Agency Rule Review Plan
Texas State Cemetery Committee
Title 13, Part 5
TRD-200502496
Filed: June 15, 2005
Title 40, Part 7
TRD-200502497
Filed: June 15, 2005
Texas State Cemetery Committee
Title 13, Part 5
Pursuant to the Administrative Procedure Act (APA), Gov't Code §2001.039,
Agency Review of Existing Rules, the Texas Building and Procurement Commission
proposes to review 13 TAC Chapter 71 pertaining to the Texas State Cemetery
Committee. The review will determine whether the rules will be amended, repealed,
or re-adopted.
The committee's existing rules may be found on the cemetery website at
http://www.cemetery.state.tx.us or in the Texas Administrative Code (TAC)
at 13 TAC Chapter 71, §§71.1, 71.3, 71.11, 71.13, 71.14, 71.15,
71.17, 71.19, 71.21, and 71.23.
Actions to amend, repeal, or adopt rules may begin independently of this
schedule if required by legislative action, court decision, committee decision,
or other causes. In those instances, reasonable opportunity for comments will
be provided pursuant to APA §2001.029.
Public comment on the proposed rule review may be sent by mail to Elizabeth
J. Boyt, Texas Building and Procurement Commission, P.O. Box 13047, Austin,
Texas 78711-3047 or by fax to 512-236-6171. Comments may also be emailed to
elizabeth.boyt@tbpc.state.tx.us. The deadline for comments is thirty days
from the date of publication of this notice.
The review of the rules will begin June, 2005 and will be completed by
November, 2005.
TRD-200502499
Ingrid K. Hansen
General Counsel
Texas State Cemetery Committee
Filed: June 15, 2005
Title 40, Part 7
Pursuant to the Administrative Procedure Act (APA), Gov't Code §2001.039,
Agency Review of Existing Rules, the Texas Building and Procurement Commission
proposes to review 40 TAC Chapter 189, pertaining to the Texas Council on
Purchasing from People with Disabilities. The review will determine whether
the rules will be amended, repealed, or re-adopted.
The council's existing rules may be found on the website at http://www.tcppd.state.tx.us
or in the Texas Administrative Code (TAC) at 40 TAC Chapter 189, §§189.1
- 189.10.
Actions to amend, repeal, or adopt rules may begin independently of this
schedule if required by legislative action, court decision, committee decision,
or other causes. In those instances, reasonable opportunity for comments will
be provided pursuant to APA §2001.029.
Public comment on the proposed rule review may be sent by mail to Elizabeth
J. Boyt, Texas Building and Procurement Commission, P.O. Box 13047, Austin,
Texas 78711-3047 or by fax to 512-236-6171. Comments may also be emailed to
elizabeth.boyt@tbpc.state.tx.us. The deadline for comments is thirty days
from the date of publication of this notice.
The review of the rules will begin June, 2005 and will be completed by
November, 2005.
TRD-200502498
Ingrid K. Hansen
General Counsel
Texas Council on Purchasing from People with Disabilities
Filed: June 15, 2005
Office of Consumer Credit Commissioner
Title 7, Part 5
The Finance Commission of Texas, on behalf of the Office of Consumer Credit
Commissioner (agency), has completed the review of Texas Administrative Code,
Title 7, Part 5, Chapter 85, relating to Rules of Operation for Pawnshops,
pursuant to §2001.039, Texas Government Code. Notice of the review of
7 TAC, Part 5, Chapter 85, was published in the
Texas Register
as required on April 8, 2005 (30 TexReg 2099). The agency
received no comments in response to that notice.
The Office of Consumer Credit Commissioner, which administers these rules,
believes that the reasons for initially adopting the rules contained in this
chapter continue to exist. However, the agency determined that certain revisions
are appropriate and necessary. Proposed amendments to Chapter 85, Subchapter
B (§§85.202-85.203, 85.205-85.206, and 85.210-85.211), relating
to Pawnshop License; Subchapter C (§§85.301 and 85.303-85.304),
relating to Pawnshop Employee License; Subchapter D (§§85.401, 85.404,
85.407, 85.410, 85.413, 85.416, 85.418, and 85.420), relating to Operation
of Pawnshops; Subchapter E (§85.503), relating to Inspections and Examination;
and Subchapter F (§85.603 and §85.607), relating to License Revocation,
Suspension, and Surrender, are being concurrently published in the Proposed
Rules Section of this issue of the
Texas Register
and will be open for an additional 30-day public comment period prior
to final adoption or repeal by the commission. Amendments to §85.402
and §85.405 will be proposed at a later date, depending upon the outcome
of pending legislation.
Also, proposed new §85.308, regarding Availability of Pawnshop Employee
License Information, and the proposed repeal of §85.409, regarding Sale
of Pawn Transactions, are each being concurrently published elsewhere in this
issue of the
Texas Register
, and will be open
for an additional 30-day public comment period prior to final adoption or
repeal by the commission.
Any questions or written comments pertaining to the proposed changes (published
elsewhere in this issue) resulting from this rule review should be directed
to Sealy Hutchings, General Counsel, Office of Consumer Credit Commissioner,
2601 North Lamar Boulevard, Austin, Texas 78705-4207, or by e-mail to sealy.hutchings@occc.state.tx.us.
Subject to the proposed amendments to sections in Chapter 85, the commission
finds that the reasons for initially adopting these rules continue to exist,
and readopts these sections without changes in accordance with the requirements
of Texas Government Code §2001.039.
This concludes the review of 7 TAC, Chapter 85.
TRD-200502527
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: June 17, 2005
Title 7, Part 6
The Credit Union Commission has completed the review of Texas Administrative
Code Title 7, Chapter 91, §§91.103 relating public notice of department
activities; 91.104 relating to notice of applications; 91.105 relating to
applications for authorization from the commissioner; 91.110 relating to protest
procedures for applications; 91.120 relating to posting of notice regarding
certain loan agreements; 91.201 relating to incorporation procedures; 91.206
relating to underserved area credit unions - secondary capital; 91.210 relating
to foreign credit unions; 91.1110 relating to share and deposit guaranty requirements;
91.3001 relating to opportunity to submit comments on certain applications;
and 91.3002 relating to conduct of meetings to receive comments. Notice of
the proposed review and a request for comments was published in the March
18, 2005 issue of the
Texas Register
(30 TexReg
1645).
The Commission received no comments with respect to these rules. The Department
believes that the reasons for initially adopting these rules continue to exist.
The Commission finds that the reasons for initially adopting 7 TAC §§91.103,
91.104, 91.105, 91.110, 91.120, 91.201, 91.206, 91.210, 91.1110, 91.3001,
and 91.3002 continue to exist and readopts these sections without changes,
pursuant to the requirements of Government Code, Section 2001.039.
TRD-200502531
Harold E. Feeney
Commissioner
Credit Union Department
Filed: June 20, 2005
Title 34, Part 4
The Employees Retirement System of Texas ("ERS") has completed its review
of Texas Administrative Code, Title 34, Part 4, Chapter 74 (Qualified Domestic
Relations Orders) and Chapter 81 (Insurance), in accordance with the requirements
of Texas Government Code §2001.039. The notice of intent to review these
rules was published in the May 6, 2005, issue of the
Texas Register
(30 TexReg 2693). ERS received no comments regarding
these reviews.
As a result of the reviews, ERS has determined that the reasons for adopting
the rules contained in Chapters 74 and 81 continue to exist, and both chapters
are, therefore, readopted without changes. If it is later determined that
amendments need to be made to either chapter, those amendments will be made
in accordance with Texas Administrative Code and Texas Register requirements.
This concludes ERS' review of 34 Texas Administrative Code Chapters 74
and 81 at this time.
TRD-200502504
Paula A. Jones
General Counsel
Employees Retirement System of Texas
Filed: June 16, 2005
Title 7, Part 1
The Finance Commission of Texas, on behalf of the Office of Consumer Credit
Commissioner (agency), has completed the review of Texas Administrative Code,
Title 7, Part 1, Chapter 1, Subchapter J (§§1.826-1.828; 1.830-1.839;
1.841; and 1.845), relating to Authorized Lender's Duties and Authority; Subchapter
K (§§1.851-1.858 and 1.860-1.863), relating to Prohibitions on Authorized
Lenders; Subchapter P (§§1.901-1.902), relating to Registration
of Retail Creditors; and Subchapter R (§§1.1301-1.1309), relating
to Motor Vehicle Installment Sales Contract Provisions, pursuant to §2001.039,
Texas Government Code.
Notice of the review of 7 TAC, Chapter 1, Subchapters J, K, P, and R, was
published in the
Texas Register
as required
on April 8, 2005 (30 TexReg 2099). The agency received no comments in response
to that notice.
The Office of Consumer Credit Commissioner, which administers these rules,
believes that the reasons for initially adopting the rules contained in these
subchapters continue to exist. However, the agency determined that certain
revisions are appropriate and necessary. Proposed amendments to Chapter 1,
Subchapter J (§§1.828, 1.836, 1.839, 1.841, and 1.845), relating
to Authorized Lender's Duties and Authority; Subchapter K (§§1.856-1.858
and 1.861), relating to Prohibitions on Authorized Lenders; Subchapter P (§§1.901-1.902),
relating to Registration of Retail Creditors; and Subchapter R (§§1.1301,
1.1303, and 1.1307-1.1308), relating to Motor Vehicle Installment Sales Contract
Provisions, are being concurrently published in the Proposed Rules Section
of this issue of the
Texas Register
and will
be open for an additional 30-day public comment period prior to final adoption
or repeal by the commission. Additional amendments to revise §§1.830-1.831
and 1.833 are anticipated in the near future.
Any questions or written comments pertaining to the proposed changes (published
elsewhere in this issue) resulting from this rule review should be directed
to Sealy Hutchings, General Counsel, Office of Consumer Credit Commissioner,
2601 North Lamar Boulevard, Austin, Texas 78705-4207, or by e-mail to sealy.hutchings@occc.state.tx.us.
Subject to the proposed amendments to sections in Chapter 1, Subchapters
J, K, P, and R, the commission finds that the reasons for initially adopting
these rules continue to exist, and readopts these sections without changes
in accordance with the requirements of Texas Government Code §2001.039.
This concludes the review of 7 TAC, Chapter 1, Subchapters J, K, P, and
R.
TRD-200502526
Leslie Pettijohn
Commissioner
Finance Commission of Texas
Filed: June 17, 2005
Texas Council on Purchasing from People with Disabilities
Proposed Rule Reviews
Texas Council on Purchasing from People with Disabilities
Adopted Rule Reviews
Credit Union Department
Employees Retirement System of Texas
Finance Commission of Texas