Title 16, Part 4

The Texas Department of Licensing and Regulation (Department) files this notice of intent to review and consideration for re-adoption, revision, or repeal, Title 16, Texas Administrative Code, Chapter 60, Texas Commission of Licensing and Regulation. This review and consideration is being conducted in accordance with the requirements of Texas Government Code, §2001.039.

An assessment will be made by the Department as to whether the reasons for adopting or readopting these rules continue to exist. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the Department.

As required by Texas Government Code, §2001.039, any questions or written comments pertaining to this rule review may be submitted to Chris Kadas, General Counsel, P.O. Box 12157, Austin, Texas 78711, facsimile (512) 475-2872, or by e-mail, chris.kadas@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

Proposed changes to these rules are published in the Proposed Rules section of this issue of the Texas Register . The proposed rules are open for public comment prior to final adoption or repeal by the Department, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

Subchapter A. Authority and Responsibilities

§60.1. Authority.

§60.10. Definitions.

Subchapter B. Organization

§60.60. Responsibilities of the Commission--General Provisions.

§60.61. Responsibilities of the Commission--Meetings.

§60.62. General Powers and Duties of the Commission.

§60.63. Responsibilities of the Department and Executive Director.

§60.64. Duration of Advisory Committee/Boards/Councils.

§60.65. Petition for Adoption of Rules.

Subchapter C. Fees

§60.80. Program Fees.

§60.81. Charges for Providing Copies of Public Information.

§60.82. Dishonored Check Fee.

§60.83. Late Renewal Fees.

Subchapter D. Practice and Procedure

§60.100. Purpose and Scope.

§60.101. Filing, Computation of Time, and Notice.

§60.102. Agreements To Be in Writing.

§60.103. Hearings Examiner.

§60.104. Conduct and Decorum.

§60.105. Ex Parte Consultations.

§60.106. Parties.

§60.107. Representative Appearances.

§60.108. Form and Content of Pleadings.

§60.120. Motions.

§60.121. Service of Documents on Parties.

§60.122. Examination and Correction of Pleadings.

§60.123. Amended Pleadings.

§60.124. Prepared Testimony and Exhibits.

§60.150. Dismissal Without Hearing.

§60.151. Disposition by Agreement.

§60.152. Prehearing Conference.

§60.153. Postponement, Continuance, Withdrawal, or Dismissal.

§60.154. Consolidation.

§60.155. Discovery.

§60.156. Place and Nature of Hearings.

§60.157. Order of Procedure.

§60.158. Briefs.

§60.159. Participation by Telephone.

§60.160. Failure to Attend Hearing and Default.

§60.170. Reporters and Transcripts.

§60.171. The Record.

§60.172. Evidence.

§60.173. Offer of Proof.

§60.174. Formal Exceptions Not Required.

§60.190. Proposals for Decision.

§60.191. Filing of Exceptions and Replies.

§60.192. Final Orders, Motions for Rehearing, and Emergency Orders.

Subchapter E. Administration

§60.200. Assignment and Use of Agency Vehicles.

§60.201. Employee Training and Education.

TRD-200400502

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: January 26, 2004

Title 16, Part 6

The Texas Motor Vehicle Board (Board) will review and consider for readoption, revision or repeal Title 16, Texas Administrative Code, Part 6, Texas Motor Vehicle Board, 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. The review is in accordance with Texas Government Code, §2001.039 regarding agency review of existing rules.

A preliminary assessment of these chapters indicates that the reasons for initially adopting the rules continue to exist. Proposed new §103.2 is pending and §107.6 has amendments pending (both to be published in the February 6, 2004, edition of the Texas Register ), which will be considered at the Board's March 25, 2004 meeting, along with the rule review.

Comments on the review may be submitted in writing within to Brett Bray, Director, Motor Vehicle Division, Texas Department of Transportation, P.O. Box 2293, Austin, Texas, 78768-2293, or faxed to (512) 416-4890. The deadline for furnishing comments is 5:00 p.m., March 8, 2004. For further information concerning this proposal, please call (512) 416-4899.

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 Board.

TRD-200400471

Brett Bray

Director

Texas Motor Vehicle Board

Filed: January 23, 2004

In accordance with the rule review plan filed September 13, 2000 and published in the September 29, 2000, issue of the Texas Register (25 TexReg 9965), and the Texas Government Code, §2001.039, the Texas Building and Procurement Commission (TBPC) readopts Chapter 115, Facilities Leasing Program, Subchapter A, State Leased Property as published in the December 5, 2003, issue of the Texas Register (28 TexReg 10977).

Chapter 115 regulates definitions, receipt and processing of requisitions for leased space, lease requests from non-private public sources, leasing from a private entity, lease amendments, transfer of leased property, potential lessors listing, delegation of leasing authority, use of private firms and report on noncompliance.

The Commission conducted a review and determined that the reasons for the rules in Chapter 115 continue to exist. The rules are needed to provide the public with information on procedures for payment of goods and services.

The public comment period closed January 5, 2004. No comments were received on the rule review; however, comments were received from Texas Department of Banking and Texas Department of Transportation on previously proposed amendments and will be addressed in a future edition of the Texas Register .

This concludes the review of Chapter 115, Subchapter A, §§115.1-115.12.

TRD-200400513

Cynthia de Roch

General Counsel

Texas Building and Procurement Commission

Filed: January 27, 2004

Title 7, Part 7

Pursuant to the notice of proposed rule review published in the Texas Register (28 TexReg 8387), September 26, 2003, the Texas State Securities Board (Board) has reviewed and considered for readoption, revision, or repeal, all sections of the following chapters of Title 7, Part VII of the Texas Administrative Code, in accordance with Texas Government Code, Section 2001.039: Chapter 107, Terminology; Chapter 127, Miscellaneous; and Chapter 131, Guidelines for Confidentiality of Information.

The Board considered, among other things, whether the reasons for adoption of these rules continue to exist. After its review, the Board finds that the reasons for adopting these rules continue to exist and readopts these Chapters, without changes, pursuant to the requirements of the Texas Government Code.

No comments were received regarding the readoption of Chapters 107, 127, and 131.

This concludes the review of 7 TAC Chapters 107, 127, and 131.

TRD-200400485

Denise Voigt Crawford

Securities Commissioner

State Securities Board

Filed: January 23, 2004

Title 31, Part 10

Pursuant to the notice of intent to review published in the November 28, 2003, issue of the Texas Register (28 TexReg 10782), the Texas Water Development Board (the board) has reviewed and considered for readoption 31 TAC, Part 10, Chapter 364, Model Subdivision Rules, in accordance with the Texas Government Code, §2001.039.

The board considered, among other things, whether the reasons for adoption of these rules continue to exist. Comments on the proposed rule review were received from Scot Campbell from the Texas Land Developers Association.

Mr. Campbell submitted a letter stating that the Texas Land Developers Association is in opposition to some of the items in the new proposed Model Subdivision Rules. Mr. Campbell states that the proposed requirements for the water well use are not beneficial to either the developer or the lot buyer.

BOARD RESPONSE: The board believes that this comment is intended to address the changes to §§364.32(a)(2), 364.32(b), 364.52(1)(A), and 364.52(1)(B). These sections relate to the criteria that will be applied when the proposed residential subdivision intends to rely on groundwater for the drinking water supply. The amendments to these sections apply the requirements that the commission recommends for counties in other areas of the state in which there is concern about the groundwater availability. The board adopts these sections to be consistent with the commission requirements in order to establish a consistent standard for counties and municipalities that enforce groundwater availability certifications throughout the state.

Mr. Campbell comments that the rules do not properly interpret the requirement to bond or install on-site sewer facilities when plating a new subdivision. Mr. Campbell states that Local Government Code §232.032 only requires the lots in the subdivision be approved by an appropriate government authority as being adequately and legally served by septic systems. Mr. Campbell comments that therefore the Local Government Code provision does not require that septic tanks either be installed or a financial guarantee be provided to insure installation of septic tanks.

BOARD RESPONSE: The amendments proposed by the board do not amend the existing provisions that require that subdivider to either construct septic tanks or provide financial guarantees to insure the construction of septic tanks to obtain final plat approval. The board does not agree that the cited statutory provision is subject to the interpretation provided by Mr. Campbell or that these rules are subject to any limitations that may be created by the Local Government Code. The authority of the board to adopt these rules is derived from the Water Code, §16.343. The Water Code requires the board to develop rules that will insure the provision of adequate water and sewer service in order to prevent the creation of new residential subdivisions lacking these essential services. From the inception of these model subdivision rules in 1991 the board has sought to require that septic tanks either be installed or financial guarantees be provided to insure installation of septic tanks. The board concludes that these rules are required to fulfill the purposes and intent of the Water Code.

Mr. Campbell further comments that the statutes do not include a requirement that a subdivider pay for the costs of water meters, water rights, or membership fees as a part of the water service infrastructure.

BOARD RESPONSE: The current amendments proposed by the board do not affect the existing rule provisions that impose this requirement. The board recognizes that there is not an explicit statutory requirement to require that the payment of these fees be included in the costs of completing water infrastructure for new residential subdivisions. The board, however, adopted this provision in 2000 because it is necessary to have all the costs related to the water infrastructure paid in order to prevent residential areas from being occupied without access to these services. The board continues this provision in order to fulfill the purpose and intent of the Water Code.

Finally, Mr. Campbell also comments that the requirements for letters of credit or bonds in the County Subdivision Contract are not clear and leave room for misinterpretation and that it was not the legislature's intent to create a requirement that would be impossible to achieve.

BOARD RESPONSE: The compliance history with this provision does not indicate that it is either being misinterpreted or that compliance is impossible. Without greater specificity as to the provisions that remain unclear, the board does not believe that amendments related to the letters of credit are appropriate.

As a result of the review, the board determined that the rules are still necessary and readopts the sections to assure that minimum standards for safe and sanitary water supply and sewer services in residential areas of political subdivisions are met. As a result of the review, the board adopts amendments to §§364.2, 364.18, 364.32, 364.33, 364.34, 364.36, 364.52, 364.54, 364.55, and 364.91.

This completes the board's review of 31 TAC Chapter 364.

TRD-200400426

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: January 21, 2004