Proposed Rule Reviews
Texas Commission on Environmental Quality
Title 30, Part 1
The Texas Commission on Environmental Quality (commission) files this notice
of intention to review and proposes the readoption of Chapter 50, Action on
Applications and Other Authorizations, without changes. The commission intends
to consider correction of identified updates, consistency issues, and other
needed changes during another rulemaking in the future.
This review of Chapter 50 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 50 provides administrative procedures for action on applications
and other authorizations. Subchapters A - C apply to applications that are
declared administratively complete before September 1, 1999. These subchapters
include procedures for commission actions on applications, action on applications
by the executive director (ED), remanding for action by the ED, motions for
rehearing or reconsideration, eligibility of the executive director to issue
Texas pollutant discharge elimination system (TPDES) permits, withdrawing
applications, and correcting permits. Subchapters E - G apply to applications
that are declared administratively complete on or after September 1, 1999.
These subchapters include procedures for referring contested case hearings
to the State Office of Administrative Hearings, commission actions on applications,
ED action on applications or Water Quality Management Plan updates, effective
date for ED actions, remand for action by the ED, motions to overturn ED decisions,
eligibility of the executive director to issue TPDES permits, withdrawing
applications, and correcting permits.
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 50 continue to exist. Chapter 50 implements Texas
Water Code, §§5.101 - 5.131 and Texas Government Code, Chapter 2001.
The rules are needed to provide opportunities for public participation by
providing procedures for actions on applications and other authorizations.
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 50. Comments may be submitted
to Patricia Durón, 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 2003-024-050-AD. Comments must
be received in writing by
5:00 p.m., June 23, 2003
. For further information or questions concerning this proposal, please
contact Emily Barrett, Policy and Regulations Division, at (512) 239-3546.
TRD-200302973
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: May 13, 2003
Title 13, Part 1
The Texas State Library and Archives Commission proposes to review its
rules in 13 TAC Chapter 7 concerning the operation of regional historical
resource depositories and the retention, microfilming, and electronic storage
of local government records pursuant to the requirements of the Government
Code, §2001.039.
The rules were adopted pursuant to the Government Code, §441.006(a)(9)
that requires the Texas State Library and Archives Commission to adopt policies
to aid and encourage effective records management and preservation programs
in local governments of the state; Government Code, §441.153(b) that
requires the commission to adopt rules for Regional Historical Resource Depositories;
Government Code, §441.158(a) that requires the commission to adopt local
government records retention schedules by rule; Local Government Code, §204.004
that requires the commission to adopt rules establishing standards and procedures
for microfilming local government records; and Local Government Code, §205.003
that requires the commission to adopt rules establishing standards and procedures
for electronic storage of local government record data. The rules are necessary
to carry out the statutory obligations of the Texas State Library and Archives
Commission in the management of local government records.
Comments on the commission's review of its rules in Chapter 7 may be directed
to Michael Heskett, Director, State and Local Records Management Division,
Box 12927, Austin, Texas 78711-2927. For further information or questions
concerning this proposal, please contact Mr. Heskett at (512) 454-2705 or
at michael.heskett@tsl.state.tx.us.
TRD-200302850
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Filed: May 8, 2003
Title 25, Part 2
The Texas Department of Mental Health and Mental Retardation (TDMHMR) will
review Texas Administrative Code Title 25, Part 2, Chapter 419, Subchapter
G, concerning Medicaid Fair Hearings in accordance with the requirements of
the Texas Government Code, §2001.039.
TDMHMR believes that the reasons for initially adopting the subchapter
continue to exist.
Interested persons are invited to submit written comments concerning the
review of this subchapter to Linda Logan, director, Policy Development, Texas
Department of Mental Health and Mental Retardation, by mail to P.O. Box 12668,
Austin, Texas 78711, or by fax to 512/206-4744, within 30 days of publication
of this notice.
TRD-200302950
Rudy Arredondo
Chairman, TDMHMR Board
Texas Department of Mental Health and Mental Retardation
Filed: May 12, 2003
Title 28, Part 2
The Texas Workers' Compensation Commission files this notice of intention
to review the rules contained in chapter 42, concerning Medical Benefits Subchapter
A, General Medical 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 following rules contained in this
chapter continues to exist and it proposes to readopt the following 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
Comments regarding whether the reason for adopting these rules continues
to exist must be received by 5:00 p.m. on June 23, 2003, and submitted to
Nell Cheslock, Legal Services MS #4-D, Texas Workers' Compensation Commission,
Southfield Building, 4000 South IH-35, Austin, Texas 78704-7491.
TRD-200302866
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: May 8, 2003
Texas State Library and Archives Commission
Texas Department of Mental Health and Mental Retardation
Texas Workers' Compensation Commission
Adopted Rule Reviews