TITLE rule-review

Proposed Rule Reviews

Texas Commission on Alcohol and Drug Abuse

Title 40, Part III

The Texas Commission on Alcohol and Drug Abuse proposes to review Chapter 142 concerning investigations and hearings, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

As part of this review process, the commission is proposing amendments to §§142.22, 142.31 and 142.32. The proposed amendments may be found in the Proposed Rules section of this issue of the Texas Register .

During this review the commission will determine if the reasons for adopting this chapter continue to exist. The chapter will be reviewed to determine whether the rules reflect current legal and policy considerations or if they are obsolete.

Please submit written comments to Tamara Allen, Quality Assurance, Texas Commission on Alcohol and Drug Abuse, P.O. Box 80529, Austin, Texas 78708-0529. Comments must be received no later than 30 days from the date this notice is published in the Texas Register .

TRD-9903519

Mark Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Filed: June 14, 1999


The Texas Commission on Alcohol and Drug Abuse proposes to review Chapter 143 concerning funding, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

As part of this review process, the commission is proposing amendments to §§143.17 and 143.21 and new §143.3 and §143.25. The proposed amendments and new sections may be found in the Proposed Rules section of this issue of the Texas Register .

During this review the commission will determine if the reasons for adopting this chapter continue to exist. The chapter will be reviewed to determine whether the rules reflect current legal and policy considerations or if they are obsolete.

Please submit written comments to Tamara Allen, Quality Assurance, Texas Commission on Alcohol and Drug Abuse, P.O. Box 80529, Austin, Texas 78708-0529. Comments must be received no later than 30 days from the date this notice is published in the Texas Register .

TRD-9903520

Mark Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Filed: June 14, 1999


The Texas Commission on Alcohol and Drug Abuse proposes to review Chapter 144 concerning contract requirements, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

As part of this review process, the commission is proposing amendments to §§144.1, 144.21, 144.101-144.104, 144.106, 144.107, 144.123, 144.131, 144.133, 144.141, 144.142, 144.201, 144.211-144.216, 144.312, 144.313, 144.322, 144.324, 144.325, 144.411-144.416, 144.441-144.447, 144.511, 144.512, 144.521-144.525, 144.531, 144.532, 144.541, 144.543, 144.545, 144.551-144.554 and new sections 144.105, 144.108, 144.203, 144.204, 144.321, 144.326, 144.327, 144.417, 144.451-144.60, 144.462, 144.526, and 144.611-144.616. The commission is also proposing the repeal of §§144.105, 144.122, 144.125, 144.202, 144.321, 144.431-144.435, 144.533, 144.542, and 144.544. The proposed amendments, new sections and repeals may be found in the Proposed Rules section of this issue of the Texas Register .

During this review the Commission will determine if the reasons for adopting this chapter continue to exist. The chapter will be reviewed to determine whether the rules reflect current legal and policy considerations or if they are obsolete.

Please submit written comments to Tamara Allen, Quality Assurance, Texas Commission on Alcohol and Drug Abuse, P. O. Box 80529, Austin, Texas 78708-0529. Comments must be received no later than 30 days from the date this notice is published in the Texas Register . In addition, there will be a hearing to receive public comments on this rule review at 4:30 p.m., Monday July 12, 1999, at the Austin Convention Center, 5000 East Cesar Chavez, Austin, Texas. If you have questions about the hearing, you may contact Albert Ruiz, Community Network Coordinator, Texas Commission on Alcohol and Drug Abuse, P.O. Box 80529, Austin, Texas 78708-0529; phone 1-800-832-9623, extension 6607; or via email albert_ruiz@tcada.state.tx.us.

TRD-9903521

Mark Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Filed: June 14, 1999


The Texas Commission on Alcohol and Drug Abuse proposes to review Chapter 148 concerning facility licensure, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

As part of this review process, the commission is proposing amendments to §§148.3, 148.4, 148.21, 148.23, 148.27, 148.41, 148.61, 148.71-148.74, 148.112-148.114, 148.116, 148.117, 148.119, 148.141, 148.143, 148.161-148.163, 148.171-148.173, 148.181, 148.183, 148.185, 148.201, 148.202, 148.211-148.214, 148.231-148.233, 148.236, 148.252, 148.261-148.268, 148.281, 148.282, 148.284, 148.291-148.293, 148.301-148.304, 148.322-148.324, 148.331, 148.341, 148.353, 148.355 and new §§148.164, 148.203, 148.237, 148.238, 148.372 and 148.373. The commission is also proposing repeal of §§148.235 and 148.371. The proposed amendments, new sections and repeals may be found in the Proposed Rules section of this issue of the Texas Register .

During this review the Commission will determine if the reasons for adopting this chapter continue to exist. The chapter will be reviewed to determine whether the rules reflect current legal and policy considerations or if they are obsolete.

Please submit written comments to Tamara Allen, Quality Assurance, Texas Commission on Alcohol and Drug Abuse, P.O. Box 80529, Austin, Texas 78708-0529. Comments must be received no later than 30 days from the date this notice is published in the Texas Register . In addition, there will be a hearing to receive public comments on this rule review at 4:30 p.m., Monday July 12, 1999, at the Austin Convention Center, 5000 East Cesar Chavez, Austin, Texas. If you have questions about the hearing, you may contact Albert Ruiz, Community Network Coordinator, Texas Commission on Alcohol and Drug Abuse, P. O. Box 80529, Austin, Texas 78708-0529; phone 1-800-832-9623, extension 6607; or via email albert_ruiz@tcada.state.tx.us.

TRD-9903522

Mark Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Filed: June 14, 1999


(Editor's Note: Due to an error by the Texas Register, the following notices for review of Chapters 37 and 39 were omitted from the June 4, 1999, issue of the Texas Register (24 TexReg 4255). The proposed notices for review of Chapters 35 and 36 were published in error. The following notices were filed with the Secretary of State on May 25, 1999.)

Texas Alcoholic Beverage Commission

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 37, governing rules of practice in contested case hearings and penalties. This review is conducted pursuant to Appropriations Act, 1997, House Bill 1, Article IX, §167.

The commission will conduct its review through August 31, 1999, and 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 39, governing ports of entry. This review is conducted pursuant to Appropriations Act, 1997, House Bill 1, Article IX, §167.

The commission will conduct its review through August 31, 1999, and 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


Texas Real Estate Commission

Title 22, Part XXIII

The Texas Real Estate Commission proposes to review the following sections of Chapter 535 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 each of these sections 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.

§535.71. Mandatory Continuing Education: Approval of Providers, Courses and Instructors.

§535.72. Mandatory Continuing Education: Presentation of Courses, Advertising and Records.

§535.73. Compliance and Enforcement.

§535.81. Recovery Fund: Fee.

TRD-9903462

Mark A. Moseley

General Counsel

Texas Real Estate Commission

Filed: June 11, 1999


Adopted Rule Reviews

Public Utility Commission of Texas

Title 16, Part II

The Public Utility Commission of Texas (commission) has completed the review of Procedural Rules, Subchapter Q (relating to Post-Interconnection Agreement Dispute Resolution), §§22.321 relating to Purpose; 22.322 relating to Definitions; 22.323 relating to Filing of Agreement; 22.324 relating to Confidential Information; 22.325 relating to Informal Settlement Conference; 22.326 relating to Formal Dispute Resolution Agreement; 22.327 relating to Request for Expedited Ruling; and 22.328 relating to Request for Interim Ruling Pending Dispute Resolution as noticed in the March 5, 1999 Texas Register (24 TexReg 1643). The commission readopts these sections pursuant to the requirements of the Appropriations Act of 1997, HB 1, Article IX, §167 (§167) and finds that the reason for adopting these rules continues to exist. Project Number 17709 is assigned to this proceeding.

The commission received no comments on the §167 requirement as to whether the reason for adopting the rules continues to exist from MCI Worldcom, Inc. (MCIW). MCIW stated that the rules in Subchapter Q are critical to the development of a competitive telecommunications market place in Texas.

As part of this review process, the commission proposed amendments to §§22.322, 22.323 and 22.326 as published in the Texas Register on March 5, 1999 (24 TexReg 1519). MCIW filed comments on the proposed amendments. These comments are summarized in the preamble for the adoption of the proposed amendments. The commission proposed no changes to §§22.321, 22.324, 22.325, 22.327 or 22.328.

These sections are adopted under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon 1998) which provides the commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction, including rules of practice and procedure.

Cross Index to Statutes: Public Utility Regulatory Act §14.002 and §14.052.

TRD-9903437

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 10, 1999


The Public Utility Commission of Texas (commission) has completed the review of Procedural Rules, Subchapter R (relating to Approval of Amendments to Existing Interconnection Agreements and Agreements Adopting Terms and Conditions Pursuant to FTA96 §252(i)), §22.341 relating to Approval of Amendments to Existing Interconnection Agreements, and §22.342 relating to Approval of Agreements Adopting Terms and Conditions Pursuant to Federal Telecommunications Act of 1996 (FTA96) §252(i) as noticed in the March 26, 1999 Texas Register (24 TexReg 2361). The commission readopts §22.341 and §22.342 pursuant to the requirements of the Appropriations Act of 1997, HB 1, Article IX, §167 (§167) and finds that the reason for adopting these rules continues to exist. Project Number 20531 is assigned to this proceeding.

The commission received no comments on the §167 requirement as to whether the reason for adopting the rules continues to exist. As part of this review process, the commission proposed an amendment to §22.341 as published in the Texas Register on March 26, 1999 (24 TexReg 2122). The commission proposed no changes to §22.342. The Office of Public Utility Counsel (OPC) and Southwestern Bell Telephone Company (SWBT) filed comments on the proposed amendment. These comments are summarized in the preamble for the adoption of the proposed amendment.

These sections are adopted under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon 1998) which provides the commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction, including rules of practice and procedure.

Cross-Index to Statutes: Public Utility Regulatory Act §14.002 and §14.052.

TRD-9903436

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: June 10, 1999