Agency Rule Review Plans
Texas Health Care Information Council
Title 25, Part 16
Filed: April 22, 2002
Title 22, Part 14
Filed: April 23, 2002
Texas Department of Banking
Title 7, Part 2
The Texas Department of Banking, on behalf of the Finance Commission of
Texas (commission), files this notice of intention to review Texas Administrative
Code, Title 7, Chapter 21 (Trust Company Corporate Activities), specifically
Subchapter G, comprised of §21.91 and §21.92 concerning charter
amendments and certain changes in outstanding stock.
The commission undertakes its review of these rules pursuant to Government
Code, §2001.039. The department will accept comments for 30 days following
the publication of this notice in the
Texas Register
as to whether the reasons for adopting the sections under review continue
to exist.
Any questions or written comments pertaining to this notice of intention
to review should be directed to Robin Robinson, Assistant General Counsel,
Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705,
or by email to robin.robinson@banking.state.tx.us. Any changes to rules proposed
as a result of the review will be published in the Proposed Rules Section
of the
Texas Register
and will be open for
a separate 30-day comment period prior to final adoption or repeal by the
commission.
TRD-200202495
Everette D. Jobe
Certifying Official
Texas Department of Banking
Filed: April 23, 2002
Title 30, Part 1
The Texas Natural Resource Conservation Commission (commission) files this
notice of intention to review and proposes the readoption of Chapter 12, Payment
of Fees.
This review of Chapter 12 is proposed in accordance with the requirements
of Texas Government Code, §2001.039 (added by Acts 1999, 76th Legislature,
Chapter 1499, §1.11(a)), 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.
CHAPTER SUMMARY
Chapter 12, Payment of Fees, outlines applicability, penalties and interest
on delinquent fees, and consistency of penalties and interest with the tax
code. The chapter applies to those fees owed the state under the commission's
jurisdiction. The chapter imposes an initial late penalty of 5%; an additional
5% if further delinquent; and interest on delinquent fees. However, penalties
and/or interest may not exceed provisions in the Texas Tax Code and may be
waived by the executive director for good cause.
PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO
EXIST
The commission conducted a preliminary review and determined that the reasons
for the rules in Chapter 12 continue to exist. Chapter 12 implements rules
for charging penalties and/or interest on delinquent fees in accordance with
Texas Water Code, §5.701(a)(2), which requires the commission to "establish
uniform and consistent requirements for the assessment of penalties and interest
for late payment of fees owed the state under the commission's jurisdiction."
PUBLIC COMMENT
This proposal is limited to the review in accordance with the requirements
of Texas Government Code, §2001.039. The commission invites public comment
on whether the reasons for the rules in Chapter 12 continue to exist. Comments
may be submitted to Patricia Durón, Office of Environmental Policy,
Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711- 3087
or faxed to (512) 239-4808. All comments should reference Rule Log Number
2002-015-012- AD. Comments must be received in writing by 5:00 p.m., June
3, 2002. For further information or questions concerning this proposal, please
contact Debi Dyer, Policy and Regulations Division, at (512) 239-3972.
TRD-200202513
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: April 23, 2002
The Texas Natural Resource Conservation Commission (commission) files this
notice of intention to review and proposes the readoption of Chapter 40, Alternative
Dispute Resolution Procedure. This review of Chapter 40 is proposed in accordance
with the requirements of Texas Government Code, §2001.039, added by Acts
1999, 76th Legislature, Chapter 1499, §1.11(a), 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.
CHAPTER SUMMARY
Chapter 40 provides for the procedures for the use of alternative dispute
resolution (ADR) in resolving contested matters before the agency. This chapter
contains provisions for the referral of a contested matter for ADR; the appointment
and qualifications of mediators; the commencement of ADR proceedings; agreements
reached during the proceedings; and confidentiality of communications in ADR
procedures.
PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO
EXIST
The commission conducted a preliminary review and determined that the reasons
for the rules in Chapter 40 continue to exist. The rules are needed to implement
Texas Government Code, Chapter 2009, Alternative Dispute Resolution for Use
by Governmental Bodies. Chapter 2009 was enacted specifically to establish
the state policy that disputes before governmental bodies be resolved as fairly
and expeditiously as possible and that each governmental body support this
policy by developing and using ADR procedures in appropriate aspects of the
governmental body's operations and programs. Chapter 40 establishes procedures
for the use of ADR in resolving contested matters before the agency.
PUBLIC COMMENT
This proposal is limited to the review in accordance with the requirements
of Texas Government Code, §2001.039. The commission invites public comment
on whether the reasons for the rules in Chapter 40 continue to exist. Comments
may be submitted to Angela Slupe, Office of Environmental Policy, Analysis,
and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed
to (512) 239-4808. All comments should reference Rule Log Number 2002-013-040-AD.
Comments must be received in writing by 5:00 p.m., June 3, 2002. For further
information or questions concerning this proposal, please contact Debra Barber,
Policy and Regulations Division, at (512) 239-0412.
TRD-200202514
Stephanie Bergeron
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: April 23, 2002
Title 31, Part 10
The Texas Water Development Board (Board) files this notice of intent to
review 31 TAC, Part 10, Chapter 368, Flood Mitigation Assistance Program,
in accordance with the Texas Government Code, §2001.039. The Board finds
that the reason for adopting the chapter continues to exist because it governs
the Board's responsibilities for administering the program. The Board concurrently
proposes amendments to §§368.1, 368.2, and 368.9. The amendments
are proposed for clarification consistent with directives from the Federal
Emergency Management Agency.
As required by §2001.039 of the Texas Government Code, the Board will
accept comments and make a final assessment regarding whether the reason for
adopting each of the rules in Chapter 368 continues to exist. The comment
period will last 30 days beginning with the publication of this notice of
intention to review.
Comments or questions regarding this rule review may be submitted to Suzanne
Schwartz, General Counsel, Texas Water Development, P.O. Box 13231, Austin,
Texas, 78711-3231, by e-mail to suzanne.schwartz@twdb.state.tx.us or by fax
@ 512/463-5580.
TRD-200202447
Suzanne Schwartz
General Counsel
Texas Water Development Board
Filed: April 22, 2002
Texas Optometry Board
Proposed Rule Reviews
Texas Natural Resource Conservation Commission
Texas Water Development Board
Adopted Rule Review