TITLE rule-review

Proposed Rule Reviews

Texas Education Agency

Title 19, Part 2

The Texas Education Agency (TEA) proposes the review of 19 TAC Chapter 74, Curriculum Requirements, pursuant to the Texas Government Code, §2001.039.

As required by the Texas Government Code, §2001.039, the TEA will accept comments as to whether the reason for adopting 19 TAC Chapter 74 continues to exist. The comment period will last for 30 days beginning with the publication of this notice.

Comments or questions regarding this rule review may be submitted to Cristina De La Fuente-Valadez, Accountability Reporting and Research, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 463-9701. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 475-3499.

TRD-200201895

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Filed: March 25, 2002


Board of Nurse Examiners

Title 22, Part 11

The Board of Nurse Examiners will review and consider whether to re-adopt, re-adopt with amendments, or repeal title 22 of the Texas Administrative Code, part 11, chapter 213, relating to Practice and Procedure. This review is done pursuant to Texas Government Code § 2001.029.

The Board will assess whether the reason(s) for adopting or re-adopting this chapter continues to exist. Each section of the chapter will be reviewed to determine whether it is obsolete, reflects current legal and policy considerations, reflects current procedures and practices of the Board, and/or whether it is in compliance with chapter 2001 of the Texas Government Code (Administrative Practice Act).

Comments on the review may be submitted in writing within 30 days following the publication of this rule review in the Texas Register to Katherine Thomas, Executive Director, 333 Guadalupe, Ste. 3-460, Austin, Texas 78701. Any proposed changes to the sections of this chapter 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 of any repeal, amendment, or re-adoption.

TRD-200201771

Katherine A. Thomas, MN, RN

Executive Director

Board of Nurse Examiners

Filed: March 22, 2002


Board of Nurse Examiners

Title 22, Part 11

The Board of Nurse Examiners will review and consider whether to re-adopt, re-adopt with amendments, or repeal title 22 of the Texas Administrative Code, part 11, chapter 215, relating to Nurse Education. This review is done pursuant to Texas Government Code § 2001.039.

The Board will assess whether the reason(s) for adopting or re-adopting this chapter continues to exist. The Advisory Committee on Education (ACE) is reviewing each section of this chapter to determine whether it is obsolete, reflects current legal and policy considerations, reflects current procedures and practices of the Board, and/or whether it is in compliance with chapter 2001 of the Texas Government Code (Administrative Practice Act).

Comments on the review may be submitted in writing within 30 days following the publication of this rule review in the Texas Register to Katherine Thomas, Executive Director, 333 Guadalupe, Ste. 3-460, Austin, Texas 78701. Any proposed changes to the sections of this chapter 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 of any repeal, amendment, or re-adoption.

TRD-200201772

Katherine A. Thomas, MN, RN

Executive Director

Board of Nurse Examiners

Filed: March 22, 2002


Railroad Commission of Texas

Title 16, Part 1

The Railroad Commission of Texas (Commission) files this notice of intention to review §3.21, relating to Fire Prevention and Swabbing. 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 Mark Helmueller, Hearings Examiner, Office of General Counsel, Railroad Commission of Texas, P. O. Box 12967, Austin, Texas 78711-2967 or via electronic mail at mark.helmueller@rrc.state.tx.us. Comments are due no later than 5 p.m. on the 30th day after publication in the Texas Register .

Issued in Austin, Texas, on March 21, 2002.

TRD-200201762

Mary Ross McDonald

Deputy General Counsel

Railroad Commission of Texas

Filed: March 21, 2002


Adopted Rule Reviews

Texas Department of Protective and Regulatory Services

Title 40, Part 19

The Texas Department of Protective and Regulatory Services (PRS) adopts the review of Title 40 Texas Administrative Code Chapter 738, Civil Rights. The proposed notice of review was published in the November 9, 2001, issue of the Texas Register (26 TexReg 9231). This review is pursuant to the Texas Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167. No comments were received regarding the readoption of this chapter.

Chapter 738 satisfies the requirements of the Human Resources Code, Chapter 40, which authorizes the department to adopt rules to facilitate implementation of departmental programs. The board has reviewed Chapter 738 and determined that the initial reasons for adoption of this chapter continue to exist. However, as part of the rule review process, PRS is repealing Chapter 738, and proposing new civil rights rules in Chapter 702, General Administration. The proposed repeals and new sections may be found in the Proposed Rules section of this issue of the Texas Register .

This concludes the board's review of 40 TAC Chapter 738, as required by the Texas Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167.

TRD-200201778

C. Ed Davis

Deputy Director, Legal Services

Texas Department of Protective and Regulatory Services

Filed: March 22, 2002


Texas Department of Protective and Regulatory Services

Title 40, Part 19

The Texas Department of Protective and Regulatory Services (PRS) adopts the review of Title 40 Texas Administrative Code Chapter 744, Ombudsman Services. The proposed notice of review was published in the November 9, 2001, issue of the Texas Register (26 TexReg 9231). This review is pursuant to the Texas Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167. No comments were received regarding the readoption of this chapter.

Chapter 744 satisfies the requirements of the Human Resources Code, Chapter 40, which authorizes the department to adopt rules to facilitate implementation of departmental programs. The board has reviewed Chapter 744 and determined that the initial reasons for adoption of this chapter continue to exist. However, as part of the rule review process, PRS is repealing Chapter 744, and proposing new ombudsman services rules in Chapter 702, General Administration. The proposed repeals and new sections may be found in the Proposed Rules section of this issue of the Texas Register .

This concludes the board's review of 40 TAC Chapter 744, as required by the Texas Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167.

TRD-200201779

C. Ed Davis

Deputy Director, Legal Services

Texas Department of Protective and Regulatory Services

Filed: March 22, 2002


Texas Department of Protective and Regulatory Services

Title 40, Part 19

The Texas Department of Protective and Regulatory Services (PRS) adopts the review of Title 40 Texas Administrative Code Chapter 701, Community Initiatives. The proposed notice of review was published in the November 9, 2001, issue of the Texas Register (26 TexReg 9231). This review is pursuant to the Texas Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167. No comments were received regarding the readoption of this chapter.

Chapter 701 satisfies the requirements of the Human Resources Code, Chapter 40, which authorizes the department to adopt rules to facilitate implementation of departmental programs. The board has reviewed Chapter 701 and determined that the initial reasons for adoption of this chapter continue to exist.

This concludes the board's review of 40 TAC Chapter 701, as required by the Texas Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167.

TRD-200201780

C. Ed Davis

Deputy Director, Legal Services

Texas Department of Protective and Regulatory Services

Filed: March 22, 2002