TITLE rule-review

Agency Rule Review Plan

Texas Turnpike Authority Division of the Texas Department of Transportation

Title 43, Part 2

Filed: August 3, 2000


Adopted Rule Reviews

Texas Department of Agriculture

Title 4, Part 1

The Texas Department of Agriculture (the department) adopts the review of Title 4, Texas Administrative Code, Part 1, Chapter 20, concerning Cotton Pest Control, pursuant to the Texas Government Code, §2001.039 and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999 (Section 9-10.13), and readopts this chapter with the amendments, new section and repeal proposed in its notice of intent to review. The proposed notice of intent to review was published in the June 23, 2000, issue of the Texas Register (25 TexReg 6173)

Section 9-10.13 and §2001.039 require state agencies to review and consider for readoption each of their rules every four years. The review must include an assessment of whether the original justification for the rules continues to exist.

As part of the review process, the department proposed amendments to Title 4, Part 1,§20.1 and §20.22, new §20.23, and the repeal of §20.4. These proposals were also published in the June 23, 2000, issue of the Texas Register . No comments were received regarding the proposals or the department's notice of intent to review Chapter 20. The adopted amendments, new section and repeal may be found in the adopted rule section of this issue of the Texas Register .

The department has determined that in addition to adopting the above-referenced sections as proposed and the adopting the repeal of §20.4, the reason for readopting without changes all remaining sections in Title 4, Part 1, Chapter 20 continues to exist.

TRD-200005435

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: August 7, 2000


The Texas Department of Agriculture (the department) adopts the review of Title 4, Texas Administrative Code, Part 1, Chapter 12, concerning Weights and Measures, Chapter 19, concerning Quarantines, and Chapter 22, relating to Nursery Products and Floral Items, pursuant to the Texas Government Code, §2001.039 and the General Appropriations Act, Article IX, §§9-10.13, 76th Legislature, 1999 (§§9-10.13) and readopts these chapters with the amendments noted in its proposed notice of intent to review. The proposed notice of intent to review was published in the June 30, 2000, issue of the Texas Register (25 TexReg 6391).

Section 9-10.13 and §2001.039 require state agencies to review and consider for readoption each of their rules every four years. The review must include an assessment of whether the original justification for the rules continues to exist.

The department adopted amendments to §19.62 and the repeal of §§12.2, 19.8, and 22.6. These adoptions were also published in the June 30, 2000, issue of the Texas Register . No comments were received on the department's notice of intent to review Chapters 12, 19, and 22.

The department has determined that the reason for readopting without changes all sections in Title 4, Part 1, Chapters 12, 19 and 22, including the recently adopted amendments to Chapter 19, continues to exist.

TRD-200005527

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: August 9, 2000


General Land Office

Title 31, Part 1

In accordance with the General Appropriations Act, Article IX, §167, 75th Legislature (codified as §2001.039, Government Code) the General Land Office adopts the review of all rules under 31 TAC, Chapter 20 relating to Natural Resources Damage Assessment. Notice of the proposed review was published in February 2, 2000, edition of the Texas Register (25 TexReg 1155).

No proposed amendments, repeals, or new rules resulted from the review and the agency has determined that the initial reasons for adopting the rules contained within Chapter 20 continues to exist and are a valid exercise of the agency's authority.

The GLO received no comments regarding the review of the rules contained in Chapter 20.

TRD-200005525

Larry Soward

Chief Clerk

General Land Office

Filed: August 9, 2000


Texas Military Facilities Commission

Title 37, Part 12

The Texas Military Facilities Commission (Commission) adopts the review of 37 TAC Chapter 375 pursuant to Texas Government Code, §2001.039. The Commission published notice of the review of this Chapter in the October 22, 1999, issue of the Texas Register (24 TexReg 9319).

No comments were received.

Texas Government Code, §435.013(a) designates the Commission as the "exclusive authority for the construction, repair, and maintenance of National Guard armories, facilities, and improvements owned by the state and located on commission property." The Chapter 375 rules describe the entire construction process beginning with project identification, proceeding through design, award, administration, completion, and ending with post-completion expectations.

The Chapter 375 rule is necessary to assign responsibility for all phases of construction projects, to minimize the likelihood of disputes, and to insure fairness in the construction bid and award process. Accordingly, the reasons for the rule continue to exist.

As part of the rule review process, the Commission proposes amendments to §§375.1-375.11. This proposal was filed concurrently with this notice and appears in the Proposed Rule section of this issue. This action completes the Commission's review of 37 TAC Chapter 375.

TRD-200005452

Jerry D. Malcolm

Executive Director

Texas Military Facilities Commission

Filed: August 7, 2000


Texas Department of Public Safety

Title 37, Part 1

The Texas Department of Public Safety (DPS) has completed the review of Chapter 23 - Vehicle Inspection. Pursuant to the requirements of §167 of the Appropriations Act, the DPS readopts the following: Chapter 23: §§23.3-23.7, 23.9, 23.11-23.17, 23.21-23.25, 23.28, 23.29, 23.41, 23.42, 23.52, 23.53, 23.61, 23.71-23.79, 23.93, 23.94, 23.101, and 23.102.

The proposed review was published in the May 12, 2000, issue of the Texas Register (25 TexReg 4360).

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 May 19, 2000, issue of the Texas Register (25 TexReg 4496), §§23.1, 23.2, 23.8, 23.10, 23.26, 23.27, and 23.51.

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

TRD-200005424

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Filed: August 3, 2000