TITLE rule-review

Proposed Rule Reviews

Texas Department of Agriculture

Title 4, Part 1

The Texas Department of Agriculture (the department) and the Texas Agricultural Finance Authority propose to review Title 4, Texas Administrative Code, Part 1, Chapter 24, concerning the Farm and Ranch Finance Program, Chapter 26, concerning the Linked Deposit Program, Chapter 28, concerning the Financial Assistance Program, and Chapter 30, concerning the Young Farmer Loan Guarantee Program, pursuant to the Texas Government Code, §2001.039. 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 assessment of Title 4, Part 1, Chapters 24, 26, 28 and 30 by the department at this time indicates that the reason for readopting without changes all sections in Chapters 24, 26, 28 and 30 continues to exist.

The department is accepting comment on the review of Chapters 24, 26, 28 and 30. Comments on the review may be submitted within 30 days following the publication of this notice in the Texas Register to Robert Wood, Assistant Commissioner for Rural Economic Development, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas, 78711.

TRD-200403504

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: May 24, 2004


Texas Building and Procurement Commission

Title 1, Part 5

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 pursuant to the Texas Government Code, §2001.039, the Texas Building and Procurement Commission (TBPC) proposes to review and consider for re-adoption, re-adoption with amendments or repeal of Chapter 111, §§111.1-111.7; 111.11-111.28; and 111.61-111.71 concerning Administration, the Historically Underutilized Business (HUB) Program, and the Cost of Copies of Public Information respectively.

TBPC seeks to determine whether the basis for the original adoption of each rule in Chapter 111 continues to exist. The rules remain valid and applicable.

Comments on the proposed review may be submitted in writing to Cynthia de Roch, General Counsel, P.O. Box 13047, Austin, Texas 78711-3047. Comments may be sent via email to cynthia.deroch@tbpc.state.tx.us. Comments regarding whether the reasons for adoption of these rules continue to exist must be received within thirty (30) days of the publication date.

TRD-200403398

Cynthia de Roch

General Counsel

Texas Building and Procurement Commission

Filed: May 19, 2004


State Board of Dental Examiners

Title 22, Part 5

The Texas State Board of Dental Examiners (Board) files this notice of intention to review 22 TAC, Chapter 108, Dental Licensure, §§108.1 - 108.11, 108.20 - 108.25, 108.30 - 108.35, 108.40 - 108.43, 108.50 - 108.61, 108.70, and 108.71. This review is pursuant to §2001.039 of the Texas Government Code, pertaining to agency review of existing rules.

Comments relating to whether these rules should be repealed, readopted, or readopted with changes must be received by 5:00 p.m. on July 5, 2004, and may be submitted to Bobby D. Schmidt, M.Ed., Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite 800, Austin, Texas 78701, (512) 475-1660.

To ensure consideration, comments must clearly specify the particular section of the rule to which they apply. General comments should be labeled as such. Comments should include proposed alternative language as appropriate.

Chapter 108. Professional Responsibility

Subchapter A. Professional Conduct

§108.1. Professional Responsibility.

§108.2. Fair Dealing.

§108.3. Consumer Information.

§108.4. Names of Dentists.

§108.5. Patient Abandonment.

§108.6. Report of Patient Death or Injury Requiring Hospitalization.

§108.7. Minimum Standard of Care, General.

§108.8. Records of the Dentist.

§108.9. Dishonorable Conduct.

§108.10. Reinstatement of Retired License.

§108.11. Display of Registration.

Subchapter B. Sanitation and Infection Control

§108.20. Purpose.

§108.21. Requirements.

§108.22. Access to Dental Office.

§108.23. Definitions.

§108.24. Required Sterilization and Disinfection.

§108.25. Dental Health Care Workers.

Subchapter C. Anesthesia and Anesthetic Agents

§108.30. Effective Date.

§108.31. Definitions.

§108.32. Minimum Standard of Care Anesthesia.

§108.33. Sedation/Anesthesia Permit.

§108.34. Permit Requirements and Clinical Provisions.

§108.35. Authority to Demonstrate Anesthesia.

Subchapter D. Mobile Dental Facilities

§108.40. Permit Required.

§108.41. Definitions.

§108.42. Obtaining a Permit.

§108.43. Operating Requirements for Permitted Mobile Dental Facilities or Portable Dental Units.

Subchapter E. Business Promotion

§108.50. Objectives of Rules.

§108.51. Advertisements.

§108.52. False or Misleading Communications.

§108.53. Professional Announcements.

§108.54. Announcement of Services.

§108.55. Announcement of Credentials in Non-Specialty Areas.

§108.56. Specialty Announcement.

§108.57. Specialist Announcement of Credentials in Non-Specialty Areas.

§108.58. Degrees.

§108.59. Testimonials.

§108.60. False, Misleading or Deceptive Referral Schemes.

§108.61. Unlicensed Clinicians.

Subchapter F. Contractual Agreements

§108.70. Improper Influence on Professional Judgment.

§108.71. Providing Copies of Certain Contracts.

TRD-200403455

Bobby D. Schmidt, M.Ed.

Executive Director

State Board of Dental Examiners

Filed: May 20, 2004


The Texas State Board of Dental Examiners (Board) files this notice of intention to review 22 TAC, Chapter 110, Enteral Conscious Sedation, §§110.1 - 110.4. This review is pursuant to §2001.039 of the Texas Government Code, pertaining to agency review of existing rules.

Comments relating to whether these rules should be repealed, readopted, or readopted with changes must be received by 5:00 p.m. on July 5, 2004, and may be submitted to Bobby D. Schmidt, M.Ed., Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite 800, Austin, Texas 78701, (512) 475-1660.

To ensure consideration, comments must clearly specify the particular section of the rule to which they apply. General comments should be labeled as such. Comments should include proposed alternative language as appropriate.

Chapter 110. Enteral Conscious Sedation

§110.1. Definitions.

§110.2. Permit.

§110.3. Permit Requirements and Clinical Provisions.

§110.4. Effective Date.

TRD-200403456

Bobby D. Schmidt, M.Ed.

Executive Director

State Board of Dental Examiners

Filed: May 20, 2004


The Texas State Board of Dental Examiners (Board) files this notice of intention to review 22 TAC, Chapter 112, Visual Dental Health Inspections, §112.1 and §112.2. This review is pursuant to §2001.039 of the Texas Government Code, pertaining to agency review of existing rules.

Comments relating to whether these rules should be repealed, readopted, or readopted with changes must be received by 5:00 p.m. on July 5, 2004, and may be submitted to Bobby D. Schmidt, M.Ed., Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite 800, Austin, Texas 78701, (512) 475-1660.

To ensure consideration, comments must clearly specify the particular section of the rule to which they apply. General comments should be labeled as such. Comments should include proposed alternative language as appropriate.

Chapter 112. Visual Dental Health Inspections

§112.1. Definitions.

§112.2. Visual Dental Health Inspection.

TRD-200403458

Bobby D. Schmidt, M.Ed.

Executive Director

State Board of Dental Examiners

Filed: May 20, 2004


The Texas State Board of Dental Examiners (Board) files this notice of intention to review 22 TAC, Chapter 113, Requirements for Dental Offices, §113.2. This review is pursuant to §2001.039 of the Texas Government Code, pertaining to agency review of existing rules.

Comments relating to whether these rules should be repealed, readopted, or readopted with changes must be received by 5:00 p.m. on July 5, 2004, and may be submitted to Bobby D. Schmidt, M.Ed., Executive Director, Texas State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite 800, Austin, Texas 78701, (512) 475-1660.

To ensure consideration, comments must clearly specify the particular section of the rule to which they apply. General comments should be labeled as such. Comments should include proposed alternative language as appropriate.

Chapter 113. Requirements for Dental Offices

§113.2. X-ray Laboratories.

TRD-200403459

Bobby D. Schmidt, M.Ed.

Executive Director

State Board of Dental Examiners

Filed: May 20, 2004


Texas State Library and Archives Commission

Title 13, Part 1

The Texas State Library and Archives Commission proposes to review its rules in 13 TAC Chapter 1 concerning library development pursuant to the requirements of the Government Code, §2001.039.

The rules were adopted pursuant to the Government Code §441.136 that requires the Texas State Library and Archives Commission to adopt rules regarding the administration of the program of state grants, including qualifications for major resource system membership. The rules are necessary to carry out the statutory obligations of the Texas State Library and Archives Commission administer grant programs, including the Texas Library Systems.

Written comments on the commission's review of its Chapter 1 rules may be directed to Deborah Littrell, Director, Library Development Division, Box 12927, Austin, Texas 78711-2927. For further information or questions concerning this review, please contact Ms. Littrell at (512) 463-5456 or at deborah.littrell@tsl.state.tx.us.

TRD-200403551

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Filed: May 25, 2004


Texas Department of Transportation

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 21, Right of Way.

The department will accept comments regarding whether the reasons for adopting the rules in Chapter 21 continue to exist. The comment period will last 30 days beginning with the publication of this notice of intention to review.

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

TRD-200403487

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: May 24, 2004