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 Chapter 34, concerning Veterinary
Biologics, in accordance with the General Appropriations Act, Article IX, §167,
75th Legislature, 1997. The rules to be reviewed are found in Chapter 34,
which is located in Title 4, Part 2, of the Texas Administrative Code and
contain the following sections: §34.1. Definitions and §34.2. General
Requirements.
The commission finds reason for the rules to continue to exist but will
consider comments related to whether reasons for readoption 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
after reviewing the rules and considering the comments received in response
to this notice will then appear in the "Proposed Rules" section of the
TRD-200003593
Gene Snelson
General Counsel
Texas Animal Health Commission
Filed: May 22, 2000
Title 19, Part 1
The Texas Higher Education Coordinating Board proposes to readopt Chapter
8, Creation, Expansion, Dissolution, or Conservatorship of Public Community/Junior
College Districts and Technical Colleges, in accordance with §2001.039
Texas Government Code.
The agency's reason for adopting the rules contained in this chapter continues
to exist.
Comments on the proposed readoption may be submitted to Don W. Brown, Commissioner
of Higher Education, P.O. Box 12788, Austin, Texas 78711.
TRD-200003467
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Filed: May 18, 2000
The Texas Higher Education Coordinating Board proposes to readopt Chapter
10, Institutional Effectiveness in Public Community/Junior College Districts
and Technical Colleges, in accordance with §2001.039 Texas Government
Code.
The agency's reason for adopting the rules contained in this chapter continues
to exist.
Comments on the proposed readoption may be submitted to Don W. Brown, Commissioner
of Higher Education, P.O. Box 12788, Austin, Texas 78711.
TRD-200003468
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Filed: May 18, 2000
Title 16, Part 4
The Texas Department of Licensing and Regulation (department) files this
notice of intent to review and consider for re-adoption, revision, or repeal,
Title 16, Texas Administrative Code, Chapter 66, Registration of Property
Tax Consultants. This review and consideration is being conducted in accordance
with the General Appropriations Act, House Bill 1, Article IX, §167,
75th Legislature.
An assessment will be made by the department as to whether the reasons
for adopting or readopting these rules continue to exist. Each rule will be
reviewed to determine whether it is obsolete, whether the rule reflects current
legal and policy considerations, and whether the rule reflects current procedures
of the department.
As required by §167, any questions or written comments pertaining
to this rule review may be submitted to Theda Lambert, General Counsel/Director,
Legal Services, P.O. Box 12157, Austin, Texas 78711, facsimile - (512) 475-2872,
or by e-mail: theda.lambert@license.state.tx.us. The deadline for comments
is thirty days after publication in the
Texas Register.
Any proposed changes to these rules as a result of the rule review will
be published in the Proposed Rule Section of the
Texas Register.
The proposed rules will be open for public comment
prior to final adoption or repeal by the department, in accordance with the
requirements of the Administrative Procedure Act, Texas Government Code Annotated,
Chapter 2001.
16 TAC §66.1. Authority
16 TAC §66.10. Definitions
16 TAC §66.20. Registration Requirements - General
16 TAC §66.21. Registration Requirements
16 TAC §66.22. Continuing Education
16 TAC §66.23. Registration - Waiver of Requirements
16 TAC §66.24. License Requirements - Examinations
16 TAC §66.60. Responsibilities of Department - Investigations
16 TAC §66.61. Responsibilities of Department - Examinations
16 TAC §66.62. Responsibilities of the Department - Recognizing Private
Providers
16 TAC §66.63. Responsibilities of the Department - Recognizing Courses
and Programs
16 TAC §66.64. Responsibilities of Department - Enforcement
16 TAC §66.65. Advisory Council
16 TAC §66.70. Responsibilities of Registrant - General
16 TAC §66.71. Responsibilities of Registrant - Records
16 TAC §66.72. Responsibilities of Registrant - Recognized Private
Provider
16 TAC §66.80. Fees - Original Registration
16 TAC §66.81. Fees - Renewal
16 TAC §66.82. Fees - Duplicate Registration
16 TAC §66.83. Fees - Examination
16 TAC §66.84. Fees - Registration Upgrade
16 TAC §66.85. Recognized Private Provider Fee
16 TAC §66.90. Sanctions - Administrative Sanctions/Penalties
16 TAC §66.91. Sanctions - Revocation, Suspension, or Denial Because
of a Criminal Conviction
TRD-200003463
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: May 18, 2000
The Texas Department of Licensing and Regulation (department) files this
notice of intent to review and consider for re-adoption, revision, or repeal,
Title 16, Texas Administrative Code, Chapter 67, Regulation of Auctioneers.
This review and consideration is being conducted in accordance with the General
Appropriations Act, House Bill 1, Article IX, §167, 75th Legislature.
An assessment will be made by the department as to whether the reasons
for adopting or readopting these rules continue to exist. Each rule will be
reviewed to determine whether it is obsolete, whether the rule reflects current
legal and policy considerations, and whether the rule reflects current procedures
of the department.
As required by §167, any questions or written comments pertaining
to this rule review may be submitted to Theda Lambert, General Counsel/Director,
Legal Services, P.O. Box 12157, Austin, Texas 78711, facsimile - (512) 475-2872,
or by e-mail: theda.lambert@license.state.tx.us. The deadline for comments
is thirty days after publication in the
Texas Register.
Any proposed changes to these rules as a result of the rule review will
be published in the Proposed Rule Section of the
Texas Register.
The proposed rules will be open for public comment
prior to final adoption or repeal by the department, in accordance with the
requirements of the Administrative Procedure Act, Texas Government Code Annotated,
Chapter 2001.
16 TAC §67.1. Authority
16 TAC §67.10. Definitions
16 TAC §67.20. License Requirements - General
16 TAC §67.21. License Requirements - Associate Auctioneers
16 TAC §67.22. License Requirements - Examinations
16 TAC §67.40. Education and Recovery Fund
16 TAC §67.41. Education and Recovery Fund - Definitions
16 TAC §67.42. Education and Recovery Fund - Claims
16 TAC §67.60. Responsibilities of the Department
16 TAC §67.65. Advisory Board
16 TAC §67.70. Requirements of the License Holder
16 TAC §67.80. Fees - Original License
16 TAC §67.81. Fees - Renewal
16 TAC §67.82. Fees - Duplicate License
16 TAC §67.83. Fees - Examination
16 TAC §67.90. Sanctions - Administrative Sanctions/Penalties
16 TAC §67.94 Sanctions - Revocation, Suspension, or Denial because
of a Criminal Conviction
16 TAC §67.100. Technical Requirements - General
16 TAC §67.101. Technical Requirements - Handling Funds
16 TAC §67.102. Technical Requirements - Record Keeping
TRD-200003464
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: May 18, 2000
Title 30, Part 1
The Texas Natural Resource Conservation Commission (commission) proposes
the review of Chapter 334, Underground and Aboveground Storage Tanks. This
review is in accordance with Texas Government Code, §2001.039, and the
General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999,
which require state agencies to review and consider for readoption each of
their rules every four years.
Chapter 334 generally concerns requirements that are intended to prevent
and detect the contamination of water and other media by releases from storage
tank systems, requirements for remediation of petroleum contaminated sites,
requirements concerning the licensing of individuals and companies that provide
petroleum storage tank-related environmental services, and requirements for
the reimbursement program for expenses associated with corrective action.
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 an assessment that the reason for
the rules continues to exist. The commission has reviewed the rules in Chapter
334 and has provisionally determined that the reasons for adopting those rules
continue to exist. The rules accomplish the goals listed previously to implement
Texas Water Code (TWC), Chapter 26, Subchapter I, Underground Storage Tanks
and Subchapter K, Underground Storage Tank Installers; and to implement requirements
necessary to maintain federal petroleum storage tank program delegation.
The commission concurrently proposes to amend and repeal sections within
Chapter 334 in the Proposed Rules section of this issue of the
Texas Register
. These changes are to implement House Bills (HBs) 2109,
2815, and 2816, 76th Legislature, 1999, and their corresponding changes to
the TWC and, as a result of the commission's review of the rules, to address
the commission's regulatory reform goal to improve the rules. The specific
changes are noted in the proposed rule preamble.
Comments may be submitted to Angela Slupe, Office of Environmental Policy,
Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239-4808. Comments must be received by 5:00 p.m., August
1, 2000, and should reference Rule Log Number 1999-038-334-WS. For further
information, please contact Jackie Hardee at (512) 239-2151.
TRD-200003502
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: May 19, 2000
Title 28, Part 2
The Texas Workers' Compensation Commission files this notice of intention
to review the rules contained in Chapter 110, concerning Required Notice of
Coverage -- General Provisions and Chapter 142, concerning Dispute Resolution
-- Benefit Contested Case Hearing. 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 Chapter 110 and Chapter 142.
Comments regarding whether the reason for adopting these rules continues
to exist must be received by 5:00 p.m. on June 26, 2000 and submitted to Sue
Cutler, Office of General Counsel, Mailstop #4-D, Texas Workers' Compensation
Commission, Southfield Building, 4000 South IH 35, Austin, Texas 78704-7491.
Chapter 110 Required Notice of Coverage -- General Provisions
§110.1 Requirements for Notifying the commission of Insurance Coverage
§110.101 Covered and non-Covered Employer Notices to Employees
§110.108 Employer Notice Regarding Work-Related Exposure to Communicable
Disease/HIV; Posting Requirements; Payment for Tests
§110.110 Reporting Requirements for Building or Construction Projects
for Governmental Entities
Chapter 142 Dispute Resolution -- Benefit Contested Case Hearing
§142.1 Application of the Administrative Procedure and Texas Register
Act
§142.2 Authority and Duties of the Hearing Officer
§142.3 Ex Parte Communications
§142.4 Delivery of Copies to All Parties
§142.5 Sequence of Proceedings to Resolve Benefit Disputes
§142.6 Setting a Benefit Contested Case Hearing
§142.7 Statement of Disputes
§142.8 Summary Procedures
§142.9 Stipulations, Agreements, and Settlements
§142.10 Continuance
§142.11 Failure to Attend a Benefit Contested Case Hearing
§142.12 Subpoena
§142.13 Discovery
§142.14 Permission to Use Court Reporter
§142.16 Decision
§142.17 Transcript or Duplicate of the Hearing Audiotape
§142.18 Special Provisions for Cases on Remand from the Appeals Panel
§142.19 Form Interrogatories
TRD-200003483
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: May 18, 2000
Texas Animal Health Commission
Title 4, Part 2
The Texas Animal Health Commission (commission) has completed the review
of Chapter 35, Subchapters A, B, C and D concerning Brucellosis, in accordance
with the General Appropriations Act, Article IX, §167, 75th Legislature,
1997. The rules that were reviewed are found in Chapter 35, Subchapter A,
B, C and D which is located in Title 4, Part 2, 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 proposed notice of review was published in the April 14, 2000, issue
of the
Texas Register
(25 TexReg 3309).
The commission finds reason for the rules to continue to exist but considered
comments related to whether reasons for readoption of these rules continue
to exist, whether amendments or changes are needed, or whether repeal of the
chapter is appropriate. The commission received a total of four comment letters.
Three were specifically focused on Subchapter D related to Eradication of
Brucellosis in Cervidae and the remaining comment letter was specifically
related to Subchapter B, Eradication of Brucellosis in Swine. All four commentators
were supportive of the need for these rules, but raised specific interpretive
issues related to the existing rules.
The first was from Dr. Raleigh Buckmaster, a member of the Animal Health
Committee for the North American Deer Farmers Association. His comment was
in regard to the definition of a Brucella reactor in which he noted that the
definition states that a Brucellosis reactor is "(a)n animal diagnosed with
Brucella based on laboratory results, clinical signs, and/or epidemiologic
investigation." He felt that reactor status should be determined in connection
with a laboratory test.
The second letter was from Mr. Scott Petty, Jr. who supported the comments
of Dr. Buckmaster and stated reactor classification should be based upon laboratory
results in determining disease status. He suggests that the language be rewritten
to state the following: "(b)rucellosis reactor - an animal diagnosed with
Brucella, based upon laboratory results"; and "Brucellosis suspect - an animal
for which laboratory results are inconclusive, but suggest that Brucella infection,
or an animal which shows clinical signs and/or the epidemiological investigation
indicates the possibility of Brucella infection."
The third was Ms. Barbara Fox, Executive Director of the North American
Deer Farmers Association, who supported both the letters and recommendations
of Dr. Buckmaster and Mr. Petty. She also went on to state that she would
define a cervidae herd as being "a herd that contains one or more animals
of any species defined in 35.80 (9)."
The TAHC definition for a Brucella reactor is written word-for-word from
the Brucellosis in Cervidae: UM&R (1998). This document was drafted, reviewed,
and revised, with oversight of the USAHA, for a period of five years before
final approval and publication. The agency interpretation of the intent of
the definition for a Reactor is that lab results alone, (which include serology
and bacteriology) should not be the only criteria for establishing a diagnosis.
Additional consideration should be given to clinical signs and epidemiologic
factors which support the diagnosis. In situations where bacteriology results
in the isolation of Brucella, the diagnosis is confirmed without the additional
considerations.
However, in situations where serology indicates infection but culture results
are inconclusive, it becomes imperative that clinical signs and epidemiologic
factors be considered before arriving at a diagnosis. Our tuberculosis diagnosis
is performed in this manner and this type of assessment concurs with the positions
of the commentators and, therefore, the commission does not believe that the
definition needs to be changed but does appreciate the comments greatly.
In response to Ms. Fox's comment on being more specific in our definition
that a cervidae herd is made up of the various cervidae species as defined
under the definition for cervidae. We believe that definition already contemplates
that type of analysis, but we will consider adding such clarification during
the next rule change to that subchapter.
The commission received one comment letter, from Mr. Joe Behrens on Subchapter
B, related to the Eradication of Brucellosis in Swine, which asked several
questions or issues. The first comment is in regards to the need for stronger
inspection and enforcement for swine coming into Texas. The commission agrees
with the need for a strong inspection presence and a firm enforcement posture
and is working to change that perception of the program.
Many areas of the state have a disastrous situation with wild (feral) hogs
and ranchers and farmers are not very interested in helping the hog farmer.
The commission appreciates the comment as the management of feral swine has
become a large issue for the state. The commission recently sponsored and
participated in a Feral Swine workshop focused on grappling with that issue
and trying to assess potential solutions. The commission believes that the
commentator will see a change in his perceptions as everyone becomes more
aware of the problem and understands their role in addressing the problem.
Mr. Behrens states that there is a lot of semen coming in from non-tested
herds. The commission has concerns of such activity but have not documented
this problem. The commission has a rule in place, §35.49, which states
that swine semen must be from a validated brucellosis free swine herd. The
commission will look to address this concern through the use of their Legal
and Compliance Division to assess the concern and to take steps to address
the violations.
The commission readopts these sections pursuant to the requirements of
the General Appropriations Act, Article IX, §167, 75th Legislature, 1997
and finds reasons for adopting these rules continue to exist.
This concludes the review of Chapter 35. Brucellosis.
TRD-200003596
Gene Snelson
General Counsel
Texas Animal Health Commission
Filed: May 22, 2000
Title 19, Part 2
The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 129,
Student Attendance, pursuant to the Texas Government Code, §2001.039.
The TEA proposed the review of 19 TAC Chapter 129 in the November 19, 1999,
issue of the
Texas Register
(24 TexReg 10378).
The TEA finds that the reason for adopting continues to exist. The TEA
received no comments related to the rule review requirement as to whether
the reason for adopting the rule continues to exist. The TEA is proposing
an amendment to 19 TAC §129.21, which may be found in the Proposed Rules
section of this issue. This concludes the review of 19 TAC Chapter 129.
TRD-200003452
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Filed: May 18, 2000
Title 19, Part 1
The Texas Higher Education Coordinating Board adopts without changes, Chapter
9, Program Development in Public Community/Junior College Districts and Technical
Colleges, in accordance with §2001.039 Texas Government Code.
No comments were received regarding the adoption of this chapter.
TRD-200003466
James McWhorter
Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Filed: May 18, 2000
Title 30, Part 1
The Texas Natural Resource Conservation Commission (commission) approves
the review of 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds
and readopts Chapter 117. This review and readoption are in accordance with
Texas Government Code, §2001.039, and the General Appropriations Act,
Article IX, §9 - 10.13, 76th Legislature, 1999, which require state agencies
to review and consider for readoption each of their rules every four years.
Chapter 117 regulates the emission of nitrogen oxides (NO
x
) from utility electric generation, commercial, institutional, and
industrial sources, adipic acid manufacturing, and nitric acid manufacturing.
The Texas Government Code, §2001.039, and the General Appropriations
Act, Article IX, §9 - 10.13, 76th Legislature, 1999, require state agencies
to review and consider for readoption rules adopted under the Administrative
Procedures Act. At a minimum, the rules review must include an assessment
that the reason for the rules continues to exist. The commission has reviewed
the rules in Chapter 117 and determined that a need for these rules continues
to exist. NO
x
emissions are major contributors
to the formation of ozone, and the rules contained in Chapter 117 are principal
components of the commission's state implementation plan to attain the national
ambient air quality standard (NAAQS) for ozone. Texas currently has four areas
that do not meet the NAAQS for ozone: Dallas/Fort Worth, El Paso, Houston,
and Beaumont. Additionally, five other areas, Austin, San Antonio, Tyler-Longview,
Victoria, and Corpus Christi, are classified as near nonattainment. The control
of NO
x
will be an integral part of the ozone
control strategy of the state.
No comments were received on the proposed review during the public comment
period which closed on March 27, 2000.
TRD-200003503
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: May 19, 2000
Title 31, Part 10
Chapter 370. Colonia Plumbing Loan Program
Pursuant to the notice of proposed rule review published in the March 24,
2000, issue of the
Texas Register
, 25 TexReg
2665, the Texas Water Development Board (board) has reviewed and considered
for readoption, revision or repeal 31 TAC, Part 10, Chapter 370, Colonia Plumbing
Loan Program in accordance with the Texas Government Code, §2001.039.
The board considered, among other things, whether the reasons for adoption
of these rules continues to exist. No comments were received on the proposed
rule review.
As a result of the review, the board determined that the rules are still
necessary and readopts the sections because they govern the board's program
for loans to residents of colonias for plumbing improvements in federally
designated counties. The board concurrently adopts the repeal of 31 TAC §370.43
and §370.61 and amendments to 31 TAC §§370.2, 370.27, 370.31,
and 370.41. This completes our review of Chapter 370.
TRD-200003469
Suzanne Schwartz
General Counsel
Texas Water Development Board
Filed: May 18, 2000
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 February
18, 2000 issue of the
Texas Register
, 25 TexReg
1402, 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 125 Education and Training of Ombudsmen
§125.1 Definitions
§125.2 Ombudsman Training Program/Continuing Education
§125.3 Private Meetings with Unrepresented Claimants
Chapter 165 Rejected Risk: Injury Prevention Services
§165.1 Identification and Notification of Certain Policyholder Insured
by the Texas Workers' Compensation Insurance Fund Acting as the Insurer
of Last Resort
§165.2 Safety Consultation
§165.3 Formulation and Components of Accident Prevention Plan
§165.4 Request for Safety Consultation From the Division
§165.5 Reimbursement of Division for Services Provided to Rejected
Risk Employers
§165.6 Follow-up Inspection of the Policyholder's Premises by the
Division
§165.7 Report of Follow-up Inspection
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 125 and 165. 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-200003482
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: May 18, 2000
Texas Higher Education Coordinating Board
Texas Department of Licensing and Regulation
Texas Natural Resource Conservation Commission
Texas Workers' Compensation Commission
Adopted Rule Reviews
Texas Education Agency
Texas Higher Education Coordinating Board
Texas Natural Resource Conservation Commission
Texas Water Development Board
Texas Workers' Compensation Commission