Proposed Rule Reviews
Texas Animal Health Commission
Title 4, Part 2
The Texas Animal Health Commission (commission), proposes to review and
consider for readoption, revision, or repeal of Chapter 35, Subchapters A,
B, C and D concerning Brucellosis, in accordance with the General Appropriations
Act, Article IX, §167, 75th Legislature. The rules to be reviewed are
found in Chapter 35, Subchapter A. B C and D which is located in Title 4,
Part II, of the Texas Administrative Code and contain the following sections:
SUBCHAPTER A. ERADICATION OF BRUCELLOSIS IN CATTLE: §35.1 Definitions; §35.2,
General Requirements; §35.3, Requirements for Certified Brucellosis Free
Herd of Cattle; §35.4, Entry, Movement, and Change of Ownership; §35.6,
Indemnity Payments to Owners of Cattle Exposed to Brucellosis; §35.7,
Disposition of Animals Other Than Cattle That React to a Brucellosis Test.
SUBCHAPTER B. ERADICATION OF BRUCELLOSIS IN SWINE: §35.41, Definition; §35.42,
Classification of Swine by Blood and Semen Tests; §35.43, Persons Authorized
To Conduct Official Test; §35.44, Identification and Movement of Brucellosis
Infected and Exposed Swine; §35.45, Procedures for Handling Brucellosis
Infected, Adjacent, and High Risk Herds of Swine; §35.46, Plans for Eradicating
Brucellosis from Infected Swine Herds; §35.47, Owner Assistance; §35.48,
Initial Validation and Revalidation of Individual Swine Herd and §35.49,
General Requirements.
SUBCHAPTER C. ERADICATION OF BRUCELLOSIS IN DAIRY GOATS: §35.60; Definitions
and §35.61, Requirements for Certified Brucellosis Free Herd of Dairy
Goats.
SUBCHAPTER D. ERADICATION OF BRUCELLOSIS IN CERVIDAE: §35.80, Definitions; §35.81,
General Requirements and §35.82 Requirements for Certified Brucellosis
Free Cervidae Herd.
The commission finds reason for the rule to continue to exist but will
consider comments related to whether reasons for re-adoption of these rules
continue to exist, whether amendments or changes are needed, or whether repeal
of the chapter is appropriate. Any changes to the rules proposed by the commission
will be done after reviewing the rules and considering the comments received
in response to this notice. Any proposed rule changes will then 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 Edith
Smith, P.O. Box 12966, Austin, Texas 78711-2966. They may also be sent by
facsimile to (512) 719-0721 or by e-mail to "comments@tahc.state.tx.us." Comments
will be reviewed and discussed in a future commission meeting.
TRD-200002391
Gene Snelson
General Counsel
Texas Animal Health Commission
Filed: April 3, 2000
Title 13, Part 2
The Texas Historical Commission files its notice of intention to review
its rules contained in Title 13, Part II, Chapters 15, 17, and 23. This review
is conducted pursuant to the General Appropriations Act, Article IX, (167,
75th Legislature, and (9-10, 76th Legislature, and codified as Texas Government
Code (2001.039 as added by SB178, 76th Legislature. Chapter 15, Administrative
of Federal Programs, Chapter 17 regarding the State Architectural Programs,
and Chapter 23 concerning Agency Publications, will be reviewed to determine
whether amendments will be required and/or whether the reason for adopting
the rules still exists. Any changes to the rules will appear in the "proposed
rules" section of the
Texas Register
and will
be acted on in accordance with state rule making procedures.
Comments may be directed to F. Lawerence Oaks, Executive Director, Texas
Historical Commission, P.O. Box 12276, Austin, TX, 78711, within 30 days following
the publication of this notice in the
Texas Register
.
TRD-200002263
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Filed: March 29, 2000
Title 43, Part 1
Notice of Intention to Review: In accordance with the General Appropriations
Act of 1999, House Bill 1, §10.13, Article IX, and Government Code, §2001.039,
as added by Senate Bill 178, 76th Legislature, the Texas Department of Transportation
(department) files this notice of intention to review Title 43 TAC, Part I,
43 TAC §§21.1-21.15, land acquisition procedures; §21.21, utility
adjustment, relocation, or removal; §§21.31-21.56, utility accommodation; §21.71,
expenses incidental to transfer of title to state; §21.81, passes; §§21.101-21.104,
disposal of real estate interests; §§21.111-21.117, relocation assistance
and benefits; §§21.131-21.133, control and screening of junkyards
and automobile graveyards; §§21.141-21.162, control of outdoor advertising
signs; §§21.401-21.581, control of signs along rural roads; and §§21.600-21.606,
leasing of highway right of way.
The department will accept comments regarding whether the reasons for adopting
these rules continue to exist. The comment period will last 30 days beginning
with the publication of this notice of intention to review.
Comment or questions regarding this rule review may be submitted in writing
to John P. Campbell, Director, Right of Way Division, Texas Department of
Transportation, 125 E. 11th Street, Austin, Texas 78701-2483, or by phone
at (512) 416-2900.
TRD-200002302
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: March 31, 2000
Title 28, Part 2
The Texas Workers' Compensation Commission files this notice of intention
to review the rules contained in Chapter 132 concerning Benefits-Death and
Burial Benefits. This review is pursuant to the General Appropriations Act,
Article IX, §167, 75th Legislature, the General Appropriations Act, Section
9-10, 76th Legislature, and Texas Government Code §2001.039 as added
by SB-178, 76th Legislature.
The agency's reason for adopting the rules contained in these chapters
continues to exist and it proposes to readopt these rules. NOTE: Since the
review of these rules, an amendment to §132.10 and new §132.17 have
become effective. This action does not alter the proposal to readopt all the
rules in Chapter 132.
Comments regarding whether the reason for adopting these rules continues
to exist must be received by 5:00 p.m. on May 15, 2000 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.
Chapter 132 Benefit-Death and Burial Benefits
§132.1 Calculation of Death Benefits
§132.2 Determination of Facts of Dependent Status
§132.3 Eligibility of Spouse to Receive Death Benefits
§132.4 Eligibility of a Child to Receive Death Benefits
§132.5 Eligibility of a Grandchild to Receive Death Benefits
§132.6 Eligibility of Other Surviving Dependents to Receive Death
Benefits
§132.7 Duration of Death Benefits for Eligible Spouse
§132.8 Duration for Death Benefits for Eligible Child
§132.9 Duration of Death Benefits for an Eligible Grandchild and any
Other Eligible Dependents
§132.10 Payment of Death Benefits to the Subsequent Injury Fund
§132.11 Distribution of Death Benefits
§132.12 Redistribution of Death Benefits
§132.13 Burial Benefits
§132.14 Autopsy
§132.15 Definitions
§132.16 Change in Payment Periods; Purchase of Annuity for Death
Benefits
TRD-200002436
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: April 5, 2000
The Texas Workers' Compensation Commission files this notice of intention
to review the rules contained in Chapter 150 concerning Representation of
Parties Before the Agency Qualifications of Representatives. This review is
pursuant to the General Appropriations Act, Article IX, §167, 75th Legislature,
the General Appropriations Act, Section 9-10, 76th Legislature, and Texas
Government Code §2001.039 as added by SB-178, 76th Legislature.
The agency's reason for adopting the rules contained in these chapters
continues to exist and it proposes to readopt these rules.
Comments regarding whether the reason for adopting these rules continues
to exist must be received by 5:00 p.m. on May 15, 2000 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.
Chapter 150 Representation of Parties Before the Agency Qualifications
of Representatives
§150.1 Minimum Standards of Practice for an Attorney
§150.2 Qualification and Authorization of Attorney to Practice Before
the Commission
§150.3 Representatives: Written Authorization Required
TRD-200002435
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: April 5, 2000
Texas Animal Health Commission
Title 4, Part 2
The Texas Animal Health Commission (commission) has completed the review
of Chapter 43, Subchapter C, concerning Tuberculosis in Cervidae, in accordance
with the General Appropriations Act, Article IX, §167, 75th Legislature.
The rules that were reviewed are found in Chapter 43, Subchapter C which is
located in Title 4, Part II, of the Texas Administrative Code and contain
the following sections: §43.20 Definitions; §43.21 General Requirements; §43.22.
Herd Status Plans for Cervidae; and §43.23 Requirements for Entry into
Texas. The proposed notice of review was published in the January 7, 2000,
issue of the
Texas Register
(25 TexReg 217).
The commission received one letter from the Exotic Wildlife Association
(EWA) with several comments on this chapter. The commission responds to the
following comments.
EWA states that TAHC has monitored and required testing of cervidae since
1990 for entry into Texas and 1996 for a change of ownership in Texas and
in that time approximately 28,000 animals have been tested and they are all
negative. The issue is that such an effort costs time, money, and lost opportunities.
Deer dying in the attempt to test cause the EWA to ask "why"? A case in point
is the two test requirement for deer which come into Texas. This requirement
has created the "midnight hauler" phenomenon. They believe that one test should
suffice for entry into Texas. This would encourage development of a reliable
test that all our deer can survive. In response to this comment, the commission
would note that the two test requirement is a minimum federal standard and,
therefore, we are limited to conforming the state standards to meet the minimum
federal standards.
The definition of white-tailed deer is not included in the TAHC definition
of cervidae. Presumably, this is because Texas Parks and Wildlife are entrusted
with the regulatory authority. What about non-native white tail deer? The
definition of cervidae in Chapter 43 is for all species of deer raised under
agricultural conditions and the definition does not distinguish between native
and non-native.
Who monitors and regulates the disease risk of such imports? The responsibility
would depend on the purpose that the animal is brought into the state. If
it is brought and managed under agricultural conditions, the testing requirements
contained in commission rules would apply. However, if the animal is brought
in for the purpose of being released and managed in the wild, then the responsibility
would be under the Texas Parks and Wildlife's jurisdiction.
If the Texas Parks and Wildlife does this, then what sort of surveillance
regime do they have in place for TB? In regards to deer, there is some shared
responsibility between the two agencies, but in response to this question,
the commission notes that it cooperates and assists Texas Parks and Wildlife
in regards to surveillance regimes but would defer to them in answering what
types of surveillance regimes they have in place.
The questions are predicated on concerns raised by the risk of disease
being transmitted from native, free ranging cervidae to non-native, captive
cervidae (ie. CWD) EWA asks [w]hat regulations will apply to native cervidae
if mandatory testing is imposed on exotics in the future? The commission would
note that if the deer is free ranging, then a requirement is not imposed,
nor could it realistically be applied on the animals, as they are not owned
by an individual and are wild. However, if an animal is being raised under
agricultural conditions then the current test requirement for a change of
ownership would apply.
The word disease is misspelled in §43.20 (13). The commission appreciates
the comment and will have that corrected through a future rule proposal.
The commission readopts these sections pursuant to the requirements of
the General Appropriations Act, Article IX, §167, 75th Legislature and
finds reasons for adopting these rules continue to exist.
This concludes the review of Chapter 43. Tuberculosis in Cervidae.
TRD-200002392
Gene Snelson
General Counsel
Texas Animal Health Commission
Filed: April 3, 2000
The Texas Animal Health Commission (commission) has completed the review
of Chapter 53 concerning Market Regulations, in accordance with the General
Appropriations Act, Article IX, §167, 75th Legislature. The rules that
were reviewed are found in Chapter 53 which is located in Title 4, Part II,
of the Texas Administrative Code and contains the following sections: §53.1.
Facilities; §53.2. Release of Animals; §53.3. Quarantine; §53.4.
Market Identification; and §53.5. Market Record keeping. The proposed
notice of review was published in the January 7, 2000 issue of the
Texas Register
(25 TexReg 217).
The commission received one letter with several comments on this chapter.
The first is in regards to the requirement that a work space for performing
the necessary brucellosis blood testing be provided which includes hot water
and a refrigerator and the commentator states it is expensive to provide these
requirements. The commission recognizes that such requirements can increase
the cost in providing them but the identified amenities, hot water and refrigerator,
are necessary to support the testing protocols being performed at a market.
The commentator notes that he provides an expensive headgate as well as three
individuals to assist and the commission appreciates and thanks the commentator
for being so supportive. The second issue raised by the commentator is in
regards to the $2.00 per head paid to have the test performed. As the commentator
noted, this is the same price paid at the commencement of this program and
should be raised. The commission realizes that the cost has not changed and
has looked at raising the cost, but budgetary constraints have prevented an
increase. It will be reevaluated in the future. The third item is that the
commission should provide notice signs for quarantine pens. The commission
agrees and will look into the procedures necessary to provide these signs.
The commission readopts these sections pursuant to the requirements of
the General Appropriations Act, Article IX, §167, 75th Legislature and
finds reasons for adopting these rules continue to exist.
This concludes the review of Chapter 53. Market Regulations.
TRD-200002393
Gene Snelson
General Counsel
Texas Animal Health Commission
Filed: April 3, 2000
The Texas Animal Health Commission (commission) has completed the review
of Chapter 55 concerning Swine, in accordance with the General Appropriations
Act, Article IX, §167, 75th Legislature. The rules that were reviewed
are found in Chapter 55 which is located in Title 4, Part II, of the Texas
Administrative Code and contain the following sections: §55.1. Testing
Breeding Swine Prior to Sale or Change of Ownership; §55.2. Prohibition
on the Use of Modified Live Virus Hog Cholera Vaccine; §55.3. Feeding
of Garbage; §55.4. Livestock Markets Handling Swine; §55.5 Pseudorabies; §55.6.
Entry Requirements; §55.7. Slaughter Plant Requirements; §55.8.
Dealer Recordkeeping; and §55.9. Feral Swine. The proposed notice of
review was published in the January 7, 2000, issue of the
Texas Register
(25 TexReg 217).
The commission received two letters with several comments on this chapter.
The first commentator states that the biggest concern he sees with the rules
is in regards to out-of-state pigs and breeding stock which come into the
state in non-compliance with our requirements. Specifically, under the entry
requirement listed as 55.6 (f), which states that "[e]xhibition swine originating
in Texas entered in terminal shows are exempt from brucellosis, leptospirosis,
and pseudorabies requirements," does that mean that all Texas exhibition swine
do not need to be tested? The regulation applies only to animals going to
"terminal" shows and does not apply to all shows.
The commission received a letter of support for the regulations as reviewed
from Texas A&M and the Agriculture Program.
The commission readopts these sections pursuant to the requirements of
the General Appropriations Act, Article IX, §167, 75th Legislature and
finds reasons for adopting these rules continue to exist.
This concludes the review of Chapter 55. Swine.
TRD-200002394
Gene Snelson
General Counsel
Texas Animal Health Commission
Filed: April 3, 2000
Title 40, Part 19
The Board of the Texas Department of Protective and Regulatory Services
(the board) readopts Chapters 715, 720, 725, and 727, as amended since the
notice of intent to review was published in the November 5, 1999, issue of
the
Texas Register
(24 TexReg 9853). In completing
its review and readoption of these chapters, the board considered, among other
things, whether the reasons for adoption of these chapters continue to exist.
Chapter 715 satisfies the requirements of Human Resources Code, Chapter
42. Chapter 715 consists of rules which set minimum standards for licensed
child-care facilities and registered family homes. The board has reviewed
Chapter 715 and determined that the initial reasons for the adoption of these
rules continues to exist.
Chapter 720 satisfies the requirements of Human Resources Code, Chapter
42. Chapter 720 consists of rules that set minimum standards for 24-hour care
licensed facilities. The board has reviewed Chapter 720 and determined that
the initial reasons for the adoption of these rules continues to exist.
Chapter 725 satisfies the requirements of Human Resources Code, Chapters
42 and 43. Chapter 725 consists of rules that clarify general procedures essential
to the regulation of all facilities and homes. The board has reviewed Chapter
725 and determined that the initial reasons for the adoption of these rules
continues to exist.
Chapter 727 satisfies the requirements of Health and Safety Code, Chapter
249. Chapter 727 consists of rules that set minimum standards for maternity
homes. The board has reviewed Chapter 727 and determined that the initial
reasons for the adoption of these rules continues to exist.
During the public comment period, which closed on December 20, 1999, the
Department received one comment from an individual regarding the plan to review
child care licensing rules. The commenter stated that current child care licensing
rules are written using complex language that is difficult to comprehend.
The board agrees with this comment, and has directed the Division of Child
Care Licensing to restructure all child care licensing rules in a format and
style that make the rules easier to locate and to understand. This process
is ongoing. When completed, the proposed changes to rules will be published
for public comment in the
Texas Register
in
accordance with the Administrative Procedures Act.
This completes the board's rule review of 40 TAC Chapters 715, 720, 725,
and 727, as required by Texas Government Code, §2001.039, and the General
Appropriations Act of 1999, Article IX, §167.
TRD-200002321
C. Ed Davis
Agency Liaison
Texas Department of Protective and Regulatory Services
Filed: March 31, 2000
Title 43, Part 1
Notice of Readopted Rule: The Texas Department of Transportation readopts
without changes Title 43 TAC, Part I, §9.3, concerning protest of department
purchases under the State Purchasing and General Services Act; §9.5 concerning
special labor provisions for public works contracts; §§9.6-9.8,
concerning procedures for debarment and suspension of a contractor; §§9.10-9.20,
concerning highway improvement contracts; §§9.50-9.59, concerning
business opportunity programs; §§11.50-11.53, concerning access
driveways to state highways; §13.8, concerning testing asphalt; and §15.13,
concerning new product evaluation. This review was conducted in accordance
with the General Appropriations Act of 1999, House Bill 1, §10.13, Article
IX, and Government Code, §2001.039, as added by Senate Bill 178, 76th
Legislature.
The proposed review was published in the February 11, 2000, edition of
the
Texas Register
(25 TexReg 1156). No comments
were received regarding the readoption of these rules. The Texas Transportation
Commission has reviewed these rules and determined that the reasons for adopting
them continue to exist.
Section 9.4, concerning equal employment opportunity, was repealed and
replaced with new Civil Rights-Title VI Compliance, effective February 20,
2000 (25 TexReg 1144). Sections 15.11 and 15.12, concerning research and development
and Civil Rights Title VI Compliance, were repealed effective February 20,
2000, 25 TexReg 1147.
TRD-200002301
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: March 31, 2000
Texas Historical Commission
Texas Department of Transportation
Texas Workers' Compensation Commission
Adopted Rule Reviews
Texas Department of Protective and Regulatory Services
Texas Department of Transportation