Agency Rule Review Plan
Texas Education Agency (Revised Agency Rule Review Plan)
Title 19, Part 2
Filed: June 13, 2000
Title 40, Part 12
Filed: June 8, 2000
Texas Department of Agriculture
Title 4, Part 1
The Texas Department of Agriculture (the department) proposes to review
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). 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 proposes amendments to Title
4, Part 1,§§20.1 and 20.22, new §20.23, and the repeal of §§20.4.
These may be found in the proposed rule section of this publication of the
The department is accepting comment on the review of Chapter 20. Comments
on the review may be submitted within 30 days following the publication of
this notice in the
Texas Register
to Ed Gage,
Coordinator for Pest Management, Texas Department of Agriculture, P.O. Box
12847, Austin, Texas, 78711.
TRD-200004068
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: June 9, 2000
Title 1, Part 10
The Department of Information Resources (DIR) files this notice of intention
to review and consider for readoption, revision, or repeal, Title 1, Texas
Administrative Code, Chapter 201, Section 201.13, subsection (c), " Use of
TEX-AN Network", and subsection (d), "Standards for Data Transport Networks
for Computers." This review and consideration is being conducted in accordance
with the General Appropriations Act, House Bill 1, 76th Legislature, Article
IX, Section 9-10.13. The review will include, at a minimum, as assessment
by DIR as to whether the reasons for adopting or readopting these rules continue
to exist.
Any questions or written comments pertaining to this rule review may be
submitted to C.J. Brandt, Jr., General Counsel, P.O. Box 13564, Austin, Texas
78711, via facsimile at (512) 475-4759, or via e-mail at cj.brandt@dir.state.tx.us.
The deadline for comments is thirty (30) days after publication in the
1 TAC §201.13, subsection (c) Use of TEX-AN Network and subsection
(d), Standards for Data Transport Networks for Computers.
TRD-200004139
C.J. Brandt, Jr.
General Counsel
Department of Information Resources
Filed: June 13, 2000
Title 22, Part 9
The Texas State Board of Medical Examiners proposes to review Chapter 183
(§§183.1-183.23), concerning Acupuncture, to be in compliance with
Senate Bill 1233.
The Texas State Board of Medical Examiners is contemporaneously proposing
amendments to §§183.1-183.5, repeal of §§183.6-183.23
and new §§183.6-183.21 elsewhere in this issue of the
Texas Register
.
Comments on the proposed review may be submitted to Pat Wood, P.O. Box
2018, MC-901, Austin, Texas 78768-2018.
§183.1. Purpose.
§183.2. Definitions
§183.3. Meetings
§183.4. Licensure
§183.5. Annual Renewal of License
§183.6. Schedule of Fees
§183.7. Denial of License; Discipline of Licensee
§183.8. Investigations
§183.9. Procedure--General
§183.10. Procedure--Prehearing
§183.11. Procedure--Hearing
§183.12. Procedure--Posthearing
§183.13. Patient Records
§183.14. Complaint Procedure Notification
§183.15. Medical Board Review and Approval
§183.16. Construction
§183.17. Acudetox Specialist
§183.18. Automatic Licensure
§183.19. Use of Professional Titles
§183.20. Texas Acupuncture Schools
§183.21. Acupuncture Advertising
§183.22. Continuing Acupuncture Education
§183.23. Continuing Auricular Acupuncture Education for Acudetox Specialists
TRD-200004108
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Filed: June 12, 2000
The Texas State Board of Medical Examiners proposes to review Chapter 185
(§§185.1-185.29), concerning Physician Assistants, to be in compliance
with Senate Bill 1233.
The Texas State Board of Medical Examiners is contemporaneously proposing
amendments to §§185.2, 185.4-185.7, 185.14, 185.16, 185.17, repeal
of §§185.18-185.29 and new §§185.18-185.28 elsewhere in
this issue of the
Texas Register
.
Comments on the proposed review may be submitted to Pat Wood, P.O. Box
2018, MC-901, Austin, Texas 78768-2018.
§185.1. Purpose
§185.2. Definitions
§185.3. Meetings
§185.4. Licensure
§185.5. Relicensure
§185.6. Annual Renewal of License
§185.7. Temporary License
§185.8. Schedule of Fees
§185.9. Inactive License
§185.10. Reinstatement of License Following Cancellation for Cause
§185.11. Physician Assistant Scope of Practice
§185.12. Tasks Not Permitted To Be Delegated of a Physician Assistant
§185.13. Identification Requirements
§185.14. Notification of Intent to Practice and Supervise
§185.15. Physician Supervision
§185.16. Supervising Physician
§185.17. Employment Guidelines
§185.18. Exceptions
§185.19. Grounds for Denial of Licensure and for Disciplinary Action
§185.20. Discipline of Physician Assistants
§185.21. Administrative Penalty
§185.22. Complaint Procedure Notification
§185.23. Investigations
§185.24. Procedure--General
§185.25. Procedure--Prehearing
§185.26. Procedure--Hearing
§185.27. Procedure--Posthearing
§185.28. Medical Board Review and Approval
§185.29. Construction
TRD-200004107
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Filed: June 12, 2000
Title 22, Part 28
The Executive Council of Physical Therapy and Occupational Therapy Examiners
files this notice of intention to review the rules as listed below, pursuant
to the General Appropriations Act, House Bill 1, Article IX, §167, passed
by the 75th Legislature (1997), and the revised review plan published in this
issue of the
Texas Register
.
The board's reasons for adopting the rules in these chapters continue to
exist, and it proposes to readopt them all. Any rule amendments determined
to be necessary during the review will be formally proposed at a subsequent
board meeting, and will not be submitted simultaneously with the Notice of
Readoption.
The board encourages comments regarding the readoption of the rules. The
deadline for comments is 30 days after the publication of this notice in the
Any questions or comments regarding whether the reason for adopting these
rules continues to exist must be received at the agency by 5:00 p.m. on July
23, 2000. All questions or comments should be directed to Jennifer J. Jones,
Executive Assistant, 333 Guadalupe, Suite 2-510, Austin, Texas, 78701. Phone:
512/305-6900. E-mail: jennifer.jones@mail.capnet.state.tx.us
Chapter 651, Fees. Sections 651.1, 651.2, 651.3.
TRD-200004057
John Maline
Executive Director
Executive Council of Physical Therapy and Occupational Therapy Examiners
Filed: June 8, 2000
Title 22, Part 18
In accordance with 1997 General Appropriations Act, Article IX, Section
167, Review of Agency Rules, the Texas State Board of Podiatric Medical Examiners
will review the following rules for re-adoption, repeal or amendment beginning
immediately. The rules to be reviewed are located at 22 Tex. Admin. Code Chapter
371. Examination, Chapter 373. Identification of Practice, Chapter 375. Rules
Governing Conduct, Chapter 376. Violations and Penalties and Chapter 377.
Procedure Governing Grievances, Hearings, and Appeals.
The Board will consider comments received in response to this notice at
its next meeting following the publication of this notice. Changes to the
rules proposed by the Board after considering comments received in response
to this notice will appear in the "Rules Proposed" section of the
Texas Register
and will be adopted in accordance with the requirements
of the Administrative Procedure Act, Tex. Gov't Code Ann, Ch. 2001. Comments
must be received no later than August 1, 2000.
Comments of the review may be submitted in writing within 30 days following
the publication of this notice in the
Texas Register
to Janie Alonzo, Staff Services Officer I, Texas State Board of Podiatric
Medical Examiners, 333 Guadalupe, Suite 2-320, Austin, Texas 78701 or e-mail
to janie.alonzo@foot.state.tx.us.
TRD-200004012
Janie Alonzo
Staff Services Officer I
Texas State Board of Podiatric Medical Examiners
Filed: June 7, 2000
Title 22, Part 19
The Polygraph Examiners Board proposes to review the following sections
from Chapter 391, concerning Polygraph Examiner Internship, pursuant to the
Appropriations Act of 1997, HB 1, Article IX, Section 167:
§391.1. Authority
§391.2. Procedure and Qualifications
§391.3. Internship Training Schedule
§391.4. State Examinations for Polygraph Examiner License
§391.5. Intern Supervision
§391.6. Intern Sponsor Reporting
§391.7. Appearance Before the Board
§391.8. Applicant With Out-of-State License
§391.9. Intern Licensure Requirements for Preceptor Trainees
The agency finds that the need for the rules contained in this chapter
continues to exist.
Comments on the review of these proposed rules may be submitted to: Frank
DiTucci, Executive Officer, Polygraph Examiners Board, P.O. Box 4087, Austin,
Texas 78773-0001.
TRD-200004054
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Filed: June 8, 2000
The Polygraph Examiners Board proposes to review the following sections
from Chapter 401, concerning Grievance Review of Disciplinary Action, pursuant
to the Appropriations Act of 1997, HB 1, Article IX, Section 167:
§401.1. Grievance Policy.
The agency finds that the need for the rules contained in this chapter
continues to exist.
Comments on the review of these proposed rules may be submitted to: Frank
DiTucci, Executive Officer, Polygraph Examiners Board, P.O. Box 4087, Austin,
Texas 78773-0001.
TRD-200004053
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Filed: June 8, 2000
Texas Motor Vehicle Board
Title 16, Part 6
The Texas Motor Vehicle Board of the Texas Department of Transportation
readopts 16 TAC Chapter 105, Advertising Rules, relating to the guidelines
for regulation of advertising by motor vehicle dealers, manufacturers, distributors
and converters, pursuant to the Board's Rule Review Plan required by and adopted
under the Appropriations Act of 1997, House Bill 1, Article IX, § 167.
Notice of the proposed review was published in the March 3, 2000 issue of
the
Texas Register
(25 TexReg 1883). The Board
finds that the reasons for adopting Chapter 105, Advertising Rules, continue
to exist.
No comments were received related to the rule review requirement as to
whether the reason for adopting the rules continue to exist. As a result of
the review process, the Board will propose amendments to chapter 105 and new §
105.18. The proposals will be published in 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-200004063
Brett Bray
Director
Texas Motor Vehicle Board
Filed: June 9, 2000
Title 37, Part 1
The Texas Department of Public Safety (DPS) has completed the review of
Chapter 18 - Driver Education. Pursuant to the requirements of §167 of
the Appropriations Act, the DPS readopts the following: §§18.2-18.4,
and §18.33.
The proposed review was published in the March 17, 2000, issue of the
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 March 17, 2000, issue of the
Texas Register
(25 TexReg 2305). Amendments to Chapter 18 included §§18.1,
18.21-18.24, 18.31, and 18.32.
The DPS received no comments on the proposed amendments. The DPS finds
that the reason for adopting these rules continues to exist.
TRD-200004073
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Filed: June 9, 2000
Texas Board of Occupational Therapy Examiners
Proposed Rule Reviews
Department of Information Resources
Texas State Board of Medical Examiners
Executive Council of Physical Therapy and Occupational Therapy Examiners
Texas State Board of Podiatric Medical Examiners
Polygraph Examiners Board
Adopted Rule Reviews
Texas Department of Public Safety