The Texas Commission on Fire Protection (the "TCFP") readopts with changes Chapter 439, Examinations for Certification, of Title 37, Part 13 of the Texas Administrative Code, in accordance with Government Code, §2001.39, added by Acts 1999, 76th Legislature, Chapter 1499, Article I, §1.11. The proposed rules review was published in the May 24, 2002, issue of the Texas Register (27 TexReg 4594). No comments were received regarding readoption of the chapter.

The following sections of Chapter 439, Subchapter A, Examinations for On-Site Delivery Training, were reviewed: §439.1 Requirements - General, §439.3 Definitions, §439.5 Procedures, §439.7 Eligibility, §439.9, Grading, §439.11 Performance Skill Evaluation, §439.13 Testing for Proof of Proficiency, §439.15 Testing for Certification Status, and §439.17 Number of Test Questions.

The following sections of Chapter 439, Subchapter B, Examinations for Distance Training, were reviewed: §439.201 Requirements - General, §439.203 Procedures, and §439.205 Performance Skill Evaluation.

The TCFP determined that the original reasons for adoption of these rules continue to exist. As a result of the review process, the TCFP proposed amendments to §439.1 and §439.201, concerning the administration of examinations for certification. The proposed amendments were published in the May 24, 2002, issue of the Texas Register (27 TexReg 4547). No comments were received regarding the proposed amendments.

TRD-200204309

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Filed: July 9, 2002

The Texas Commission on Fire Protection (the "TCFP") readopts without change Chapter 491, Voluntary Regulation of State Agencies and State Agency Employees, of Title 37, Part 13 of the Texas Administrative Code, in accordance with Government Code, §2001.39, added by Acts 1999, 76th Legislature, Chapter 1499, Article I, §1.11. The proposed rules review was published in the April 26, 2002, issue of the Texas Register (27 TexReg 3589). No comments were received regarding readoption of the chapter.

The following sections of Chapter 491 were reviewed: §491.1 Election of Components for Voluntary Regulation, §491.3 Documentation, §491.5 Notification; and §491.7 Certification.

The TCFP determined that the original reasons for adoption of these rules continue to exist.

TRD-200204310

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Filed: July 9, 2002

The Texas Commission on Fire Protection (the "TCFP") readopts (with proposed future changes mentioned below) Chapter 493, Voluntary Regulation of Federal Agencies and Federal Agency Employees, of Title 37, Part 13 of the Texas Administrative Code, in accordance with Government Code, §2001.39, added by Acts 1999, 76th Legislature, Chapter 1499, Article I, §1.11. The proposed rules review was published in the April 26, 2002, issue of the Texas Register (27 TexReg 3589). No comments were received regarding readoption of the chapter.

The following sections of Chapter 493 were reviewed: §493.1 Election of Components for Voluntary Regulation, §493.3 Documentation, §493.5 Notification; and §493.7 Certification.

The TCFP determined that the original reasons for adoption of these rules continue to exist. As a result of the review process, the TCFP is proposing to change the name of the chapter to "Voluntary Regulation of Federal Agencies and Federal Fire Fighters." The proposed rule action will be published in a future edition of the Texas Register .

TRD-200204311

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Filed: July 9, 2002

The Texas Commission on Fire Protection (the "TCFP") readopts (with proposed future changes mentioned below) Chapter 495, Regulation of Nongovernmental Departments, of Title 37, Part 13 of the Texas Administrative Code, in accordance with Government Code, §2001.39, added by Acts 1999, 76th Legislature, Chapter 1499, Article I, §1.11. The proposed rules review was published in the April 26, 2002, issue of the Texas Register (27 TexReg 3589). No comments were received regarding readoption of the chapter.

The following sections of Chapter 495, Subchapter A, Voluntary Regulation of Nongovernmental Departments, were reviewed: §495.1 Application Procedures; §495.3 Notification; and §495.5 Nongovernmental Fire Protection Employees.

The following sections of Chapter 495, Subchapter B, Regulation of Nongovernmental Organizations and Nongovernmental Personnel, were reviewed: §495.201 Nongovernmental Organizations; §495.203 Nongovernmental Organization Employees; §495.205 Nongovernmental Personnel; and §495.207 Regulation and Certification.

The TCFP determined that the original reasons for adoption of these rules continue to exist. As a result of the review process, the TCFP is proposing changes to §495.1 to remove the reference to a key rate and changes to §495.207 to remove a certification deadline date. The TCFP is also proposing to shorten the title of Subchapter B to "Regulation of Nongovernmental Organizations and Personnel." The proposed rule actions will be published in a future edition of the Texas Register .

TRD-200204312

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Filed: July 9, 2002

Title 31, Part 18

The Texas Groundwater Protection Committee (TGPC or committee) adopts this rules review and readopts Chapter 601, Groundwater Contamination Report with amendments as concurrently published in the Adopted Rules section of this issue of the Texas Register .

This review of Chapter 601 is adopted in accordance with the requirements of Texas Government Code, §2001.039, which requires state agencies to review and consider for readoption each of their 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 and readopt was published in the March 15, 2002 issue of the Texas Register (27 TexReg 2083).

CHAPTER SUMMARY

The TGPC was created by the 71st Legislature in 1989 to bridge gaps between existing state groundwater programs and to optimize water quality protection by improving coordination among agencies involved in groundwater activities. The committee's rules in Chapter 601 define the conditions that constitute groundwater contamination for the purpose of inclusion of cases in the public files for each state agency having responsibilities related to the protection of groundwater. These rules also describe the contents of the committee's Joint Groundwater Monitoring and Contamination Report required under Texas Water Code (TWC), §26.406. The report describes the current status of groundwater monitoring activities conducted by or required by each agency at regulated facilities or associated with regulated activities; contains a description of each case of groundwater contamination documented during the previous calender year; contains a description of each case of contamination documented during the previous year for which enforcement action was incomplete at the time of issuance of the preceding report; and indicates the status of enforcement action for each case of contamination which is listed.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The committee determined that the reasons for the rules in Chapter 601 continue to exist. Chapter 601 is necessary because TWC, §26.406 specifically provides that the committee shall adopt rules defining the conditions that constitute groundwater contamination for purposes of inclusion of cases in the public files and the joint report required by this section. To meet this statutory requirement, the rules provide the definitions and applicability for maintaining public files on groundwater contamination cases and contents of the annual Joint Groundwater Monitoring and Contamination Report.

PUBLIC COMMENTS

The public comment period on the proposed rules review and readoption ended April 15, 2002. No comments on whether the reasons for the rules continue to exist were received.

TRD-200204250

Stephanie Bergeron

Director, Environmental Law Division

Texas Groundwater Protection Committee

Filed: July 8, 2002

Title 40, Part 20

The Texas Workforce Commission (Commission) adopts the review of Chapter 841 Workforce Investment Act, without changes as published in the May 24, 2002 issue of the Texas Register (27 TexReg 4595) in accordance with Texas Government Code §2001.039.

An assessment was made by the Commission as to whether the reasons for adopting or readopting the rules continue to exist. The rules reviewed were determined by the Commission to continue to be needed, reflective of current legal and policy considerations, and reflective of current procedures of the Commission.

No comments were received on the proposed review.

The rule review is adopted under Texas Labor Code §301.061 and §302.002, which provide the Texas Workforce Commission with the authority to adopt, amend, or repeal such rules as it deems necessary for the effective administration of Agency services and activities.

The rules affect Texas Labor Code, Titles 2 and 4 as well as Texas Government Code Chapter 2308.

For information about the Commission, please visit our web page at www.texasworkforce.org.

TRD-200204289

John Moore

Assistant General Counsel

Texas Workforce Commission

Filed: July 9, 2002