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
D. General, §289.205.
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 this rule 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determine whether it is obsolete, whether the rule reflects current legal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 this rule
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-200301033
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: February 12, 2003
Title 25, Part 16
The Texas Health Care Information Council (Council) files this notice of
intent to review and consider for re-adoption, revision, or repeal, Title
25, Health Services, Part 16, Chapter 1301, Health Care Information, Collection
and Release of Hospital Discharge Data. This review and consideration is being
conducted in accordance with the requirements of Texas Government Code, §2001.039,
added by Acts 1999, 76th Legislature, chapter 1499, §1.11(a).
An assessment will be made by the Council as to whether the reasons for
adopting or readopting these rules continue to exist. 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to determine whether it is obsolete, whether the rule reflects current legal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 Council.
As required by Texas Government Code, §2001.039, any questions or
written comments pertaining to this rule review may be submitted to Bruce
M. Burns, D.C., Program Specialist, Texas Health Care Information Council,
Two Commodore Plaza, 206 East 9th Street, Suite 19.140, Austin, Texas 78701.
Comments must arrive no later than 31 calendar days from the date that these
proposed sections are published in the
Texas Register
.
Any proposed changes to these rules as a result of the rule review will
be published in the Proposed Rule Section of the
Texas Register
. The proposed rules will be open for public comment
prior to final adoption or repeal by the Council, in accordance with the requirements
of the Administrative Procedure Act, Texas Government Code Annotated, Chapter
2001.
25 TAC §1301.11. Definitions.
25 TAC §1301.12 Collection of Hospital Discharge Data.
25 TAC §1301.13 Schedule for Filing Discharge Reports.
25 TAC §1301.14 Instructions for Filing Discharge Reports.
25 TAC §1301.15 Exemptions from Filing Requirements.
25 TAC §1301.16. Acceptance of Discharge Reports and Correction of
Errors.
25 TAC §1301.17. Certification of Discharge Reports.
25 TAC §1301.18. Hospital Discharge Data Release.
25 TAC §1301.19. Discharge Reports--Records, Data Fields and Codes.
25 TAC §1301.20. Scientific Review Panel.
TRD-200300925
Jim Loyd
Executive Director
Texas Health Care Information Council
Filed: February 6, 2003
Title 28, Part 2
The Texas Workers' Compensation Commission files this notice of intention
to review the rules contained in Chapter 160 concerning Workers' Health And
Safety--General Provisions. 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 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 March 21, 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.
Chapter 160. Workers' Health And Safety--General Provisions
§160.2. Non-Subscribing Employer's Report of Injury.
§160.3. Subscribing Employer's Report of Injury.
TRD-200300974
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: February 10, 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 171 of its rules pertaining to Donations 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 June 28, 2002, issue of the
Texas Register
(27 TexReg 5803). The public was invited to make comments
on the rules as they then existed in Title 40 TAC, Part 4, Chapter 171.
In its November 2002 meeting, the Commission's review of the chapter indicated
that changes were required in two sections. The changes were proposed in the
November 22, 2002, issue of the
Texas Register
(27
TexReg 10911). No comments were received as a result of the proposed changes.
As a result of the review, on February 7, 2003, §171.1, Coordination
of Services to Disabled Persons, was readopted without changes; §171.2,
Coordinated Services for Children and Youths, was repealed; §171.3, Transition
Planning for Students Receiving Special Education, was amended; and §171.4,
Continuity of Care System for Offenders with Physical Disabilities, was readopted
without changes.
TRD-200300992
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Filed: February 11, 2003
Title 30, Part 1
The Texas Commission on Environmental Quality (commission) adopts the rules
review and readopts Chapter 5, Advisory Committees and Groups, in accordance
with 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. The notice of intention to review was published in the
November 29, 2002, issue of the
Texas Register
(27
TexReg 11184).
CHAPTER SUMMARY
Chapter 5 provides the authority and procedures for the commission, executive
director, and staff for creating advisory committees and groups for the purpose
of receiving advice on specific matters. The chapter establishes requirements,
procedures, and policies relating to the creation, duties, operation, and
duration of advisory committees and groups. The chapter is divided into three
subchapters.
Subchapter A establishes a common purpose and definitions for the other
two subchapters. The subchapter includes a definition for "balanced representation"
which, by statute, the commission, executive director, and staff are required
to make reasonable attempts to achieve in the creation of advisory committees
and groups.
Subchapter B addresses advisory committees, which for the purposes of this
subchapter are those committees created by the commission or by state law
for the purpose of providing advice to the commission.
Subchapter C addresses advisory groups.
This rules review readopts the rules without any changes.
ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST
The commission conducted a review and determined that the reasons for the
rules in Chapter 5 continue to exist. The rules are needed to implement requirements
of Texas Water Code (TWC), §5.107, relating to Advisory Committees, Work
Groups, and Task Forces, and particularly the additional authority and requirements
added to TWC, §5.107 by House Bill (HB) 2912, §1.10, 77th Legislature,
2001. The rules are also needed to implement requirements of Texas Government
Code, Chapter 2110, relating to Agency Advisory Committees, including clarifications
that were provided by HB 2914, Article 45, 77th Legislature, 2001.
In a separate rulemaking, Rule Log Number 2002-054-005-AD, the commission
proposes to amend §5.13 to allow advisory committees and subcommittees
to meet in closed session for the purpose of reviewing and developing license
examination questions and related materials.
PUBLIC COMMENT
The public comment period closed on December 30, 2002. No comments were
received.
TRD-200300959
Paul C. Sarahan
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: February 10, 2003
The Texas Commission on Environmental Quality (commission) adopts the rules
review and readopts Chapter 113, Standards of Performance for Hazardous Air
Pollutants and for Designated Facilities and Pollutants, in accordance with
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. The notice of intention to review was published in the September 20,
2002, issue of the
Texas Register
(27 TexReg
8969).
CHAPTER SUMMARY
Chapter 113 is currently divided into four subchapters, A - D. Subchapter
A, concerning Definitions, contains the definitions pertinent to rules contained
within Chapter 113 only. Subchapter B, concerning National Emission Standards
for Hazardous Air Pollutants (NESHAPS), contains state adopted rules which
incorporate some of the federal NESHAPS as promulgated by the United States
Environmental Protection Agency (EPA) in Title 40 Code of Federal Regulations
(CFR) Part 61 (40 CFR Part 61). Subchapter C, concerning National Emission
Standards for Hazardous Air Pollutants for Source Categories, contains state
adopted rules which incorporate the federal NESHAPS as promulgated in 40 CFR
Part 63. The NESHAPS in 40 CFR Part 63 incorporate the maximum available control
technology (MACT) standards as defined for each of the affected source categories,
and are also referred to as MACT standards. Subchapter D, concerning Designated
Facilities and Pollutants, contains state adopted rules applicable to existing
sources which are adopted as emissions guidelines in accordance with Federal
Clean Air Act (FCAA), §111(d). These emissions guidelines are promulgated
in 40 CFR Part 60.
The commission recently adopted a new Subchapter E, Consolidated Federal
Air Rules (CAR): Synthetic Organic Chemical Manufacturing Industry (SOCMI)
{FCAA, §112, 40 CFR Part 65}. In Subchapter E, the commission adopted
by reference, without any revisions, all six EPA requirements in 40 CFR Part
65 -
Consolidated Federal Air Rule (CAR): Synthetic
Organic Chemical Manufacturing Industry
(SOCMI). In promulgating the
CAR regulations, the EPA consolidated major portions of several new source
performance standards and NESHAPs applicable to storage vessels, process vents,
transfer operations, and equipment leaks within the SOCMI. The promulgated
rule pulled together applicable federal SOCMI rules into one integrated set
of rules in order to simplify, clarify, and improve implementation of the
existing rules with which source owners or operators must comply. The CAR
is an optional compliance alternative for a SOCMI source.
The commission is also separately proposing amendments and additions to
NESHAP provisions in Chapter 113, Subchapter C (see Rule Log Number 2002-036a-113-AI).
The proposed amendments incorporate changes that the EPA has made to 40 CFR
Part 63 by updating the federal promulgation dates cited in the commission
rules that were previously adopted by reference. In addition, new sections
are proposed that will adopt by reference subparts which are contained in
40 CFR Part 63 that have not been previously incorporated into Chapter 113.
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 113 continue to exist. The rules are needed to control
air pollution from designated pollutants and facilities, as well as toxic
materials throughout the State of Texas, by providing a format for the commission
to adopt the federal stationary source performance standards and hazardous
air pollutant standards as they are promulgated by EPA in 40 CFR Parts 60,
61, 63, and 65.
PUBLIC COMMENT
The public comment period closed on October 21, 2002. No comments were
received.
TRD-200300999
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: February 11, 2003
Title 16, Part 8
The Texas Racing Commission has completed its review of Texas Administrative
Code, Title 16, Part 8, Chapter 319, relating to Veterinary Practices and
Drug Testing in accordance with Government Code, §2001.39. The notice
of intent to review was published in the November 15, 2002 issue of the
The Commission received no comments regarding the notice of intent to review
this chapter, nor did it receive any comments on the proposed new section,
amendments, or repeal. The Commission finds that the reasons for this chapter
continue to exist and they are hereby readopted.
TRD-200300936
Paula C. Flowerday
Executive Secretary
Texas Racing Commission
Filed: February 7, 2003
Title 7, Part 7
Pursuant to the notice of proposed rule review published in the
Texas Register
(27 TexReg 8618), September 6, 2002, 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 the Texas Government Code, §2001.039: Chapter
101, General Administration; Chapter 103, Rulemaking Procedure; and Chapter
104, Procedure for Review of Applications.
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.
As part of the review process, the Board is proposing a variety of changes
to §§101.1, 101.5, 101.6, 104.1, 104.2, and 104.4 - 104.6. The proposed
changes will be published in the "Proposed Rules" section of a future issue
of the
Texas Register
, in accordance with
the Administrative Procedure Act, Texas Government Code Annotated, Chapter
2001.
No comments were received regarding the readoption of Chapters 101, 103,
and 104.
This concludes the review of 7 TAC Chapters 101, 103, and 104.
TRD-200300926
Denise Voigt Crawford
Securities Commissioner
State Securities Board
Filed: February 6, 2003
Pursuant to the notice of proposed rule review published in the
Texas Register
(27 TexReg 11797), December 13, 2002, 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 the Texas Government Code, §2001.039: Chapter
117, Administrative Guidelines for Registration of Real Estate Programs; Chapter
121, Administrative Guidelines for Registration of Oil and Gas Programs; Chapter
129, Administrative Guidelines for Registration of Asset-Backed Securities;
Chapter 141, Administrative Guidelines for Registration of Equipment Programs;
and Chapter 143, Administrative Guidelines for Registration of Real Estate
Investment Trusts.
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 Chapters 117, 121,
129, 141, and 143.
This concludes the review of 7 TAC Chapters 117, 121, 129, 141, and 143.
TRD-200300927
Denise Voigt Crawford
Securities Commissioner
State Securities Board
Filed: February 6, 2003
Texas Health Care Information Council
Texas Workers' Compensation Commission
Adopted Rule Reviews
Texas Commission on Environmental Quality
Texas Racing Commission
State Securities Board