TITLE rule-review

TRD-200301239

Filed: February 19, 2003

The State Aircraft Pooling Board will review Chapter 181, General Provisions and Chapter 183, Rulemaking Procedure.

All comments and/or questions will be received until April 1, 2003, and should be directed to Jerry Daniels, Executive Director, Aircraft Pooling Board, 10335 Golf Course Road, ABIA, Austin, Texas 78719.

TRD-200301240

Jerry Daniels

Executive Director

State Aircraft Pooling Board

Filed: February 19, 2003

Texas Department of Human Services

Title 40, Part 1

The Texas Department of Human Services (DHS) files this notice of intention to review Chapter 30 (Medicaid Hospice Program) and Chapter 40 (Medicaid Managed Care), in accordance with the Government Code, §2001.039. During this review, DHS will assess whether the reasons for adopting these chapters 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, Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030 or (512) 438-4162.

TRD-200301351

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: February 21, 2003

Adopted Rule Reviews

Employees Retirement System of Texas

Title 34, Part 4

In accordance with Tex. Gov't Code §2001.039, the Employees Retirement System of Texas (ERS) proposes to readopt 34 Tex. Admin. Code, Chapter 67, Hearings on Disputed Claims. The proposed rule review of Chapter 67 was published in the Texas Register , (27 TexReg 10053), on October 25, 2002. No comments were received on this proposed rule review. As a result of the review, ERS has determined that the reason for adoption of Chapter 67 continues to exist. Therefore, ERS proposes to readopt Chapter 67. If ERS determines that sections within Chapter 67 should be amended, then the amendments will be proposed and published at a later date.

ERS' proposed readoption of Chapter 67 is authorized under §815.102, Texas Government Code, which provides authorization for ERS to adopt rules necessary for the general administration of ERS.

ERS hereby certifies that the proposed adoption of this rule review has been reviewed by legal counsel and found to be a valid exercise of ERS' legal authority.

TRD-200301406

Paula A. Jones

General Counsel

Employees Retirement System of Texas

Filed: February 24, 2003

Texas State Board of Pharmacy

Title 22, Part 15

The Texas State Board of Pharmacy adopts the review of Chapter 283, concerning Requirements for Pharmacists, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules.

The proposed review was published in the December 20, 2002, issue of the Texas Register (27 TexReg 12022).

No comments were received regarding adoption of the rule review.

The agency finds the reason for adopting the rule continues to exist.

TRD-200301296

Gay Dodson, R.Ph

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: February 20, 2003

The Texas State Board of Pharmacy adopts the review of Chapter 291, Subchapter A, (§§291.1 - 291.19 and §§291.27 - 291.29), concerning All Classes of Pharmacies, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules.

In conjunction with this review, the agency adopts amendments to Chapter 291, Subchapter A, (§§291.1 - 291.19 and §§291.27 - 291.29), published elsewhere in this issue of the Texas Register .

The proposed review was published in the December 20, 2002, issue of the Texas Register (27 TexReg 12023).

No comments were received regarding adoption of the rule review.

The agency finds the reason for adopting the rule continues to exist.

TRD-200301297

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: February 20, 2003

The Texas State Board of Pharmacy adopts the review of Chapter 291, Subchapter E, (§§291.91 - 291.94), concerning Clinic Pharmacy (Class D), pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules.

In conjunction with this review, the agency adopts amendments to Chapter 291, Subchapter E, (§§291.91 - 291.94), published elsewhere in this issue of the Texas Register .

The proposed review was published in the December 20, 2002, issue of the Texas Register (27 TexReg 12023).

No comments were received regarding adoption of the rule review.

The agency finds the reason for adopting the rule continues to exist.

TRD-200301298

Gay Dodson, R.Ph

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: February 20, 2003

The Texas State Board of Pharmacy adopts the review of Chapter 303, concerning Destruction of Dangerous Drugs and Controlled Substances, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules.

In conjunction with this review, the agency adopts amendments to Chapter 303, published elsewhere in this issue of the Texas Register .

The proposed review was published in the December 20, 2002, issue of the Texas Register (27 TexReg 12023).

No comments were received regarding adoption of the rule review.

The agency finds the reason for adopting the rule continues to exist.

TRD-200301299

Gay Dodson, R.Ph

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: February 20, 2003

Teacher Retirement System of Texas

Title 34, Part 3

The Teacher Retirement System of Texas (TRS) has completed its review of Title 34, Part 3, Texas Administrative Code, Chapters 21, 23, 33, 35, 39, 45, and 51. The review and consideration was in accordance with Government Code, §2001.039 and Senate Bill 178 §1.11(c) of Acts 1999, 76th Legislature, Chapter 1499.

In accordance with the agency rule review plan published in the January 4, 2002 issue of the Texas Register (27 TexReg 293), the Policy Committee of the Board of Trustees conducted an initial review of Title 34, Part 3, Texas Administrative Code, Chapters 21, 23, 33, 35, 39, 45, and 51. The review was conducted in an open meeting and included an assessment of whether the reasons for adoption the rules continued to exist. The full Board reviewed Chapters 21, 23, 33, 35, 39, 45, and 51 to make a determination as to whether the reasons for adopting or readopting these rules continued to exist. The proposed review was published in the September 20, 2002 issue of the Texas Register (27 TexReg 8970). No comments were received regarding the review and readoption of these chapters. The final review was completed at the Board Meeting on December 20, 2002.

TRS finds that the reasons to adopt or readopt Chapters 21, 23, 33, 35, 39, and 51 continue to exist. As part of this review process, TRS is concurrently adopting amendments to §§21.1, 23.1, 23.4, 23.5, 23.7, 23.8, 33.1 - 33.6, 35.1, 39.1, 51.1, 51.2, and 51.11 and new §§33.7, 35.2, and 51.5. In addition, TRS is concurrently adopting the repeal of Chapter 45 consisting of §45.1 and §45.2 and also the repeal of §§23.2, 23.6, and 51.9. These adoptions appear in this issue of the Texas Register.

TRD-200301355

Charles L. Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: February 21, 2003

The Teacher Retirement System of Texas (TRS) has completed its review of Title 34, Part 3, Texas Administrative Code, Chapters 25, 27, 29, 31, and 37. The review and consideration was in accordance with Government Code, §2001.039 and Senate Bill 178 §1.11(c) of Acts 1999, 76th Legislature, Chapter 1499.

In accordance with the agency rule review plan published in the January 4, 2002 issue of the Texas Register (27 TexReg 293), the Policy Committee of the Board of Trustees conducted an initial review of Title 34, Part 3, Texas Administrative Code, Chapters 25, 27, 29, 31, and 37. The review was conducted in an open meeting and included an assessment of whether the reasons for adoption the rules continued to exist. The full Board reviewed Chapters 25, 27, 29, 31, and 37 to make a determination as to whether the reasons for adopting or readopting these rules continued to exist. The proposed review was published in the October 25, 2002 issue of the Texas Register (27 TexReg 10053). No comments were received regarding the review and readoption of these chapters. The final review was completed at the Board Meeting on December 20, 2002.

TRS finds that the reasons to adopt or readopt Chapters 25, 27, 29, 31, and 37 continue to exist. As part of this review process, TRS is concurrently adopting amendments to the following sections of the chapters reviewed:

Chapter 25: §§25.1, 25.3, 25.4, 25.21, 25.22, 25.24, 25.25, 25.28, 25.41, 25.45, 25.46, 25.61, 25.71-25.76, 25.85, 25.87, 25.113, 25.121, 25.122, 25.131, 25.151, 25.152, 25.161-25.163, 25.182, 25.188, 25.189, 25.201

Chapter 27: §§27.2, 27.3, 27.5 - 27.8

Chapter 29: §§29.5, 29.9 - 29.11, 29.14, 29.16, 29.17, 29.21. 29.24, 29.33, 29.34, 29.50 - 29.53, 29.61 - 29.63, 29.70

As part of the review process, TRS is concurrently adopting new Chapter 31, §§31.1 - 31.3; 31.11 - 31.18; 31.31 - 31.34 and new §§25.33, 25.301, 29.15, and 29.55. In addition, TRS is concurrently adopting the repeal of Chapter 31 consisting of §§31.1 - 31.3, and 31.6 - 31.13 and Chapter 37, §37.1 as well as the repeal of §§25.5, 25.67, 25.124, 25.136, 25.187, 29.15, 29.54, 29.64 . These adoptions appear in this issue of the Texas Register.

TRD-200301357

Charles L. Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: February 21, 2003

The Teacher Retirement System of Texas (TRS) has completed its review of Title 34, Part 3, Texas Administrative Code, Chapters 41, 43, 47, and 49. The review and consideration was in accordance with Government Code, §2001.039 and Senate Bill 178 §1.11(c) of Acts 1999, 76th Legislature, Chapter 1499.

In accordance with the agency rule review plan published in the January 4, 2002 issue of the Texas Register (27 TexReg 293), the Policy Committee of the Board of Trustees conducted an initial review of Title 34, Part 3, Texas Administrative Code, Chapters 41, 43, 47, and 49. The review was conducted in an open meeting and included an assessment of whether the reasons for adoption the rules continued to exist. The full Board reviewed Chapters 41, 43, 47, and 49 to make a determination as to whether the reasons for adopting or readopting these rules continued to exist. The proposed review was published in the October 18, 2002 issue of the Texas Register (27 TexReg 9780). No comments were received regarding the review and readoption of these chapters. The final review was completed at the Board Meeting on December 20, 2002.

TRS finds that the reasons to adopt or readopt Chapters 41, 43, 47, and 49 continue to exist. As part of this review process, TRS is concurrently adopting amendments to §§41.1, 41.3, 41.5, 41.7 - 41.10, 41.15 - 41.20, 41.30, 41.32, 43.1 - 43.21, 43.23 - 43.29, 43.33 - 43.36, 47.1, 47.2, 47.4 - 47.10, 47.13, 47.15, 47.17, 49.1 - 49.7 and new §§41.14, 41.91, 43.37. In addition, TRS is concurrently adopting the repeal of §§41.12, 41.13, 43.30 - 43.32, 43.37. These adoptions appear in this issue of the Texas Register.

TRD-200301356

Charles L. Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: February 21, 2003