TITLE rule-review

Revised Agency Rule Review Plan

Texas Board of Pardons and Paroles

Title 37, Part 5

TRD-200304430

Filed: July 23, 2003


Proposed Rule Reviews

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 289. Radiation Control, Subchapter E. Registration Regulations, §§289.226, 289.227, 289.231, and Subchapter F. License Regulations, §289.257.

This review is in accordance with 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 Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the department.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-200304339

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 17, 2003


Texas Workers' Compensation Commission

Title 28, Part 2

Notice of Intention to Review

The Texas Workers' Compensation Commission files this notice of intention to review the rules contained in Chapter 130, concerning Impairment and Supplemental Income Benefits. 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.

CHAPTER 130 -IMPAIRMENT AND SUPPLEMENTAL INCOME BENEFTIS

§130.1 Certification of Maximum Medical Improvement and Evaluation of Permanent Impairment

§130.2 Certification of Maximum Medical Improvement and Evaluation of Permanent Impairment by the Treating Doctor

§130.3 Certification of Maximum Medical Improvement and Evaluation of Permanent Impairment by a Doctor other than the Treating Doctor

§130.4 Presumption that Maximum Medical Improvement (MMI) has been Reached and Resolution when MMI has not been Certified

§130.5 Entitlement and Procedure for Requesting Designated Doctor Examinations related to Maximum Medical Improvement and Impairment Rating

§130.6 Designated Doctor Examinations for Maximum Medical Improvement and/or Impairment Ratings

§130.7 Acceleration of Impairment Income Benefits

§130.8 Initiating Payment of Impairment Income Benefits

§130.10 Commission Review of Employment Status during the Impairment Income Benefits Period

§130.11 Agreement for Monthly Payment of Impairment Income Benefits

§130.100 Applicability

§130.101 Definitions

§130.102 Eligibility for Supplemental Income Benefits; Amount

§130.103 Determination of Entitlement or Non-entitlement for the First Quarter

§130.104 Determination of Entitlement or Non-entitlement for Subsequent Quarters

§130.105 Failure to Timely File Application for Supplemental Income Benefits; Subsequent Quarters

§130.106 Permanent Loss of Entitlement to Supplemental Income Benefits

§130.107 Payment of Supplemental Income Benefits

§130.108 Contesting Entitlement or Amount of Supplemental Income Benefits; Attorney fEES

§130.109 Reinstatement of Entitlement if Discharged with Intent to Deprive of Supplemental Income Benefits

§130.110 Return to Work Disputes During Supplemental Income Benefits' Designated Doctor

The agency's reason for adopting the rules contained in this chapter continues to exist and it proposes to readopt these rules. Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on September 1, 2003 and submitted to Nell Cheslock, Legal Services, Office of General Counsel, Mailstop #4-D, Texas Workers' Compensation Commission, Southfield Building, 4000 South IH 35, Austin, Texas 78704-7491.

TRD-200304438

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: July 23, 2003


Notice of Intention to Review

The Texas Workers' Compensation Commission files this notice of intention to review the rules contained in Chapter 131, concerning Benefits-Lifetime Income Benefits, and Chapter 132, concerning Death Benefits-Death and Burial Benefits. 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.

CHAPTER 131 - BENEFITS--LIFETIME INCOME BENEFITS

§131.1 Initiation of Lifetime Income Benefits

§131.2 Calculation of Lifetime Income Benefits

§131.3 Carrier's Petition for Payment of Benefits by the Subsequent Injury Fund

§131.4 Change in Payment Period; Purchase of Annuity for Lifetime Income Benefits

CHAPTER 132 - DEATH BENEFITS--DEATH AND BURIAL BENEFITS

§132.1 Calculation of Death Benefits

§132.2 Determination of Facts of Dependent Status

§132.3 Eligibility of Spouse To Receive Death Benefits

§132.4 Eligibility of a Child To Receive Death Benefits

§132.5 Eligibility of a Grandchild To Receive Death Benefits

§132.6 Eligibility of Other Surviving Dependents To Receive Death Benefits

§132.7 Duration of Death Benefits for Eligible Spouse

§132.8 Duration of Death Benefits for an Eligible Child

§132.9 Duration of Death Benefits for an Eligible Grandchild and any Other Eligible Dependents

§132.10 Payment of Death Benefits to the Subsequent Injury Fund

§132.11 Distribution of Death Benefits

§132.12 Redistribution of Death Benefits

§132.13 Burial Benefits

§132.14 Autopsy

§132.15 Definitions

§132.16 Change in Payment Periods; Purchase of Annuity for Death Benefits

§132.17 Denial, Dispute, and Payment of Death Benefits

The agency's reason for adopting the rules contained in these chapters continues to exist and it proposes to readopt these rules. Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on September 1, 2003 and submitted to Nell Cheslock, Legal Services, Office of General Counsel, Mailstop #4-D, Texas Workers' Compensation Commission, Southfield Building, 4000 South IH 35, Austin, Texas 78704-7491.

TRD-200304414

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: July 22, 2003


Adopted Rule Reviews

Credit Union Department

Title 7, Part 6

The Credit Union Commission has completed the review of Texas Administrative Code Title 7, Chapter 95, §95.100, relating to account insurance; §95.200, relating to appointment of liquidating agent; §95.300, relating to share and deposit guaranty credit union; §95.301, relating to authority for a guaranty credit union; §95.302, relating to powers; §95.303, relating to subordination of right, title, or interest; §95.304, relating to accounting for membership investment shares; §95.305, relating to audited financial statements; accounting procedures; and reports; and §95.306, relating to requirements of member credit unions. Notice of the proposed review was published in the April 25, 2003, issue of the Texas Register (28 TexReg 3531).

The Commission received no comments with respect to these rule. The Department believes that the reasons for initially adopting these rules continue to exist. The Commission finds that the reasons for initially adopting 7 TAC §§95.100, 95.200, 95.300, 95.301, 95.302, 95.303, 95.304, 95.305 and 95.306 continue to exist and readopts these sections without changes pursuant to the requirements of Government Code, §2001.039.

TRD-200304400

Harold E. Feeney

Commissioner

Credit Union Department

Filed: July 21, 2003


State Securities Board

Title 7, Part 7

Pursuant to the notice of proposed rule review published in the Texas Register (28 TexReg 2748) March 28, 2003, the State Securities Board (Board) has reviewed and considered for readoption, revision, or repeal, all sections of the following chapters of Title 7, Part 7 of the Texas Administrative Code, in accordance with Texas Government Code, §2001.039: Chapter 113, Registration of Securities; Chapter 114, Federal Covered Securities; Chapter 123, Administrative Guidelines for Registration of Open-End Investment Companies; Chapter 125, Minimum Disclosures in Church and Nonprofit Institution Bond Issues; Chapter 135, Industrial Development Corporations and Authorities; and Chapter 137, Administrative Guidelines for Regulation of Offers.

The Board considered, among other things, whether the reasons for adoption of these rules continue to exist. After its review, the Board finds that the reasons for adopting these rules continue to exist and readopts these chapters, without changes, pursuant to the requirements of the Government Code.

No comments were received regarding the readoption of these chapters.

This concludes the review of 7 TAC Chapters 113, 114, 123, 125, 135, and 137.

TRD-200304396

Denise Voigt Crawford

Securities Commissioner

State Securities Board

Filed: July 21, 2003