TITLE rule-review

Proposed Rule Reviews

Texas Education Agency

Title 19, Part 2

The Texas Education Agency (TEA) proposes the review of 19 TAC Chapter 75, Curriculum, pursuant to the Texas Government Code, §2001.039.

As required by the Texas Government Code, §2001.039, the TEA will accept comments as to whether the reason for adopting 19 TAC Chapter 75 continues to exist. The comment period begins with the publication of this notice and must last a minimum of 30 days.

Comments or questions regarding this rule review may be submitted to Cristina De La Fuente-Valadez, Accountability Reporting and Research, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 463-9701. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 475-3499.

TRD-200300153

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Filed: January 13, 2003


The Texas Education Agency (TEA) proposes the review of 19 TAC Chapter 76, Extracurricular Activities, pursuant to the Texas Government Code, §2001.039.

As required by the Texas Government Code, §2001.039, the TEA will accept comments as to whether the reason for adopting 19 TAC Chapter 76 continues to exist. The comment period begins with the publication of this notice and must last a minimum of 30 days.

Comments or questions regarding this rule review may be submitted to Cristina De La Fuente-Valadez, Accountability Reporting and Research, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 463-9701. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 475-3499.

TRD-200300154

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Filed: January 13, 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 295, Occupational Health, Subchapter A, Hazard Communication, §§295.1 - 295.9 and §§295.11 - 295.13.

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-200300156

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: January 13, 2003


Texas Youth Commission.

Title 37, Part 3

In accordance with the General Appropriation Act, Article IX, Section 167, 75th Legislature, the Texas Youth Commission proposes the review of chapters 91, 93, and 95.

The Commission has conducted the rule review in chapters 91, 93, and 95. In the process of the review the Commission proposed amendments to §93.1 and §95.51, which may be found in the December 27, 2002, issue of the Texas Register (27 TexReg 12171).

The Commission will consider whether the reasons for adopting all other rules continue to exist.

Comments or questions pertaining to this Notice of Intent to Review should be directed to DeAnna Lloyd, Policy Coordinator, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765 or e-mail deanna.lloyd@tyc.state.tx.us.

TRD-200300146

Steve Robinson

Executive Director

Texas Youth Commission

Filed: January 10, 2003


Adopted Rule Reviews

Texas Department of Licensing and Regulation

Title 16, Part 4

The Texas Department of Licensing and Regulation (Department) readopts, without changes, 16 TAC Chapter 69, Regulation of Certain Transportation Service Providers: §§69.1, 69.10, 69.20-69.22, 69.60, 69.70, 69.80, 69.90, and 69.91 in accordance with the Texas Government Code, §2001.039, added by Acts 1999, 76th Legislature, ch. 1499, §1.11(a). The proposed rule review was published in the November 29, 2002, issue of the Texas Register (27 TexReg 11184).

The comment period on the proposal and review closed December 29, 2002. No comments were received regarding re-adoption of this chapter.

Texas Government Code, §2001.039 requires state agencies to review and consider for re-adoption rules adopted under the Administrative Procedures Act. The review must include, at a minimum, an assessment that the reason for the rules continues to exist. The Department has conducted a review of the rules in Chapter 69 and determined that the rules are still essential in effectuating the provisions of the Texas Civil Statutes Article 6675(e), which gives the Department the authority to promulgate and enforce a code of rules and take all action required to assure compliance with the intent and purpose of the Code.

TRD-200300071

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: January 9, 2003


Texas Workers' Compensation Commission

Title 28, Part 2

In accordance with the General Appropriation Act, Article IX, §167, 75th Legislature, the General Appropriations Act, §9-10, 76th Legislature, and Texas Government Code §2001.039 as added by SB-178, 76th Legislature, and pursuant to the notice of intention to review published in the July 5, 2002 and August 16, 2002 issues of the Texas Register , (27 TexReg 6059) and (27 TexReg 7560), the Texas Workers' Compensation Commission (the commission) has assessed whether the reason for adopting or readopting these rules continues to exist. No comments were received regarding the review of these rules.

As a result of the review, the Commission has determined that the reason for adoption of the rules continues to exist. Therefore, the Commission readopts Chapters 122, 129, and 144. If the Commission determines that any of these rules should be revised or repealed, the repeal or revisions of the rules will be accomplished in accordance with the Administrative Procedure Act.

Chapter 122 -- Compensation Procedures - Claimants

§122.1. Notice to Employer of Injury or Occupational Disease.

§122.2. Injured Employee's Claim for Compensation.

§122.3. Exposure to Communicable Diseases: Reporting and Testing Requirements for Emergency Responders.

§122.4. State Employees Exposed to Human Immunodeficiency Virus (HIV): Reporting and Testing Requirements.

§122.5. Employee's Multiple Employment Wage Statement.

§122.100. Claim for Death Benefits.

Chapter 129 -- Income Benefits--Temporary Income Benefits

§129.1. Definitions for Temporary Income Benefits.

§129.2. Entitlement to Temporary Income Benefits.

§129.3. Amount of Temporary Income Benefits.

§129.4. Adjustment of Temporary Income Benefit Amount.

§129.5. Work Status Reports.

§129.6. Bona Fide Offers of Employment.

§129.7. Non-Reimbursable Employer Payments.

§129.11. Agreement for Monthly Payment of Temporary Income Benefits.

Chapter 144 -- Dispute Resolution - Arbitration

§144.1 Authority and Duties of Arbitrators

§144.2 Ex Parte Communications

§144.3 Delivery of Copies of Documents

§144.4 Election to Engage in Arbitration

§144.5 Statement of Disputes

§144.6 Assignment of Arbitrator

§144.7 Setting the Arbitration Proceeding

§144.8 Expediting Procedures

§144.9 Exchange of Evidence and Proposed Resolution

§144.10 Stipulations, Agreement, and Settlements

§144.11 Continuance

§144.12 Failure to Attend Arbitration

§144.13 Rights of Parties

§144.14 Usual Order of Proceedings

§144.15 Award of the Arbitrator

§144.16 Requesting a Copy of the Record

TRD-200300087

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: January 10, 2003