Proposed Rule Reviews
Commission on State Emergency Communications
Title 1, Part 12
The Commission on State Emergency Communications (CSEC) proposes to re-adopt
and repeal certain sections of Texas Administrative Code, Title 1, Part 12,
Chapter 253 concerning Practice and Procedure, Resolution Process and Procedural
Rules. This review and consideration is being conducted in accordance with
Government Code, Section 2001.039.
Sections 253.1-253.30, which address billing and collection procedures
and the processing of contested cases are no longer applicable to the CSEC.
The responsibility for billing and collection was transferred from the CSEC
to the Comptroller's Office during the 77th Legislative session. Therefore,
there is no need for CSEC to continue those sections.
Section 253.31, Petitions for Rulemaking Before the Commission, continues
to be applicable to CSEC and is being proposed for re-adoption. The section
provides a process for any interested persons to petition the commission requesting
the adoption of a new rule or the amendment of an existing rule and for Commission
initiated rulemaking. This section will be renumbered to §253.1.
In accordance with the above referenced sections, the Commission on State
Emergency Communications will accept comments regarding whether the reasons
for repealing or re-adopting each of these rules continues to exist. The comment
period will last 30 days beginning with the publication of this notice in
the
Texas Register
.
Comments on the rule review of sections in Chapter 253 should be submitted
to Paul Mallett, Executive Director, Commission on State Emergency Communications,
333 Guadalupe Street, Suite 2-212, Austin, Texas 78701; phone 512-306-6911;
or fax 512-305-6937.
§253.1. Intent, Scope, and Construction of Rules.
§253.2. Definition of Terms.
§253.3. Informal Collection Procedures by the Commission.
§253.4. Jurisdiction.
§253.5. Powers and Duties of the Administrative Law Judge.
§253.6. Substitution of Administrative Law Judge.
§253.7. Appearance of Parties at Hearings; Representation.
§253.8. Filings.
§253.9. Discovery.
§253.10. Prehearing Conferences.
§253.11. Orders.
§253.12. Settlement Conferences.
§253.13. Stipulations.
§253.14. Form of Pleadings.
§253.15. Motions.
§253.16. Waiver of Right To Appear.
§253.17. Conduct of Hearings.
§253.18. Telephone Hearings.
§253.19. Evidence.
§253.20. The Record.
§253.21. Proposal for Decision.
§253.22. Filing of Exceptions and Replies.
§253.23. Commission's Orders.
§253.24. Rehearing.
§253.25. Judicial Review.
§253.26. Administrative Finality.
§253.27. Effective Date of Order.
§253.28. Emergency Order.
§253.29. Show Cause Orders and Complaints.
§253.30. Appeals.
§253.31. Petitions for Rulemaking before the Commission.
TRD-200302569
Paul Mallett
Executive Director
Commission on State Emergency Communications
Filed: April 21, 2003
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 146, Training and Regulation of Promotoras, §§146.1
- 146.10.
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-200302580
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: April 21, 2003
Title 22, Part 18
The Texas State Board of Podiatric Medical Examiners will review and consider
for readoption, revision or repeal Title 22, Texas Administrative Code, Part
18, Chapters 378 Continuing Education, 379 Fees and License Renewal, 380 Hyperbaric
Oxygen Guidelines, 381 Relative Anesthesia and 382 Podiatric Medical Technicians.
This review is in accordance with the requirements of the Texas Government
Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13,
76th Legislature, 1999.
An assessment will be made by the board as to whether the reasons for adopting
or readopting the rule continue 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 board.
Comments on the review may be submitted in writing within 30 days following
the publication of this notice in the
Texas Register
to Janie Alonzo, Texas State Board of Podiatric Medical Examiners,
P.O. Box 12216, Austin, TX 78711-2216. Any proposed changes to this rule as
a result of the review will be published in the Proposed Section of the
TRD-200302550
Janie Alonzo
Staff Services Officer III
Texas State Board of Podiatric Medical Examiners
Filed: April 18, 2003
Railroad Commission of Texas
Title 16, Part 1
The Railroad Commission of Texas files this notice of the completion of
the review of §3.36, (relating to oil, gas, or geothermal resource operation
in hydrogen sulfide areas); §3.91 (relating to cleanup of soil contaminated
by a crude oil spill); §3.95 (relating to underground storage of liquid
or liquefied hydrocarbons in a salt formation); and §3.97 (relating to
underground storage of gas in salt formations). This review was conducted
in accordance with Texas Government Code, §2001.039.
The Commission received one comment on the proposed review from an individual
regarding the reference to the National Association of Corrosion Engineers
(NACE) Standard MR-01-75 in §3.36(c)(6)(C). The commenter stated that
the 2002 version of MR-01-75 includes lists of corrosion-resisting alloys
(CRAs) that were good for service in 100% hydrogen sulfide (H2S). The 2003
version of MR-01-75 places environmental limits on CRAs in terms of H2S partial
pressures, temperatures, water salinity, pH and the like. The commenter stated
that operators are responsible for selecting metallurgy for use in H2S service
based on the environmental restrictions named in MR-01-75-2003 and conveying
the correct metallurgical selection to the manufacturers of the oil field
equipment. The commenter concluded that some operators may have difficulty
interpreting the new requirements for environmental restrictions, resulting
in confusion and possibly compromising safety. The commenter advised that
next year, MR- 01-75 will be replaced by a set of International Standards
Organization documents (ISO 15156-1,-2,-3); NACE will then assume a custodial
role in maintaining the content of these documents. The commenter also stated
that there are technical errors in MR- 01-75-2003 that NACE is attempting
to correct, and recommended that the Commission contact the NACE Task Group
081 for further comment.
The Commission will review these comments and the differences in the NACE
documents for possible inclusion in a future rulemaking. Because the proposed
review of §3.36, along with the other sections listed, did not give notice
of any substantive amendments, the Commission is precluded from amending §3.36
in this rulemaking proceeding.
The Commission has determined that the reason for adopting these rules
continues to exist.
Issued in Austin, Texas, on April 22, 2003.
TRD-200302591
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Filed: April 22, 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 February
7, 2003 and February 21, 2003 issues of the
Texas
Register
, (28 TexReg 1235) and (28 TexReg 1663), 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.
Chapter 156 Representative of Parties
§156.1 Carrier's Austin Representative
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.
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 156 and 160. 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.
TRD-200302526
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: April 17, 2003
Texas Department of Health
Texas State Board of Podiatric Medical Examiners
Adopted Rule Reviews
Texas Workers' Compensation Commission