Proposed Rule Reviews
Texas Animal Health Commission
Title 4, Part II
The Texas Animal Health Commission proposes to review Chapter 37 (§37.1
and §37.2), concerning Screwworms, pursuant to the Appropriations Act
of 1997, HB 1, Article IX, Section 167.
Comments on the proposed review may be submitted to Edith Smith, P.O. Box
12966, Austin, Texas 78711.
TRD-9901552
Dr. Max Coats
Deputy Executive Director
Texas Animal Health Commission
Filed: March 15, 1999
Title 13, Part II
The Texas Historical Commission files its notice of intention to review
its rules contained within Title 13 Texas Administrative Code, Chapters 27
and 28. This review is conducted pursuant to Appropriations Act, 1997, House
Bill 1, Article IX, Section 167.
The commission will review its rules associated with Chapter 27 (concerning
the Adjudicative Procedures for the Antiquities Code of Texas) and Chapter
28 (concerning State Archeological Landmarks) to determine what changes are
needed to those chapters. Both of these chapters are out dated, and it is
the intent of the commission to repeal both of these chapters and replace
them with new language by the end of 2001. Chapter 27 needs to be updated
so that it conforms with procedures that are consistent with the rules and
regulations of the State Office of Administrative Hearings (SOAH). The commission
will be working with SOAH and the Office of the Attorney General to accomplish
the goal of rewriting Chapter 27. Chapter 28 needs rewriting to update the
list of sensitive lease blocks that contain historic shipwrecks, and we also
intend on adding new regulations that apply to the protection of significant
early 20th Century shipwrecks. We intend on working closely with the General
Land Office(GLO) in writing those portions of this chapter that apply to underwater
resources that are submerged within the bays, tidelands, and offshore lands
that are controlled by the GLO.
Comments may be submitted in writing within 30 days following the publication
of this notice in the
Texas Register
, to Mark
H. Denton, Director, State and Federal Review Section, Texas Historical Commission,
P.O. Box 12276, Austin, Texas 78711.
TRD-9901604
F. Lawrence Oaks
Executive Director
Texas Historical Commission
Filed: March 15, 1999
Title 37, Part IX
The Texas Commission on Jail Standards proposes to review the following
sections from Chapter 260 (concerning County Correctional Centers)pursuant
to the Appropriations Act of 1997, HB 1, Article IX, Section 167:
Subchapter A. General.
260.1, 260.2, 260.3 and 260.4
Subchapter B. CCC Design, Construction and Furnishing Requirements
260.100, 260.101, 260.102, 260.103, 260.104, 260.105, 260.106, 260.107,
260.108, 260.109, 260.110, 260.111, 260.112, 260.113, 260.114, 260.115, 260.116,
260.117, 260.118, 260.119, 260.120, 260.121, 260.122, 260.123, 260.124, 260.125,
260.126, 260.127, 260.128, 260.129, 260.130, 260.131, 260.132, 260.133, 260.134,
260.135, 260.136, 260.137, 260.138, 260.139, 260.140, 260.141, 260.142, 260.143,
260.144, 260.145, 260.146, 260.147, 260.148, 260.149, 260.150, 260.151, 260.152,
260.153, 260.154, 260.155, 260.156, 260.157, 260.158, 260.159, 260.160, 260.161,
260.162 and 260.163
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-9901494
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Filed: March 11, 1999
The Texas Commission on Jail Standards proposes to review the following
sections from Chapter 261 (concerning Existing Construction Rules)pursuant
to the Appropriations Act of 1997, HB 1, Article IX, Section 167:
Subchapter A. Existing Maximum Security Design, Construction and Furnishing
Requirements.
261.100, 261.101, 261.102, 261.103, 261.104, 261.105, 261.106, 261.107,
261.108, 261.109, 261.110, 261.111, 261.112, 261.113, 261.114, 261.115, 261.116,
261.117, 261.118, 261.119, 261.120, 261.121, 261.122, 261.123, 261.124, 261.125,
261.126, 261.127, 261.128, 261.129, 261.130, 261.131, 261.132, 261.133, 261.134,
261.135, 261.136, 261.137, 261.138, 261.139, 261.140, 261.141, 261.142, 261.143,
261.144, 261.145, 261.146, 261.147, 261.148, 261.149, 261.150, 261.151, 261.152,
261.153, 261.154, 261.155, 261.156, 261.157, 261.158, 261.159, 261.160, 261.161,
261.162, 261.163, 261.164, 261.165, 261.166, 261.167, 261.168, 261.169, 261.170
and 261.171
Subchapter B. Existing Lockup Design, Construction and Furnishing Requirements.
261.200, 261.201, 261.202, 261.203, 261.204, 261.205, 261.206, 261.207,
261.208, 261.209, 261.210, 261.211, 261.212, 261.213, 261.214, 261.215, 261.216,
261.217, 261.218, 261.219, 261.220, 261.221, 261.222, 261.223, 261.224, 261.225,
261.226, 261.227, 261.228, 261.229, 261.230, 261.231, 261.232, 261.233, 261.234,261.235,
261.236, 261.237, 261.238, 261.239, 261.240, 261.241, 261.242, 261.243, 261.244,
261.245, 261.246, 261.247, 261.248, 261.249, 261.250, 261.251, 261.252, 261.253,
261.254, 261.255, 261.256, 261.257, 261.258, 261.259, 261.260, 261.261, 261.262,
261.263, 261.264, 261.265 and 261.266
Subchapter C. Existing Minimum Security Design, Construction and Furnishing
Requirements.
261.300, 261.301, 261.302, 261.303, 261.304, 261.305, 261.306, 261.307,
261.308, 261.309, 261.310, 261.311, 261.312, 261.313, 261.314, 261.315, 261.316,
261.317, 261.318, 261.319, 261.320, 261.321, 261.322, 261.323, 261.324, 261.325,
261.326, 261.327, 261.328, 261.329, 261.330, 261.331, 261.332, 261.333, 261.334,
261.335, 261.336, 261.337, 261.338, 261.339, 261.340, 261.341, 261.342, 261.343,
261.344, 261.345, 261.346, 261.347, 261.348, 261.349, 261.350, 261.351, 261.352,
261.353, 261.354, 261.355, 261.356, 261.357, 261.358, 261.359, 261.360 and
261.361
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-9901493
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Filed: March 11, 1999
Title 30, Part I
The Texas On-Site Wastewater Treatment Research Council (council) proposes
the review of 30 TAC Chapter 286, On-Site Wastewater Treatment Research Council.
This review is in accordance with the General Appropriations Act, Article
IX, §167, 75th Legislature, 1997.
Chapter 286 concerns the organization, administration, and general procedures
and policies concerning the council's operation. The General Appropriations
Act, Article IX, §167, requires state agencies to review and consider
for readoption rules adopted under the Administrative Procedure Act. The reviews
must include, at a minimum, an assessment that the reason for the rules continues
to exist. The council has reviewed the rules in Chapter 286 and determined
that the reason for their adoption continues to exist. The rules are necessary
for the operation of the council. The rules define the organization and administration
of the council. They provide the process to be used for transaction of official
council business and meetings. The primary purpose of the council is to award
competitive grants to enhance the development of on-site wastewater treatment
systems through research and technology transfer. These rules provide the
criteria for submission of proposals and selection of the grants and are necessary
to define the grant process.
Comments on the council's review of the rules contained in Chapter 286
may be mailed to the Executive Secretary of the council, Warren D. Samuelson,
P. E., TNRCC, Installer Certification Section, MC 178, P.O. Box 13087, Austin,
Texas 78711-3087 or faxed to (512) 239-6390. All comments should reference
Chapter 286, On-Site Wastewater Treatment Research Council. Comments must
be received by 5:00 p.m., April 26, 1999. For further information, please
contact Warren D. Samuelson, (512) 239-4799.
TRD-9901516
Warren Samuelson
Executive Secretary
Texas On-Site Wastewater Protection Treatment Research Council
Filed: March 12, 1999
Title 22, Part XVII
The Texas State Board of Plumbing Examiners proposes to review the following
sections from Chapter 361, concerning Administration, pursuant to the Appropriations
Act of 1997, HB 1, Article IX, Section 167:
Subchapter A. General Provisions.
§§361.1-361.9
Subchapter B. Petition for Adoption of Rules.
§§361.21-361.28
Subchapter C. Election of Board Officers.
§361.29
The Texas State Board of Plumbing Examiners is contemporaneously proposing
amendments to §§361.1, 361.6-361.9, 361.25-361.27 and 361.29, elsewhere
in this issue of the
Texas Register
.
Comments on the proposed review may be submitted to Doretta A. Conrad,
Administrator, Texas State Board of Plumbing Examiners, 929 East 41st Street,
P.O. Box 4200, Austin, Texas, 78765-4200.
TRD-9901602
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Filed: March 15, 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 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) pursuant to the Appropriations Act of 1997,
HB 1, Article IX, §167 (§167). Project Number 20531 has been assigned
to this proceeding.
As part of this review process, the commission proposes an amendment to
§22.341. The proposed amendment 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 this section continues to exist in the comments filed on the proposed
amendment.
The commission is not proposing any changes to §22.342. 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 20531 - Review of Subchapter R relating
to Approval of Amendments to Existing Interconnection Agreements and Agreements
Adopting Terms and Conditions Pursuant to FTA96 §252(i).
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 §22.341. Approval of Amendments to Existing Interconnection
Agreements.
16 TAC §22.342. Approval of Agreements Adopting Terms and Conditions
Pursuant to Federal Telecommunications Act of 1996 (FTA96) §252(i).
TRD-9901485
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: March 10, 1999
Title 28, Part II
The Texas Workers' Compensation Commission files this notice of intention
to review the rules contained in Chapter 144 concerning Dispute Resolution;
Arbitration. This review is pursuant to the General Appropriations Act, Article
IX, Section 167, 75th Legislature.
The agency's reason for adopting the rules contained in this chapter continues
to exist and it proposes to readopt these rules.
Comments regarding the Section 167 requirement as to whether the reason
for adopting these rules continues to exist must be received by 5:00 p.m.
on April 26, 1999, and submitted to Donna Davila, Office of General Counsel,
Mailstop #4-D, Texas Workers' Compensation Commission, Southfield Building,
4000 South IH 35, Austin, Texas 78704-7491.
§144.1 Authority and Duties of Arbitrators
§144.2 Ex Parte Communications
§144.3 Delivery of Copies of Documents
§144.4 Election to Engage in Arbitration
§144.5 Statement of Disputes
§144.6 Assignment of Arbitrator
§144.7 Setting the Arbitration Proceeding
§144.8 Expediting Procedures
§144.9 Exchange of Evidence and Proposed Resolution
§144.10 Stipulations, Agreement, and Settlements
§144.11 Continuance
§144.12 Failure to Attend Arbitration
§144.13 Rights of Parties
§144.14 Usual Order of Proceedings
§144.15 Award of the Arbitrator
§144.16 Requesting a Copy of the Record
TRD-9901633
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: March 17, 1999
Texas Board of Professional Engineers
Title 22, Part VI
The Texas Board of Professional Engineers readopts without changes the
review to Chapter 131, Subchapter A (§§131.1-131.20), concerning
Bylaws and Definitions, pursuant to the Appropriations Act of 1997, HB 1,
Article IX, Section 167, as proposed in the December 18, 1998, issue of the
No comments were received regarding adoption of these sections.
TRD-9901611
John R. Speed, P.E.
Executive Director
Texas Board of Professional Engineers
Filed: March 16, 1999
The Texas Board of Professional Engineers readopts without changes the
review to Chapter 131, Subchapter B (§§131.31-131.38, 131.51-131.55),
concerning Application for License, pursuant to the Appropriations Act of
1997, HB 1, Article IX, Section 167, as proposed in the December 18, 1998,
issue of the
Texas Register
(23 TexReg 12939).
No comments were received regarding adoption of these sections.
TRD-9901612
John R. Speed, P.E.
Executive Director
Texas Board of Professional Engineers
Filed: March 16, 1999
The Texas Board of Professional Engineers readopts without changes the
review to Chapter 131, Subchapter C (§§131.71-131.73), concerning
References, pursuant to the Appropriations Act of 1997, HB 1, Article IX,
Section 167, as proposed in the December 18, 1998, issue of the
Texas Register
(23 TexReg 12939).
No comments were received regarding adoption of these sections.
TRD-9901613
John R. Speed, P.E.
Executive Director
Texas Board of Professional Engineers
Filed: March 16, 1999
The Texas Board of Professional Engineers readopts without changes the
review to Chapter 131, Subchapter D (§131.81), concerning Engineering
Experience, pursuant to the Appropriations Act of 1997, HB 1, Article IX,
Section 167, as proposed in the December 18, 1998, issue of the
Texas Register
(23 TexReg 12939).
No comments were received regarding adoption of these sections.
TRD-9901610
John R. Speed, P.E.
Executive Director
Texas Board of Professional Engineers
Filed: March 16, 1999
Title 37, Part IX
The Texas Commission on Jail Standards adopts the review to Chapter 259
pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167,
as proposed in the October 23, 1998, issue of the
Texas Register
(23 TexReg 10923). Some of the original proposed changes
published in the October 23, 1998, issue of the
Texas Register
(23 TexReg 10847) were withdrawn and re-proposed in
the January 29, 1999, issue of the
Texas Register
(507). This action was done only for administrative purposes. The
proposed changes published in the January 29, 1999 issue of the
Texas Register
are being adopted contemporaneously elsewhere in this
issue.
No comments were received regarding the January 29, 1999, publication of
Chapter 259. However, several comments were received regarding the October
23, 1998, publication of Chapter 259. These comments can be seen in adopted
section of the January 29, 1999, issue of the
Texas
Register
(24 TexReg 591).
The Commission readopts the following sections from Chapter 259.
259.1, 259.2, 259.3, 259.100, 259.101, 259.102, 259.103, 259.104, 259.105,
259.106, 259.107, 259.108, 259.109, 259.110, 259.111, 259.112, 259.113, 259.114,
259.115, 259.116, 259.117, 259.118, 259.119, 259.120, 259.121, 259.122, 259.123,
259.124, 259.125, 259.126, 259.127, 259.128, 259.129, 259.130, 259.131, 259.132,
259.133, 259.134, 259.135, 259.136, 259.137, 259.138, 259.139, 259.140, 259.141,
259.142, 259.143, 259.144, 259.145, 259.146, 259.147, 259.148, 259.149, 259.150,
259.151, 259.152, 259.153, 259.154, 259.155, 259.156, 259.157, 259.158, 259.159,
259.160, 259.161, 259.162, 259.163, 259.164, 259.165, 259.166, 259.167, 259.168,
259.169, 259.200, 259.201, 259.202, 259.203, 259.204, 259.205, 259.206, 259.207,
259.208, 259.209, 259.210, 259.211, 259.212, 259.213, 259.214, 259.215, 259.216,
259.217, 259.218, 259.219, 259.220, 259.221, 259.222, 259.223, 259.224, 259.225,
259.226, 259.227, 259.228, 259.229, 259.230, 259.231, 259.232, 259.233, 259.234,
259.235, 259.236, 259.237, 259.238, 259.239, 259.240, 259.241, 259.242, 259.243,
259.244, 259.245, 259.246, 259.247, 259.248, 259.249, 259.250, 259.251, 259.252,
259.253, 259.254, 259.255, 259.256, 259.257, 259.258, 259.259, 259.260, 259.261,
259.262, 259.263, 259.264, 259.265, 259.300, 259.301, 259.302, 259.303, 259.304,
259.305, 259.306, 259.307, 259.308, 259.309, 259.310, 259.311, 259.312, 259.313,
259.314, 259.315, 259.316, 259.317, 259.318, 259.319, 259.320, 259.321, 259.322,
259.323, 259.324, 259.325, 259.326, 259.327, 259.328, 259.329, 259.330, 259.331,
259.332, 259.333, 259.334, 259.335, 259.336, 259.337, 259.338, 259.339, 259.340,
259.341, 259.342, 259.343, 259.344, 259.345, 259.346, 259.347, 259.348, 259.349,
259.350, 259.351, 259.352, 259.353, 259.354, 259.355, 259.356, 259.357, 259.358,
259.359, 259.400, 259.401, 259.402, 259.403, 259.404, 259.405, 259.406, 259.407,
259.408, 259.409, 259.410, 259.411, 259.412, 259.413, 259.414, 259.415, 259.416,
259.417, 259.418, 259.419, 259.420, 259.421, 259.422, 259.423, 259.424, 259.425,
259.426, 259.427, 259.428, 259.429, 259.430, 259.431, 259.432, 259.433, 259.434,
259.435, 259.436, 259.437, 259.438, 259.439, 259.440, 259.441, 259.442, 259.443,
259.444, 259.445, 259.446, 259.447, 259.448, 259.449, 259.450, 259.451, 259.452,
259.453, 259.454, 259.455, 259.500, 259.501, 259.502, 259.503, 259.504, 259.505,
259.506, 259.507, 259.508, 259.509, 259.510, 259.511, 259.512, 259.513, 259.514,
259.515, 259.516, 259.517, 259.518, 259.519, 259.520, 259.521, 259.522, 259.600,
259.601, 259.602, 259.603, 259.604, 259.605, 259.606, 259.607, 259.608, 259.609,
259.610, 259.611, 259.612, 259.613, 259.614, 259.615, 259.616, 259.617, 259.618,
259.619, 259.620, 259.621, 259.622, 259.700, 259.701, 259.702, 259.703, 259.704,
259.705, 259.706, 259.707, 259.708, 259.709, 259.710, 259.711, 259.712, 259.713,
259.714, 259.715, 259.716, 259.717, 259.718, 259.719, 259.720, 259.721, 259.722,
259.723, 259.724, 259.725, 259.726, 259.727, 259.728, 259.729, 259.730, 259.731,
259.732, 259.733, 259.734, 259.735, 259.736, 259.737, 259.738, 259.739, 259.740,
259.741, 259.742, 259.743, 259.744, 259.745, 259.746, 259.747, 259.748, 259.749,
259.750, 259.751, 259.752, 259.753, 259.754, 259.755, 259.756, 259.757, 259.758,
259.759, 259.760, 259.761, 259.762, 259.763, 259.764, 259.765, 259.766, 259.767,
259.768, 259.769, 259.770, and 259.771.
TRD-9901541
Jack E. Crump
Executive Director
Texas Commission on Jail Standards
Filed: March 15, 1999
Title 16, Part VI
The Texas Motor Vehicle Board of the Texas Department of Transportation
readopts 16 TAC Chapter 111, General Distinguishing Numbers, pursuant to the
Appropriations Act of 1997, House Bill 1, Article IX, §167. Notice of
the proposed review was published in the January 22, 1999, issue of the
No comments were received related to the rule review requirement as to
whether the reasons for adopting the rules continue to exist. As a result
of the review process, the Board will propose amendments to §§111.1-111.3,
111.5-111.11 and 111.14-111.16. The Board will also propose simultaneous repeal
and adoption of new §111.12.
The proposals will be published in a future issue of 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-9901550
Brett Bray
Director, Motor Vehicle Board
Motor Vehicle Board, Texas Department of Transportation
Filed: March 15, 1999
Title 22, Part XII
In accordance with the Appropriations Act 167, The Board of Vocational
Nurse Examiners reviewed Chapter 237 of the Rules and Regulations Relating
to Vocational Nursing Education, Licensure, and Practice in the State of Texas
for re-adoption or amendment at the March 8-9, 1999 Board Meeting.
The Board readopted all rules in Chapter 237 with the exception of the
following rules which will be published in a future issue of the
Texas Register
for amendment: §237.1 and 237.16.
Comments on the review may be submitted to Mary M. Strange, Executive Director,
Board of Vocational Nurse Examiners, 333 Guadalupe, Suite 3-400, Austin, Texas
78701.
TRD-9901614
Mary M. Strange, RN, BSN, CNA
Executive Director
Board of Nurse Examiners
Filed: March 16, 1999
In accordance with the Appropriations Act, Section 167, the Board of Vocational
Nurse Examiners reviewed Chapter 240 of the Rules and Regulations Relating
to Vocational Nursing Education, Licensure and Practice in the State of Texas
for re-adoption or amendment at the March 8 - 9, 1999 Board Meeting.
The Board readopted all rules in Chapter 340 with the exception of the
following rules which will be published in a future issue of the
Texas Register
for amendment: §240.11 and 240.12.
Comments on the review may be submitted to Mary M. Strange, Executive Director,
Board of Vocational Nurse Examiners, Suite 3-400, Austin, Texas 78701.
TRD-9901615
Mary M. Strange, RN, BSN, CNA
Executive Director
Board of Nurse Examiners
Filed: March 16, 1999
Texas Historical Commission
Texas Commission on Jail Standards
Texas On-Site Wastewater Protection Treatment Research Council (Texas Natural Resource Conservation Commission)
Texas State Board of Plumbing Examiners
Proposed Rule Review
Texas Workers' Compensation Commission
Adopted Rule Reviews
Texas Commission on Jail Standards
Motor Vehicle Board, Texas Department of Transportation
Board of Vocational Nurse Examiners