Agency Rule Review Plan
Texas Water Development Board
Title 31, Part 10
Filed: June 20, 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 12, concerning Weights
and Measures, Chapter 19, concerning Quarantines, 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). 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 has recently adopted amendments to §19.62 and the repeal
of §§12.2, 19.8 and 22.6. These adoptions may be found in this publication
of this issue of the
Texas Register
. The assessment
of Title 4, Part 1, Chapters 12, 19 and 22, by the department at this time
indicates that the reason for adopting or readopting without changes all sections
in Chapters 12, 19 and 22, including the recent amendments to Chapter 19,
continues to exist.
The department is accepting comment on the review of Chapters 12, 19 and
22. Comments on the review may be submitted within 30 days following the publication
of this notice in the
Texas Register
to David
Kostroun, Assistant Commissioner for Regulatory Programs, Texas Department
of Agriculture, P.O. Box 12847, Austin, Texas, 78711.
TRD-200004301
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: June 19, 2000
Title 4, Part 7
The Board of Directors of the Agriculture Resources Protection Authority
(ARPA Board) proposes to review Title 4, Texas Administrative Code, Part 7,
Chapter 101, concerning General Rules and Chapter 105, concerning Chlordane
Regulations, pursuant to the Texas Government Code, §2001.039 and the
General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999
(§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 ARPA Board proposes amendments to Title
4, Part 7, §101.20 and §105.12. These may be found in the proposed
rule section of this publication of the
Texas Register
. The assessment of Title 4, Part 7, Chapters 101 and 105, by the ARPA
Board at this time indicates that with the exception of sections proposed
for amendment, the reason for adopting or readopting without changes all remaining
sections in Chapters 101 and 105 continues to exist.
The ARPA Board is accepting comment on the review of Chapters 101 and 105.
Comments on the review may be submitted within 30 days following the publication
of this notice in the
Texas Register
to Donnie
Dippel, Assistant Commissioner for Pesticide Programs, Texas Department of
Agriculture, P.O. Box 12847, Austin, Texas, 78711.
TRD-200004293
Dolores Alvarado Hibbs
Deputy General Counsel, Texas Department of Agriculture
Texas Agriculture Resources Protection Authority
Filed: June 19, 2000
Title 10, Part 5
The Texas Department of Economic Development (department) files this notice
of intention to review Chapter 192, Open Records Charges pursuant to the Appropriations
Act of 1997, House Bill 1, Article IX, §167.
As part of this review process the department is proposing the repeal of §§192.1-192.7
and the readoption of new rules. The proposed rules may be found in the Proposed
Rules section of this issue of the
Texas Register
. As required by §167, the department will accept comments regarding
whether the reason for adopting the rules continues to exist in the comments
filed in the Proposed Rules section. The comment period will last for 30 days
beginning with the publication of this notice of intention to review.
Written comments on this proposed review may be hand-delivered to DeAnn
Luper, Legal Assistant, Texas Department of Economic Development, 1700 North
Congress, Suite 130, Austin, Texas, 78701, mailed to P.O. Box 12728, Austin,
Texas, 78711-2728, or faxed to (512) 936-0415, within 30 days of publication.
§192.1. General Provisions.
§192.2. Charges for Providing Copies of Public Information.
§192.3. Access to Information Where Copies Are Not Required.
§192.4. Format for Copies of Public Information.
§192.5. Estimates and Waivers of Public Information Charges.
§192.6. Requests for Public Records.
§192.7. Charge Schedule.
TRD-200004234
Tracye McDaniel
Deputy Executive Director
Texas Department of Economic Development
Filed: June 16, 2000
Title 40, Part 1
The Texas Department of Human Services files this notice of intention to
review Title 40 TAC, Chapter 72 (relating to Memoranda of Understanding with
Other State Agencies) and Chapter 73 (relating to Civil Rights) pursuant to
Texas Government Code §2001.039.
As required by §2001.039, the Department will accept comments regarding
whether the reason for adopting each of the rules in 40 TAC, Chapters 72 and
73 continues to exist. The deadline for the comments is 30 days after this
publication in the
Texas Register
.
Any questions or written comments pertaining to this notice of intention
to review Chapter 72 should be directed to Jackie Johnson, Office of Programs,
Texas Department of Human Services W-515, P.O. Box 149030, Austin, Texas 78714-9030,
or at (512) 438-4970.
Any questions or written comments pertaining to this notice of intention
to review Chapter 73 should be directed to Bob Compton, Civil Rights Office,
at (512) 438-3628, Texas Department of Human Services W-206, P.O. Box 149030,
Austin, Texas 78714-9030.
TRD-200004237
Paul Leche
General Counsel
Texas Department of Human Services
Filed: June 16, 2000
Department of Information Resources
Title 1, Part 10
The Department of Information Resources readopts without change the provisions
of 1 T.A.C. §201.11 concerning Procedures for Adoption of Information
Resources Standards and Policies. The readoption is pursuant to the General
Appropriations Act of 1999, HB 1, 76th Legislature Article IX, Section 9-10.13,
"Review of Agency Rules." The notice of intention to review §201.7 was
published in the March 24, 2000, issue of the
Texas
Register
(25 TexReg 2663). The Department has determined that the reason
for the initial adoption of this rule continues to exist. No comments were
received concerning readoption of this section.
TRD-200004229
C. J. Brandt, Jr.
General Counsel
Department of Information Resources
Filed: June 16, 2000
Title 30, Part 1
The Texas Natural Resource Conservation Commission (commission) adopts
the review of Chapter 294, Underground Water Management Areas. The proposed
notice of intent to review was published in the April 7, 2000, issue of the
The commission readopts the rules contained in Chapter 294, Underground
Water Management Areas, as required by Texas Government Code, §2001.039,
and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature,
1999, which requires state agencies to review and consider for readoption
each of their rules every four years. The commission has determined that the
reason for adopting these rules continues to exist. The procedures and powers
provided to the commission relating to the designation of groundwater management
areas and priority groundwater management areas are contained in Texas Water
Code (TWC), Chapter 35, Groundwater Studies. These rules are necessary to
implement the provisions of Chapter 35 and to provide further explanation
of the procedures relating to designating these areas.
Chapter 294 contains the designations and the procedures for designation
of groundwater management areas and priority groundwater management areas.
Subchapters A and B designate groundwater management areas for the Carrizo-Wilcox
and the Antlers Sand Aquifers. Subchapters C and E contain the procedures
for the designation of a groundwater management area and for the designation
of a priority groundwater management area, respectively. Subchapter D contains
the designations for the following priority groundwater management areas:
Briscoe, Hale and Swisher Counties; Dallam County; Hill Country; and Reagan,
Upton, and Midland Counties.
The commission's review of Chapter 294 has also revealed that the readability
of Subchapters C and E could be improved by reordering the sequence of some
of the subsections. The usability of these subchapters could by improved by
defining the role of the Texas Department of Agriculture as provided by changes
to TWC, §§35.007, 35.012, and 35.013 that were added by House Bill
2660, 76th Legislature, 1999; and the title of Chapter 294 should be revised
from "Underground Water Management Areas" to "Groundwater Management Areas"
to reflect changes to TWC, Chapter 35. The commission will consider these
changes during a formal rulemaking proposal after the close of this review.
The comment period closed May 8, 2000. No comments were received on the
proposal.
TRD-200004249
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: June 19, 2000
Title 22, Part 24
Pursuant to the Texas Government Code, §2001.039, and the review plan
previously filed by the agency, the Texas State Board of Veterinary Medical
Examiners adopts the review of all rules in Chapter 575 of Title 22, Texas
Administrative Code, pertaining to Practice and Procedure. The proposed review
appeared in the March 10, 2000 issue of the
Texas
Register
(25 TexReg 2166). The agency's review of Chapter 575 covered
the following rules:
Practice and Procedure
§575.1. Definitions
§575.2. Filing of Documents
§575.3. Computation of Time
§575.4. Agreements to be in Writing
§575.5. Conduct and Decorum
§575.6. Appearances Personally or by Representative
§575.7. Motions
§575.8. Amendments
§575.9. Docketing and Number of Causes, and Service
§575.10. Motions for Postponement, Continuance, Withdrawal or Dismissal
of Complaints or Other Matters Before the Board
§575.11. Place and Nature of Hearings
§575.12. Presiding Officer, Oaths, Imposing the Rule
§575.13. Reporters and Transcript
§575.14. Rules of Evidence
§575.15. Documentary Evidence and Official Notice
§575.16. Limitations on Number of Witnesses
§575.17. Depositions
§575.18. Administrative Finality
§575.19. Motions for Rehearing
§575.20. Subpoena Fees and Expenses of Witnesses
§575.21. Administrative Penalties
§575.22. Reinstatement of Veterinary Licenses
§575.25. Recommended Schedule of Sanctions
§575.26. Complaint Form
§575.27. Complaints - Receipt, Investigation, and Disposition
§575.28. Entry of Appearances; Continuances
§575.29. Failure to Attend Hearing; Default Judgment
§575.30. Criminal Convictions
The Texas Board of Veterinary Medical Examiners finds that the reasons
for adopting the rules still exist. As part of this review process, no changes
are proposed to the rules. The Board received no comments related to the readoption
of this Chapter.
TRD-200004191
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Filed: June 14, 2000
Pursuant to the Texas Government Code, §2001.039, and the review plan
previously filed by the agency, the Texas State Board of Veterinary Medical
Examiners adopts the review of all rules in Chapter 577 of Title 22, Texas
Administrative Code, pertaining to General Administration and Duties. The
proposed review appeared in the March 10, 2000 issue of the
Texas Register
(25 TexReg 2166). Separately, the agency is adopting
amendments to Rules 22 TAC Section 577.15 which was published in the Proposed
Rules section of the March 10, 2000 issue of the Texas Register. The agency's
review of Chapter 577 covered the following rules:
Board Members and Meetings - Duties
§577.1. Officers
§577.2. Meetings
§577.3. Compensation
Staff and Miscellaneous
§577.11. Appointments and Fund Disbursements
§577.12. Professional Directory
§577.13. Inspection of Public Records Under Open Records Act
§577.15. Fee Schedule
§577.16. Responsibilities of Board and Staff
The Texas Board of Veterinary Medical Examiners finds that the reasons
for adopting the rules still exist. As part of this review process, no changes
are proposed to the rules. The Board received no comments related to the readoption
of this Chapter.
TRD-200004186
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Filed: June 14, 2000
Proposed Rule Reviews
Texas Agriculture Resources Protection Authority
Texas Department of Economic Development
Texas Department of Human Services
Adopted Rule Reviews
Texas Natural Resource Conservation Commission
Texas Board of Veterinary Medical Examiners