TITLE rule-review

Proposed Rule Reviews

Texas Department on Aging

Title 40, Part 9

The Texas Department on Aging will review and consider for readoption, revision or repeal Title 40, Texas Administrative Code, Part 9, Chapter 270. General Service Requirements, §270.1 General Service Requirements; §270.2. Services Definitons; §270.3. Transportation Service Requirements for the Elderly; §270.7. Homemaker Service Requirements; §270.9. Personal Assistance Service Requirements; §270.13. Adult Day Care Service Requirements; and §270.15. Emergency Response Service Requirements.

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 Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the Department.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Frank Pennington, Director, Texas Department on Aging, 4900 North Lamar, Austin, Texas 78751. 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-200003191

Gary Jessee

Program Specialist

Texas Department on Aging

Filed: May 5, 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 17, concerning Marketing and Promotion Division, 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, §§17.51, 17.304, 17.306, and 17.308, and the repeal of §17.200. These may be found in the proposed rule section of this publication of the Texas Register . The assessment of Title 4, Chapter 17, 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 17 continues to exist.

The department is accepting comment on the review of Chapter 17. 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-200003214

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: May 8, 2000


Texas Department of Agriculture-Texas Agricultural Finance Authority

Title 4, Part 1

The Texas Agricultural Finance Authority (Authority) of the Texas Department of Agriculture proposes to review Title 4, Texas Administrative Code, Part I, Chapter 24 concerning the Authority's Farm and Ranch Finance Program, Chapter 26 concerning the Authority's Linked Deposit Program, Chapter 28 concerning the Authority's Financial Assistance Program, Chapter 29 concerning the Texas Agricultural Diversification Program: Matching Grants, and Chapter 30 concerning the Authority's Young Farmer Loan Guarantee Program. This review is proposed 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 § 2110.039 requires states agencies to review and consider for readoption each of their rules every four years. The review must included as assessment of whether the original justification for the rules continues to exist.

As part of the review process, the Authority proposes the repeal of Title 4, Part I, Chapter 29. The repeal of Chapter 29 may be found in the proposed rule section of this publication of the Texas Register . The assessment of Title 4, Part 1, Chapters 24, 26, 28, 29, and 30 by the Authority at this time indicates that with the exception of Chapter 29, which is proposed for repeal, the reason for adoption or readopting all remaining sections in these chapters continues to exist.

The Authority is accepting comment on the review of Chapters 24, 26, 28, 29, and 30. Comments on the review may be submitted within 30 days following the publication of this notice in the Texas Register to Robert Kennedy, Deputy Assistant Commissioner for Finance, Texas Department of Agriculture, P. O. Box 12847, Austin, Texas 78711.

TRD-200003171

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture-Texas Agricultural Finance Authority

Filed: May 5, 2000


Texas Department of Health

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 56. Family Planning, Subchapter A. Program Information, §§56.101 - 56.104; Subchapter B. Client Rights and Eligibility, §§56.201 - 56.209; Subchapter C. Provider Program Requirements, §§56.301 - 56.306; Subchapter D. Purchased Services, §§56.401 - 56.404; Subchapter E. Family Planning Agency Standards Titles V, X, XIX, and XX, §§56.501 - 56.525; Subchapter F. Administrative Requirements for Agency Providers, §§56.601 - 56.607; Subchapter G. Genetic Services, §§56.701 - 56.703; Subchapter H. Family Planning Program Services Provided by Texas Department of Health Direct Delivery Staff, Family Health Services Nurses, and Contracted Health Providers, §§56.801 - 56.802; and Subchapter I. Texas Department of Health Aids Prevention, §§56.901 - 56.904.

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-200003307

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 10, 2000


The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 169. Zoonosis Control, Subchapter A. Rabies Control and Eradication, §§169.21 - 169.34; Subchapter B. Care of Animals by Circuses, Carnivals, and Zoos, §§169.41 - 169.48; Subchapter C. Training of Animal Shelter Personnel, §§169.61 - 169.65; Subchapter D. Riding Stable Registration Program, §§169.81 - 169.89; and Subchapter E. Dog and Cat Sterilization, §169.101.

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-200003308

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 10, 2000


Texas Real Estate Commission

Title 22, Part 23

The Texas Real Estate Commission proposes to review the following sections of Chapter 535 in accordance with the Texas Government Code, §2001.039, and the General Appropriations Act of 1999, Article IX, §167. The commission will accept comments for 30 days following the publication of this notice in the Texas Register as to whether the reason for adopting each of these sections continues to exist. Any questions pertaining to this notice of intention to review should be directed to Mark A. Moseley, General Counsel, Texas Real Estate Commission. P.O. Box 12188, Austin, Texas, 78711-2188 or e-mail to general.counsel@trec.state.tx.us.

§535.205. Inspectors Licensed Under Prior Law.

§535.206. The Texas Real Estate Inspector Committee.

§535.208. Application for a License.

§535.210. Fees.

§535.212. Education and Experience Requirements for a License.

§535.213. Schools and Courses of Study in Real Estate Inspection.

§535.214. Examinations.

§535.215. Inactive Inspector Status.

§535.216. Renewal of License or Registration.

§535.218. Continuing Education.

§535.220. Professional Conduct and Ethics.

§535.221. Advertisements.

§535.223. Standard Inspection Reports.

§535.224. Proceedings before the Committee.

§535.226. Sponsorship of Apprentices Inspectors and Real Estate Inspectors.

TRD-200003251

Mark A. Moseley

General Counsel

Texas Real Estate Commission

Filed: May 9, 2000


Adopted Rule Reviews

Texas Department of Economic Development

Title 10, Part 5

The Texas Department of Economic Development (department) adopts the review of Chapter 162 , related to the Texas Exporters Loan Fund pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review is adopted without changes as published in the February 18, 2000, issue of the Texas Register (25 TexReg 1401).

Agency review of this rule has found that the reason for the rule has ceased to exist. As part of the review process the department is adopting the repeal of Chapter 162 in its entirety. The adopted repeal may be found in the Adopted Rules section in this issue of the Texas Register .

No comments were received regarding the rule review requirement as to whether the reason for adopting the rules continues to exist.

This concludes the review process for 10 TAC Chapter 162.

TRD-200003196

Robin Abbott

General Counsel

Texas Department of Economic Development

Filed: May 5, 2000


The Texas Department of Economic Development (department) has completed the review of Chapter 185 , concerning Rules for Texas Small Business Industrial Development Corporation Revenue Bond Programs, as published in the March 17, 2000, issue of the Texas Register (25 TexReg 2405). The department readopts Chapter 185 and finds that the reason for the rules continues to exist.

The department received no comments on the review of this chapter.

As part of this review process the department is adopting amendments to §§185.2 - 185.4. The amendments were published in the March 17, 2000, issue of the Texas Register (25 TexReg 2238). The adoption of the amendments may be found in the Adopted Rules section in this issue of the Texas Register .

This concludes the review process for 10 TAC Chapter 185 in its entirety.

TRD-200003197

Robin Abbott

General Counsel

Texas Department of Economic Development

Filed: May 5, 2000


Railroad Commission of Texas

Title 16, Part 1

The Railroad Commission of Texas (Commission), pursuant to Texas Government Code, §2001.039, readopts §3.1, relating to Organization Report; Retention of Records; Notice Requirements, and §3.58, relating to Oil, Gas, or Geothermal Resource Operator's Reports. The notice of review was published in the March 10, 2000, issue of the Texas Register (25 TexReg 2165). The Commission received no comments regarding the proposed rule review. After review, the Commission readopts these sections, as amended.

The Commission has determined that the reasons for adopting these rules, with the adopted amendments, continue to exist.

TRD-200003138

Mary Ross McDonald

Deputy General Counsel, Office of General Counsel

Railroad Commission of Texas

Filed: May 4, 2000