Proposed Rule Reviews
Finance Commission of Texas
Title 7, Part 1
(Due to an error by the Texas Register, the following rule review
notice was omitted from publication in the May 12, 2000, issue of the Texas
Register.)
The Finance Commission of Texas files this notice of intention to review
Texas Administrative Code, Title 7, Chapter 3, Subchapters E and F, consisting
of §3.91, Loan Production Offices, §3.92, User Safety at Unmanned
Teller Machine, and §3.111, Confidential Information.
This review is undertaken pursuant to Government Code, §2001.039,
under a rule review plan filed pursuant to the Appropriations Act of 1997,
House Bill 1, 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 reasons for adopting the sections
under review continue to exist. Final consideration of this rules review is
scheduled for the Finance Commission meeting on June 16, 2000.
The Texas Department of Banking, which administers these rules, believes
that the reasons for adopting the rules continue to exist. The Department
recognizes that the rules encompassed in this review will require minor modifications
in statutory references in order to accommodate changes enacted by the 76th
Legislature, and effective September 1, 1999. The Department anticipates that
conforming proposed rules will be published in the
Texas Register
for comment by September 1, 2000.
Any questions or written comments pertaining to this notice of intention
to review should be directed to Everette D. Jobe, General Counsel, Texas Department
of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, or by e-mail
to everette.jobe@banking.state.tx.us. Any proposed changes to rules as a result
of the review will be published in the Proposed Rules Section of the
TRD-200003074
Everette D. Jobe
Certifying Official
Finance Commission of Texas
Filed: May 2, 2000
Title 1, Part 5
Proposed Notice of Intent to Complete the Review
of Title 1, T.A.C., Chapter 125 - Support Services Division--Travel and Vehicle
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 rule section of this publication of the
A prior Notice of Intent to Review Title 1, T.A.C., 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, T.A.C., 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, T.A.C., Chapter 125 may be submitted
in writing within 30 days following the publication of this notice in the
TRD-200003263
Ann Dillon
General Counsel
General Services Commission
Filed: May 9, 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 29. Purchased Health Services, Subchapter A. Medicaid Procedures for
Providers, §§29.1 - 29.6; Subchapter B. Medicaid Vision Care Program, §§29.101
- 29.105; Subchapter D. Medicaid Home Health Services, §§29.301
- 29.308; Subchapter E. Medicaid Chiropractic Program, §§29.401,
29.403; Subchapter F. Physician Services, §§29.501-29.503; Subchapter
G. Hospital Services, §§29.602 - 29.605, 29.607; Subchapter H. Laboratory,
X-ray, and Radiation Therapy, §29.701, §29.702; Subchapter I. Podiatry
Services, §§29.801 - 29.802; Subchapter J. Ambulance Services, §§29.901
- 29.903; Subchapter K. Definitions, §29.1001; Subchapter L. General
Administration, §§29.1101, 29.1103, 29.1105 - 29.1130; Subchapter
M. §29.1201, §29.1202, 29.1204; Subchapter N. §29.1301, §29.1302;
Subchapter O. Dentists' Services, §29.1402; Subchapter P. Hearing Aid
Services, §§29.1501 - 29.1504; Subchapter Q. Nurse-Midwife Services, §§29.1601
- 29.1603; Subchapter R. Birthing Center Services, §§29.1701 - 29.1703;
Subchapter S. Maternity Clinic Services, §§29.1801 - 29.1804; Subchapter
T. Psychologists' Services, §29.1901, §29.1902; Subchapter U. Physical
Therapists' Services, §29.2001, §29.2002; Subchapter V. Certified
Registered Nurse Anesthetists' Services, §§29.2101 - 29.2103; Subchapter
W. Chemical Dependency Treatment Facility Services, §29.2201, §29.2202;
Subchapter Y. Federally Qualified Health Center Services, §§29.2401,
29.2402, 29.2404; Subchapter Z. Certified Family Nurse Practitioner and Pediatric
Nurse Practitioner, §29.2501, §29.2502; Subchapter AA. School Health
and Related Services, §29.2601, §29.2602; Subchapter BB. Coordinated
Care, §29.2701; Subchapter CC. Lonestar Select Contracting Program, §29.2801;
Subchapter DD. Tuberculosis, §29.2901; and Subchapter EE. Licensed Professional
Counselors, Licensed Master Social Worker Advanced Clinical Practitioners,
and Licensed Marriage and Family Therapists, §29.3001, §29.3002.
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-200003317
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: May 10, 2000
Texas Department of Agriculture
Title 4, Part 1
Due to a Texas Register error, the following Adopted Rule Review
filed by the Texas Department of Agriculture was omitted from the May 12,
2000 issue of the Texas Register. A duplicate of a Notice that was submitted
as TRD-200002869 was published instead of the Notice that was filed as TRD-200003027.
The Texas Department of Agriculture (the department) adopts the review
of the rules in Title 4, Texas Administrative Code, Part 1, Chapter 8, concerning
Agricultural Hazard Communication Regulations, Chapter 14, concerning Vegetable
and Citrus Fruit Handling and Marketing, Chapter 15, concerning Egg Law, Chapter
21, concerning Citrus, and Chapter 23, concerning Rose Grading, 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), and readopts
these chapters with the amendment and repeals proposed in its notice of intention
to review, The proposed notice of intention to review was published in the
March 24, 2000 issue of the
Texas Register
(25 TexReg 2663).
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 proposed an amendment to
Title 4, §21.22. and the repeal of §§8.13, 14.5, 15.11, 15.14,
21.8 and 23.6. These proposals were also published in the March 24, 2000 issue
of the
Texas Register
(25 TexReg 2497 - 25
TexReg 2500). The amendment to §21.22 is adopted to clarify that section
and make it consistent with current practice. Sections 8.13, 14.5, 15.11,
15.14, 21.8 and 23.6 have been repealed to eliminate unnecessary regulations.
No comments were received regarding the department's notice of intention to
review or on the proposed amendments and repeals. The adopted amendment and
repeals may be found in the adopted rule section of the May 12, 2000 issue
of the
Texas Register
. The department has
determined that with the exception of sections adopted with amendment or repealed,
the reason for readopting without changes all remaining sections in Chapters
8, 14, 15, 21 and 23 continues to exist.
TRD-200003027
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: April 28, 2000
Title 22, Part 2
The Texas State Board of Barber Examiners files this notice of adoption
of the review of §§51.1-51.2, concerning The Board; §§51.91-51.97,
concerning Barber Shops; §51.101, concerning Advertising; §51.111,
concerning Contested Cases; §51.121, concerning Personnel-Qualifications
and Duties; §51.131, concerning Informal Disposition, pursuant to the
General Appropriations Act, Article IX Section 167, 75th Legislature was published
in the April 7, 2000, issue of the
Texas Register
(25 TexReg 3062).
As part of the adoption process, the board is adopting amendments to §51.92
of this title (Barber Pole (symbol of Barbering Since Ancient Days)), §51.95
of this title (No Other Businesses in a Barber Shop or Specialty Shop), §51.97
of this title (Booth Rental Permit), §51.101 of this title (Barber Advertisements).
The adoption of the amendments may be found in the Adopted Rules section of
the
Texas Register
. The board did not receive
comments regarding whether the reasons for adopting the rules continue to
exist or any substantive comments concerning the proposed amendments. The
board has determined that the reasons for adopting these rules, as amended,
continue to exist.
The Board is also proposing the repeal of §51.91 of this title (Separation
of Barber Shop and Beauty Parlor), §51.93 of this title (Inspection Report).
The adoption of the repeals maybe found in the Adopted Rules section of the
Finally, the board is proposing to readopt§51.01 of this title (Regular
Meetings and Examinations), §51.02 of this title (Quorum), §51.94
of this title (Regulation of Dress in a Barber Shop, Specialty Shop, or School), §51.96
of this title (Animals Prohibited in a Barber Shop, Specialty Shop, or School), §51.111
of this title (Admission of Parties), §51.121 of this title (Barber Inspector), §51.131
of this title (Informal Disposition). The agency's reasons for adopting these
rules continue to exist in order to discharge the agency's statutory examination
and licensing responsibilities.
Adopted Amendments:
§51.92. Barber Pole (Symbol of Barbering Since Ancient Days).
§51.95. No Other Businesses in a Barber Shop or Specialty Shop.
§51.97. Booth Rental Permit.
§51.101. Barber Advertisements.
Adopted Repeals:
§51.91. Separation of Barber Shop and Beauty Parlor.
§51.93. Inspection Report.
Rules to be Readopted:
§51.1. Regular Meetings and Examinations.
§51.2. Quorum.
§51.94. Regulation of Dress in a Barber Shop, Specialty Shop, or School.
§51.111. Admission of Parties.
§51.121. Barber Inspector.
§51.131. Informal Disposition.
TRD-200003234
Will K. Brown
Executive Director
Texas State Board of Barber Examiners
Filed: May 8, 2000
The Texas State Board of Barber Examiners files this notice of adoption
of the review of §§51.11 - 51.40, concerning Barber Colleges, Schools
and Student, pursuant to the General Appropriations Act, Article IX, Section
167, 75th Legislature was published April 7, 2000, issue of the
Texas Register
(25 TexReg 3061).
As part of this adoption process, the board is adopting amendments to §51.13
of this title (relating to Change of Ownership of Barber School), §51.15
of this title (relating to Barber Chairs Per Student), §51.16 of this
title (relating to Equipment for Students), §51.17 of this title (relating
to Specialty Equipment), §51.18 of this title (relating to Classroom
Consultants), §51.19 of this title (relating to Absence of Teachers), §51.20
of this title (relating to Applying for Enrollment), §51.21 of this title
(relating to Enrollment Application Deadline), §51.23 of this title (relating
to Student Certificate), §51.24 of this title (relating to Interruption
of Attendance), §51.25 of this title (relating to Reenrollment or Notification), §51.26
of this title (relating to Student Progress Reports), §51.30 of this
title (relating to Registered Barber Course), §51.39 of this title (relating
to Barber Refresher Course), §51.40 of this title (relating to All Other
Businesses Prohibited in a Barber College). The adoption of the amendments
may be found in the Adopted Rules section of the
Texas Register
. The board did not receive comments regarding whether
the reasons for adopting the rules continue to exist or any substantive comments
concerning the proposed amendments. The board has determined that the reasons
for adopting these rules, as amended, continue to exist.
The board is also adopting the repeal of §51.22 of this title (relating
to Date of Enrollment), §51.36 of this title (relating to Enrollment
Application Form), §51.37 of this title (relating to Student Certificate
Form). The adoption of the repeals may be found in the Adopted Rules section
of the
Texas Register
. The board did not receive
comments regarding whether the reasons for adopting the rules continue to
exist or any substantive comments concerning the proposed repeals.
Finally, the board is readopting §51.11 of this title (relating to
Barber School Contract), §51.12 of this title (relating to Inspection
of New Barber School or College), §51.14 of this title (relating to Business
Hours of Barber School), §51.28 of this title (relating to Teacher Course), §51.29
of this title (relating to Mandatory Curriculum), §51.31 of this title
(relating to Manicurist Course), §51.32 of this title (relating to Wig
Specialist Course), §51.33 of this title (relating to Wig Instructor
Course), §51.34 of this title (relating to Barber Technician Course), §51.35
of this title (relating to Definition of Barber's Technician), §51.38
of this title (relating to Progress Report Barber School Monthly Records of
Student Hours). The agency's reasons for adopting these rules continue to
exist in order to discharge the agency's statutory examination and licensing
responsibilities.
Adopted Amendments:
§51.13 Change of Ownership of Barber School
§51.15 Barber Chairs per Student
§51.16 Equipment for Students
§51.17 Specialty Equipment
§51.18 Classroom Consultants
§51.19 Absence of Teachers
§51.20 Applying for Enrollment
§51.21 Enrollment Application Deadline
§51.23 Student Certificate
§51.24 Interruption of Attendance
§51.25 Reenrollment or Transfer
§51.26 Student Progress Reports
§51.30 Registered Barber Course
§51.39 Barber Refresher Course
§51.40 All Other Businesses Prohibited in a Barber College
Adopted Repeals:
§51.22 Date of Enrollment
§51.36 Enrollment Application Form
§51.37 Student Certificate Form
Rules to be Readopted:
§51.11 Barber School Contract
§51.12 Inspection of New Barber School or College
§51.14 Business Hours of Barber School
§51.28 Teacher Course
§51.29 Mandatory Curriculum
§51.31 Manicurist Course
§51.32 Wig Specialist Course
§51.33 Wig Instructor Course
§51.34 Barber Technician Course
§51.35 Definition of Barber's Technician
§51.38 Progress Report Barber School Monthly Records of Student Hours
TRD-200003231
Will K. Brown
Executive Director
Texas State Board of Barber Examiners
Filed: May 8, 2000
Title 22, Part 15
The Texas State Board of Pharmacy adopts the review of Chapter 291 (§291.36),
concerning Class A Pharmacies Dispensing Sterile Pharmaceuticals, pursuant
to the Appropriations Act, 76th Legislature, Section 9-10.13. The proposed
rule review was published in the March 31, 2000, issue of the
Texas Register
(25 TexReg 2827).
In conjunction with this review, the agency adopts amendments to §291.36
published elsewhere in this issue of the
Texas Register
.
The agency finds that the reason for adopting the rule continues to exist.
No comments were received regarding adoption of this review.
TRD-200003358
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Filed: May 15, 2000
Title 22, Part 16
The Texas Board of Physical Therapy Examiners has completed the review
of the rules in the chapters listed below. Pursuant to the General Appropriations
Act, House Bill 1, Article IX, §167, passed by the 75th Legislature (1997),
the board readopts all of the rules in the chapters listed below.
The notice of intent to review was published in the April 7, 2000 issue
of the
Texas Register
(25 TexReg 3063).
The board received no comments regarding the readoption of these rules.
The Board determined at the April 18, 2000 meeting that the reason for adopting
these rules continue to exist. At the same meeting, the Board proposed amendments
to §341.6, Restoration of License, and §341.8, Inactive Status,
both of which are in Chapter 341, License Renewal.
Chapter 321, DEFINITIONS
Chapter 322, PRACTICE
Chapter 323, POWERS AND DUTIES OF THE BOARD
Chapter 325, ORGANIZATION OF THE BOARD
Chapter 327, COMPENSATION
Chapter 329, LICENSING PROCEDURE
Chapter 335, PROFESSIONAL TITLE
Chapter 337, DISPLAY OF LICENSE
Chapter 339, FEES
Chapter 341, LICENSE RENEWAL
Chapter 342, OPEN RECORDS
Chapter 343, CONTESTED CASE PROCEDURE
Chapter 344, ADMINISTRATIVE FINES AND PENALTIES
Chapter 345, ACCESSIBLE SERVICES
Chapter 346, PRACTICE SETTINGS FOR PHYSICAL THERAPY
Chapter 347, REGISTRATION OF PHYSICAL THERAPY FACILITIES
TRD-200003349
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Filed: May 12, 2000
Title 40, Part 20
The Texas Workforce Commission (Commission), adopts the review of rules
in Subchapter E of Chapter 800 relating to Sanctions in accordance with the
requirements of Texas Government Code, §2001.039, and the General Appropriations
Act, Article IX, §9-10.13, 76th Legislature, 1999 (formerly 1997 General
Appropriations Act, Article IX, §167). The proposed Notice of Intention
to Review was published in the March 24, 2000, issue of the
Texas Register
(25 TexReg 2665).
The Commission received comments on the rules as indicated in the adoption
of rules relating to sanctions that appear in this issue of the
Texas Register
. The information contained in the adoption of the rules
relating to sanctions, including but not limited to the names of commenters,
comment summaries and responses, is incorporated here by reference.
The Commission finds the reasons for originally adopting the rules continues
to exist and are respectively to set forth provisions as follows:
in §800.151, the scope and purpose of the sanction rules;
in §800.152, the definitions in the sanctions rules;
in §800.161, the preventive maintenance provisions;
in §800.171, the level one sanctions provisions;
in §800.172, the level two sanctions provisions;
in §800.173, the level three sanctions;
in §800.174, the violations subject to level one sanctions;
in §800.175, the violations subject to level two sanctions;
in §800.176, the violations subject to level three sanctions;
in §800.177, the program specific sanctions;
in §800.181, the enforcement provisions;
in §800.182, the notice provisions; and
in §800.191, the appeal provisions.
The Commission readopts its rules in their entirety.
TRD-200003395
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Filed: May 15, 2000
General Services Commission
Texas Department of Health
Adopted Rule Reviews
Texas State Board of Barber Examiners
Texas State Board of Pharmacy
Texas Board of Physical Therapy Examiners
Texas Workforce Commission