Title 16, Part III

The Texas Alcoholic Beverage Commission files its notice of intention to review its rules contained in Title 16, Texas Administrative Code, Chapter 35, governing enforcement. This review is conducted pursuant to Appropriations Act, 1997, House Bill 1, Article IX, §167.

The commission will receive comments on whether the need for any rule contained within this chapter still exists and whether any of these rules require amendment. Amendments or repeal of existing rules proposed by the commission will appear in the proposed rules section of the Texas Register and will be acted on in accordance with normal state rule making procedures.

Comments may be directed to Lou Bright, General Counsel, Texas Alcoholic Beverage Commission, P.O. Box 13127, Austin, Texas 78711.

TRD-9903065

Doyne Bailey

Administrator

Texas Alcoholic Beverage Commission

Filed: May 25, 1999

The Texas Alcoholic Beverage Commission files its notice of intention to review its rules contained in Title 16, Texas Administrative Code, Chapter 36, governing gun regulation. This review is conducted pursuant to Appropriations Act, 1997, House Bill 1, Article IX, §167.

The commission will receive comments on whether the need for any rule contained within this chapter still exists and whether any of these rules require amendment. Amendments or repeal of existing rules proposed by the commission will appear in the proposed rules section of the Texas Register and will be acted on in accordance with normal state rule making procedures.

Comments may be directed to Lou Bright, General Counsel, Texas Alcoholic Beverage Commission, P.O. Box 13127, Austin, Texas 78711.

TRD-9903066

Doyne Bailey

Administrator

Texas Alcoholic Beverage Commission

Filed: May 25, 1999

Title 37, Part I

The Texas Department of Public Safety (DPS) files this notice of intention to review Chapter 6 - License to Carry Concealed Handgun, Chapter 11 - Commercial Vehicle Registration, and Chapter 17 - Administrative License Revocation pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, Section 167.

As part of this review process, the DPS is proposing amendments to Chapter 6: §§6.1, 6.3-6.5, 6.11, 6.14-6.18, 6.31, 6.43-6.45, 6.61, 6.63, 6.82, 6.84, 6.95, 6.114, and 6.118. Section 6.21 is proposed for repeal with simultaneous filing of new §6.21. Chapter 11 amendments include §§11.1, 11.5, 11.51, and 11.52. §§11.28 and 11.41-11.44 are proposed for repeal. Chapter 17, §§17.1-17.16 are proposed for repeal with simultaneous filing of new §§17.1-17.16. The proposed amendments, repeals, and new sections may be found in the Proposed Rules section of the Texas Register . The DPS will accept comments on the Section 167 requirement as to whether the reason for adopting the rules continues to exist in the comments filed on the proposed amendments.

The DPS is not proposing any changes to Chapter 6: §§6.2, 6.12, 6.13, 6.19, 6.20, 6.32, 6.41, 6.42, 6.46, 6.47, 6.51-6.54, 6.62, 6.71-6.81, 6.83, 6.85-6.94, 6.96, 6.111-6.113, 6.115-6.117, and 6.119; and to Chapter 11: §§11.2-11.4, 11.53, and 11.61. The DPS's reason for adopting these sections continues to exist. Comments regarding the Section 167 requirements as to whether the reason for adopting these sections of Chapters 6 and 11 continues to exist may be submitted to Mary Ann Courter, Chief of Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140, (512) 424-2890 within 20 days after publication of this notice of intention to review.

Any questions pertaining to this notice of intention to review should be directed to Mary Ann Courter, Chief of Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140, (512) 424-2890.

TRD-9902928

Dudley M. Thomas

Director

Texas Department of Public Safety

Filed: May 19, 1999

Title 7, Part VII

The State Securities Board (Agency), beginning June 1999, will review and consider for readoption, revision, or repeal Chapter 105, Rules of Practice in Contested Cases, and Chapter 106, Guidelines for the Assessment of Administrative Fines, in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature. The rules to be reviewed are located in Title 7, Part VII, of the Texas Administrative Code.

The assessment made by the Agency at this time indicates that the reasons for readopting these chapters continue to exist.

The Agency's Board will consider, among other things, whether the reasons for adoption of these rules continue to exist and whether amendments are needed. Any changes to the rules proposed by the Agency's Board after reviewing the rules and considering the comments received in response to this notice will appear in the "Rules Proposed" section of the Texas Register and will be adopted in accordance with the requirements of the Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001. The comment period will last for 30 days beginning with the publication of this notice of intention to review.

Comments or questions regarding this notice of intention to review may be submitted in writing, within 30 days following the publication of this notice in the Texas Register, to David Weaver, General Counsel, P.O. Box 13167, Austin, Texas 78711-3167, or sent by facsimile to Mr. Weaver at (512) 305-8310. Comments will be reviewed and discussed in a future Board meeting.

TRD-9902960

Denise Voigt Crawford

Securities Commissioner

State Securities Board

Filed: May 20, 1999

Title 31, Part X

The Texas Water Development Board files this notice of intent to review 31 TAC, Part X, Chapter 359, Water Banking, in accordance with the General Appropriations Act, House Bill 1, Article IX, Section 167. The board finds that the reason for adopting the chapter continues to exist.

As required by Section 167, the board will accept comments and make a final assessment regarding whether the reason for adopting each of the rules in Chapter 359 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 to Suzanne Schwartz, General Counsel, Texas Water Development Board, P.O. Box 13231, Austin, Texas, 78711-3231, by e-mail to sschwart@twdb.state.tx.us or by fax @ 512/463-5580.

TRD-9902925

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: May 19, 1999

Title 34, Part III

The Teacher Retirement System of Texas (TRS) adopts the review of Title 34, Part III, Texas Administrative Code, Chapter 31. The review and consideration were in accordance with the General Appropriations Act, House Bill 1, 75th Legislature, Article IX, §167.

In accordance with the agency rule review plan published in the August 21, 1998, issue of the Texas Register , the Policy Committee of the Board of Trustees conducted an initial review of Title 34, Part III, Texas Administrative Code, Chapter 31. The review was conducted in an open meeting and included an assessment of whether the reasons for adopting the rules continues to exist. In accordance with notice published in the March 19, 1999, issue of the Texas Register (24TexReg2034), the full Board reviewed Chapter 31 to make a determination as to whether the reasons for adopting or readopting these rules continued to exist. The final review was completed at the Board Meeting on April 23, 1999.

No comments regarding the review of Chapter 31 were received.

TRS finds that the reasons for adopting Chapter 31 continue to exist. As part of this review process, TRS is concurrently adopting amendments to § 31.3 concerning permissible substitute employment, §31.7 concerning regular employment having no effect on annuity, §31.8 concerning one-half time employment, §31.10 concerning monthly certified statements, §31.11 concerning requirements to become an active member after retirement, and §31.13 concerning employment up to three months on a one time only trial basis for disability retirees.

TRS readopts §;31.1, 31.2, 31.6, 31.9, and 31.12.

TRD-9902951

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: May 19, 1999

The Teacher Retirement System of Texas (TRS) adopts the review of Title 34, Part III, Texas Administrative Code, Chapter 33. The review and consideration were in accordance with the General Appropriations Act, House Bill 1, 75th Legislature, Article IX, §167.

In accordance with the agency rule review plan published in the August 21, 1998, issue of the Texas Register , the Policy Committee of the Board of Trustees conducted an initial review of Title 34, Part III, Texas Administrative Code, Chapter 33. The review was conducted in an open meeting and included an assessment of whether the reasons for adopting the rules continued to exist. In accordance with notice published in the March 19, 1999, issue of the Texas Register (24TexReg2034), the full Board reviewed Chapter 33 to make a determination as to whether the reasons for adopting or readopting these rules continued to exist. The final review was completed at the Board Meeting on April 23, 1999.

No comments regarding this Chapter were received.

TRS finds that the reasons for adopting Chapter 33 continue to exist. As part of this review process, TRS concurrently adopts amendments to §33.1 concerning approval of an optional settlement involving a minor and §33.2 concerning payments for the account of a minor child.

TRS readopts §§33.3-33.6.

TRD-9902952

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: May 19, 1999

The Teacher Retirement System of Texas (TRS) adopts the review of Title 34, Part III, Texas Administrative Code, Chapter 35. The review and consideration were in accordance with the General Appropriations Act, House Bill 1, 75th Legislature, Article IX, §167.

In accordance with the agency rule review plan published in the August 21, 1998, issue of the Texas Register , the Policy Committee of the Board of Trustees conducted an initial review of Title 34, Part III, Texas Administrative Code, Chapter 35. The review was conducted in an open meeting and included an assessment of whether the reasons for adopting the rules continued to exist. In accordance with notice published in the March 19, 1999, issue of the Texas Register (24TexReg2034), the full Board reviewed Chapter 35 to make a determination as to whether the reasons for adopting or readopting these rules continued to exist. The final review was completed at the Board Meeting on April 23, 1999. No comments regarding this Chapter were received.

TRS finds that the reasons for adopting Chapter 35 continue to exist.

TRD-9902953

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: May 19, 1999

The Teacher Retirement System of Texas (TRS) adopts the review of Title 34, Part III, Texas Administrative Code, Chapter 37. The review and consideration were in accordance with the General Appropriations Act, House Bill 1, 75th Legislature, Article IX, §167.

In accordance with the agency rule review plan published in the August 21, 1998, issue of the Texas Register , the Policy Committee of the Board of Trustees conducted an initial review of Title 34, Part III, Texas Administrative Code, Chapter 37. The review was conducted in an open meeting and included an assessment of whether the reasons for adopting the rules continued to exist. In accordance with notice published in the March 19, 1999, issue of the Texas Register (24 TexReg 2035), the full Board reviewed Chapter 37 to make a determination as to whether the reasons for adopting or readopting these rules continue to exist. No comments regarding this Chapter were received. The final review was completed at the Board Meeting on April 23, 1999.

TRS finds that the reasons for adopting Chapter 37 continue to exist.

TRD-9902954

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: May 19, 1999

The Teacher Retirement System of Texas (TRS) adopts the review of Title 34, Part III, Texas Administrative Code, Chapter 39. The review and consideration were in accordance with the General Appropriations Act, House Bill 1, 75th Legislature, Article IX, §167.

In accordance with the agency rule review plan published in the August 21, 1998, issue of the Texas Register , the Policy Committee of the Board of Trustees conducted an initial review of Title 34, Part III, Texas Administrative Code, Chapter 39. The review was conducted in an open meeting and included an assessment of whether the reasons for adopting the rules continued to exist. In accordance with notice published in the March 19, 1999, issue of the Texas Register (24 TexReg 2035), the full Board reviewed Chapter 39 to make a determination as to whether the reasons for adopting or readopting these rules continued to exist. No comments regarding this Chapter were received. The final review was completed at the Board Meeting on April 23, 1999.

TRS finds that the reasons for readopting Chapter 39 continue to exist.

TRD-9902955

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: May 19, 1999

The Teacher Retirement System of Texas (TRS) adopts the review of Title 34, Part III, Texas Administrative Code, Chapter 41. The review and consideration were accordance with the General Appropriations Act, House Bill 1, 75th Legislature, Article IX, §167.

In accordance with the agency rule review plan published in the August 21, 1998, issue of the Texas Register , the Policy Committee of the Board of Trustees conducted an initial review of Title 34, Part III, Texas Administrative Code, Chapter 41. The review was conducted in an open meeting and included an assessment of whether the reasons for adopting the rules continued to exist. In accordance with notice published in the March 19, 1999, issue of the Texas Register (24 TexReg 2035), the full Board reviewed Chapter 41 to make a determination as to whether the reasons for adopting or readopting these rules continued to exist. No comments regarding this Chapter were received. The final review was completed at the Board Meeting on April 23, 1999.

TRS finds that the reasons to adopt Chapter 41 continue to exist. As a result of the review process, TRS is concurrently adopting amendments to §41.1, concerning enrollment periods for the Texas Public School Employees Group Insurance Program and §41.3, concerning the group insurance advisory committee. Also as a result of the review process, TRS is adopting the repeal of §41.11, concerning active member insurance contingency reserve fee. TRS readopts §§41.5, 41.7-41.10, 41.12, and 41.13.

TRD-9902956

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: May 19, 1999

The Teacher Retirement System of Texas (TRS) adopts the review of Title 34, Part III, Texas Administrative Code, Chapter 43. The review and consideration were in accordance with the General Appropriations Act, House Bill 1, 75th Legislature, Article IX, §167.

In accordance with the agency rule review plan published in the August 21, 1998, issue of the Texas Register , the Policy Committee of the Board of Trustees conducted an initial review of Title 34, Part III, Texas Administrative Code, Chapter 43. The review was conducted in an open meeting and included an assessment of whether the reasons for adopting the rules continued to exist. In accordance with notice published in the March 19, 1999, issue of the Texas Register (24TexReg2035), the full Board reviewed Chapter 43 to make a determination as to whether the reasons for adopting or readopting these rules continued to exist. No comments regarding this Chapter were received. The final review was completed at the Board Meeting on April 23, 1999.

TRS finds that the reasons to readopt Chapter 43 continue to exist. As part of this review process, TRS is concurrently adopting amendments to § 43. 1, §§43.3-43.6, §§43.8-43.13, §43.16, §43.25, §§43.36-43.39, §43.43, §§43.45-43.47. Also as part of the review process, TRS is adopting the repeal of §43.22. TRS readopts §43.2, §43.7, §43.14, §43.15, §§43.17-43.21, §43.23, §43.24, §§43.26-43.35, §§43.40-43.42, and §43.44.

TRD-9902974

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: May 20, 1999

The Teacher Retirement System of Texas (TRS) adopts the review of Title 34, Part III, Texas Administrative Code, Chapter 45. The review and consideration were in accordance with the General Appropriations Act, House Bill 1, 75th Legislature, Article IX, §167.

In accordance with the agency rule review plan published in the August 21, 1998, issue of the Texas Register , the Policy Committee of the Board of Trustees conducted an initial review of Title 34, Part III, Texas Administrative Code, Chapter 45. The review was conducted in an open meeting and included an assessment of whether the reasons for adopting the rules continued to exist. In accordance with notice published in the March 19, 1999, issue of the Texas Register (24TexReg2036), the full Board reviewed Chapter 45 to make a determination as to whether the reasons for adopting or readopting these rules continued to exist. No comments regarding this Chapter were received. The final review was completed at the Board Meeting on April 23, 1999.

TRS finds that the reasons for adopting Chapter 45 continue to exist.

TRD-9902975

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: May 20, 1999

The Teacher Retirement System of Texas (TRS) readopts Title 34, Part III, Texas Administrative Code, Chapter 47. The review and consideration were in accordance with the General Appropriations Act, House Bill 1, 75th Legislature, Article IX, §167.

In accordance with the agency rule review plan published in the August 21, 1998, issue of the Texas Register , the Policy Committee of the Board of Trustees conducted an initial review of Title 34, Part III, Texas Administrative Code, Chapter 47. The review was conducted in an open meeting and included an assessment of whether the reasons for adopting the rules continued to exist. In accordance with notice published in the March 19, 1999, issue of the Texas Register (24TexReg2036), the full Board reviewed Chapter 47 to make a determination as to whether the reasons for adopting or readopting these rules continued to exist. No comments regarding this Chapter were received. The final review was completed at the Board Meeting on April 23, 1999.

TRS finds that the reasons to adopt Chapter 47 continue to exist. As part of this review process, TRS is concurrently adopting amendments to § 47.3 concerning review of orders, §47.5 concerning orders that are not qualified, §47.6 concerning the appeal of notice that order is not qualified. TRS readopts §47.1,§47.2, §47.4, §§47.7-47.10, and §§47.13-47.16.

TRD-9902976

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: May 20, 1999

The Teacher Retirement System of Texas (TRS) readopts Title 34, Part III, Texas Administrative Code, Chapter 49. The review and consideration were in accordance with the General Appropriations Act, House Bill 1, 75th Legislature, Article IX, §167.

In accordance with the agency rule review plan published in the August 21, 1998, issue of the Texas Register , the Policy Committee of the Board of Trustees conducted an initial review of Title 34, Part III, Texas Administrative Code, Chapter 49. The review was conducted in an open meeting and included an assessment of whether the reasons for adopting the rules continued to exist. In accordance with notice published in the March 19, 1999, issue of the Texas Register (24TexReg2036), the full Board reviewed Chapter 49 to make a determination as to whether the reasons for adopting or readopting these rules continued to exist. The final review was completed at the Board Meeting on April 23, 1999.

TRS finds that the reasons to readopt Chapter 49 continue to exist. As part of this review process, TRS is concurrently adopting amendments to § 49.1 concerning administrative procedures, §49.3 concerning referrals of matters to attorney general for collection, §49.5 concerning records, and §49.7 concerning exceptions. TRS readopts §§49.2, 49.4, and 49.6.

TRD-9902977

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: May 20, 1999

The Teacher Retirement System of Texas (TRS) adopts the review of Title 34, Part III, Texas Administrative Code, Chapter 51. The review and consideration were in accordance with the General Appropriations Act, House Bill 1, 75th Legislature, Article IX, §167.

In accordance with the agency rule review plan published in the August 21, 1998, issue of the Texas Register , the Policy Committee of the Board of Trustees conducted an initial review of Title 34, Part III, Texas Administrative Code, Chapter 51. The review was conducted in an open meeting and included an assessment of whether the reasons for adopting the rules continues to exist. In accordance with notice published in the March 19, 1999, issue of the Texas Register (24TexReg2033), the full Board reviewed Chapter 51 to make a determination as to whether the reasons for adopting or readopting these rules continued to exist. No comments regarding this Chapter were received. The final review was completed at the Board Meeting on April 23, 1999.

TRS finds that the reasons for readopting this chapter continue to exist.

TRD-9902978

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: May 20, 1999

Title 40, Part XV

The Texas Veterans Commission re-adopts the review of the following sections from Chapter 450, Veterans County Service Officers Certificate of Training, Chapter 451, Veterans County Service Officers Accreditation and Chapter 452, Administration General Provisions, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167:

Chapter 450 - §§450.1, 450.2, 450.3;

Chapter 451 - §451.1, §451.3;

Chapter 452 - §452.1.

The proposed review was published in the February 26, 1999, issue of the Texas Register .

The agency's reason for re-adopting the rules contained in these chapters continues to exist.

No comments were received regarding re-adoption of the review.

This concludes the review of Chapters 450, 451 and 452.

TRD-9902983

James E. Nier

Executive Director

Texas Veterans Commission

Filed: May 20, 1999