Title 30, Part 1

The Texas Commission on Environmental Quality (commission) files this notice of intention to review and proposes the readoption of Chapter 288, Water Conservation Plans, Drought Contingency Plans, Guidelines and Requirements, without changes. Any updates, consistency issues, or other changes, if needed, will be addressed in a separate rulemaking.

This review of Chapter 288 is proposed in accordance with the requirements of 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.

CHAPTER SUMMARY

Chapter 288 provides requirements for water conservation plans and drought contingency plans. Subchapter A outlines definitions specific to the chapter. Subchapter A also outlines specific information required for water conservation plans for municipal uses by public water suppliers, industrial or mining use, agricultural use, wholesale water suppliers, any other purpose or use, and plans submitted with a water right application for new or additional state water. Subchapter B outlines specific information required for drought contingency plans for municipal uses by public water suppliers, irrigation districts, and wholesale water suppliers. Subchapter C outlines the affected parties that are required to submit water conservation plans and drought contingency plans, and deadlines for those plans.

PRELIMINARY 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 288 continue to exist. The rules are needed to implement Texas Water Code, §11.1271, which requires the commission to adopt rules establishing criteria and deadlines for submission of water conservation plans; and Texas Water Code, §11.1272, which requires the commission to require wholesale and retail public water suppliers and irrigation districts to develop drought contingency plans.

PUBLIC COMMENT

This proposal is limited to the review in accordance with the requirements of Texas Government Code, §2001.039. The commission invites public comment on this preliminary review of the rules in Chapter 288. Comments may be submitted to Angela Slupe, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 2003-042-288-WT. Comments must be received in writing by 5:00 p.m., August 25, 2003. For further information or questions concerning this proposal, please contact Debi Dyer, Policy and Regulations Division, at (512) 239-3972.

TRD-200304308

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: July 16, 2003

Title 40, Part 1

The Texas Department of Human Services (DHS) files this notice of intention to review 40 TAC, Chapter 97 (Licensing Standards for Home and Community Support Services Agencies), in accordance with the Government Code, §2001.039. During this review, DHS will assess whether the reasons for adopting this chapter continue to exist.

As required by §2001.039, DHS will accept comments on the proposed review for 30 days following the publication of this notice in the Texas Register . Any questions or written comments should be directed to Frances Rickard, Rules and Handbooks Unit-231, Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030 or (512) 438-4162.

TRD-200304190

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: July 11, 2003

The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 92, Interagency Coordination, pursuant to the Texas Government Code, §2001.039. The TEA proposed the review of 19 TAC Chapter 92 in the March 21, 2003, issue of the Texas Register (28 TexReg 2623).

19 TAC Chapter 92 consists of two rules, 19 TAC §92.1001, Memorandum of Understanding for Coordinated Services to Children and Youth, originally authorized under Family Code, §264.003, and 19 TAC §92.1003, Memorandum of Understanding Concerning the Communities in Schools Program, originally authorized under Family Code, §264.755. The TEA received no comments related to the rule review requirement as to whether the reason for adopting the rules continues to exist. The TEA has found that the reason for adopting §92.1001 no longer exists as a result of action taken by the 77th Texas Legislature, 2001. In addition, the reason for adopting §92.1003 no longer exists as a result of action taken by the 78th Texas Legislature, 2003. In a future issue, the TEA plans to propose the repeal of §92.1001 and §92.1003. This concludes the review of 19 TAC Chapter 92.

TRD-200304216

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Filed: July 14, 2003

Title 40, Part 1

The Texas Department of Human Services (DHS) has completed its review of Chapter 30 (Medicaid Hospice Program), Chapter 40 (Medicaid Managed Care), and Chapter 49 (Contracting for Community Care Services). These rules are readopted in accordance with the requirements of the Government Code, §2001.039. The notice of intention to review Chapters 30 and 40 was published in the March 7, 2003, issue of the Texas Register (28 TexReg 2129). The notice of intention to review Chapter 49 was published in the May 9, 2003, issue of the Texas Register (28 TexReg 3850). DHS received no comments concerning the proposed reviews.

During its review of these chapters, DHS determined that the reasons for adopting Chapters 30, 40, and 49 continue to exist. DHS has rewritten its Chapter 49 rules in plain language to make them easier for the public to understand, and new rules will be proposed in a subsequent issue of the Texas Register .

This concludes DHS's review of 40 TAC, Chapters 30, 40, and 49, as required by the Government Code, §2001.039.

TRD-200304191

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: July 11, 2003

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 April 25, 2003 issue of the Texas Register , (28 TexReg 3531), 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 following rules continues to exist. Therefore, the Commission readopts Chapter 41. If the Commission determines that these rules should be revised or repealed, the repeal or revisions of the rules will be accomplished in accordance with the Administrative Procedure Act.

§41.1 Name Change

§41.5 Compliance and Suspension of Rules

§41.8 Contents of Rule-making Petitions

§41.10 Definitions

§41.15 Social Security Number

§41.20 Adjuster Identification

§41.25 Attorney Identification

§41.27 Employer' Identification

§41.30 Self-insureds

§41.35 Designation of Insurance Carriers' Austin Representative

§41.40 General Policy Concerning Communications

§41.45 Communication to Claimants

§41.55 Communication to Employers

§41.60 Communication to Insurance Carriers

§41.65 Communication to Health Care Provider

§41.70 Filing of Instruments

§41.75 Timely Filing

§41.80 Filing Subsequent to Final Order or Award

§41.85 Translation of Documents

§41.90 Responsibility of Translators

§41.95 Wage Information

As a result of the review, the Commission has determined that the reason for adoption of the following rules does not continue to exist and therefore these rules are is not readopted. These rules will be repealed at a later date.

§41.50 Carrier's Address

§41.101 Purpose

§41.105 Definitions

§41.110 Availability

§41.115 Inspection

§41.120 Duplication and Related Services

§41.125 Duplicating Charges

§41.130 Certified Copies

§41.135 Subpoenas for Confidential Records

§41.140 Record Checks

§41.150 Publications

§41.160 Annual Review of Charges

TRD-200304203

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: July 11, 2003

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 May 23, 2003 of the Texas Register , (28 TexReg 4160), 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.

§42.5. Applicability and Scope of Rules

§42.10. Acceptance of Rules and Guidelines

§42.15. Definitions

§42.20. Who May Treat

§42.25. Prohibited Practices

§42.28. Confirmation of Coverage

§42.30. Written Communications

§42.33. Health Care Providers' Reporting Requirements

§42.35. Required Reports: First Report

§42.40. Required Reports: Subsequent Reports

§42.55. Required Reports: Change of Status Reports

§42.60. Required Reports: Special Reports

§42.65. Changing Treating Doctors

§42.75. Excess Recovery from Third Party Actions

§42.78. Reports To Be Filed by the Carrier

§42.80. Assignment of Medical Benefits

§42.85. Voluntary Arbitration

§42.90. Demand for Surgical Operation

§42.95. Scars and Deformities

§42.101. Purpose

§42.105. Medical Fee Guideline

§42.115. Pharmaceutical Fee Guideline

§42.135. Liability for Covered Health Care

§42.137. Utilization Review

§42.140. Amount of Payment

§42.145. Billing

§42.155. Carrier Review of Bills

§42.160. Carrier Desk Audit of Bills

§42.165. Carrier On-Site Audit of Hospital Bills

§42.175. Miscellaneous Covered Services

§42.305. Requesting Dispute Review and Resolution

§42.307. Procedure for Requesting Dispute Review

§42.308. Procedure for Responding to a Request for Dispute Review

§42.309. Payment for the Review

§42.310. Board Review and Resolution

§42.315. Appeal

As a result of the review, the Commission has determined that the reason for adoption of these rules continues to exist. Therefore, the Commission readopts Chapter 42. If the Commission determines that these rules should be revised or repealed, the repeal or revisions of the rules will be accomplished in accordance with the Administrative Procedure Act.

TRD-200304205

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: July 11, 2003

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 May 16, 2003 of the Texas Register , (28 TexReg 3981), the Texas Workers' Compensation Commission (the commission) has assessed whether the reason for adopting or readopting this rule 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 this rule continues to exist. Therefore, the Commission readopts Chapter 63. If the Commission determines that the rule should be revised or repealed, the repeal or revisions of the rule will be accomplished in accordance with the Administrative Procedure Act.

§63.10. Sanctions for Late Payment.

As a result of the review, the Commission has determined that the reason for adoption of the following rule does not continue to exist and therefore this rule is not readopted. This rule will be repealed at a later date.

§63.5. Quarterly report

TRD-200304204

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: July 11, 2003