TITLE rule-review

Proposed Rule Review

Comptroller of Public Accounts

Title 34, Part I

The Comptroller of Public Accounts proposes to review and consider for readoption, revision, or repeal all sections of Texas Administrative Code, Title 34, Part I, Chapter 5, Subchapter A (relating to Judiciary Department Procedures), Subchapter B (relating to Claims Processing--Electronic Funds Transfers), Subchapter C (relating to Claims Processing--Travel Vouchers), Subchapter D (relating to Claims Processing--Payroll), Subchapter E (relating to Claims Processing--Purchase Vouchers), Subchapter F (relating to Claims Processing--General Requirements), Subchapter L (relating to Claims Processing--Duplicate Warrants), Subchapter N (relating to Funds Accounting--Accounting Policy Statements) and Subchapter O (relating to Uniform Statewide Accounting System). This review and consideration is being conducted in accordance with Article IX, Section 167, of H. B. 1, 75th Texas Legislature. The review will include, at a minimum, whether the reasons for adopting or readopting the rules continue to exist.

In accordance with the above referenced Section 167, the Comptroller will accept comments regarding whether the reason for adopting or readopting each of these rules continues to exist. The comment period will last for 30 days beginning with the publication of this notice in the Texas Register .

Comments pertaining to this notice to review Subchapters A, B, C, D, E, F, L, N, and O may be submitted to T. C. Mallett, Director, Fiscal Management, P.O. Box 13528, Austin, Texas 78711-3528.

TRD-9904100

Martin Cherry

Special Counsel

Comptroller of Public Accounts

Filed: July 9, 1999


Adopted Rule Reviews

Texas Motor Vehicle Board, Texas Department of Transportation

Title 16, Part VI

The Texas Motor Vehicle Board of the Texas Department of Transportation readopts 16 TAC Chapter 107, Warranty Performance Obligations, relating to lemon law and warranty complaint procedures and hearings, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167. Notice of the proposed review was published in the February 12, 1999, issue of the Texas Register (24 TexReg 1004). The Board finds that the reasons for adopting Chapter 107, Warranty Performance Obligations, continue to exist.

No comments were received related to the rule review requirement as to whether the reason for adopting the rules continue to exist. As a result of the review process, the Board will propose amendments to §§107.1-107.11 and the repeal of §107.12. The proposals will be published in the Texas Register in accordance with the Administrative Procedure Act.

These rules are adopted under the Texas Motor Vehicle Commission Code, §3.06, which provides the Board with authority to adopt rules as necessary and convenient to effectuate the provisions of the Act and to govern practice and procedure before the agency.

TRD-9904093

Brett Bray

Division Director

Texas Motor Vehicle Board, Texas Department of Transportation

Filed: July 9, 1999


Texas Optometry Board

Title 22, Part XIV

The Texas Optometry Board has reviewed Title 22, 277, Practice and Procedure; 279, Interpretations; and 280, Therapeutic Optometry; pursuant to H.B. 1, Article IX, Section 167, 75th Leg., R.S. (1997), and the review plan previously filed by the agency. The agency reviewed for re-adoption the following rules:

§277.1. Complaint Procedures

§277.2. Disciplinary Proceedings

§277.3. Probation

§277.4. Reinstatement

§277.5. Felony Convictions

§277.6. Administrative Fines and Penalties

§279.1. Board Interpretation Number One

§279.2. Board Interpretation Number Two

§279.3. Board Interpretation Number Three

§279.4. Board Interpretation Number Four

§279.5. Board Interpretation Number Five

§279.6. Board Interpretation Number Six

§279.7. Board Interpretation Number Seven

§279.9. Board Interpretation Number Nine

§280.1. Application for Certification

§280.2. Required Education

§280.3. Certified Therapeutic Optometrist Examination

§280.4. Utilization of Pharmaceutical Agents

§280.5. Prescription and Diagnostic Drugs for Therapeutic Optometry

§280.6. Advertising by Therapeutic Optometrists

The proposed review of these rules was published in the May 7, 1999, Texas Register (24 TexReg 3548). There were no comments on the review as proposed.

The Texas Optometry Board finds that the reasons for adopting these rules continue to exist. Therefore the agency re-adopts these rules.

The Board did not review Rule 279.11 which is proposed for repeal because of amendments to Rule 279.13. The proposed repeal will be published in the appropriate section of the Texas Register . Amendments to Rule 279.13 were proposed and published in the May 7, 1999, Texas Register (24 TexReg 3443). The adopted rule will be published in the appropriate section of the Texas Register .

The Board did not review Rule 279.17 which is proposed for repeal because of amendments to the Act under HB 1051. The proposed repeal will be published in the appropriate section of the Texas Register .

TRD-9904201

Lois Ewald

Executive Director

Texas Optometry Board

Filed: July 12, 1999


State Securities Board

Title 7, Part VII

Pursuant to the notice of proposed rule review published in the Texas Register (24 TexReg 1644) March 5, 1999, 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, Section 167, 75th Legislature (1997): Chapter 113, Registration of Securities; Chapter 114, Federal Covered Securities; Chapter 123, Administrative Guidelines for Registration of Open-End Investment Companies; Chapter 125, Minimum Disclosures in Church and Nonprofit Institution Bond Issues; Chapter 135, Industrial Development Corporations and Authorities; and Chapter 137, Administrative Guidelines for Regulation of Offers.

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 Section 167.

As part of the review process, the Board is proposing that Chapter 135, Industrial Development Corporations and Authorities, be repealed and replaced with a simple, distinct exemption addressing these types of securities. The proposed repeal of this chapter and its replacement with an exemption will be published in the "Proposed Rules" section 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 113, 114, 123, 125, 135, or 137.

TRD-9904105

Denise Voigt Crawford

Securities Commissioner

State Securities Board

Filed: July 9, 1999