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 229, Food and Drug, Subchapter U, Permitting Retail Food Establishments, §§229.270 - 229.274.

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 Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the committee.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-200402163

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 29, 2004

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 229, Food and Drug, Subchapter V, Minimum Standards for Licensure of Tattoo and Certain Body Piercing Studios, §§229.401 - 229.412.

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 Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the committee.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 Rules 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-200402127

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 25, 2004

Title 22, Part 28

The Executive Council of Physical Therapy and Occupational Therapy Examiners files this notice of intent to review the rules as listed below, pursuant to Texas Government Code §2001.039 (Administrative Procedure Act).

The council's reasons for adopting the rules in this chapter continue to exist, and it proposes to readopt them all. Any rule amendments determined to be necessary during the review will be formally proposed at a subsequent board meeting, and will not be submitted simultaneously with the notice of readoption.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to John Maline, Executive Director, 333 Guadalupe, Suite 2-510, Austin, Texas 78701, jmaline@mail.capnet.state.tx.us.

§651.1. Occupational Therapy Board Fees.

§651.2. Physical Therapy Board Fees.

§651.3. Administrative Services Fees.

TRD-200402136

John Maline

Executive Director

Executive Council of Physical Therapy and Occupational Therapy Examiners

Filed: March 26, 2004

Title 43, Part 1

In accordance with Government Code, §2001.039, the Texas Department of Transportation (department) files this notice of intention to review Title 43 TAC, Part 1, Chapter 5, Finance; Chapter 15, Transportation Planning and Programming; and Chapter 27, Toll Projects.

The department will accept comments regarding whether the reasons for adopting these rules continue to exist. The comment period will last 30 days beginning with the publication of this notice of intention to review.

On March 25, 2004, the department adopted revisions to the following sections of chapters in this proposed rule review. These revised sections can be found on the department's web site at: http://www.dot.state.tx.us/ogc/rules.htm and are included in the Adopted Rules section of this issue of the Texas Register .

New Subchapter E, §§5.51 - 5.59, Pass-Through Tolls

New Subchapter N, §§15.170 - 15.174, State Highway Projects Financed Through the Issuance of Bonds and Other Public Securities

In the March 5, 2004, issue of the Texas Register (29 TexReg 2286), the department proposed revisions due to legislation to the following sections of chapters in this proposed rule review: Amendments to §15.150 and §15.151, and new §15.154 and §15.155, concerning rail facilities.

Comment or questions regarding this rule review may be submitted in writing to Bob Jackson, Deputy General Counsel, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483, or by phone at (512) 463-8630.

TRD-200402134

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: March 26, 2004

Title 40, Part 22

The Texas Workforce Investment Council (Council) proposes to review and consider for readoption Title 40, Texas Administrative Code, Part 22, Chapter 901 regarding designation and redesignation of local workforce development areas. Texas Government Code, Section 2001.039 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 original justification for the rules continues to exist.

The Council is accepting comments regarding whether the reason for adopting or readopting each of these rules continues to exist. Comments will be accepted for 30 days following publication of this notice in the Texas Register . Questions or written comments should be directed to Cheryl Fuller, Director, Texas Workforce Investment Council, P.O. BOX 2241, Austin, Texas, 78768; or by fax 512-936-8118.

TRD-200402167

Cheryl Fuller

Director

Texas Workforce Investment Council

Filed: March 29, 2004

Title 16, Part 6

Pursuant to the notice of proposed rule review published in the February 6, 2004, issue of the Texas Register (29 TexReg 1232), and in accordance with the review plan filed January 22, 2004 and Texas Government Code, §2001.039, the Texas Motor Vehicle Board adopts the review of 16 TAC Part 6, Chapter 101, Practice and Procedure; Chapter 103, General Rules; Chapter 105, Advertising; Chapter 107, Warranty Performance Obligations; Chapter 109, Lessors and Lease Facilitators; and Chapter 111, General Distinguishing Numbers.

No comments were received regarding adoption of the review.

No amendments were proposed as a result of the review. Section 107.6 had amendments pending, which were adopted at the Board's March 25, 2004 meeting. New §103.2 was also adopted at the meeting.

The Board finds that the reasons for adoption of these chapters continue to exist. This concludes the review of 16 TAC Part 6, Chapters 101, 103, 105, 107, 109 and 111.

The Board is authorized to readopt Chapters 101, 103, 105, 107, 109 and 111 by Texas Occupations Code §2301.155, which provides the Board with the authority to adopt rules necessary and convenient to effectuate the provisions of the Code and to govern practice and procedure before the agency.

TRD-200402147

Brett Bray

Director

Texas Motor Vehicle Board

Filed: March 26, 2004