TITLE rule-review

In accordance with the General Appropriations Act, Article IX, §67, 75th Legislature, 1997 (codified as Section 2001.039, Government Code), the Texas Ethics Commission proposes to review Title 1, Texas Administrative Code, Part 2, Chapter 34 (Regulation of Lobbyists). The reason for adopting the rules continues to exist.

Comments on the proposed review from any member of the public are solicited. A written comment should be mailed or delivered to Karen Lundquist, Texas Ethics Commission, P.O. Box 12070, Austin, TX 78711-2070, or by facsimile (FAX) to (512) 463-5777. A person who wants to offer spoken comments to the commission concerning the proposed review may do so at any commission meeting during the agenda item "Communication to the Commission from the Public." Information concerning the date, time, and location of commission meetings is available by telephoning (512)463-5800 or, toll free in Texas, (800) 325-8506.

TRD-200004457

Tom Harrison

Executive Director

Texas Ethics Commission

Filed: June 26, 2000

Railroad Commission of Texas

Title 16, Part 1

The Railroad Commission of Texas files this notice of intention to review and readopt without change the following sections of 16 Texas Administrative Code, Part 1, Chapter 3: §3.9, relating to disposal wells; §3.10, relating to restriction of production of oil and gas from different strata; §3.33, relating to geothermal resource production test forms required; §3.40, relating to assignment of acreage to pooled development and proration units; §3.42, relating to oil discovery allowable; §3.45, relating to oil allowables; §3.46, relating to fluid injection into productive reservoirs; §3.48, relating to capacity oil allowables for secondary or tertiary recovery projects; §3.50, relating to enhanced oil recovery projects--approval and certification for tax incentive; §3.51, relating to oil potential test forms required; §3.70, relating to commission forms required to be filed (commonly known as Statewide Rule 80); §3.84, relating to gas shortage emergency response; and, §3.103, relating to certification for severance tax exemption for casinghead gas previously vented or flared. This review and consideration is being conducted in accordance with Texas Government Code §2001.039.

The agency's reasons for adopting these rules continue to exist.

Comments may be submitted to Rita E. Percival, Planner, Oil and Gas Division, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967 or rita.percival@rrc.state.tx.us. Comments will be accepted for 30 days after publication of this notice in the Texas Register .

Issued in Austin, Texas, on June 22, 2000.

TRD-200004367

Mary Ross McDonald

Deputy General Counsel, Office of General Counsel

Railroad Commission of Texas

Filed: June 22, 2000

Texas Real Estate Commission

Title 22, Part 23

The Texas Real Estate Commission proposes to review the following sections of Chapter 535 in accordance with the Texas Government Code, §2001.039, and the General Appropriations Act of 1999, 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.

§535.300. Residential Rental Locators.

§535.400. Registration of Easement or Right-of-Way Agents.

§535.401. Required Notices.

§535.402. Complaints, Disciplinary Action and Appeals.

§535.403. Renewal of Registration.

TRD-200004453

Mark A. Moseley

General Counsel

Texas Real Estate Commission

Filed: June 26, 2000

Adopted Rule Reviews

Texas Department of Agriculture - Texas Agricultural Finance Authority

Title 4, Part 1

The Texas Agricultural Finance Authority (Authority) of the Texas Department of Agriculture adopts the review of Title 4, Texas Administrative Code, Part I, Chapter 24 concerning the Authority's Farm and Ranch Finance Program, Chapter 26 concerning the Authority's Linked Deposit Program, Chapter 28 concerning the Authority's Financial Assistance Program, Chapter 29 concerning the Texas Agricultural Diversification Program: Matching Grants, and Chapter 30 concerning the Authority's Young Farmer Loan Guarantee Program. This review is proposed 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 Chapters 24, 26, 28 and 30 without changes. The Authority also adopts the repeal of Chapter 29, as proposed in its notice of intention to review. The proposed notice of intention to review was published in the May 19, 2000, issue of the Texas Register (25 TexReg 4597) .

Section 9-10- 13 and § 2110.039 requires states agencies to review and consider for readoption each of their rules every four years. The review must included as assessment of whether the original justification for the rules continues to exist.

As part of the review process, the Authority proposed the repeal of Title 4, Part I, Chapter 29. The proposed repeal of Chapter 29 was also published in the May 19, 2000 publication of the Texas Register . Chapter 29 has been repealed because the statutory authority for the matching grants program has been repealed. No comments were received on the proposed notice of intent to review or on the proposed repeal of Chapter 29. The Board has determined that, with the exception of the repeal of Chapter 29, which has been adopted by the Board and is published in the adopted rule section of this issue of the Texas Register , the reason for adoption or readoption of all remaining sections in Title 4, Part 1, Chapters 24, 26, 28 and 30 continues to exist.

TRD-200004436

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture - Texas Agricultural Finance Authority

Filed: June 26, 2000

Railroad Commission of Texas

Title 16, Part 1

The Railroad Commission of Texas (Commission), readopts §3.5, relating to Application to Drill, Deepen, Reenter, or Plug Back; §3.8, relating to Water Protection; §3.14, relating to Plugging; §3.32, relating to Gas Well Gas and Casinghead Gas Shall be Utilized for Legal Purposes; §3.37, relating to Statewide Spacing Rule; §3.38, relating to Well Densities; §3.57, relating to Reclaiming Tank Bottoms, Other Hydrocarbon Wastes, and Other Waste Materials; §3.68, relating to Pipeline Connection; Cancellation of Certificate of Compliance; Severance; §3.86, relating to Horizontal Drainhole Wells; and §3.96, relating to Underground Storage of Gas in Productive or Depleted Reservoirs. The notice of review was published in the March 24, 2000, issue of the Texas Register (25 TexReg 2664). The Commission received no comments regarding the proposed rule review. After review, the Commission readopts these sections, as amended.

The Commission has determined that the reasons for adopting these rules, with the adopted amendments, continue to exist.

Issued in Austin, Texas, on June 20, 2000.

TRD-200004366

Mary Ross McDonald

Deputy General Counsel, Office of General Counsel

Railroad Commission of Texas

Filed: June 22, 2000

Texas Workers' Compensation Commission

Title 28, Part 2

In accordance with the General Appropriation 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, and pursuant to the notice of intention to review published in the March 17, 2000 and the April 14, 2000 issues of the Texas Register (25 TexReg 3310 and 2406), the Texas Workers' Compensation Commission has reviewed and considered for readoption the following rules in Title 28, Part 2 of the Texas Administrative Code:

Chapter 132 Benefits -- 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

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

Chapter 169 Workers' Health and Safety -- Drug-Free Workplace Program

§169.1 Notification of Drug Abuse Policy

§169.2 Required Elements of Drug Abuse Policy

The Texas Workers' Compensation Commission (the Commission) has assessed whether the reason for adopting or readopting these rules continues to exist. No comments were received regarding the review of these rules.

As a result of the review, the Commission has determined that the reason for adoption of the rules continues to exist. Therefore, the Commission readopts Chapters 132, 150 and 169. If the Commission determines that any of these rules should be revised or repealed, the repeal or revisions of the rules will be accomplished in accordance with the Administrative Procedure Act.

TRD-200004434

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: June 26, 2000