TITLE rule-review

Proposed Rule Reviews

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 7, concerning Pesticides, 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 the repeal of Title 4, Part 1, §7.3, and amendments to §§7.1, 7.21, 7.22, 7.24, 7.30-7.32, 7.39, 7.40, 7.52 and 7.53. These may be found in the proposed rule section of this publication of the Texas Register . The assessment of Title 4, Part 1, Chapter 7 by the department at this time indicates that with the exception of the section proposed for repeal, and sections proposed for amendment, the reason for readopting without changes all remaining sections in Chapter 7 continues to exist.

The department is accepting comment on the review of Chapter 7. 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-200102145

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: April 16, 2001


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 1, Chapter 221. Meat Safety Assurance, Subchapter B. Meat and Poultry Inspection, §221.15.

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 this rule 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 Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the department.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 this rule 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-200102203

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 17, 2001


Railroad Commission of Texas

Title 16, Part 1

The Railroad Commission of Texas (Commission) files this notice of intention to review §20.5, relating to historically underutilized businesses. This review and consideration is being conducted in accordance with Tex. Gov't Code §2001.039 ( as added by Acts 1999, 76th Leg., ch. 1499, §1.11(a) ).

The Commission is concurrently proposing amendments to this rule. As required by Tex. Gov't Code §2001.039 ( as added by Acts 1999, 76th Leg., ch. 1499, §1.11(a) ), the Commission will accept comments regarding whether the reason for readopting the rule with the proposed amendments continues to exist.

Any questions pertaining to this notice of intention to review or the proposed amendments should be directed to Mary Ross McDonald, Deputy General Counsel, Office of General Counsel, Railroad Commission of Texas, P. O. Box 12967, Austin, Texas 78711-2967 or via electronic mail at polly.mcdonald@rrc.state.tx.us. Because the Commission is required to adopt the General Services Commission's rules relating to historically underutilized businesses, the Commission has proposed a 10-day comment period for the amendments to §20.5, published concurrently with this rule review. Therefore, comments on the rule review are due no later than 5:00 p.m. on the 10th day after publication in the Texas Register .

TRD-200102104

Mary Ross McDonald

Deputy General Counsel, Office of General Counsel

Railroad Commission of Texas

Filed: April 12, 2001


Adopted Rule Review

Texas Workers' Compensation Commission

Title 28, Part 2

In accordance with the General Appropriation Act, Article IX, §167, 75th Legislature, the General Appropriations Act, Section 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 December 15, 2000 issue of the Texas Register (25 TexReg 12451), 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.

Chapter 180. Compliance and Practices

§180.1 Definitions

§180.3 Performance Review of Insurance Carriers

§180.4 Review of Employer Compliance

§180.5 Access to Workers' Compensation Related Records

§180.6 Evidence of Patterns of Conduct

§180.7 Date Administrative Violation Deemed To Have Occurred

§180.8 Notice of Administrative Violation and Penalty

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 Chapter 180. 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-200102117

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: April 13, 2001