Agency Rule Review Plan
Texas Alternative Fuels Council
Title 31, Part 19
Filed: December 21, 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 1,
Chapter 295. Occupational Health, Subchapter D. Occupational Health Rules
and Guidelines, §§295.101-295.109; Subchapter E. Industrial Homework
Standards, §§295.121-295.126; and Subchapter F. Standards for Face
and Eye Protection in Public Schools, §§295.141-295.148.
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.
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to determine whether it is obsolete, whether the rule reflects current legal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 Rules 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-200008871
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: December 20, 2000
The Texas Department of Health (department) will review and consider for
readoption, revision or repeal Title 25, Texas Administrative Code, Part 1,
Chapter 337. Water Hygiene, Subchapter A. Drinking Water Standards Governing
Drinking Water Quality and Reporting Requirements for Public Water Supply
Systems §337.12 and §337.18.
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.
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 Rules 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-200008872
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: December 20, 2000
Title 40, Part 1
The Texas Department of Human Services files this notice of intention to
review Title 40 TAC, Chapter 92 (relating to Licensing Standards for Assisted
Living Facilities), Chapter 94 (relating to Nurse Aides), Chapter 95 (relating
to Licensing Standards for Medication Aides), Chapter 96 (relating to Licensing
Standards for Certification of Long Term Care Facilites), and Chapter 98 (relating
to Licensing Standards for Adult Day Care Facilities), pursuant to the Appropriations
Act of 1997, House Bill 1, Article IX, §167.
As required by §167, the Department will accept comments regarding
whether the reasons for adopting each of the rules in 40 TAC, Chapters 92,
94, 95, 96, and 98 continue to exist. The deadline for the comments is 30
days after this publication in the
Texas Register
.
Any questions or written comments pertaining to this notice of intention
to review Chapter 92 should be directed to Susan Syler, Long Term Care-Policy
Section, Texas Department of Human Services W-519, P.O. Box 149030, Austin,
Texas 78714-9030, or at (512) 438-3111.
Any questions or written comments pertaining to this notice of intention
to review Chapters 94 or 95 should be directed to Irma Bermea, Office of Program
Integrity, Texas Department of Human Services Y-969, P.O. Box 149030, Austin,
Texas 78714-9030, or at (512) 231-5736.
Any questions or written comments pertaining to this notice of intention
to review Chapters 96 and 98 should be directed to Maxcine Tomlinson, Long
Term Care-Policy Section, Texas Department of Human Services W-519, P.O. Box
149030, Austin, Texas 78714-9030, or at (512) 438-3169.
TRD-200008873
Paul Leche
General Counsel
Texas Department of Human Services
Filed: December 20, 2000
Title 16, Part 8
The Texas Racing Commission files this notice of intention to review Chapter
321. Pari-Mutuel Wagering in accordance with Chapter 1275, Acts of the 75th
Legislature, 1997, Section 55 and the General Appropriations Act of 1997,
Article IX, Acts of the 75th Legislature, 1997, Section 167 (167).
As part of this process, the Commission is proposing the repeal and replacement
of the entire Chapter. The proposed repeal of Chapter 321, the proposed new
Chapter 321 and a more detailed explanation of these proposals may be found
in the Proposed Rules section of the
Texas Register
. The Commission will accept comments on the Section 167 requirement
as to the reasons for repealing and replacing the sections in this chapter
and whether the provisions in the new sections continue to exist. Comments
may be submitted on or before February 1, 2001 to Judith Kennison, General
Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711-2080.
Any questions pertaining to this notice of intention to review should be
directed to Judith Kennison, General Counsel for the Texas Racing Commission,
P.O. Box 12080, Austin, Texas 78711-2080 or telephone (512) 833-6699.
TRD-200008908
Judith L. Kennison
General Counsel
Texas Racing Commission
Filed: December 21, 2000
Title 43, Part 1
Notice of Intention to Review: In accordance with the General Appropriations
Act of 1999, House Bill 1, Section 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,
Chapter 2, Environmental Policy, Chapter 11, Design, and Chapter 23, Travel
Information
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 Robert L. Wilson, Director, Design Division, Texas Department of Transportation,
125 E. 11th Street, Austin, Texas 78701-2483, or by phone at (512) 416-2576.
TRD-200008925
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: December 22, 2000
Texas Natural Resource Conservation Commission
Title 30, Part 1
The Texas Natural Resource Conservation Commission (commission) adopts
the rules review and readopts Chapter 86, Special Provisions for Contested
Case Hearings, Subchapter A, General; Subchapter B, Water Rights Adjudication;
and Subchapter D, Appeals of City Actions Relating to Water Pollution Control
and Abatement Outside the Corporate Limits of a City. The commission also
concurrently adopts the repeal of Chapter 86, Special Provisions for Contested
Case Hearings, Subchapter C, Water Rate Hearings; Subchapter E, Appeals of
Rules of the Edwards Underground Water District; and Subchapter F, Variance
Hearings in the Adopted Rules section of this issue of the
Texas Register
. The review was conducted in accordance with the requirements
of Texas Government Code, §2001.039; and the General Appropriations Act,
Article IX, §§9 - 10.13, 76th Legislature, 1999, which requires
state agencies to review and consider for readoption each of their rules every
four years. A review must include an assessment of whether the reasons for
the rules continue to exist. The proposed notice of intention to review was
published in the October 6, 2000 issue of the
Texas
Register
(25 TexReg 10198). The proposed repeals were published in
the September 22, 2000 issue of the
Texas Register
(25 TexReg 9417).
CHAPTER SUMMARY
Chapter 86 provides procedural rules for water rights adjudication, water
rate hearings, appeals of city actions relating to water pollution control
and abatements outside the corporate limits of a city, appeals of rules of
the Edwards Underground Water District, and variance hearings.
ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST
The provisions in Chapter 86 were originally adopted to provide procedures
for specialized types of contested case hearings that were created by statutes.
The commission determined that the reasons for the rules in Subchapter A,
General; Subchapter B, Water Rights Adjudication; and Subchapter D, Appeals
of City Actions Relating to Water Pollution Control and Abatement Outside
the Corporate Limits of a City continue to exist. However, some of the specialized
types of contested case hearings that were created by statute are either no
longer authorized by statute, superceded by other procedural rules adopted
by the commission, or rendered obsolete by other statutory provisions and
therefore the corresponding rule provisions are no longer needed. The commission
determined that the reasons for the rules in Subchapter C, Water Rate Hearings;
Subchapter E, Appeals of Rules of the Edwards Underground Water District;
and Subchapter F, Variance Hearings no longer exist. Concurrently, the commission
adopts the repeal of Subchapters C, E, and F in the Adopted Rules section
of this issue of the
Texas Register
.
PUBLIC COMMENT
The comment period for the rules review closed on November 6, 2000, and
the comment period for the repeals closed on October 23, 2000. A public hearing
for the repeals was held on October 17, 2000. No one attended the public hearing.
No comments on whether the reasons for the rules continue to exist were received.
TRD-200008895
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: December 21, 2000
The Texas Natural Resource Conservation Commission (commission) adopts
the rules review and readopts Chapter 299, Dams and Reservoirs, in accordance
with Texas Government Code, §2001.039, and the General Appropriations
Act, Article IX, §§9 - 10.13, 76th Legislature, 1999, which require
state agencies to review and consider for readoption each of its rules every
four years. The review must include an assessment of whether the reasons for
the rules continue to exist. The proposed notice of intention to review was
published in the September 8, 2000 issue of the
Texas Register
(25 TexReg 9018).
CHAPTER SUMMARY
Chapter 299, Dams and Reservoirs, Subchapters A - E, provides for the safe
construction, maintenance, repair and removal of dams located in the state.
Subchapter A includes the general provisions to the rules including definitions;
duties, obligations and liabilities of dam owners; and the requirement that
all specifications, and the construction, enlargement, alteration, repair
or removal of dams shall be under the supervision of an engineer registered
in the state. Subchapter B includes the classifications of dams, hazard classification
criteria, hydrologic criteria, evaluation of existing dams, interim alternatives,
emergency management, and variances. Subchapter C includes construction requirements
such as approval of plans and specifications, content of construction plans
and specifications, maintenance records, construction progress reports, plans
and/or specification changes and amendments, non compliance with approval
plans and specifications, deliberate impoundments, certificate of completions,
and record drawings and permanent reference marks. Subchapter D includes the
removal of dams and reservoirs. Subchapter E includes emergency actions.
ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST
The commission determined that the reasons for the rules in Chapter 299
continue to exist. The rules are needed to implement provisions of state law
including Texas Water Code, §12.052. Texas Water Code, §12.052 authorizes
the commission to enforce rules and orders and to perform all acts necessary
to provide for the safe construction, maintenance, repair, and removal of
dams.
PUBLIC COMMENT
The public comment period closed on October 9, 2000. No comments on the
assessment of whether the reasons for the rules continue to exist were received.
TRD-200008896
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: December 21, 2000
Title 40, Part 19
The Texas Department of Protective and Regulatory Services (TDPRS) adopts
the review of Title 40 Texas Administrative Code Chapter 709, Early and Periodic
Screening, Diagnosis, and Treatment Integrated Behavior Management Services
in Foster Care Settings. The proposed notice of review was published in the
September 1, 2000, issue of the
Texas Register
(25 TexReg 8746). No comments were received regarding the review of Chapter
709.
As part of the review process, TDPRS has found that the reasons for adopting
this chapter no longer exist and is repealing this chapter. The adopted repeals
may be found in the Adopted Rules section of this issue of the
Texas Register
.
This completes the review of 40 TAC Chapter 709, as required by the Texas
Government Code, §2001.039, and the General Appropriations Act of 1997,
Article IX, §167.
TRD-200008877
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Filed: December 20, 2000
Proposed Rule Reviews
Texas Department of Human Services
Texas Racing Commission
Texas Department of Transportation
Adopted Rule Reviews
Texas Department of Protective and Regulatory Services