The Texas Department of Agriculture (the department) adopts without changes the rule review proposed for Title 4, Texas Administrative Code, Part 1, Chapter 7, concerning Pesticides, pursuant to the Texas Government Code, §2001.039. The proposed notice of intent to review was published in the May 20, 2005, issue of the Texas Register (30 TexReg 3039). No comments were received on the proposal.

Section 2001.039 requires state agencies to review each of their rules every four years and consider the rules under review for readoption, revision or repeal. 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 7, conducted by the department at this time indicates that the original justification for the rules continues to exist and the department is readopting all sections in this chapter without changes.

TRD-200502702

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: July 1, 2005

Title 16, Part 4

The Texas Department of Licensing and Regulation (Department) readopts the administrative rules of 16 Texas Administrative Code (TAC), Chapter 68, Elimination of Architectural Barriers in accordance with the Texas Government Code, §2001.039. The Notice of Intent to Review was published in the March 18, 2005, issue of the Texas Register (30 TexReg 1645).

In accordance with the requirements of Texas Government Code, §2001.039, the Department reviewed the administrative rules of TAC Chapter 68, Elimination of Architectural Barriers to determine if the rules are obsolete, reflect current legal and policy considerations and reflect 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 Government Code, Chapter 469. However, based on comments received and the Department’s review, the Department proposes that amendments be made which may be helpful in clarifying statutory and administrative rule requirements and bring the rules more in line with current law and Department procedures.

Recommended changes will be presented to the Architectural Barriers Advisory Committee for their review and consideration. 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 or repeal by the Department 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 April 18, 2005. The Department received public comments from seven individuals and/or organizations with specific comments and suggested changes for consideration. The following is a summary of the public comments.

One commenter expressed generally that changes to the rules should bring the state accessibility standards into line with the new federal Americans with Disabilities Act Accessibility Guidelines (ADAAG). While the Department recognizes the importance of being consistent with federal standards, one should note that the ADAAG referenced by the commenter has not yet been adopted by the federal government through the rulemaking process. At this time the new ADAAG has no legal effect. However, the Department will continue to monitor the federal rulemaking process.

One commenter suggested updating the language of §68.20(e) related to exempting certain buildings or facilities of religious organizations.

One commenter suggested that accessibility inspections should be better coordinated with other permitting that occurs in the construction process.

One commenter suggested rule changes to clarify the role of the design professional and to revise certain time deadlines in the rules.

One commenter suggested rule changes and changes to the Texas Accessibility Standards (TAS) to address pedestrian elements at hazardous vehicular areas that are on-site, i.e., not in a public right of way. The commenter also suggested changes to provisions concerning detectable warnings.

The Texas Department of Transportation suggested the following changes: to define the term "completion of construction" in the context of road construction; to define "public right of way" in a manner that would include hike and bike trails; to define certain curb ramp terms; to place a 60-day time limit on the Department making a determination on variance applications; to clarify when inspections may be performed in the context of a roadway; and to update public right-of-way provisions, including those related to detectable warnings.

The Texas Registered Accessibility Specialist Association suggested the following changes: to require the person performing an inspection to possess the project file; to clarify the completion date of a project; to remove the requirement that an owner’s designation of an agent be in writing; to clarify the deadline for filing a project registration form; to remove a requirement that the registered accessibility specialist verify ownership of a building or facility; to remove language relating to conditional approvals of construction documents; to require the building or facility owner to give written notice of any changes or delays in the completion date or cancellation of the project; to relocate and clarify a provision requiring an owner to pay an inspection fee and give notice of a point of contact; to remove the prohibition against a registered accessibility specialist submitting or preparing a variance application for a project in which he or she has provided review or inspection services; to clarify the definition of "renovation, modification, or alteration" and to clarify that a project with multiple phases is considered one project; to amend the variance procedure expressly to allow a request to postpone implementation of a standard; and to allow a registration confirmation page to substitute for a project registration form.

These comments are under consideration for possible rule changes. The Texas Accessibility Standards (TAS) itself is not part of this rule review, but any comments related to TAS will be considered in the context of any future revisions to TAS.

The rules are re-adopted in accordance with Texas Government Code, §2001.039. This concludes the review of 16 TAC, Chapter 68.

TRD-200502720

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: July 1, 2005

The Texas Department of Licensing and Regulation (Department) readopts the administrative rules of 16 Texas Administrative Code (TAC), Chapter 74, Elevators, Escalators, and Related Equipment in accordance with the Texas Government Code, §2001.039. The Notice of Intent to Review was published in the March 18, 2005, issue of the Texas Register (30 TexReg 1646).

In accordance with the requirements of Texas Government Code, §2001.039, the Department reviewed the administrative rules of TAC Chapter 74, Elevators, Escalators, and Related Equipment 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 Health and Safety Code, Chapter 754. Based on the Department’s review, however, the Department proposes that amendments be made which may be helpful in clarifying statutory and administrative rule requirements and bring them more in line with current law and Department procedures.

Recommended changes will be presented to the Elevator Advisory Board for its review and consideration. 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 or repeal by the Department 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 April 18, 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 74.

TRD-200502721

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: July 1, 2005

The Texas Department of Licensing and Regulation (Department) readopts the administrative rules of 16 Texas Administrative Code (TAC), Chapter 75, Air Conditioning and Refrigeration Contractor License Law in accordance with the Texas Government Code, §2001.039. The Notice of Intent to Review was published in the April 1, 2005, issue of the Texas Register (30 TexReg 1959).

In accordance with the requirements of Texas Government Code, §2001.039, the Department reviewed the administrative rules of TAC Chapter 75, Air Conditioning and Refrigeration Contractor License Law 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 1302. Based on the Department’s review, however, the Department proposes that amendments be made which may be helpful in clarifying statutory and administrative rule requirements and bring them more in line with current law and Department procedures.

Recommended changes will be presented to the Air Conditioning and Refrigeration Contractors Advisory Board for its review and consideration. 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 or repeal by the Department 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 May 2, 2005. The Department received one public comment from an individual who, as an electrical licensee, was concerned the repeal of the HVAC rules would have a negative effect on the regulation of electricians.

The comment is 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 75.

TRD-200502722

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: July 1, 2005