TITLE rule-review

Proposed Rule Reviews

Credit Union Department

Title 7, Part 6

The Texas Credit Union Commission will review and consider Chapter 95, §§95.100 (Account Insurance), 95.200 (Appointment of Liquidating Agent), 95.300 (Share and Deposit Guaranty Credit Union), 95.301 (Authority for a Guaranty Credit Union), 95.302 (Powers), 95.303 (Subordination of Right, Title, or Interest), 95.304 (Accounting for Membership Investment Shares), 95.305 (Audited Financial Statements; Accounting Procedures; Reports), and 95.306 (Requirements of Member Credit Unions) of Title 7, Part 6 of the Texas Administrative Code in preparation for the Credit Union Commission's Rule Review as required by Section 2001.39, Government Code.

Comments or questions regarding these rules may be submitted in writing to Kerri T. Galvin, General Counsel, Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699, or electronically to Kerri.Galvin@tcud.state.tx.us.

TRD-200302463

Harold E. Feeney

Commissioner

Credit Union Department

Filed: April 15, 2003


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. Texas Department of Health, Chapter 61. Chronic Diseases, Subchapter A. Kidney Health Care Program, §§61.1 - 61.15.

This review is in accordance with the requirements of the Texas Government Code, §2001.039 regarding agency review of existing rules.

An assessment will be made by the department as to whether the reasons for adopting or readopting these rules continues 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 Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the committee.

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 committee.

TRD-200302488

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 16, 2003


Texas State Board of Medical Examiners

Title 22, Part 9

The Texas State Board of Medical Examiners proposes to review Chapter 179, (§§17 9.1-179.6), concerning Investigation Files, pursuant to the Texas Government Code, §2001.039.

The Texas State Board of Medical Examiners contemporaneously proposes amendments to §§179.1-179.4, the repeal and replacement of §179.5 and the repeal of §179.6, elsewhere in this issue of the Texas Register .

The agency's reason for adopting the rules contained in this chapter continues to exist.

Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC-901, Austin, Texas, 78768-2018.

TRD-200302405

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Filed: April 14, 2003


Texas Workers' Compensation Commission

Title 28, Part 2

The Texas Workers' Compensation Commission files this notice of intention to review the rules contained in chapter 41, concerning Practice and Procedure. This review is pursuant to the General Appropriations Act, Article IX, §167, 75th Legislature, the General Appropriations Act, Section 9-10, 76th Legislature, and Texas Government Code §2001.039 as added by SB-178, 76th Legislature.

The agency's reason for adopting the following rules contained in this chapter continues to exist and it proposes to readopt the following rules:

§41.1 Name Change

§41.5 Compliance and Suspension of Rules

§41.8 Contents of Rule-making Petitions

§41.10 Definitions

§41.15 Social Security Number

§41.20 Adjuster Identification

§41.25 Attorney Identification

§41.27 Employer's Identification

§41.30 Self-insureds

§41.35 Designation of Insurance Carriers' Austin Representative

§41.40 General Policy Concerning Communications

§41.45 Communication to Claimants

§41.55 Communication to Employers

§41.60 Communication to Insurance Carriers

§41.65 Communication to Health Care Provider

§41.70 Filing of Instruments

§41.75 Timely Filing

§41.80 Filing Subsequent to Final Order or Award

§41.85 Translation of Documents

§41.90 Responsibility of Translators

§41.95 Wage Information

The agency's reason for adopting the following rules no longer exists and therefore, the repeal of these rules is recommended:

§41.50 Carrier's Address

§41.101 Purpose

§41.105 Definitions

§41.110 Availability

§41.115 Inspection

§41.120 Duplication and Related Services

§41.125 Duplicating Charges

§41.130 Certified Copies

§41.135 Subpoenas for Confidential Records

§41.140 Record Checks

§41.150 Publications

§41.160 Annual Review of Charges

Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on May 27, 2003, and submitted to Nell Cheslock, Legal Services MS #4-D, Texas Workers' Compensation Commission, Southfield Building, 4000 South IH-35, Austin, Texas 78704-7491.

TRD-200302482

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: April 16, 2003


Adopted Rule Reviews

State Aircraft Pooling Board

Title 1, Part 9

The State Aircraft Pooling Board adopts the review of Chapters 181 and 183, concerning General Provisions and Rulemaking Procedure, respectively, pursuant to Texas Government Code §2001.039, regarding Agency Review of Existing Rules.

The proposed review was published in the March 7, 2003, issue of the Texas Register (28 TexReg 2129).

No comments were received regarding adoption of the rule review.

The agency finds the reason for adopting the rules continues to exist.

TRD-200302384

Jerry Daniels

Executive Director

State Aircraft Pooling Board

Filed: April 14, 2003


Texas Department of Banking

Title 7, Part 2

The Finance Commission of Texas (commission) has completed the review of Texas Administrative Code, Title 7, Chapter 12 (Loans and Investments), Subchapters A - D, comprised of §§12.1 - 12.11, concerning lending limits; §12.31 and §12.32, concerning loans; §12.61, concerning transition provisions; and §12.91, concerning other real estate owned.

Notice of the review was published in the October 11, 2002, issue of the Texas Register (27 TexReg 9637). The commission received no comments in response to the notice.

The commission believes that the reasons for initially adopting these rules continue to exist. However, the commission has determined that certain revisions are appropriate and necessary. Proposed new, amended and repealed sections in Chapter 12, with discussion of the justification for the proposed changes, are published in this issue of the Texas Register .

Subject to the proposed new, amended and repealed sections in Chapter 12, the commission finds that the reasons for initially adopting these rules continue to exist and readopts these sections without changes in accordance with the requirements of Government Code, §2001.039.

TRD-200302367

Everette D. Jobe

Certifying Official

Texas Department of Banking

Filed: April 11, 2003


Texas State Board of Medical Examiners

Title 22, Part 9

The Texas State Board of Medical Examiners adopts the review of Chapter 200, (§§200.1-200.3), concerning Standards for Physicians Practicing Integrative and Complementary Medicine, pursuant to the Texas Government Code, §2001.039.

The Texas State Board of Medical Examiners contemporaneously adopts and proposes amendments to §§200.1-200.3, elsewhere in this issue of the Texas Register .

The proposed review was published in the February 28, 2003, issue of the Texas Register (28 TexReg 1909).

No comments were received regarding adoption of the rule review.

The agency's reason for adopting the rules contained in this chapter continues to exist.

This concludes the review of Chapter 200, Standards for Physicians Practicing Integrative and Complementary Medicine.

TRD-200302404

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Filed: April 14, 2003


Texas Optometry Board

Title 22, Part 14

The Texas Optometry Board readopts the following rules comprising Chapters 273 and 275, Title 22, of the Texas Administrative Code, after reviewing the rules and finding that the reasons for initially adopting these rules continue to exist:

Chapter 273. General Rules

§273.1. Surrender of License.

§273.2. Use of Name of Retired or Deceased Optometrist.

§273.3. Contact Lenses as Prize or Premium.

§273.4. Fees (Not Refundable).

§273.5. Limited License for Clinical Faculty.

§273.6. Provisional License.

§273.7. Inactive Licenses.

§273.8. Renewal of License.

§273.9. Public Interest Information.

§273.10. Licensee Compliance with Guaranteed Student Loan Corporation.

§273.11. Public Participation in Meetings.

§273.12. Profile Information.

Chapter 275. Continuing Education

§275.1. General Requirements.

§275.2. Required Education.

The notice of rule review was published in the December 20, 2002, issue of the Texas Register (27 TexReg 12022).

No comments were received.

The rule review was conducted pursuant to Texas Gov't Code §2001.039.

As part of the rule review process, The Texas Optometry Board adopted amendments to §273.3, §273.5, §273.7, §273.8 and §275.1, to correct citations to the Texas Optometry Act as codified in the Texas Occupations Code. The agency also amended §275.1 such that the rule fully comports with §275.2. These adopted amendments were published in the April 4, 2003, Texas Register .

TRD-200302350

Chris Kloeris

Executive Director

Texas Optometry Board

Filed: April 9, 2003