TITLE rule-review

Proposed Rule Reviews

General Services Commission

Title 1, Part 5

The General Services Commission (the "Commission") proposes to review Title 1, Texas Administrative Code, Part 5, Chapter 117, Subchapter C, §117.51 (relating to the Central Supply Store Program) pursuant to the Texas Government Code, §2001.039 (relating to Agency Review of Existing Rules).

As a part of the rule review process, the General Services Commission proposes amendments to §117.51 that may be found in the proposed rule section of this publication of the Texas Register .

The assessment by the Commission at this time indicates that the reason for adopting or readopting these rules continues to exist.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Ann Dillon, General Counsel, General Services Commission, P.O. Box 13047, Austin, Texas, 78711-3047.

TRD-200001233

Ann Dillon

General Counsel

General Services Commission

Filed: February 17, 2000


Texas Higher Education Coordinating Board

Title 19, Part 1

The Texas Higher Education Coordinating Board proposes to readopt Chapter 9, Program Development in Public Community/Junior College Districts and Technical Colleges, in accordance with Section 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-200001352

James McWhorter

Assistant Commissioner for Administration

Texas Higher Education Coordinating Board

Filed: February 23, 2000


Texas Motor Vehicle Board

Title 16, Part 6

The Texas Motor Vehicle Board of the Texas Department of Transportation files this notice of intent to review Title 16, Chapter 105, Advertising Rules, relating to the regulation of advertising by motor vehicle dealers, manufacturers, distributors and converters, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

As required by §167, the Board will accept comments regarding whether the reason for adopting each of the rules in 16 TAC Chapter 105 continues to exist. The Board will conduct the rule review at its May 11, 2000, meeting.

Any questions or written comments pertaining to this notice or intention to review should be directed to Brett Bray, Director, Motor Vehicle Division, Texas Department of Transportation, P.O. Box 2293, Austin, Texas 78768-2293 or at (512) 416-4910 by April 20, 2000.

TRD-200001280

Brett Bray

Director, Motor Vehicle Board

Texas Motor Vehicle Board

Filed: February 18, 2000


State Securities Board

Title 7, Part 7

The State Securities Board (Agency), beginning March 2000, will review and consider for readoption, revision, or repeal Chapters 109, Transactions Exempt from Registration; 111, Securities Exempt from Registration; and 139, Exemptions by Rule or Order, in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, and Texas Government Code, Section 2001.039. The rules to be reviewed are located in Title 7, Part VII, of the Texas Administrative Code.

The assessment made by the Agency at this time indicates that the reasons for readopting these chapters continue to exist.

The Agency's Board will consider, among other things, whether the reasons for adoption of these rules continue to exist and whether amendments are needed. Any changes to the rules proposed by the Agency's Board after reviewing the rules and considering the 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, Texas Government Code Annotated, Chapter 2001. The comment period will last for 30 days beginning with the publication of this notice of intention to review.

Comments or questions regarding this notice of intention to review may be submitted in writing, within 30 days following the publication of this notice in the Texas Register , to David Weaver, General Counsel, P.O. Box 13167, Austin, Texas 78711-3167, or sent by facsimile to Mr. Weaver at (512) 305-8310. Comments will be reviewed and discussed in a future Board meeting.

TRD-200001326

Denise Voigt Crawford

Securities Commissioner

State Securities Board

Filed: February 22, 2000


Adopted Rule Reviews

Texas State Board of Public Accountancy

Title 22, Part 22

In accordance with the Appropriations Act of 1997, H.B. I, Article IX, Section 167, the Texas State Board of Public Accountancy adopts the reviews of Chapters 503, 505, 507, 509, 511, 513, 515, 517, 519, 521, 523, 525, 526 and 527 of Title 22 Texas Administrative Code. The Board published its reviews of these chapters in the April 9 and August 13, 1999 issues of the Texas Register, (24 TexReg 2957 and 6219).

The Appropriations Act of 1997 required that every agency review each of its rules to determine at a minimum whether the reason for the adoption of the rule continues to exist. In accordance with the provisions of the Act, the Board developed a list of questions and considerations it used to guide its rule review. These considerations included an analysis of whether each rule is needed for fair administration and just enforcement of the Public Accountancy Act and whether the rule reflects current Board policy and current legal interpretations of the Act.

As a result of conducting its review of these chapters, the Board has proposed and/or adopted amendments to or repeals of approximately 380 rules. Each of these amendments and repeals has been published in the Texas Register in accordance with the Administrative Procedure Act. The Board finds that the reasons for adopting those of its rules for which no amendments or repeals have been proposed in the course of its review continue to exist.

TRD-200001284

William Treacy

Executive Director

Texas State Board of Public Accountancy

Filed: February 18, 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, §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 November 5, 1999 issue of the Texas Register (24 TexReg 9854) 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 112. Scope of Liability For Compensation

§112.101. Agreement Regarding Workers' Compensation Insurance Coverage Between General Contractors and Subcontractors.

§112.102. Agreements Between Motor Carriers and Owner Operators.

§112.200. Definition of "Residential Structures".

§112.201. Agreement to Establish Employer--Employee Relationship for Certain Building and Construction Workers.

§112.202. Joint Agreement to Affirm Independent Relationship for certain Building and Construction Workers.

§112.203. Exception to Application of Agreement to Affirm Independent Relationship for Certain Building and Construction Workers.

§112.301. Labor Agent's Notification of Coverage.

§112.401. Election of Coverage by Certain Professional Athletes.

§112.402. Determination of Equivalent Benefits for Professional Athletes.

Chapter 130. Benefits--Impairment and Supplemental Income Benefits

§130.1. Reports of Medical Evaluation: Maximum Medical Improvement and Permanent Impairment.

§130.2. Certification of Maximum Medical Improvement by the Treating Doctor.

§130.3. Certification of Maximum Medical Improvement by Doctor other than Treating Doctor.

§130.4. Presumption that Maximum Medical Improvement has been Reached and Resolution when MMI has not been Certified.

§130.5. Impairment Rating Disputes.

§130.6. Designated Doctor: General Provisions.

§130.7. Acceleration of Impairment Income Benefits.

§130.8. Initiating Payment of Impairment Income Benefits.

§130.10. Commission Review of Employment Status during the Impairment Income Benefits Period.

§130.100. Applicability.

§130.101. Definitions.

§130.102. Eligibility for Supplemental Income Benefits; Amount.

§130.103. Determination of Entitlement or Non-entitlement for the First Quarter.

§130.104. Determination of Entitlement or Non-entitlement for Subsequent Quarters.

§130.105. Failure to Timely File Application for Supplemental Income Benefits; Subsequent Quarters.

§130.106. Permanent Loss of Entitlement to Supplemental Income Benefits.

§130.107. Payment of Supplemental Income Benefits.

§130.108. Contesting Entitlement or Amount of Supplemental Income Benefits; Attorney Fees.

§130.109. Reinstatement of Entitlement if Discharged with Intent to Deprive of Supplemental Income Benefits.

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 these rules. 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-200001231

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: February 17, 2000