Proposed Rule Review
Texas Board of Pardons and Paroles
Title 37, Part 5
Under the 1997 General Appropriations Act, Article IX, Section 167, Review
of Agency Rules, the Texas Board of Pardons and Paroles files this notice
of intent to review and consider for readoption, revision, or repeal, Texas
Administrative Code, Title 37, Public Safety and Corrections, Part 5, Chapter
149 (Mandatory Supervision), Subchapter A (Rules and Conditions of Mandatory
Supervision) and Subchapter B (Selection for Mandatory Supervision). The Board
undertakes its review pursuant to Government Code, §2001.039, Government
Code. The Board will accept comments for 30 days following the publication
of this notice in the
Texas Register
as to
whether the reasons for adopting the sections under review continue to exist.
The Board has conducted a preliminary review of the rules in Chapter 149
and has determined that reasons for adopting the chapter continue to exist.
As part of this review process, the Board proposed amendments to certain sections
of Chapter 149 (Mandatory Supervision), Subchapter A (Rules and Conditions
of Mandatory Supervision) and Subchapter B (Selection for Mandatory Supervision),
at a public meeting held on May 8, 2002. Those rules proposed for amendment
were published in the June 7, 2002,
Texas Register
(27 TexReg 4927) and are as follows: §§149.1 (Conditions
and Rules of Mandatory Supervision), 149.3 (Texas Mandatory Supervision Offenders
Supervised in Other States), and 149.16 (Mandatory Release Certificate). Following
a 30-day public comment period, during which there were no comments received
from the public, the Board adopted the amendments at a public meeting on August
23, 2002. These amendments were subsequently published in the September 20,
2002, edition of the
Texas Register
(27 TexReg
8967). These amendments became effective on September 26, 2002.
As part of this review process, the Board proposed repeal of certain sections
of Chapter 149 (Mandatory Supervision), Subchapter A (Rules and Conditions
of Mandatory Supervision), at a public meeting held on May 8, 2002. Those
rules proposed for repeal were published in the June 7, 2002,
Texas Register
(27 TexReg 4927), and are as follows: §149.2 (Restitution;
Monthly Amount; Payment; Alterations) and §149.5 (Annual Report Status).
Following a 30-day public comment period, during which there were no comments
received from the public, the Board adopted the repeals at a public meeting
on August 23, 2002. These repeals were subsequently published in the September
20, 2002, edition of the
Texas Register
(27
TexReg 8967). These repeals became effective on September 26, 2002.
The mandatory rules are necessary to carry out the statutory obligations
of the Board relating to review for release on parole or mandatory supervision,
revocation of parole or mandatory supervision. The rules in Title 37, Part
5, Chapter 149, are reviewed and considered for readoption, revision, or repeal,
in accordance with the Texas Government Code, §2001.039, and under authority
of the Texas Government Code, §§508.0441, 508.036, 508.045, 508.141,
508.147, that authorize the Board to adopt reasonable rules as proper or necessary
relating to the eligibility of an offender for release to parole or mandatory
supervision; to adopt rules relating to the decision-making processes used
by the Board of Pardons and Paroles; to act on matters of release to parole
or mandatory supervision; to consider and order release on parole; and release
to mandatory supervision.
In addition, the Texas Board of Pardons and Paroles files this notice of
intent to review and consider for readoption, revision, or repeal, Texas Administrative
Code, Title 37, Public Safety and Corrections, Part 5, Chapter 143 (Executive
Clemency). The Board has conducted a preliminary review of the rules in Chapter
143 and has determined that reasons for adopting the chapter continue to exist.
As part of this review process, the Board proposed amendments to a certain
section of Chapter 143, §143.2 (Pardons for Innocence) at a meeting held
on December 15, 2004. These proposed amendments to §143.2 were published
in the December 31, 2004,
Texas Register
(29
TexReg 12110). Following a 30-day public comment period, during which there
were no comments received from the public, the Board adopted the amendments
at a public meeting on February 16, 2005. These amendments were subsequently
published in the March 4, 2005, edition of the
Texas
Register
(30 TexReg 1316). These amendments became effective on March
10, 2005. The executive clemency rules are necessary to carry out the constitutional
and statutory obligations under Article IV, Section 11, Texas Constitution,
which vests the Board with power to recommend that the Governor grant clemency;
and under Chapter 48, Code of Criminal Procedure, and under §508.036(b),
Government Code, which provides the Board with authority to adopt rules relating
to the decision-making processes used by the Board of Pardons and Paroles.
Any questions or written comments pertaining to this notice of intention
to review should for the next 30-day comment period be directed to Laura McElroy,
General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite
500, Austin, TX 78701, or by e-mail to laura.mcelroy@tdcj.state.tx.us.
TRD-200502924
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Filed: July 18, 2005
General Land Office
Title 31, Part 1
The Texas General Land Office (GLO) files this Notice of Readoption of
31 TAC Chapter 17, relating to Hearing Procedures for Administrative Penalties
and Removal of Unauthorized or Dangerous Structures on State Land, §§17.1
- 17.50. The readoption of Chapter 17 is filed in accordance with the GLO's
Intention to Review published in the March 11, 2005, issue of the
Texas Register
(30 TexReg 1475).
As a result of this Rule Review, the GLO readopts the contents of the following
sections, except as noted.
No comments were received on the proposed notice of intention to review.
The readoption of Chapter 17 is adopted under the Natural Resources Code, §31.051,
which authorizes the commissioner to adopt rules consistent with law.
§17.1. Purpose and Scope.
Note: The contents of §17.1 were amended as a result of the review.
The Notice of Adoption appears in the Adopted Rules section of this issue
of the
Texas Register
.
§17.2. Definitions.
Note: The contents of §17.2 were amended as a result of the review.
The Notice of Adoption appears in the Adopted Rules section of this issue
of the
Texas Register
.
§17.3. Filing of Documents.
Note: The contents of §17.3 were amended as a result of the review.
The Notice of Adoption appears in the Adopted Rules section of this issue
of the
Texas Register
.
§17.4. Computation and Extension of Time Periods.
§17.5. All Agreements Must Be in Writing.
§17.6. Conduct and Decorum.
§17.7. Initiation of General Land Office Action.
Note: The contents of §17.7 were amended as a result of the review.
The Notice of Adoption appears in the Adopted Rules section of this issue
of the
Texas Register
.
§17.8. Request for Hearing.
§17.9. Statement of Grounds.
§17.10. Docketing and Notice.
§17.11. Notice.
§17.12. Pleadings.
§17.13. Motions before the Examiner and Responses to Motions before
the Examiner.
§17.14. Prefiled Testimony and Exhibits.
§17.15. Motions To Retract.
§17.16. Dismissal without Hearing.
§17.17. Prehearing Conference.
§17.18. Motion for Consolidation.
§17.19. Motion for Postponement or Continuance.
§17.20. Time and Place of Hearings.
§17.21. Hearing Examiner.
§17.22. Parties to the Hearings.
§17.23. Order of Procedure.
§17.24. Reporters and Transcripts.
§17.25. Formal Exceptions.
§17.26. Offer of Proof.
§17.27. Interim Order.
§17.28. Witnesses To Be Sworn.
§17.29. Rules of Evidence.
§17.30. Official Notice.
§17.31. Documentary Evidence.
§17.32. Admissibility of Prepared Testimony and Exhibits.
§17.33. Introduction of Exhibits.
§17.34. Testimony Limited.
§17.35. Post-hearing Briefs.
§17.36. The Record.
§17.37. Proposal for Decision.
§17.38. Filing of Exceptions and Replies.
§17.39. Commissioner's Orders.
Note: The contents of §17.39 were amended as a result of the review.
The Notice of Adoption appears in the Adopted Rules section of this issue
of the
Texas Register
.
§17.40. Rehearing.
§17.41. Compliance or Petition for Judicial Review.
Note: The contents of §17.41 were amended as a result of the review.
The Notice of Adoption appears in the Adopted Rules section of this issue
of the
Texas Register
.
§17.42. Administrative Finality.
§17.43. Effective Date of Order.
§17.44. Emergency Order.
§17.45. Show Cause Orders and Complaints.
§17.46. Ex Parte Communications.
Note: The contents of §17.46 were amended as a result of the review.
The Notice of Adoption appears in the Adopted Rules section of this issue
of the
Texas Register
.
§17.47. Subpoenas.
Note: The contents of §17.47 were amended as a result of the review.
The Notice of Adoption appears in the Adopted Rules section of this issue
of the
Texas Register
.
§17.48. Depositions.
Note: The contents of §17.48 were amended as a result of the review.
The Notice of Adoption appears in the Adopted Rules section of this issue
of the
Texas Register
.
§17.49. Appeals.
§17.50. Remedies Not Exclusive.
Note: The contents of §17.50 were amended as a result of the review.
The Notice of Adoption appears in the Adopted Rules section of this issue
of the
Texas Register
.
This concludes the GLO's review of 31 TAC Chapter 17, Hearing Procedures
for Administrative Penalties and Removal of Unauthorized or Dangerous Structures
on State Land.
TRD-200502900
Trace Finley
Policy Director
General Land Office
Filed: July 15, 2005
Title 22, Part 23
The Texas Real Estate Commission (TREC) adopts the review of Chapter 535
(§§535.92 - 535.403) in accordance with the Texas Government Code, §2001.039.
The proposed notice of review was published in the May 7, 2004, issue of the
In conjunction with this review, the agency adopted amendments to §§535.91,
535.92, 535.94, 535.101, 535.122, 535.123, 535.131, 535.132, 535.141, 535.143,
535.147, 535.153, 535.154, 535.171, 535.206, 535.208, 535.213 - 535.217, 535.220,
535.223, 535.224, 535.227, 535.300, 535.400, 535.402, and 535.403. The amendments
change the cites to the relevant statutory provisions in Chapter 1101, Texas
Occupations Code and update the rules for consistency and clarity. The agency
has determined that with this change, the reasons for adopting the sections
in Chapter 535 (§§535.92 - 535.403) continue to exist.
No comments were received in response to the notice of the proposed rule
review as published in the above-referenced issue of the
Texas Register
.
Notice of these actions appeared in the August 27, 2004, issue of the
This concludes the review of Chapter 535, Rules Relating to Provisions
of The Real Estate License Act.
TRD-200502878
Loretta DeHay
General Counsel
Texas Real Estate Commission
Filed: July 14, 2005
Title 40, Part 5
The Texas Veterans Land Board (VLB) files this Notice of Readoption of
40 TAC, Part 5, Chapter 176, relating to Veterans Homes, §§176.1
- 176.11. The readoption of Chapter 176 is filed in accordance with the Veteran
Land Board's Intention to Review published in the December 24, 2004, issue
of the
Texas Register
(29 TexReg 11990).
As a result of this Rule Review, the VLB readopts the contents of the following
sections, except as noted.
No comments were received on the proposed notice of intention to review.
The readoption of Chapter 176 is proposed under the Natural Resources Code, §162.003(b),
which authorizes the VLB to adopt rules concerning the operation of the program.
§176.1. Definitions.
§176.2. Authority.
§176.3. Sale of Bonds.
§176.4. Administration of the State Veterans Home Fund.
§176.5. Appointment of Operator.
§176.6. Operator Qualifications.
§176.7. Admissions Requirements.
Note: The contents of §176.7 were amended as a result of the review.
The Notice of Adoption appears in the Adopted Rules section of this issue
of the
Texas Register
.
§176.8. Qualifying Homes.
§176.9. Fees and Expenses.
§176.10. Rights of Board.
§176.11. Construction Requirements.
This concludes the VLB's review of Chapter 176, Veterans Homes.
TRD-200502898
Larry L. Laine
Chief Clerk/Deputy Land Commissioner
Texas Veterans Land Board
Filed: July 15, 2005
Adopted Rule Reviews
Texas Real Estate Commission
Texas Veterans Land Board