Proposed Rule Reviews
State Finance Commission
Title 7, Part 1
The Finance Commission of Texas, on behalf of the Texas Department of Banking
(department), has completed the review of the following portions of Texas
Administrative Code, Title 7, Chapter 3, comprised of §3.36, regarding
Annual Assessments and Specialty Examination Fees; §3.37, regarding Calculations
of Annual Assessments for Banks; §3.38, regarding Calculation of Annual
Assessment for Foreign Bank Agencies; and all of Subchapter C, regarding Foreign
Bank Agencies, and consisting of §§3.41 - 3.45.
Notice of the review was published in the February 4, 2000, issue of the
The finance commission readopts these sections, pursuant to the requirements
of Government Code, §2001.039, and finds that the reason for adopting
these rules continues to exist. The rules were substantially rewritten and
revised effective January 5, 1996, to be in accordance with the recently enacted
Texas Banking Act.
TRD-200003074
Everette D. Jobe
Certifying Official
State Finance Commission
Filed: May 2, 2000
Title 1, Part 5
The General Services Commission (the "Commission") proposes to complete
the review of Title 1, Texas Administrative Code, Chapter 117 regarding the
Support Services Division pursuant to Texas Government Code, §2001.039
(relating to Agency Review of Existing Rules).
As part of the rule review process, the Commission proposes the review
of Title 1, Texas Administrative Code, Chapter 117, Subchapter A, §117.31
(relating to Mail and Messenger Services), and Subchapter B, §117.41
(relating to Business Machine Repair Services). The proposed rules may be
found in the Proposed Rules section of this publication of the
Texas Register
.
Also as part of the rule review process, the Commission proposed amendments
and a Notice of Intent to Review Subchapter C, §117.51 (relating to the
Central Supply Store) in the March 3, 2000 publication of the
Texas Register
, The proposed amendments may be found at 25 TexReg 1827,
and the proposed Notice of Intent to Review may be found at 25 TexReg 1883.
The Commission did not receive any comments on the proposed rules and the
adoption of §117.51 may be found in the Adopted Rules section of this
publication.
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 of Title 1, TAC, Subchapter A and Subchapter B 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-200003007
Ann Dillon
General Counsel
General Services Commission
Filed: April 27, 2000
The General Services Commission (the "Commission") proposes to review Title
1, Texas Administrative Code, Part 5, Chapter 121, §§121.1 to 121.9,
Telecommunications Services Division pursuant to Texas Government Code, §2001.039
(relating to Agency Review of Existing Rules).
As part of the rule review process, the General Services Commission proposes
amendments to Title 1, T.A.C §§121.1, 121.2, 121.3, 121.5 and 121.6,
and proposes new §§121.4, 121.7 and 121.8. The General Services
Commission also proposes simultaneously the repeal of Title 1, T.A.C., Chapter
121, §§121.4, 121.7, 121.8 and 121.9 in order to delete obsolete
language and the create new and more efficient rules relating to the Texas
Government Code, Chapter 2170 - Telecommunications Services. The proposed
amendments, new rules, and repeal 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
publication of this notice in the
Texas Register
to Ann Dillon, General Counsel, General Services Commission, P.O.
Box 13047, Austin TX 78711-3047.
TRD-200002985
Ann Dillon
General Counsel
General Services Commission
Filed: April 26, 2000
The General Services Commission (the "Commission") proposes a second review
of Title 1, Texas Administrative Code, Part 5, Chapter 125, Subchapter A--Travel
Management Services; Subchapter B--State Vehicle Fleet Management; and Subchapter
C--Texas Alternative Fuels Program in order to complete the rule review process
for Chapter 125.
As a part of this review process, the General Services Commission proposes
amendments Title 1, TAC, Chapter 125, Subchapter A--Travel Management Services, §§125.1-125.29
that may be found in the Proposed Rules section of this publication of the
A prior Notice of Intent to Review Title 1, TAC, Chapter 125, Subchapter
A--Travel Management Services, was adopted and published in the October 8,
1999 publication of the
Texas Register
(24
TexReg 8763).
A prior Notice of Intent to Review Title 1, TAC, Chapter 125, Subchapter
B--State Vehicle Management and Subchapter C--Texas Alternative Fuels Program
was adopted and published in the May 21, 1999 publication of the
Texas Register
(24 TexReg 3871).
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 of Title 1, TAC, Chapter 125 may be submitted in
writing within 30 days following the publication of this notice in the
TRD-200002987
Ann Dillon
General Counsel
General Services Commission
Filed: April 27, 2000
Title 25, Part 1
The Texas Department of Health (department) will review and consider for
readoption, revision or repeal Title 25, Texas Administrative Code, Part I,
Chapter 30, Medicaid Managed Care, Subchapter B. Standards for the State of
Texas Access Reform (STAR), §§30.21 - 30.30, and 30.32.
This review is in accordance with the requirements of the Texas Government
Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13,
76th Legislature, 1999.
An assessment will be made by the department as to whether the reasons
for adopting or readopting these rules continue to exist. This assessment
will be continued during the rule review process. 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. The review of all rules must be completed by August 31,
2003.
Comments on the review may be submitted in writing within 30 days following
the publication of this notice in the
Texas Register
to Linda Wiegman, Office of General Counsel, Texas Department of Health,
1100 West 49th Street, Austin, Texas 78756. Any proposed changes to these
rules as a result of the review will be published in the Proposed Rule Section
of the
Texas Register
and will be open for
an additional 30 day public comment period prior to final adoption or repeal
by the department.
TRD-200003113
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: May 3, 2000
The Texas Department of Health (department) will review and consider for
readoption, revision or repeal Title 25, Texas Administrative Code, Part I,
Chapter 32, Case Management, Subchapter A. Case Management for Children Who
are Blind and Visually Impaired, §§32.101 - 32.105, and 32.107,
and Subchapter D. Early Childhood Intervention, §§32.401 - 32.408.
This review is in accordance with the requirements of the Texas Government
Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13,
76th Legislature, 1999.
An assessment will be made by the department as to whether the reasons
for adopting or readopting these rules continue to exist. This assessment
will be continued during the rule review process. 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. The review of all rules must be completed by August 31,
2003.
Comments on the review may be submitted in writing within 30 days following
the publication of this notice in the
Texas Register
to Linda Wiegman, Office of General Counsel, Texas Department of Health,
1100 West 49th Street, Austin, Texas 78756. Any proposed changes to these
rules as a result of the review will be published in the Proposed Rule Section
of the
Texas Register
and will be open for
an additional 30 day public comment period prior to final adoption or repeal
by the department.
TRD-200003114
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: May 3, 2000
The Texas Department of Health (department) will review and consider for
readoption, revision or repeal Title 25, Texas Administrative Code, Part I,
Chapter 33. Early and Periodic Screening, Diagnosis, and Treatment, Subchapter
A. Penalties, §§33.13 - 33.14; Subchapter B. Recipient Rights, §§33.61
- 33.63, 33.66; Subchapter C. Eligibility, §33.112; Subchapter D. Periodicity, §§33.122
- 33.123, 33.125; Subchapter E. Medical Phase, §§33.131 - 33.135,
33.139; Subchapter G. Dental Services, §§33.301 - 33.318, Subchapter
I. EPSDT Eyeglass Program, §§33.401 - 33.403, 33.405; and Subchapter
K. Private Duty Nursing, §§33.601 - 33.609.
This review is in accordance with the requirements of the Texas Government
Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13,
76th Legislature, 1999.
An assessment will be made by the department as to whether the reasons
for adopting or readopting these rules continue to exist. This assessment
will be continued during the rule review process. 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. The review of all rules must be completed by August 31,
2003.
Comments on the review may be submitted in writing within 30 days following
the publication of this notice in the
Texas Register
to Linda Wiegman, Office of General Counsel, Texas Department of Health,
1100 West 49th Street, Austin, Texas 78756. Any proposed changes to these
rules as a result of the review will be published in the Proposed Rule Section
of the
Texas Register
and will be open for
an additional 30 day public comment period prior to final adoption or repeal
by the department.
TRD-200003112
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: May 3, 2000
The Texas Department of Health (department) will review and consider for
readoption, revision or repeal Title 25, Texas Administrative Code, Part I,
Chapter 135. Ambulatory Surgical Centers, Subchapter A. Operating Requirements
for Ambulatory Surgical Centers, §§135.1 - 135.27; Subchapter B.
Safety Requirements for New and Existing Ambulatory Surgical Centers, §§135.41
- 135.42; and Subchapter C. Physical Plant and Construction Requirements for
New and Existing Ambulatory Surgical Centers, §135.51 - 135.54.
This review is in accordance with the requirements of the Texas Government
Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13,
76th Legislature, 1999.
An assessment will be made by the department as to whether the reasons
for adopting or readopting these rules continue to exist. This assessment
will be continued during the rule review process. 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. The review of all rules must be completed by August 31,
2003.
Comments on the review may be submitted in writing within 30 days following
the publication of this notice in the
Texas Register
to Linda Wiegman, Office of General Counsel Texas Department of Health,
1100 West 49th Street, Austin, Texas 78756. Any proposed change to - these
rules as a result of the review will be published in the Proposed Rule Section
of the Texas Register and will be open for an additional 30 day public comment
period prior to final adoption or repeal by the department.
TRD-200003110
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: May 3, 2000
The Texas Department of Health (department) will review and consider for
readoption, revision or repeal Title 25, Texas Administrative Code, Part I,
Chapter 265. General Sanitation, Subchapter A. Health and Sanitation for Mass
Gatherings, §§265.1 - 265.3; Subchapter C. Migrant Labor Housing
Facilities, §§265.31 - 265.35; Subchapter D. Minimum Acceptable
Operating Standards for Water Systems Serving Camps, §§265.51 -
265.61; and Subchapter E. Minimum Standards of Environmental Health for State
Department of Public Welfare Licensed Therapeutic Camps, §§265.71
- 265.72.
This review is in accordance with the requirements of the Texas Government
Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13,
76th Legislature, 1999.
An assessment will be made by the department as to whether the reasons
for adopting or readopting these rules continue to exist. This assessment
will be continued during the rule review process. 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. The review of all rules must be completed by August 31,
2003.
Comments on the review may be submitted in writing within 30 days following
the publication of this notice in the Texas Register to Linda Wiegman, Office
of General Counsel, Texas Department of Health, 1100 West 49th Street, Austin,
Texas 78756. Any proposed changes to these rules as a result of the review
will be published in the Proposed Rule Section of the Texas Register and will
be open for an additional 30 day public comment period prior to final adoption
or repeal by the department.
TRD-200003116
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: May 3, 2000
The Texas Department of Health (department) will review and consider for
readoption, revision or repeal Title 25, Texas Administrative Code, Part I,
Chapter 289, Radiation Control, Subchapter A. Control of Radiation, §289.3;
and Subchapter C. Texas Regulations for Control of Radiation, §289.130.
This review is in accordance with the requirements of the Texas Government
Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13,
76th Legislature, 1999.
An assessment will be made by the department as to whether the reasons
for adopting or readopting these rules continue to exist. This assessment
will be continued during the rule review process. 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. The review of all rules must be completed by August 31,
2003.
Comments on the review may be submitted in writing within 30 days following
the publication of this notice in the Texas Register to Linda Wiegman, Office
of General Counsel, Texas Department of Health, 1100 West 49th Street, Austin,
Texas 78756. Any proposed changes to these rules as a result of the review
will be published in the Proposed Rule Section of the Texas Register and will
be open for an additional 30 day public comment period prior to final adoption
or repeal by the department.
TRD-200003115
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: May 3, 2000
The Texas Department of Health (department) will review and consider for
readoption, revision or repeal Title 25, Texas Administrative Code, Part I,
Chapter 295. Occupational Health, Subchapter C. Texas Asbestos Health Protection §§295.31
- 295.62, 295.64 - 295.73.
This review is in accordance with the requirements of the Texas Government
Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13,
76th Legislature, 1999.
An assessment will be made by the department as to whether the reasons
for adopting or readopting these rules continue to exist. This assessment
will be continued during the rule review process. 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. The review of all rules must be completed by August 31,
2003.
Comments on the review may be submitted in writing within 30 days following
the publication of this notice in the
Texas Register
to Linda Wiegman, Office of General Counsel, Texas Department of Health,
1100 West 49th Street, Austin, Texas 78756. Any proposed changes to these
rules as a result of the review will be published in the Proposed Rule Section
of the Texas Register and will be open for an additional 30 day public comment
period prior to final adoption or repeal by the department.
TRD-200003111
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: May 3, 2000
Title 37, Part 1
The Texas Department of Public Safety (DPS) files this notice of intention
to review Chapter 23 - Vehicle Inspection pursuant to the Appropriations Act
of 1997, House Bill 1, Article IX, §167.
As part of this review process, the DPS is proposing amendments to Chapter
23: §§23.1, 23.2, 23.8, 23.10, 23.26, 23.27, and 23.51. The proposed
amendments may be found in the Proposed Rules section of the
Texas Register
. The DPS will accept comments on the §167 requirements
as to whether the reason for adopting the rules continues to exist in the
comments filed on the proposed amendments.
DPS is not proposing any changes to Chapter 23: §§23.3 - 23.7,
23.9, 23.11 - 23.17, 23.21 - 23.25, 23.28, 23.29, 23.41, 23.42, 23.52, 23.53,
23.61, 23.71 - 23.79, 23.93, 23.94, 23.101, and 23.102. Comments regarding
the §167 requirements as to whether the reason for adopting these sections
of Chapter 23 continues to exist, may be submitted to Mary Ann Courter, General
Counsel, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140,
(512) 424-2890 within 20 days after publication of this notice of intention
to review.
Any questions pertaining to this notice of intention to review should be
directed to Mary Ann Courter, General Counsel, Texas Department of Public
Safety, Box 4087, Austin, Texas 78773-0140, (512) 424-2890. Filed in Austin,
Texas on April 25, 2000. Thomas A. Davis, Jr. Director Texas Department of
Public Safety.
TRD-200003064
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Filed: May 1, 2000
Title 43, Part 1
Notice of Intention to Review: In accordance with the General Appropriations
Act of 1999, House Bill 1, §10.13, Article IX, and Government Code, §2001.039,
as added by Senate Bill 178, 76th Legislature, the Texas Department of Transportation
(department) files this notice of intention to review Title 43 TAC, Part I, §§9.70
- 9.73, Maintenance Project Contracts; §§22.20 - 22.22, Use of State
Intellectual Property; §28.30, Permit for Over Axle and Over Gross Weight
Tolerances; §§29.2 - 29.6, Maintenance; §§29.21 - 29.26,
Debarment of Maintenance Contractors; and §§29.41 - 29.50, Operation
of State-Owned Ferries.
The department will accept comments regarding whether the reasons for adopting
these rules continue to exist. The comment period will last 30 days beginning
with the publication of this notice of intention to review.
Comment or questions regarding this rule review may be submitted in writing
to Zane Webb, Director, Maintenance Division, Texas Department of Transportation,
125 E. 11th Street, Austin, Texas 78701-2483, or by phone at (512) 416-2900.
TRD-200003040
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: May 1, 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 1, concerning General
Procedures, 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, §§1.3, 1.5, 1.200, 1.404, 1.700 and 1.701, new §§1.201
and 1.206, and the repeal of §§1.91 and 1.201. These may be found
in the proposed rule section of this publication of the
Texas Register
. The assessment of Title 4, Chapter 1, by the department
at this time indicates that with the exception of sections proposed for
amendment or repeal, the reason for adopting or readopting without changes
all remaining sections in Chapter 1 continues to exist.
The department is accepting comment on the review of Chapter 1. Comments
on the review may be submitted within 30 days following the publication of
this notice in the
Texas Register
to Dolores
Alvarado Hibbs, Deputy General Counsel, Texas Department of Agriculture,
P.O. Box 12847, Austin, Texas, 78711.
TRD-200003027
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: April 28, 2000
Title 7, Part 1
The Finance Commission of Texas, on behalf of the Texas Department of Banking
(department), has completed the review of the following portions of Texas
Administrative Code, Title 7, Chapter 3, comprised of §3.36, regarding
Annual Assessments and Specialty Examination Fees; §3.37, regarding Calculations
of Annual Assessments for Banks; §3.38, regarding Calculation of Annual
Assessment for Foreign Bank Agencies; and all of Subchapter C, regarding Foreign
Bank Agencies, and consisting of §§3.41 - 3.45.
Notice of the review was published in the February 4, 2000, issue of the
The finance commission readopts these sections, pursuant to the requirements
of Government Code, §2001.039, and finds that the reason for adopting
these rules continues to exist. The rules were substantially rewritten and
revised effective January 5, 1996, to be in accordance with the recently enacted
Texas Banking Act.
TRD-200003020
Everette D. Jobe
Certifying Official
State Finance Commission
Filed: April 28, 2000
Title 1, Part 5
The General Services Commission (the "Commission") has completed the review
of Title 1, Texas Administrative Code, Part 5, Chapter 117, Subchapter C, §117.51
(relating to the Central Supply Store Program) as noticed in the March 3,
2000 issue of the
Texas Register
(25 TexReg
1883).
The Commission received no comments on the requirements of the Texas Government
Code, §2001.039 as to whether the reasons for adopting the rule continue
to exist. As part of this review process, the Commission proposed amendments
to Subchapter C, §117.51. The amendments were published in the March
3, 2000 issue of the
Texas Register
(25 TexReg
1827).
The Commission readopts Chapter 117, Subchapter C, §117.51 pursuant
to the Texas Government Code, §2001.039 (relating to Agency Review of
Existing Rules) and finds that the reason for adopting Subchapter C of Chapter
117 continues to exist. The adoption of the amendments to §117.51 may
be found in the Adopted Rules section of this
Texas
Register
.
TRD-200002989
Ann Dillon
General Counsel
General Services Commission
Filed: April 27, 2000
Title 43, Part 1
Notice of Readopted Rule: The Texas Department of Transportation readopts
without changes Title 43 TAC, Part I, §§15.1 - 15.8, transportation
planning; §15.21, distribution and availability of data; §§15.40
- 15.42, Texas highway trunk system; §§15.70 - 15.76, international
bridges; §§15.80 - 15.93, transportation corporations; §§21.171
- 21.312, road utility districts; §§25.50 - 25.55, bicycle road
use; and §§27.11 - 27.20, Texas Turnpike Authority.
This review was conducted in accordance with the General Appropriations
Act of 1999, House Bill 1, §10.13, Article IX, and Government Code, §2001.039,
as added by Senate Bill 178, 76th Legislature.
The proposed review was published in the March 10, 2000, edition of the
TRD-200003039
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: May 1, 2000
General Services Commission
Texas Department of Health
Texas Department of Public Safety
Texas Department of Transportation
Adopted Rule Reviews
State Finance Commission
General Services Commission
Texas Department of Transportation