The Texas Department of Human Services files this notice of intention to review Title 40 TAC, Chapter 17 (relating to Tel- assistance Program), and Chapter 18 (relating to Nursing Facilities Administrators) pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

As required by §167, the Department will accept comments regarding whether the reason for adopting each of the rules in 40 TAC, Chapters 17 and 18 continues to exist. The deadline for the comments is 30 days after this publication in the Texas Register .

Any questions or written comments pertaining to this notice of intention to review Chapter 17 should be directed to Helen McMeen, Long Term Care Section, Texas Department of Human Services W-513, P.O. Box 149030, Austin, Texas, 78714-9030, or at (512) 490-0312.

Any questions or written comments pertaining to this notice of intention to review Chapter 18 should be directed to Renee Clack, Office of Program Integrity, Texas Department of Human Services W-513, P.O. Box 149030, Austin, Texas, 78714-9030, or at (512) 231-5821.

TRD-9901037

Paul Leche

General Counsel

Texas Department of Human Services

Filed: February 22, 1999

Texas Commission on Jail Standards

Title 37, Part IX

The Texas Commission on Jail Standards proposes to review the following sections from Chapter 263 pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167. The Commission has determined that no changes to this chapter are necessary at this time.

§263.1

§263.2

§263.3

§263.10

§263.11

§263.12

§263.13

§263.14

§263.15

§263.16

§263.17

§263.18

§263.19

§263.20

§263.21

§263.30

§263.31

§263.32

§263.33

§263.40

§263.41

§263.42

§263.50

§263.51

§263.52

§263.53

§263.54

§263.55

§263.56

§263.70

§263.90

Comments on the review of these proposed rules may be submitted to Lynn Weatherby, Texas Commission on Jail Standards, P.O. Box 12985, Austin, Texas, 78711.

TRD-9901061

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Filed: February 22, 1999

Texas State Board of Medical Examiners

Title 22, Part IX

The Texas State Board of Medical Examiners proposes to review Chapter 162 (§§162.1-162.3), concerning Supervision of Medical School Students, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

The Texas State Board of Medical Examiners is contemporaneously proposing an amendment to §162.3 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-9901081

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

Executive Director

Texas State Board of Medical Examiners

Filed: February 22, 1999

The Texas State Board of Medical Examiners proposes to review Chapter 166 (§§166.1-166.6), concerning Physician Registration, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

The Texas State Board of Medical Examiners is contemporaneously proposing amendments to §166.2 and §166.4 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-9901078

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

Executive Director

Texas State Board of Medical Examiners

Filed: February 22, 1999

The Texas State Board of Medical Examiners reproposes the review of Chapter 173 (§173.1), concerning Applications, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167. The rule review was originally proposed in the September 18, 1998, issue of the Texas Register (23 TexReg 9583).

The Texas State Board of Medical Examiners is contemporaneously withdrawing the repeal of §173.1 elsewhere in this issue of the Texas Register . The repeal was originally proposed in the September 18, 1998, issue of the Texas Register (23 TexReg 9521).

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

TRD-9901067

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

Executive Director

Texas State Board of Medical Examiners

Filed: February 22, 1999

The Texas State Board of Medical Examiners reproposes the review of Chapter 175 (§§175.1-175.4), concerning Schedule of Fees and Penalties, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167. The rule review was originally proposed in the September 18, 1998, issue of the Texas Register (23 TexReg 9583).

The Texas State Board of Medical Examiners is contemporaneously withdrawing the repeal of §§175.1-175.4 and new §§175.1-175.5 elsewhere in this issue of the Texas Register . The repeal and replacement of this chapter was previously published in the November 13, 1998, issue of the Texas Register (23 TexReg 11543).

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

TRD-9901066

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

Executive Director

Texas State Board of Medical Examiners

Filed: February 22, 1999

Public Utility Commission of Texas

Title 16, Part II

The Public Utility Commission of Texas files this notice of intention to review 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 pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167 (§167). Project Number 17709 has been assigned to this proceeding.

As part of this review process, the commission proposes amendments to §§22.322, 22.323, and 22.326. The proposed amendments may be found in the Proposed Rules section of the Texas Register . The commission will accept comments on the §167 requirement as to whether the reason for adopting these sections continues to exist in the comments filed on the proposed amendments.

The commission is not proposing any changes to §§22.321, 22.324, 22.325, 22.327 or 22.328. Comments regarding the §167 requirement as to whether the reason for adopting this section continues to exist may be submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas, 78711-3326 within 30 days after publication of this notice of intention to review. All comments should refer to Project Number 17709-Review of Subchapter Q relating to Post-Interconnection Agreement Dispute Resolution.

Any questions pertaining to this notice of intention to review should be directed to Rhonda Dempsey, Rules Coordinator, Office of Regulatory Affairs, Public Utility Commission of Texas, 1701 North Congress Avenue, Austin, Texas, 78711-3326 or at voice telephone (512) 936-7308.

16 TAC §22.321. Purpose.

16 TAC §22.322. Definitions.

16 TAC §22.323. Filing of Agreement.

16 TAC §22.324. Confidential Information.

16 TAC §22.325. Informal Settlement Conference.

16 TAC §22.326. Formal Dispute Resolution Agreement.

16 TAC §22.327. Request for Expedited Ruling.

16 TAC §22.328. Request for Interim Ruling Pending Dispute Resolution.

TRD-9901024

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 19, 1999

The Public Utility Commission of Texas files this notice of intention to review §23.5 relating to Cost of Copies of Public Records pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167 (§167). Project Number 17709 has been assigned to the review of this section.

As part of this review process, the commission is proposing the repeal of §23.5 and is proposing new §25.6 of this title (relating to Cost of Copies of Public Information) and §26.6 of this title (relating to Cost of Copies of Public Information) to replace this section. The proposed repeal and new rules may be found in the Proposed Rules section of the Texas Register . As required by §167, the commission will accept comments regarding whether the reason for adopting the rule continues to exist in the comments filed on the proposed new sections.

Any questions pertaining to this notice of intention to review should be directed to Rhonda Dempsey, Rules Coordinator, Office of Regulatory Affairs, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas, 78711-3326 or at voice telephone (512) 936-7308.

16 TAC §23.5. Cost of Copies of Public Records.

TRD-9901020

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 19, 1999

Texas Real Estate Commission

Title 22, Part XXIII

The Texas Real Estate Commission proposes to review §§535.1-535.4, 535.11-535.21, 535.31-535.35, 535.41, 535.42, and 535.51-535.53 of Chapter 535 in accordance with the Appropriations Act of 1997, House Bill 1, Article IX, §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.

§535.1. License Required.

§535.2. Broker's Responsibility.

§535.3. Compensation Accepted by Salesperson.

§535.4. Compensation Paid by Salesperson.

§535.11. Real Estate Defined.

§535.12. General.

§535.13. Dispositions of Real Estate.

§535.14. Offers to Dispose of Real Estate.

§535.15. Negotiations.

§535.16. Listings.

§535.17. Appraisals.

§535.18. Auctions.

§535.19. Locating Property.

§535.20. Procuring Prospects.

§535.21. Unimproved Lot Sales; Listing Publications.

§535.31. Attorneys at Law

§535.32. Attorneys in Fact

§535.33. Public Officials

§535.34. Salespersons Employed by an Owner of Land and Structures Erected by the Owner.

§535.35. Employees Renting and Leasing Employer's Real Estate.

§535.41. Procedures.

§535.42. Jurisdiction and Authority.

§535.51. General Requirements.

§535.52. Individuals.

§535.53. Corporations and Limited Liability Companies.

TRD-9901139

Mark A. Moseley

General Counsel

Texas Real Estate Commission

Filed: February 24, 1999

State Securities Board

Title 7, Part VII

The State Securities Board (Agency), beginning March 1999, will review and consider for readoption, revision, or repeal 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, in accordance with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997. 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 "Proposed Rules" 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-9901111

Denise Voigt Crawford

Securities Commissioner

State Securities Board

Filed: February 22, 1999

Adopted Rule Reviews

Texas Department of Banking

Title 7, Part II

The Texas Department of Banking (department) has completed the review of Texas Administrative Code, Title 7, Chapter 12, Subchapters B-D, comprised of §12.31 and §12.32, regarding loans, §12.61, regarding investment limits, and §12.91, regarding other real estate owned, as noticed in the November 27, 1998, issue of the Texas Register (23 TexReg 11970). No comments were received regarding the substance of these rules or whether the reason for adopting these rules continues to exist.

The department re-adopts these sections, pursuant to the requirements of the Appropriations Act of 1997, House Bill 1, Article IX, §167, and finds that the reason for adopting these rules continues to exist. The rules were substantially rewritten and revised in 1996 to be in accordance with the recently enacted Texas Banking Act and federal regulations on this same topic that govern national bank competitors of state banks.

TRD-9901023

Everette D. Jobe

Certifying Official

Texas Department of Banking

Filed: February 19, 1999

Texas Commission on Jail Standards

Title 37, Part IX

The Texas Commission on Jail Standards adopts without changes as proposed in the January 1, 1999, issue of the Texas Register (24 TexReg 171), the review of the following sections from Chapter 251 pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167:

§251.1

§251.2

§251.3

§251.4

§251.5

§251.6

TRD-9901058

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Filed: February 22, 1999

The Texas Commission on Jail Standards adopts without changes as proposed in the January 1, 1999, issue of the Texas Register (24 TexReg 171), the review of the following sections from Chapter 255 pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167:

§255.1

§255.2

§255.3

§255.4

§255.5

TRD-9901059

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Filed: February 22, 1999

The Texas Commission on Jail Standards adopts without changes as proposed in the January 1, 1999, issue of the Texas Register (24 TexReg 171), the review of the following sections from Chapter 257 pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167:

§257.1

§257.2

§257.3

§257.4

§257.5

§257.6

§257.7

§257.8

§257.9

§257.10

TRD-9901060

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Filed: February 22, 1999

Texas State Board of Medical Examiners

Title 22, Part IX

The Texas State Board of Medical Examiners adopts the review of Chapter 171 (§§171.1-171.9), concerning Institutional Permits, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167, published in the November 13, 1998, issue of the Texas Register (23 TexReg 11669). The Texas State Board of Medical Examiners finds that the reason for adopting Chapter 171, Institutional Permits, continues to exist.

The Texas State Board of Medical Examiners contemporaneously proposes the repeal of §§171.1-171.9 and new §§171.1-171.6 elsewhere in this issue of the Texas Register . The repeal and replacement of this chapter was previously proposed in the November 13, 1998, issue of the Texas Register (23 TexReg 11533). The withdrawal of that version is contemporaneously published elsewhere in this issue of the Texas Register .

No comments were received regarding adoption of the review.

The Texas State Board of Medical Examiners concludes the review of Chapter 171, Institutional Permits.

TRD-9901073

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

Executive Director

Texas State Board of Medical Examiners

Filed: February 22, 1999

Texas Department of Public Safety

Title 37, Part I

The Texas Department of Public Safety (DPS) has completed the review of Chapter 7, Division of Emergency Management; Chapter 9, Public Safety Communications; and Chapter 13, Controlled Substances. Pursuant to the requirements of §167 of the Appropriations Act the DPS readopts the following: Chapter 7: §§7.1, 7.11, 7.12, 7.21-7.24, 7.26, 7.41, 7.43, and 7.44; Chapter 9; and Chapter 13.

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 December 18, 1998, issue of the Texas Register (23 TexReg 12880). The proposed amendments are §§7.2, 7.3, 7.13, 7.25, 7.27-7.29, and 7.42.

The DPS received no comments on the proposed amendments. The DPS finds that the reason for adopting these rules continues to exist.

As part of the review process, the DPS proposed to repeal §7.45, as published in the December 18, 1998, issue of the Texas Register (23 TexReg 12882).

The DPS received no comments on the proposed repeal.

TRD-9901092

Dudley M. Thomas

Director

Texas Department of Public Safety

Filed: February 22, 1999

Public Utility Commission of Texas

The Public Utility Commission of Texas (commission) has completed the review of Procedural Rules, Subchapter N (relating to Decision and Orders), §22.261 relating to Proposals for Decision, §22.262 relating to Commission Action After a Proposal for Decision, §22.263 relating to Final Orders, and §22.264 relating to Rehearing as noticed in the November 27, 1998 Texas Register (23 TexReg 11972). The commission readopts these sections, pursuant to the requirements of the Appropriations Act of 1997, House Bill 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. As part of this review process, the commission proposed amendments to §22.262 and §22.264 as published in the Texas Register on November 27, 1998 (23 TexReg 11885). Central Power and Light Company, Southwestern Power Company, and West Texas Utilities Company, the Texas electric utility operating companies of the Central and South West Corporation (collectively, CSW) filed comments on the proposed amendments. These comments are summarized in the preamble for the adoption of the proposed amendments.

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.

§22.261. Proposals for Decision.

§22.262. Commission Action After a Proposal for Decision.

§22.263. Final Orders.

§22.264. Rehearing.

TRD-9901004

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: February 18, 1999