The Texas Education Agency (TEA) proposes the review of 19 TAC Chapter 109, Budgeting, Accounting, and Auditing, pursuant to the Texas Government Code, §2001.039. The rules being reviewed in 19 TAC Chapter 109 are organized under the following subchapters: Subchapter A, Budgeting, Accounting, Financial Reporting, and Auditing for School Districts; Subchapter B, Texas Education Agency Audit Functions; Subchapter C, Adoptions By Reference; and Subchapter D, Uniform Bank Bid and Depository Contract.

As required by the Texas Government Code, §2001.039, the TEA will accept comments as to whether the reason for adopting 19 TAC Chapter 109 continues to exist. The comment period begins with the publication of this notice and must last a minimum of 30 days.

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-200202931

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Filed: May 13, 2002

Title 37, Part 13

The Texas Commission on Fire Protection (the "TCFP") will review and consider for readoption, review, or repeal sections of Chapter 427, Training Facility 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 following sections of Chapter 427, Subchapter A, On- Site Certified Training Provider, shall be reviewed: §427.1 Minimum Standards for On-Site Certified Training Facilities for Fire Protection Personnel, §427.3 Facilities, §427.5 Apparatus, §427.7 Protective Clothing, §427.9, Equipment, §427.11 Reference Material, §427.13 Records, §427.15 Testing Procedures, §427.17 Staff, and §427.19 General Information.

The following sections of Chapter 427, Subchapter B, Distance Training Provider, shall be reviewed: §427.201 Minimum Standards for Distance Training Provider, §427.203 Records, §427.205 Testing Procedures, §427.207 Staff, and §427.209 General Information.

As required by the above authorities, the TCFP will consider, among other things, whether the reasons for adoption of these rules continue to exist. As part of the review process, the TCFP is proposing changes to §427.19 and §427.209, concerning revocation of training facility certifications. The proposals will be published in the May 24, 2002, issue of the Texas Register . Comments on the proposal may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Gary L. Warren, Sr., Executive Director.

Any questions pertaining to this notice of intention to review should be directed to the Texas Register Liaison, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas 78768-2286 or e-mailed to info@tcfp.state.tx.us .

TRD-200202886

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Filed: May 9, 2002

The Texas Commission on Fire Protection (the "TCFP") will review and consider for readoption, review, or repeal sections of 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, Section 1.11.

The following sections of Chapter 439, Subchapter A, Examinations for On-Site Delivery Training, shall be 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, shall be reviewed: §439.201 Requirements - General, §439.203 Procedures, and §439.205 Performance Skill Evaluation.

As required by the above authorities, the TCFP will consider, among other things, whether the reasons for adoption of these rules continue to exist. As part of the review process, the TCFP is proposing changes to §439.1 and §439.201, concerning the administration of examinations for certification. The proposals will be published in the May 24, 2002, issue of the Texas Register . Comments on the proposal may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Gary L. Warren, Sr., Executive Director.

Any questions pertaining to this notice of intention to review should be directed to the Texas Register Liaison, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas 78768-2286 or e-mailed to info@tcfp.state.tx.us .

TRD-200202974

Gary L. Warren, Sr.

Executive Director

Texas Commission on Fire Protection

Filed: May 13, 2002

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 1. Texas Board of Health, Subchapter E. Use of Departmental Facilities, §1.71, Subchapter F. Petition for Adoption of a Rule, §1.81, Subchapter M. Payment Of Franchise Taxes By Corporations Contracting With The Department Or Applying For A License From The Department, §1.161, Subchapter O. Procurement of Professional Services, §1.181, and Subchapter R. Standards For Conduct Governing The Relationship Between The Texas Department Of Health And Private Donors And Private Organizations, §§1.221 - 1.228.

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.

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-200203028

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: May 15, 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 17, Tax Relief for Property Used for Environmental Protection. This review of Chapter 17 is proposed 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.

CHAPTER SUMMARY

Chapter 17 establishes the procedures and mechanisms for owners of pollution control property to apply to the commission for a determination of pollution control use, which may entitle individuals/entities to a tax exemption. This chapter contains requirements for submitting an application for use determination; provisions for the application review schedule and review standards; and provisions for partial determinations, application fees, and appeals process.

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 17 continue to exist. The rules are needed to implement the property tax exemption for pollution control property which is authorized under Texas Tax Code (TTC), §11.31. TTC, §11.31(g) requires the commission to adopt rules to implement §11.31. As long as TTC, §11.31 is in effect, Chapter 17 is required.

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 17 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 2002-009-017- AD. Comments must be received in writing by 5:00 p.m., June 24, 2002. For further information or questions concerning this proposal, please contact Debi Dyer, Policy and Regulations Division, at (512) 239-3972.

TRD-200202911

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 10, 2002

Title 16, Part 1

The Railroad Commission of Texas files this notice of intention to review and readopt 16 TAC Chapter 15 relating to Alternative Fuels Research and Education Division. This review and consideration is being conducted in accordance with Texas Government Code §2001.039.

The agency's reasons for adopting these rules continue to exist; however, in a separate but concurrent rulemaking, the Commission has proposed some amendments to §§15.5, 15.30, 15.41, 15.45, 15.55, 15.60, 15.65, 15.70, 15.90, 15.95, 15.100, 15.105, 15.120, 15.160, 15.205, 15.220, 15.305, 15.405, 15.420, 15.425, 15.430, and 15.445. The proposed amendments will be filed with the Texas Register concurrently with this proposed review.

Comments may be submitted to Dan Kelly, Director, Alternative Fuels Research and Education Division, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967 or dan.kelly@rrc.state.tx.us. Comments will be accepted for 30 days after publication of this notice in the Texas Register .

Issued in Austin, Texas, on May 9, 2002.

TRD-200202868

Mary Ross McDonald

Deputy General Counsel

Railroad Commission of Texas

Filed: May 9, 2002

Title 40, Part 20

The Texas Workforce Commission (Commission) files this notice of its intent to review Chapter 841 Workforce Investment Act, in accordance with Texas Government Code §2001.039.

An assessment will be made by the Commission as to whether the reasons for adopting or readopting the 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 Commission.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to John Moore, Acting General Counsel, Texas Workforce Commission, 101 East 15th Street, Room 608, Austin, Texas, 78778-0001; via facsimile at (512) 463-2220; or via e-mail at john.moore@twc.state.tx.us.

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

TRD-200202991

John Moore

Acting General Counsel

Texas Workforce Commission

Filed: May 14, 2002

The Texas Natural Resource Conservation Commission (commission) adopts the rules review and readopts Chapter 336, Radioactive Substance Rules. This review of Chapter 336 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. The proposal was published in the February 22, 2002 issue of the Texas Register (27 TexReg 1353).

CHAPTER SUMMARY

Except as specifically provided, Chapter 336 provides requirements to all persons who dispose of radioactive substances, except byproduct material defined by §336.2(13)(B) and applies to any application to issue, amend, modify, renew, correct, endorse, or transfer a license, or other authorization or approval of the commission relating to the disposal of radioactive material under Texas Health and Safety Code (THSC), Chapter 401.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission determined that the reasons for the rules in Chapter 336 continue to exist. These rules are needed to fulfill the duties placed on the commission by THSC, Chapter 401 and to enable Texas to maintain Agreement State status under the Atomic Energy Act of 1954. The rules in Chapter 336 implement provisions of the THSC, Texas Radiation Control Act, Chapter 401, including THSC, §401.011, which provides the commission the authority to regulate and license the disposal of radioactive substances; §401.051, which authorizes the commission to adopt rules and guidelines relating to control of sources of radiation; §401.103, which authorizes the commission to adopt rules and guidelines that provide for licensing and registration for the control of sources of radiation; §401.104, which requires the commission to provide rules for licensing for the disposal of radioactive material; §401.201, which provides authority to the commission to regulate the disposal of low-level radioactive waste; and §401.412, which provides authority to the commission to regulate licenses for the disposal of radioactive substances.

At its meeting on April 6, 2002, the Texas Radiation Advisory Board recommended the commission approve the rules review and readopt Chapter 336.

PUBLIC COMMENT

The public comment period closed on March 25, 2002. No comments were received.

TRD-200202910

Stephanie Bergeron

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 10, 2002