16.8, 16.11, 16.12, 16.31, 16.33, 16.35-16.37, 16.39-16.42, 16.44-16.46, 16.50, 16.51, 16.53-16.55, 16.72, 16.73, 16.78, 16.92, 16.103, and 16.104.

The proposed review was published in the March 19, 1999, issue of the Texas Register (24 TexReg 2032).

The DPS received no comments as to whether the reason for adopting the rules continues to exist. The DPS finds that the reason for adopting these rules continues to exist.

As part of this review process, the DPS proposed amendments to the following sections as published in the March 19, 1999, issue of the Texas Register (24 TexReg 1978). The DPS proposed amendments to Chapter 4, §4.1. Amendments to Chapter 14 included §§14.1, 14.2, 14.11-14.14, 14.31-14.34, 14.36, 14.51, and 14.52. Amendments to Chapter 16 included §§16.1, 16.2, 16.9, 16.10, 16.13, 16.32, 16.34, 16.38, 16.43, 16.47-16.49, 16.52, 16.71, 16.74-16.77, 16.91, 16.93-16.102, and 16.105.

One comment was received concerning Chapter 14, §14.12. The commenter was concerned with proposed legislation that would allow advanced nurse practitioners to perform physical exams as part of the school bus driver physical examination. The department's response is that if legislation were passed to allow other health professionals to perform these exams, the section and forms would be amended at that time. No other comments were received. The DPS finds that the reason for adopting these rules continues to exist.

TRD-9903617

Dudley M. Thomas

Director

Texas Department of Public Safety

Filed: June 17, 1999