TITLE rule-review

Agency Rule Review Plan

Texas State Board of Public Accountancy

Title 22, Part 22

TRD-200300487

Filed: January 24, 2003


Proposed Rule Reviews

Employees Retirement System of Texas

Title 34, Part 4

The Employees Retirement System of Texas files this notice of intent to review the rules contained in Chapter 85 (Flexible Benefits). This review is pursuant to Section 2001.039, Texas Government Code, as added by Chapter 1499, Acts of the 76th Legislature, Regular Session (1999).

Chapter 85. Flexible Benefits

§85.1. Introduction and Definitions

§85.3. Eligibility and Participation

§85.5. Benefits

§85.7. Enrollment

§85.9. Payment of Claims from Reimbursement Accounts

§85.11. Administration

§85.13. Funding

§85.15. Termination and Amendment of Plan

§85.17. Grievance Procedure

§85.19. Termination of Coverage

Comments relating to whether these rules should be repealed, readopted, or readopted with changes must be received by 5:00 p.m. on March 10, 2003, and submitted to Paula Jones, General Counsel, Employees Retirement System of Texas, 18th & Brazos, P.O. Box 13207, Austin, Texas 78711-3207.

TRD-200300690

Paula A. Jones

General Counsel

Employees Retirement System of Texas

Filed: January 28, 2003


General Land Office

Title 31, Part 1

In accordance with Section 2001.039 Government Code, the Texas General Land Office (GLO) submits the following Notice of Intent to Review the rules found in 31 TAC, Part 1, Chapter 1 relating to Executive Administration.

Review of the rules under this chapter will determine whether the reasons for adoption of the rules continues to exist. During the review process, the GLO may also determine that a specific rule may need amended to further refine the directives and goals of the GLO, that no changes to a rule as currently in effect are necessary or that a rule is no longer valid or applicable. Rules will also be combined or reduced for simplification and clarity when feasible. Readopted rules will be noted in the Texas Register's Rules Review section without publication of the text. Any proposed amendments or repeal of a rule or chapter as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30-day public comment prior to final adoption or repeal.

The GLO invites suggestions from the public during the review process and will address any comments received. Any questions or comments should be directed to Melinda Tracy, General Land Office, 1700 North Congress, Room 626, Austin, Texas, 78701-1495, (512) 305-9129 within 30 days of publication.

In accordance with Section 2001.039 Government Code, the Texas General Land Office (GLO) submits the following Notice of Intent to Review the rules found in 31 TAC, Part 1, Chapter 9 relating to Exploration.

Review of the rules under this chapter will determine whether the reasons for adoption of the rules continues to exist. During the review process, the GLO may also determine that a specific rule may need amended to further refine the directives and goals of the GLO, that no changes to a rule as currently in effect are necessary or that a rule is no longer valid or applicable. Rules will also be combined or reduced for simplification and clarity when feasible. Readopted rules will be noted in the Texas Register's Rules Review section without publication of the text. Any proposed amendments or repeal of a rule or chapter as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30-day public comment prior to final adoption or repeal.

The GLO invites suggestions from the public during the review process and will address any comments received. Any questions or comments should be directed to Melinda Tracy, General Land Office, 1700 North Congress, Room 626, Austin, Texas, 78701-1495, (512) 305-9129 within 30 days of publication.

In accordance with Section 2001.039 Government Code, the Texas General Land Office (GLO) submits the following Notice of Intent to Review the rules found in 31 TAC, Part 1, Chapter 10 relating to Exploration and Development of State Minerals Other Than Oil and Gas.

Review of the rules under this chapter will determine whether the reasons for adoption of the rules continues to exist. During the review process, the GLO may also determine that a specific rule may need amended to further refine the directives and goals of the GLO, that no changes to a rule as currently in effect are necessary or that a rule is no longer valid or applicable. Rules will also be combined or reduced for simplification and clarity when feasible. Readopted rules will be noted in the Texas Register's Rules Review section without publication of the text. Any proposed amendments or repeal of a rule or chapter as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30-day public comment prior to final adoption or repeal.

The GLO invites suggestions from the public during the review process and will address any comments received. Any questions or comments should be directed to Melinda Tracy, General Land Office, 1700 North Congress, Room 626, Austin, Texas, 78701-1495, (512) 305-9129 within 30 days of publication.

In accordance with Section 2001.039 Government Code, the Texas General Land Office (GLO) submits the following Notice of Intent to Review the rules found in 31 TAC, Part 1, Chapter 14 relating to Relationship Between Agency and Private Organizations.

Review of the rules under this chapter will determine whether the reasons for adoption of the rules continues to exist. During the review process, the GLO may also determine that a specific rule may need amended to further refine the directives and goals of the GLO, that no changes to a rule as currently in effect are necessary or that a rule is no longer valid or applicable. Rules will also be combined or reduced for simplification and clarity when feasible. Readopted rules will be noted in the Texas Register's Rules Review section without publication of the text. Any proposed amendments or repeal of a rule or chapter as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30-day public comment prior to final adoption or repeal.

The GLO invites suggestions from the public during the review process and will address any comments received. Any questions or comments should be directed to Melinda Tracy, General Land Office, 1700 North Congress, Room 626, Austin, Texas, 78701-1495, (512) 305-9129 within 30 days of publication.

In accordance with Section 2001.039 Government Code, the Texas General Land Office (GLO) submits the following Notice of Intent to Review the rules found in 31 TAC, Part 1, Chapter 19 relating to Oil Spill Prevention and Response.

Review of the rules under this chapter will determine whether the reasons for adoption of the rules continue to exist. During the review process, the GLO may also determine that a specific rule may need to be amended to further refine the directives and goals of the GLO, that no changes to a rule as currently in effect are necessary or that a rule is no longer valid or applicable. Rules will also be combined or reduced for simplification and clarity when feasible. Readopted rules will be noted in the Texas Register's Rules Review section without publication of the text. Any proposed amendments or repeal of a rule or chapter as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30-day public comment prior to final adoption or repeal.

The GLO invites suggestions from the public during the review process and will address any comments received. Any questions or comments should be directed to Melinda Tracy, General Land Office, 1700 North Congress, Room 626, Austin, Texas, 78701-1495, (512) 305-9129 within 30 days of publication.

TRD-200300452

Larry L. Laine

Chief Clerk/Deputy Land Commissioner

General Land Office

Filed: January 22, 2003


Boards for Lease of State-Owned Lands

Title 31, Part 5

In accordance with Section 2001.039 Government Code, the School Land Board submits the following Notice of Intent to Review the rules found in 31 TAC, Part 5, Chapter 201 relating to Operations of the Texas Parks and Wildlife Department and Texas Department of Criminal Justice.

Review of the rules under this chapter will determine whether the reasons for adoption of the rules continue to exist. During the review process, the GLO may also determine that a specific rule may need to be amended to further refine the directives and goals of the GLO, that no changes to a rule as currently in effect are necessary or that a rule is no longer valid or applicable. Rules will also be combined or reduced for simplification and clarity when feasible. Readopted rules will be noted in the Texas Register's Rules Review section without publication of the text. Any proposed amendments or repeal of a rule or chapter as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30-day public comment prior to final adoption or repeal.

The GLO invites suggestions from the public during the review process and will address any comments received. Any questions or comments should be directed to Melinda Tracy, General Land Office, 1700 North Congress, Room 626, Austin, Texas, 78701-1495, (512) 305-9129 within 30 days of publication.

TRD-200300454

Larry L. Laine

Chief Clerk/Deputy Land Commissioner

Boards for Lease of State-Owned Lands

Filed: January 22, 2003


Texas State Board of Public Accountancy

Title 22, Part 22

The Texas State Board of Public Accountancy will review and consider for readoption, revision or repeal Title 22 Texas Administrative Code, Part 22, Chapters 501, 505, 507, 509, 511, 512, 513, 515, 517, 519, 521, 523, 525, 526 and 527.

This review is conducted pursuant to §2001.039 of the Government Code.

In conducting its review the Board will determine whether the reasons for the rule continue to exist. The rule review will also determine whether the rule is obsolete, whether the rule reflects current legal and policy considerations and whether the rule reflects current procedures of the Board.

Any comments pertaining to this notice of intention to review may be submitted within the next 120 days to General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower III, Suite 900, Austin, Texas 78701. Any proposed changes to the rules as a result of this review will be published in the Proposed Rule Section of the Texas Register and will be open for an additional comment period prior to final adoption or repeal by the Board.

Chapter 501. Rules of Professional Conduct

Chapter 505. The Board

Chapter 507. Employees of the Board

Chapter 509. Rulemaking

Chapter 511. Certification as a CPA

Chapter 512. Certification by Reciprocity

Chapter 513. Registration

Chapter 515. Licenses

Chapter 517. Temporary Practice in Texas

Chapter 519. Practice and Procedure

Chapter 521. Fee Schedule

Chapter 523. Continuing Professional Education

Chapter 525. Criminal Background Investigations

Chapter 526. Board Opinions

Chapter 527. Peer Review

TRD-200300488

Amanda G. Birrell

General Counsel

Texas State Board of Public Accountancy

Filed: January 24, 2003


School Land Board

Title 31, Part 4

In accordance with Section 2001.039 Government Code, the School Land Board submits the following Notice of Intent to Review the rules found in 31 TAC, Part 4, Chapter 151 relating to Operations of the School Land Board.

Review of the rules under this chapter will determine whether the reasons for adoption of the rules continue to exist. During the review process, the GLO may also determine that a specific rule may need to be amended to further refine the directives and goals of the GLO, that no changes to a rule as currently in effect are necessary or that a rule is no longer valid or applicable. Rules will also be combined or reduced for simplification and clarity when feasible. Readopted rules will be noted in the Texas Register's Rules Review section without publication of the text. Any proposed amendments or repeal of a rule or chapter as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30-day public comment prior to final adoption or repeal.

The GLO invites suggestions from the public during the review process and will address any comments received. Any questions or comments should be directed to Melinda Tracy, General Land Office, 1700 North Congress, Room 626, Austin, Texas, 78701-1495, (512) 305-9129 within 30 days of publication.

TRD-200300453

Larry L. Laine

Chief Clerk/Deputy Land Commissioner

School Land Board

Filed: January 22, 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 rule contained in chapter 156 concerning Representation Of Parties Before The Agency-Carrier's Austin Representative. 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 this rule continues to exist and it proposes to readopt chapter 156. Comments regarding whether the reason for adopting this rule continues to exist must be received by 5:00 p.m. on March 8, 2003. You may comment by mailing or delivering your comments to Nell Cheslock at the Office of the General Counsel, MS 4-D, Texas Workers' Compensation Commission, Southfield Building, 4000 South IH-35, Austin, Texas 78704-7491.

Chapter 156. Representation Of Parties Before The Agency-Carrier's Austin Representative

§156.1. Carrier's Austin Representative. Susan Cory General Counsel Texas Workers' Compensation Commission Filed:

TRD-200300464

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: January 23, 2003


Adopted Rule Reviews

Texas Education Agency

Title 19, Part 2

The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 150, Commissioner's Rules Concerning Educator Appraisal, pursuant to the Texas Government Code, §2001.039. The TEA proposed the review of 19 TAC Chapter 150 in the November 29, 2002, issue of the Texas Register (27 TexReg 11183).

The TEA finds that the reason for adopting continues to exist. The TEA received no comments related to the rule review requirement as to whether the reason for adopting the rules continues to exist. No changes are being proposed as a result of the review. This concludes the review of 19 TAC Chapter 150.

TRD-200300473

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Filed: January 23, 2003


The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 153, School District Personnel, pursuant to the Texas Government Code, §2001.039. The TEA proposed the review of 19 TAC Chapter 153 in the November 29, 2002, issue of the Texas Register (27 TexReg 11183).

The TEA received the following comments related to the rule review requirement as to whether the reason for adopting the rules continues to exist.

Comment. Relating to 19 TAC §153.1021, the director general of the International Baccalaureate Organization (IBO) stated that adding the IBO as a recognized accrediting entity for salary increment purposes would greatly enhance the possibility that IB teachers and staff, in over 1,200 schools in 102 countries who may be relocating, would apply for positions in Texas.

Comment. Relating to 19 TAC §153.1021, the director of accreditation services of the European Council of International Schools (ECIS) stated that ECIS wishes to formally request that it be added to the TEA list of recognized accrediting entities for the purpose of recognition of teacher service in ECIS-accredited schools.

Comment. Relating to 19 TAC §153.1021, the director of the National Council for Private School Accreditation (NCPSA) expressed their hope that the TEA will list NCPSA along with the names of its members in its formal recognition and acceptance of creditable private school accrediting association.

Comment. Relating to 19 TAC §153.1021, the human resources executive director of Hidalgo Independent School District commented that the inclusion of additional accrediting agencies in Europe and other areas worldwide would help to ensure a higher degree of equity and fairness for many outstanding teachers who currently stand to lose a substantial amount of money.

Agency Response. The agency agrees with these comments that the addition of these international entities could greatly enhance the possibility that qualified private school teachers would be encouraged to relocate to Texas public schools. The TEA is proposing an amendment to 19 TAC §153.1021 that adds the previously-mentioned international organizations as recognized accrediting entities for salary increment purposes. The proposal can be found in the Proposed Rules section of this issue of the Texas Register .

The TEA finds that the reason for adopting continues to exist. The TEA is proposing amendment to 19 TAC §153.1021, which may be found in the Proposed Rules section of this issue. This concludes the review of 19 TAC Chapter 153.

TRD-200300474

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Filed: January 23, 2003