TITLE rule-review

Proposed Rule Reviews

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 the Texas Government Code, §2001.039, the Texas Building and Procurement Commission proposes to review Chapter 117, Support Services Division.

Chapter 117 relates to the operation of support services including mail and messenger services, business machine repair service, the central supply store, and printing.

TBPC finds that the basis for the original adoption of Chapter 117 continues to exist. The rules remain valid and applicable.

Comments on the proposals may be submitted to Cynthia de Roch, General Counsel, Texas Building and Procurement Commission, P.O. Box 13047, Austin, Texas 78711-3047. Comments may also be sent via email to cynthia.deroch@tbpc.state.tx.us. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register .

TRD-200402703

Cynthia de Roch

General Counsel

Texas Building and Procurement Commission

Filed: April 22, 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 proposes to review Chapter 123, Facilities Construction and Space Management Division.

Chapter 123 relates to the acquisition of real property, both through negotiations and condemnation, and the administration of construction projects.

TBPC finds that the basis for the original adoption of each rule in Chapter 123 continues to exist. The rules remain valid and applicable.

Comments on the proposals may be submitted to Cynthia de Roch, General Counsel, Texas Building and Procurement Commission, P.O. Box 13047, Austin, Texas 78711-3047. Comments may also be sent via email to cynthia.deroch@tbpc.state.tx.us. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register .

TRD-200402704

Cynthia de Roch

General Counsel

Texas Building and Procurement Commission

Filed: April 22, 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 proposes to review Chapter 125, Support Services Division-Travel and Vehicle.

Chapter 125 relates to the Travel Management Services, State Vehicle Fleet Management, and the Texas Alternative Fuel Program.

TBPC finds that the basis for the original adoption of each rule in Chapter 125 continues to exist. The rules remain valid and applicable.

Comments on the proposals may be submitted to Cynthia de Roch, General Counsel, Texas Building and Procurement Commission, P.O. Box 13047, Austin, Texas 78711-3047. Comments may also be sent via email to cynthia.deroch@tbpc.state.tx.us. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register .

TRD-200402705

Cynthia de Roch

General Counsel

Texas Building and Procurement Commission

Filed: April 22, 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 4 concerning school library programs pursuant to the requirements of the Government Code, §2001.039.

The rules were adopted pursuant to the Education Code, §33.021 that requires the Texas State Library and Archives Commission to adopt standards regarding school library programs. The rules are necessary to carry out the statutory obligations of the Texas State Library and Archives Commission for the establishment of standards for school library programs.

Comments on the commission's review of its rules in Chapter 4 may be directed to Deborah Littrell, Director, Library Development Division, Box 12927, Austin, Texas. 78711-2927. For further information or questions concerning this proposal, please contact Ms. Littrell at (512) 463-5456 or at deborah.littrell@tsl.state.tx.us.

TRD-200402710

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Filed: April 22, 2004


Texas Real Estate Commission

Title 22, Part 23

The Texas Real Estate Commission (TREC) proposes to review Chapter 535 (§§535.92 - 535.403) in accordance with the Texas Government Code, §2001.039, and the General Appropriations Act of 1999, Article IX, Section 167.

Review of the rules under these chapters will determine whether the reasons for adoption of the rules continues to exist. During the review process, TREC may also determine that a specific rule may need to be amended to further refine TREC's legal and policy considerations, whether the rules reflect current TREC procedures, that no changes to a rule as currently in effect are necessary, or that a rule is not longer valid or applicable. Rules will also be combined or reduced for simplification and clarity when feasible. Readopted rules will be noted in the Texas Register's Rules Review section without publication of the text. Any proposed amendments or repeal of a rule or chapter 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.

TREC invites comments during the review process for 30 days following the publication of this notice in the Texas Register . Any questions or comments pertaining to this notice of intention to review should be directed to Loretta R. DeHay, General Counsel, Texas Real Estate Commission. P.O. Box 12188, Austin, Texas 78711-2188 or e-mail to general.counsel@trec.state.tx.us within 30 days of publication.

TRD-200402694

Loretta DeHay

General Counsel

Texas Real Estate Commission

Filed: April 22, 2004


Texas Department of Transportation

Title 43, Part 1

Notice of Intention to Review: 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 1, Management, and Chapter 11, Design.

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.

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-200402805

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: April 28, 2004


Adopted Rule Reviews

Texas Department of Agriculture

Title 4, Part 1

The Texas Department of Agriculture (the department) adopts without changes the rule review proposed for Title 4, Texas Administrative Code, Part 1, Chapter 13, concerning Grain Warehouse Regulation, 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, Chapter 13 by the department at this time indicates that Chapter 13 should be repealed in its entirety and replaced with a new Chapter 13, which contains new grain warehouse regulations §§13.1-13.20. These new regulations have been updated and provide more comprehensive requirements and procedures for licensing of persons as grain warehouse operators. Accordingly, as part of the review process the department has adopted the repeal of §§13.1-13.4 and new §§13.1-13.20. These were published in the proposed rule section of the March 26, 2004, issue of the Texas Register (29 TexReg 3008). One comment was received on the proposal and is addressed in the adoption preamble for the new sections. No comments were received on the proposed review.

TRD-200402790

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: April 27, 2004


Texas Higher Education Coordinating Board

Title 19, Part 1

The Texas Higher Education Coordinating Board adopts the review of Chapter 21 concerning Student Services. The proposed notice of review was published in the February 20, 2004, issue of the Texas Register (29 TexReg 1677). During its review, the Board determined that the initial reasons for adopting these sections continue to exist. The rules are therefore readopted in accordance with the requirements of the Government Code, §2001.039.

As part of the review process but in a separate proposal, the Texas Higher Education Coordinating Board has proposed the following rule changes: amendments to Subchapter B, §§21.26; amendments to Subchapter E §§21.124 - 21.127 and §21.129; amendments to Subchapter G §21.174; amendments to Subchapter J §21.256; the repeal of Subchapter K, §§21.281 - 21.288; and new §§21.281 - 21.287; the repeal of Subchapter M, §§21.401 - 21.410; and new §§21.401 - 21.408; amendments to Subchapter R, §21.560; amendments to Subchapter W, §§21.710, 21.711, 21.714, and 21.717 - 21.722; the repeal of Subchapter X, §§21.740 - 21.749; the repeal of Subchapter Y, §§21.770 - 21.779; the repeal of Subchapter CC, §§21.950 - 21.960; and new §§21.950 - 21.960; the repeal of Subchapter EE, §§21.990 - 21.999; and new §§21.990 - 21.994; the repeal of Subchapter II, §§21.1080 - 21.1089; and new §§21.1080 - 21.1089; amendments to Subchapter JJ, §§21.2001, 21.2003, 21.2004, 21.2006 - 21.2008; new Subchapter MM, §§21.2080 - 21.2089 which have been filed simultaneously with this rule review and readoption.

This concludes the Board’s review of Chapter 21 as required by the Texas Government Code, §2001.039.

TRD-200402816

Jan Greenberg

General Counsel

Texas Higher Education Coordinating Board

Filed: April 28, 2004