TITLE rule-review

Proposed Rule Reviews

Texas Department of Banking

Title 7, Part 2

The Finance Commission of Texas (commission) files this notice of intention to review and consider for readoption, revision, or repeal, Texas Administrative Code, Title 7, Chapter 15 (Corporate Activities), specifically Subchapter C, comprised of §15.41 and §15.42, concerning Bank Offices; Subchapter D, comprised of §15.61 and §15.62, concerning Trust Company Applications; Subchapter E, comprised of §15.81, concerning Change of Control Applications; Subchapter F, comprised of §§15.101-15.117, concerning Applications for Merger, Conversion, and Purchase or Sale of Assets; and Subchapter G, comprised of §15.121 and §15.122, concerning Charter Amendments and Certain Changes in Outstanding Stock.

The commission undertakes its review pursuant to Government Code, §2001.039. The commission 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 Shannon Phillips, Assistant General Counsel, Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, or by email to shannon.phillips@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-200305342

Everette D. Jobe

Certifying Official

Texas Department of Banking

Filed: August 18, 2003


The Finance Commission of Texas (commission) files this notice of intention to review and consider for readoption, revision, or repeal, Texas Administrative Code, Title 7, Chapter 29 (Sale of Checks Act).

The commission undertakes its review pursuant to Government Code, §2001.039. The commission 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 Sarah Shirley, Assistant General Counsel, Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, or by email to sarah.shirley@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-200305341

Everette D. Jobe

Certifying Official

Texas Department of Banking

Filed: August 18, 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 135, Ambulatory Surgical Centers, Subchapter A, Operating Requirements for Ambulatory Surgical Centers, §§135.1 - 135.29; Subchapter B, Safety Requirements for New and Existing Ambulatory Surgical Centers, §§135.41 - 135.42; and Subchapter C, Physical Plant and Construction Requirements for New and Existing Ambulatory Centers, §§135.51 - 135.54.

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-200305384

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 20, 2003


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 313, Athletic Trainers, §§313.1 - 313.17.

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-200305385

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: August 20, 2003


Adopted Rule Reviews

Texas Department of Banking

Title 7, Part 2

The Finance Commission of Texas (commission), on behalf of the Texas Department of Banking (department), has completed the review of Texas Administrative Code, Title 7, Chapter 15 (Corporate Activities), Subchapter A, comprised of §§15.1-15.8, concerning Fees and Other Provisions of General Applicability, and Subchapter B comprised of §§15.23-15.24, concerning Bank Charters.

Notice of the review of Chapter 15, Subchapters A and B, was published in the May 9, 2003 issue of the Texas Register (28 TexReg 3849). No comments were received in response to the notice.

The department believes that the reasons for initially adopting these rules continue to exist. However, the department recognizes that the rules require minor amendments to conform statutory references to the 1999 codification of the Finance Code and is proposing conforming changes at the same time as this rule review adoption.

Subject to the proposed amendments to conform statutory references, published in this issue of the Texas Register , the commission finds that the reasons for initially adopting these rules continue to exist and readopts these rules without change in accordance with the requirements of Government Code, §2001.039.

TRD-200305223

Everette D. Jobe

Certifying Official

Texas Department of Banking

Filed: August 15, 2003


Texas Commission for the Blind

Title 40, Part 4

The Texas Commission for the Blind has completed its review of all rules in Chapter 159 of its rules pertaining to Administrative Rules and Procedures in accordance with the requirements of Texas Government Code, §2001.039, added by Acts 1999, 76th Leg., ch. 1499, §1.11(a).

The Board received no public comments in response to its notice of the proposed rule review filed in the February 14, 2003, issue of the Texas Register (28 TexReg 1533). The public was invited to make comments on the rules as they then existed in Title 40 TAC, Part 4, Chapter 159.

During the review period, the Commission adopted an amendment to §159.6 concerning payment rates for medical services provided to consumers. The rule as amended was adopted without changes to the proposed text as published in the February 28, 2003, issue of the Texas Register (28 TexReg 1822).

In its August 2003 meeting, the Commission concluded its review of the chapter and found that the reasons for adopting all remaining rules in the chapter continue to exist and they are hereby readopted without changes.

TRD-200305375

Terrell I. Murphy

Executive Director

Texas Commission for the Blind

Filed: August 19, 2003


Texas State Board of Examiners of Psychologists

Title 22, Part 21

The Texas State Board of Examiners of Psychologists adopts rule review to Board Rules 463.16-463.29 (concerning Licensing), and Chapter 469 (concerning Complaints Enforcement), in accordance with the Appropriations Act, Section 167. As part of this review process, the Board proposes new Rule 463.20, Refunds of Application and Examination Fees, and new Rule 469.15, Disciplinary Action for Persons with Dual Licensure. In addition, the Board proposes to amend the existing Rule 469.1, Timeliness of Complaints, Rule 469.3, Standardized Complaint Form, 469.4, Complaint Investigation, Rule 469.5, Complaint Disposition, Rule 469.6, Temporary Suspension of a License, Rule 469.7, Persons with Criminal Backgrounds, Rule 469.8, Rehabilitation Guidelines, Rule 469.13, Non-Compliance with Continuing Education Requirements, Rule 469.14, Monitoring of Licensees, and Rule 469.15, Disciplinary Action for Persons with Dual Licensure. The adopted amendments may be found in the Proposed Rules section of the Texas Register. The Board is not proposing any changes to existing Board rules 463.16-463.29, 469.2, 469.9, 469.10 and 469.12.

The proposed rule review appeared in the June 13,2003, issue of the Texas Register (28 TexReg 4572).

No comments were received regarding adoption of the rule review.

TRD-200305071

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Filed: August 12, 2003


Railroad Commission of Texas

Title 16, Part 1

The Railroad Commission of Texas (Commission) files this notice of completion of the review of §3.20, in accordance with Texas Government Code, §2001.039. The proposed review was published in the July 11, 2003, issue of the Texas Register (28 TexReg 5549). The Commission previously proposed some amendments to §3.20 which were published in the March 28, 2003, issue of the Texas Register (28 TexReg 2677) for a 60-day comment period. The Commission withdrew that proposal (28 TexReg 5519), but may consider amendments to §3.20 in the future. The Commission received no comments on the proposed review of §3.20 and has determined that the reasons for adopting this rule continue to exist.

Issued in Austin, Texas, on August 19, 2003.

TRD-200305373

Mary Ross McDonald

Deputy General Counsel

Railroad Commission of Texas

Filed: August 19, 2003