Agency Rule Review Plan (Revised)
Texas Department of Criminal Justice
Title 37, Part 6
Filed: August 15, 2001
Texas Department on Aging
Title 40, Part 9
In accordance with Texas Government Code Annotated §2001. 039, Review
of Existing Agency Rules, the Texas Department on Aging will review and consider
for re-adoption, repeal or amendment Chapter 253, concerning State Aging Plan.
The rules to be reviewed are located in Title 40, Part 9, Chapter 253 of the
Texas Administrative Code and contain the following sections:
253.3
The rules are being reviewed to determine whether the reasons for which
they initially were adopted continue to exist. Changes to the rules that may
be proposed by the Texas Board on Aging 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.
Comments on the proposed rule review can be submitted to: Gary Jessee,
Aging Network Policy Coordinator, Texas Department on Aging, P. O. Box 12786,
Austin, Texas 78711. All comments must be received within 30 calendar days
following the date of publication of the proposed new rules in the
Texas Register
.
TRD-200104787
Gary Jessee
Aging Network Policy Coordinator
Texas Department on Aging
Filed: August 16, 2001
In accordance with Texas Government Code Annotated §2001. 039, Review
of Existing Agency Rules, the Texas Department on Aging will review and consider
for re-adoption, repeal or amendment Chapter 254, concerning Operation of
the Texas Department on Aging. The rules to be reviewed are located in Title
40, Part 9, Chapter 254 of the Texas Administrative Code and contain the following
sections:
254.1, 254.3, 254.5, 254.7, 254.9, 254.11, 254.13, 254.15, 254.17, 254.19,
254.21-254.24, 254.35
The rules are being reviewed to determine whether the reasons for which
they initially were adopted continue to exist. Changes to the rules that may
be proposed by the Texas Board on Aging 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.
Comments on the proposed rule review can be submitted to: Gary Jessee,
Aging Network Policy Coordinator, Texas Department on Aging, P. O. Box 12786,
Austin, Texas 78711. All comments must be received within 30 calendar days
following the date of publication of the proposed new rules in the
Texas Register
.
TRD-200104788
Gary Jessee
Aging Network Policy Coordinator
Texas Department on Aging
Filed: August 16, 2001
In accordance with Texas Government Code Annotated §2001. 039, Review
of Existing Agency Rules, the Texas Department on Aging will review and consider
for re-adoption, repeal or amendment Chapter 255, concerning State Delivery
Systems. The rules to be reviewed are located in Title 40, Part 9, Chapter
255 of the Texas Administrative Code and contain the following sections:
255.39
The rules are being reviewed to determine whether the reasons for which
they initially were adopted continue to exist. Changes to the rules that may
be proposed by the Texas Board on Aging 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.
Comments on the proposed rule review can be submitted to: Gary Jessee,
Aging Network Policy Coordinator, Texas Department on Aging, P. O. Box 12786,
Austin, Texas 78711. All comments must be received within 30 calendar days
following the date of publication of the proposed new rules in the
Texas Register
.
TRD-200104789
Gary Jessee
Aging Network Policy Coordinator
Texas Department on Aging
Filed: August 16, 2001
In accordance with Texas Government Code Annotated §2001. 039, Review
of Existing Agency Rules, the Texas Department on Aging will review and consider
for re-adoption, repeal or amendment Chapter 260, concerning Area Agency on
Aging Administrative Requirements. The rules to be reviewed are located in
Title 40, Part 9, Chapter 260 of the Texas Administrative Code and contain
the following sections:
260.1-260.3, 260.11, 260.14, 260.15, 260.17, 260.19, 260.21
The rules are being reviewed to determine whether the reasons for which
they initially were adopted continue to exist. Changes to the rules that may
be proposed by the Texas Board on Aging 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.
Comments on the proposed rule review can be submitted to: Gary Jessee,
Aging Network Policy Coordinator, Texas Department on Aging, P. O. Box 12786,
Austin, Texas 78711. All comments must be received within 30 calendar days
following the date of publication of the proposed new rules in the
Texas Register
.
TRD-200104790
Gary Jessee
Aging Network Policy Coordinator
Texas Department on Aging
Filed: August 16, 2001
In accordance with Texas Government Code Annotated §2001. 039, Review
of Existing Agency Rules, the Texas Department on Aging will review and consider
for re-adoption, repeal or amendment Chapter 270, concerning General Service
Requirements. The rules to be reviewed are located in Title 40, Part 9, Chapter
270 of the Texas Administrative Code and contain the following sections:
270.1-270.3, 270.5-270.9, 270.11, 270.13, 270.15, 270.17, 270.19, 270.21
The rules are being reviewed to determine whether the reasons for which
they initially were adopted continue to exist. Changes to the rules that may
be proposed by the Texas Board on Aging 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.
Comments on the proposed rule review can be submitted to: Gary Jessee,
Aging Network Policy Coordinator, Texas Department on Aging, P. O. Box 12786,
Austin, Texas 78711. All comments must be received within 30 calendar days
following the date of publication of the proposed new rules in the
Texas Register
.
TRD-200104832
Gary Jessee
Aging Network Policy Coordinator
Texas Department on Aging
Filed: August 17, 2001
Title 28, Part 3
Texas Certified Self-Insurer Guaranty Association Title 28 The Texas
Certified Self-Insurer Guaranty Association files this notice of intention
to review the rule contained in Chapter 181 concerning By-Laws of the Texas
Certified Self-Insurer Guaranty Association. This review is pursuant to the
General Appropriations 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.
The agency's reason for adopting the rule contained in this chapter continues
to exist and it proposes to readopt Chapter 181.
Comments regarding whether the reason for adopting this rule continues
to exist must be received by 5:00 p.m. on September 30, 2001 and submitted
to Judy Roach, Executive Director, Texas Certified Self-Insurer Guaranty Association,
98 San Jacinto Boulevard, 1600 San Jacinto Center, Austin, TX 78701.
Chapter 181. By-Laws of the Texas Certified Self-Insurer Guaranty Association.
TRD-200104925
Judy Roach
Executive Director
Texas Certified Self-Insurer Guaranty Association
Filed: August 21, 2001
Title 1, Part 1
The Office of the Governor files this notice of intent to review Texas
Administrative Code, Title 1, Part 1, Chapters 3 (Criminal Justice Division)
and 5 (Budget and Planning Office).
The review is in accordance with the requirements of the Texas Government
Code, §2001.039, which requires state agencies to review and consider
for readoption their administrative rules every four years. The review shall
assess whether the reasons for the rules continue 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 Heather Morgan, Office of the Governor, Criminal Justice Division,
P.O. Box 12428, Austin, Texas 78711; or via fascimille at (512) 475-2042.
TRD-200104801
David Zimmerman
Assistant General Counsel
Office of the Governor
Filed: August 16, 2001
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 37. Maternal and Infant Health Services, Subchapter K. Epilepsy Program, §§37.211
- 37.224.
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-200104945
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: August 21, 2001
The Texas Department of Health (department) will review and consider for
readoption, revision or repeal Title 25, Texas Administrative Code, Part 1,
Chapter 289. Radiation Control, Subchapter F. License Regulations, §289.254,
and Subchapter G. Registration Regulations, §289.301.
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-200104943
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: August 21, 2001
Title 7, Part 4
The Finance Commission of Texas files this notice of intention to review
Texas Administrative Code, Title 7, Chapter 65, relating to loans and investments
of savings and loan associations, pursuant to §2001.039, Government Code.
The Commission will accept comments for 20 days following publication of this
notice in the
Texas Register
as to whether
reasons for adopting this chapter continue to exist. Final consideration of
this chapter is scheduled for the Commission's meeting on October 19, 2001.
The Texas Savings and Loan Department, which administers these rules, believes
that the reasons for adopting the rules contained in this chapter continue
to exist. Any questions or written comments pertaining to this notice of intention
to review should be directed to James L. Pledger, Commissioner, Texas Savings
and Loan Department, 2601 North Lamar, Suite 201, Austin, Texas 78705, or
by e-mail to pledger@TSLD.state.tx.us. Any proposed changes to the rules as
a result of the review will be published in the Proposed Rules Section of
the
Texas Register
and will be open for an
additional 20 day public comment period prior to final adoption or repeal
by the Commission.
TRD-200104927
Timothy K. Irvine
General Counsel
Texas Savings and Loan Department
Filed: August 21, 2001
The Finance Commission of Texas files this notice of intention to review
Texas Administrative Code, Title 7, Chapter 67, relating to savings and deposit
accounts of savings and loan associations, pursuant to §2001.039, Government
Code. The Commission will accept comments for 20 days following publication
of this notice in the
Texas Register
as to
whether reasons for adopting this chapter continue to exist. Final consideration
of this chapter is scheduled for the Commission's meeting on October 19, 2001.
The Texas Savings and Loan Department, which administers these rules, believes
that the reasons for adopting the rules contained in this chapter continue
to exist. Any questions or written comments pertaining to this notice of intention
to review should be directed to James L. Pledger, Commissioner, Texas Savings
and Loan Department, 2601 North Lamar, Suite 201, Austin, Texas 78705, or
by e-mail to pledger@TSLD.state.tx.us. Any proposed changes to the rules as
a result of the review will be published in the Proposed Rules Section of
the
Texas Register
and will be open for an
additional 20 day public comment period prior to final adoption or repeal
by the Commission.
TRD-200104928
Timothy K. Irvine
General Counsel
Texas Savings and Loan Department
Filed: August 21, 2001
The Finance Commission of Texas files this notice of intention to review
Texas Administrative Code, Title 7, Chapter 69, relating to reorganization,
merger, consolidation, acquisition, and conversion of savings and loan associations,
pursuant to §Government Code. The Commission will accept comments for
20 days following publication of this notice in the
Texas Register
as to whether reasons for adopting this chapter continue
to exist. Final consideration of this chapter is scheduled for the Commission's
meeting on October 19, 2001.
The Texas Savings and Loan Department, which administers these rules, believes
that the reasons for adopting the rules contained in this chapter continue
to exist. Any questions or written comments pertaining to this notice of intention
to review should be directed to James L. Pledger, Commissioner, Texas Savings
and Loan Department, 2601 North Lamar, Suite 201, Austin, Texas 78705, or
by e-mail to pledger@TSLD.state.tx.us. Any proposed changes to the rules as
a result of the review will be published in the Proposed Rules Section of
the
Texas Register
and will be open for an
additional 20 day public comment period prior to final adoption or repeal
by the Commission.
TRD-200104929
Timothy K. Irvine
General Counsel
Texas Savings and Loan Department
Filed: August 21, 2001
The Finance Commission of Texas files this notice of intention to review
Texas Administrative Code, Title 7, Chapter 73, relating to subsidiary corporations
of savings and loan associations, pursuant to §2001.039, Government Code.
The Commission will accept comments for 20 days following publication of this
notice in the
Texas Register
as to whether
reasons for adopting this chapter continue to exist. Final consideration of
this chapter is scheduled for the Commission's meeting on October 19, 2001.
The Texas Savings and Loan Department, which administers these rules, believes
that the reasons for adopting the rules contained in this chapter continue
to exist. Any questions or written comments pertaining to this notice of intention
to review should be directed to James L. Pledger, Commissioner, Texas Savings
and Loan Department, 2601 North Lamar, Suite 201, Austin, Texas 78705, or
by e-mail to pledger@TSLD.state.tx.us. Any proposed changes to the rules as
a result of the review will be published in the Proposed Rules Section of
the
Texas Register
and will be open for an
additional 20 day public comment period prior to final adoption or repeal
by the Commission.
TRD-200104930
Timothy K. Irvine
General Counsel
Texas Savings and Loan Department
Filed: August 21, 2001
Office of Consumer Credit Commissioner
Title 7, Part 5
The Finance Commission of Texas has completed the review of Texas Administrative
Code, Title 7, Part 5, Chapter 82 (§§82.1-82.2), relating to Custody
of Criminal History Record Information; Open Records Requests; and Charges
pertaining to Administration, pursuant to the Appropriations Act of 1997,
House Bill 1, Article IX, Section 167.
Notice of the review was published in the July 6, 2001, issue of the
The commission readopts these sections, pursuant to the requirements of
Government Code, §2001.039, and finds that the reason for adopting these
rules continues to exists.
TRD-200104815
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: August 17, 2001
Title 37, Part 6
The Texas Department of Criminal Justice (department) has reviewed Chapter
160, concerning Receipt and Disbursement of Work Program Residents' Earned
Funds and amendments have been made to all existing sections. Chapter 153,
concerning Internal Inquiries has been reviewed and the agency's reason for
adopting continues to exist. Chapter 192, concerning Parole Board and Parole
Division Administrative Matters, containing only one section, has been repealed.
Chapter 195, concerning Parole, has been reviewed and §§195.72 -
195.75 have been readopted. The remaining sections contained amendments and
the repeal of §195.61. Chapter 197, concerning Mandatory Supervision,
contained only one section, which has been repealed. Any changes to the rules
as a result of this adopted review have been published in the
Texas Register
.
This review is in accordance with the requirements of the Texas Government
Code, §2001.039, and the General Appropriations Act, Article IX, §9-10.13,
76th Legislature, 1999.
TRD-200104771
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Filed: August 15, 2001
Title 22, Part 7
The State Committee of Examiners in the Fitting and Dispensing of Hearing
Instruments (committee) has completed and adopts the rules review of Title
22, Examining Boards, Part 7, State Committee of Examiners in the Fitting
and Dispensing of hearing Instruments, Chapter 141, Fitting and Dispensing
of Hearing Instruments. Notice of the proposed rules review was published
in the September 17, 1999, issue of the Texas Register (24 TexReg 7773).
As a result of the rules review, the committee adopted the repeal of §141.18,
amendments to §§141.1 - 141.8, 141.11, and 141.13 - 141.17, and
141.19 - 141.22, and new §141.18 The committee also adopts §§141.9
- 141.10, and 141.12 that were proposed for readoption without changes because
no needed revisions were identified during the review and no comments were
received and was published in the proposed preamble in the March 9, 2001,
issue of the
Texas Register
(26 TexReg 1955).
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. The department has determined that reasons for readopting
the sections continue to exist. The adopted preamble and rules are being published
in this same issue under the Adopted Rules Section.
TRD-200104946
Michael Shobe
Chairman
State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments
Filed: August 21, 2001
Title 28, Part 2
In accordance with the General Appropriation Act, Article IX, §167,
75th Legislature, the General Appropriations Act, Sections 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 June 15,
2001 issue of the
Texas Register
, (26 TexReg
4517) the Texas Workers' Compensation Commission (the commission) has reviewed
and considered for readoption the following sections in Title 28, Part II
of the Texas Administrative Code
CHAPTER 148. HEARINGS CONDUCTED BY THE STATE OFFICE OF ADMINISTRATIVE HEARINGS §148.1.
Scope and Applicability §148.2. Definitions §148.3. Requesting a
Hearing §148.4. Notice of Hearing §148.5. Statement of Matters Asserted §148.6.
Venue §148.7. Appearance and Representation §148.8. Withdrawal of
Hearing Request §148.9. Informal Disposition §148.10. Filing Instruments;
Furnishing Copies §148.11. APA Prehearing Conference §148.12. Request
for Alternative Dispute Resolution §148.13. Discovery and Production
of Documents and Tangible Things for Inspection, Copying or Photographing §148.14.
Subpoenas; Depositions §148.15. Ex Parte Communications §148.16.
Conduct and Decorum §148.17. Hearing Officer's Authority §148.18.
Parties' Rights in Hearings §148.19. Failure to Appear §148.20.
Recording the Hearing §148.21. Evidence §148.22. Decision of the
Hearing Officer §148.23. Proposal For Decision by the Hearing Officer §148.24.
Special Provisions for Administrative Penalties §148.25. Record of the
Hearing §148.26. Transcript or Duplicate of the Hearing Audiotape §148.27
Reimbursement, Travel Expenses, and Fees for Witnesses and Deponents §148.28.
Expenses to be Paid by Party Seeking Judicial Review CHAPTER 149. MEMORANDUM
OF UNDERSTANDING WITH THE STATE OFFICE OF ADMINISTRATIVE HEARINGS §149.1
General Statement §149.2 Definitions §149.3 Referral of Contested
Case to SOAH §149.4 Notice of Hearing §149.5 Filing Requirements §149.6
Hearings §149.7 Final Orders in Accordance with the Act §411.049, §413.031
and §415.034 §149.8 Proposals for Decision in Accordance with the
Act, §402.072, §407.046, and §408.023 §149.9 Custody of
the Hearing Record §149.10 Transition of Hearings from the Commission
to SOAH
The commission has assessed whether the reason for adopting or readopting
these rules continues to exist. The commission received one comment that addressed
several rules in Chapter 148 and Chapter 149.
CHAPTER 148
COMMENT:
The Commenter specifically objected to the re-adoption of §§148.1-148.5, §§148.7-148.10, §§148.12-148.14, §§148.17-148.19, §148.21,
and §148.25. These objections were based on a variety of issues ranging
from constitutional issues to conflicts with SOAH rules and processes. RESPONSE:
The commission disagrees that the need for the 17 mentioned rules no longer
exists and that the rules should not be re-adopted. However, the commission
does agree that the rules in Chapter 148 warrant re-visiting. By law, the
commission's procedural rules govern procedural matters if SOAH has adopted
the commission's procedural rules. The existing memorandum of understanding
(MOU) between SOAH and the commission was adopted through the rulemaking process
in 1995 and includes procedural matters. SOAH is currently in the active process
of amending their procedural rules, and the commission continues to monitor
the progress of that rulemaking effort. The commission plans to revisit the
MOU and the rules in both Chapter 148 and 149 as soon as the new SOAH rules
are adopted and become available. The commission believes that it is important
to maintain our current procedural rules in place until such time as we have
the opportunity to review the new SOAH rules that may re-define these areas.
The commission does not believe that it would be the most responsible use
of agency time and resources to make changes to commission rules based on
current SOAH rules that are known to be in the process of revision. The commenter
asked several questions and made several suggestions for amendments to the
rules. While these comments are beyond the scope of this review, they are
noted by the commission and will be made available to the team that reevaluates
the rules from Chapters 148 and 149 after the new SOAH rules become available.
CHAPTER 149
COMMENT:
The commenter's main objections were to the re-adoption of 17 rules in
Chapter 148. After commenting on the Chapter 148 rules the Commenter stated
that the foregoing comments apply equally to the proposed rules in Chapter
149.
RESPONSE:
The commission disagrees. As previously stated in the response to the public
comment received for the sections in Chapter 148, the Commission plans to
re-visit not only the rules in Chapter 148 but also the rules in Chapter 149
once the new SOAH procedural rules have been adopted. Again, the commission
does not believe it would be the most responsible use of agency time and resources
to make changes to commission rules based on current SOAH rules that are known
to be in the process of revision.
As a result of the review, the commission has determined that the reason
for adoption of these rules continues to exist. Therefore, the commission
readopts these rules If the commission determines that any of these rules
should be revised, the revision will be accomplished in accordance with the
Administrative Procedure Act.
TRD-200104910
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: August 20, 2001
Title 37, Part 3
In accordance with the General Appropriation Act, Article IX, Section 167,
75th Legislature, the Texas Youth Commission is adopting the review of Title
37, Part 3, Chapters 111, 117, 119, and 125 concerning Contracting for Services
Other Than Youth Services, Interstate Compact On Juveniles, and Agreements
With Other Agency. The proposed rule review was published in the June 22,
2001, issue of the
Texas Register
(26 TexReg
4747).
The Commission has determined that the reason for adopting these rules
continues to exist.
The Commission proposes no amendments, repeals, or withdraws to the chapter's
111, 117, 119, and 125.
Comments or questions pertaining to this notice should be directed to Sherma
Cragg, Policy and Manuals Manager, Texas Youth Commission, 4900 North Lamar,
P.O. Box 4260, Austin, Texas 78765 or e-mail sherma.cragg@tyc.state.tx.us.
TRD-200104831
Steve Robinson
Executive Director
Texas Youth Commission
Filed: August 17, 2001
Proposed Rule Reviews
Texas Certified Self-Insurer Guaranty Association
Office of the Governor
Texas Department of Health
Texas Savings and Loan Department
Adopted Rule Reviews
Texas Department of Criminal Justice
State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments
Texas Workers' Compensation Commission
Texas Youth Commission