TITLE rule-review

Adopted Rule Reviews

Texas Funeral Service Commission

Title 22, Part 10

The Texas Funeral Service Commission (TFSC) has completed the review of Texas Administrative Code, Title 22, Part 10, Chapter 201, relating to Licensing and Enforcement--Practice and Procedure and Chapter 203, relating to Licensing and Enforcement--Specific Substantive Rules.

Notice of the proposed review and a request for comments was published in the May 27, 2005, issue of the Texas Register (30 TexReg 3125).

The Commission received no comments with respect to these Chapters. The Commission believes that the reasons for initially adopting these rules contained therein continue to exist. Accordingly, the Commission re-adopts Chapters 201 and 203 without changes, except §§201.3, 201.11, and 203.33 which are amended by order of the Commission. The amended sections will be published in the Adopted Rules Section at a later date. Further, §§203.6, 203.27, and 203.29 are proposed for amendment and will be published in the Proposed Rules Section at a later date.

This concludes the review of Chapters 201 and 203, Rules Relating to Licensing and Enforcement

TRD-200503435

O.C. Robbins

Executive Director

Texas Funeral Service Commission

Filed: August 17, 2005


Texas Department of Licensing and Regulation

Title 16, Part 4

The Texas Department of Licensing and Regulation (Department) readopts the administrative rules of 16 Texas Administrative Code (TAC), Chapter 64, Temporary Common Worker Employers in accordance with the Texas Government Code, §2001.039. The Notice of Intent to Review was published in the May 20, 2005, issue of the Texas Register (30 TexReg 3039).

In accordance with the requirements of Texas Government Code, §2001.039, the Department reviewed the administrative rules of TAC Chapter 64, Temporary Common Worker Employers to determine if the rules were obsolete, reflected current legal and policy considerations and reflected current procedures of the Department.

The Department’s review has determined that the reasons for initially adopting the rules continue to exist. The rules are still essential in implementing the provisions of Texas Labor Code, Chapter 92. Based on the Department’s review, however, the Department expects to propose that amendments be made to clarify statutory and administrative rule requirements.

Proposed changes will be published in the Proposed Rules Section of the Texas Register and will be open for public comment prior to final adoption by the Commission in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

The Notice of Intent to Review was distributed to persons internal and external to the agency. The public comment period closed on June 20, 2005. No public comments were received.

The rules are re-adopted in accordance with Texas Government Code, §2001.039. This concludes the review of 16 TAC, Chapter 64.

TRD-200503361

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: August 12, 2005


The Texas Department of Licensing and Regulation (Department) readopts the administrative rules of 16 Texas Administrative Code (TAC), Chapter 78, Talent Agencies in accordance with the Texas Government Code, §2001.039. The Notice of Intent to Review was published in the May 20, 2005, issue of the Texas Register (30 TexReg 3040).

In accordance with the requirements of Texas Government Code, §2001.039, the Department reviewed the administrative rules of TAC Chapter 78, Talent Agencies to determine if the rules were obsolete, reflected current legal and policy considerations and reflected current procedures of the Department.

The Department’s review has determined that the reasons for initially adopting the rules continue to exist. The rules are still essential in implementing the provisions of Texas Occupations Code, Chapter 2105. Based on the Department’s review, however, the Department expects to propose that amendments be made to clarify statutory and administrative rule requirements.

The Department will host a focus group meeting in late August 2005 to provide a forum for stakeholders to discuss the comments and requests for rule changes. Proposed changes will be published in the Proposed Rules Section of the Texas Register and will be open for public comment prior to final adoption by the Commission in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

The Notice of Intent to Review was distributed to persons internal and external to the agency. The public comment period closed on June 20, 2005. The Department received public comment from two individuals and/or organizations with specific comments and suggested changes for consideration.

The Houston, Texas branches of the American Federation of Television and Radio Artists and the Screen Actors Guild collaboratively submitted comments pertaining to numerous suggestions for modifications of existing rules as advocates on behalf of artists. Also, comments were received by the owner of a registered talent agency located in Austin, Texas.

The comments are under consideration for possible rule changes. The rules are re-adopted in accordance with Texas Government Code, §2001.039. This concludes the review of 16 TAC, Chapter 78.

TRD-200503360

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: August 12, 2005


Texas State Board of Podiatric Medical Examiners

Title 22, Part 18

The Texas State Board of Podiatric Medical Examiners adopts the rule review which was published in the June 10, 2005, issue of the Texas Register (30 TexReg 3437). The Board reviewed Chapters 371, 373, 375, 376, 377, 378, 379, 380, 381, 382, 383 and 390 of Title 22 of the Texas Administrative Code .

No public comments were received regarding the rule review.

The Board has determined that the reasons for adopting the rules contained in the reviewed chapters continue to exist, and the Board re-adopts the rules. However, the Board has proposed changes. The proposals will appear in the "Proposed Rules" section of the Texas Register .

The Board adopts this rule review under the authority of Texas Government Code, §2001.039, which requires all agencies to review rule periodically to determine whether the reasons for the adoption of the rule continue to exist. The Board obtains the authority to adopt rules from Texas Occupations Code, §202.151, which provides the Board with the authority to adopt rules that are reasonable or necessary, that are consistent with the law regulating the practice of podiatry, the law of this state, and the law of the United States to govern its proceedings and activities, the regulation of the practice of podiatry, and the enforcement of the law regulating the practice of podiatry.

TRD-200503353

Janie Alonzo

Staff Services Officer V

Texas State Board of Podiatric Medical Examiners

Filed: August 12, 2005