TITLE rule-review

Proposed Rule Reviews

Texas Animal Health Commission

Title 4, Part 2

The Texas Animal Health Commission (commission), will review and consider for readoption, revision, or repeal Chapter 43, concerning "Tuberculosis," in accordance with the Texas Government Code, §2001.039. The rules to be reviewed are found in Chapter 43, which is located in Title 4, Part 2, of the Texas Administrative Code and contain the following subchapters and sections:

Subchapter A, entitled "Cattle": §43.1, Cattle (All Dairy and Beef Animals, genus Bos), and Bison (genus Bison); §43.2, Interstate Movement Requirements; and §43.3, Slaughter Plant Collection;

Subchapter B, entitled "Goats": §43.10, Definitions; §43.11, Accredited Herd Plan for Goats; and §43.12, Requirements for Entry into Texas;

Subchapter C, entitled "Eradication of Tuberculosis in Cervidae": §43.20, Definitions; §43.21, General Requirements; §43.22, Herd Status Plans for Cervidae; and §43.23, Requirements for Entry into Texas;

Subchapter D, entitled "Movement Restriction Zone" (MRZ): §43.30, Special Requirements for Movement Restriction Zone (MRZ); and §43.31, Testing Requirements in Movement Restriction Zone (MRZ).

The commission finds reason for the rules to continue to exist but will consider comments related to whether reasons for readoption of these rules continue to exist, whether amendments or changes are needed, or whether repeal of the chapter is appropriate. Any changes to the rules will be proposed by the commission after reviewing the rules and considering the comments received in response to this notice. Any proposed rule changes will then appear in the "Proposed Rules" section of the Texas Register and will be adopted in accordance with the requirements of the Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001.

The comment period will last for 30 days beginning with the publication of this notice of intention to review. Comments or questions regarding this notice of intention to review may be submitted in writing, within 30 days following the publication of this notice in the Texas Register , to Delores Holubec, P.O. Box 12966, Austin, Texas 78711-2966. They may also be sent by facsimile to (512) 719-0721 or by e-mail to comments@tahc.state.tx.us. Comments will be reviewed and discussed in a future commission meeting.

TRD-200500886

Gene Snelson

General Counsel

Texas Animal Health Commission

Filed: February 28, 2005


The Texas Animal Health Commission (commission), will review and consider for readoption, revision, or repeal Chapter 55, concerning "Swine," in accordance with the Texas Government Code, §2001.039. The rules to be reviewed are found in Chapter 55, which is located in Title 4, Part 2, of the Texas Administrative Code and contain the following sections: §55.1, Testing Breeding Swine Prior to Sale or Change of Ownership; §55.2, Prohibition on the Use of Modified Live Virus Hog Cholera Vaccine; §55.3, Feeding of Garbage; §55.4, Livestock Markets Handling Swine; §55.5, Pseudorabies; §55.6, Entry Requirements; §55.7, Slaughter Plant Requirements; §55.8, Dealer Recordkeeping; and §55.9, Feral Swine.

The commission finds reason for the rules to continue to exist but will consider comments related to whether reasons for readoption of these rules continue to exist, whether amendments or changes are needed, or whether repeal of the chapter is appropriate. Any changes to the rules will be proposed by the commission after reviewing the rules and considering the comments received in response to this notice. Any proposed rule changes will then appear in the "Proposed Rules" section of the Texas Register and will be adopted in accordance with the requirements of the Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001.

The comment period will last for 30 days beginning with the publication of this notice of intention to review. Comments or questions regarding this notice of intention to review may be submitted in writing, within 30 days following the publication of this notice in the Texas Register , to Delores Holubec, P.O. Box 12966, Austin, Texas 78711-2966. They may also be sent by facsimile to (512) 719-0721 or by e-mail to comments@tahc.state.tx.us. Comments will be reviewed and discussed in a future commission meeting.

TRD-200500887

Gene Snelson

General Counsel

Texas Animal Health Commission

Filed: February 28, 2005


General Land Office

Title 31, Part 1

In accordance with §2001.039 Government Code, the Texas General Land Office (GLO) submits the following Notice of Intent to Review the rules found in 31 TAC, Part 1, Chapter 17 relating to Hearing Procedures for Administrative Penalties and Removal of Unauthorized or Dangerous Structures On State Land, §§17.1 - 17.50. This review of Chapter 17 is filed in accordance with the General Land Office's Rule Review Plan published in the October 15, 2004, issue of the Texas Register (29 TexReg 9697).

Review of the rules under this chapter will determine whether the reasons for adoption of the rules continue to exist. This Notice of Intent to Review of 31 TAC, Part 1, Chapter 17: Hearing Procedures for Administrative Penalties and Removal of Unauthorized or Dangerous Structures On State Land, applies to the chapter in its entirety.

The GLO invites suggestions from the public during the review process and will address any comments received. Any questions or comments should be directed to Walter Talley, Texas Register Liason, General Land Office, P.O. Box 12873, Austin, Texas 78711, facsimile number (512) 463-6311 or email to walter.talley@glo.state.tx.us. Written comments must be received no later than thirty (30) days from the date of publication of this notice.

TRD-200500849

Trace Finley

Policy Director

General Land Office

Filed: February 24, 2005


School Land Board

Title 31, Part 4

In accordance with Section 2001.039 Government Code, the School Land Board (SLB) submits the following Notice of Intent to Review the rules found in 31 TAC Part 4, Chapter 151 relating to Operations Of The School Land Board. Review of the rules under this chapter will determine whether the reasons for adoption of the rules continue to exist. During the review process, the Board may also determine that a specific rule may need to be amended to further refine the directives and goals of the Board, that no changes to a rule as currently in effect are necessary or that a rule is no longer valid or applicable. Rules may 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 prior to final adoption or repeal.

The proposed review of Chapter 151 is filed in accordance with the General Land Office's Rule Review Plan published in the October 15, 2004, issue of the Texas Register (29 TexReg 9697).

The SLB invites suggestions from the public during the review process and will address any comments received. Any questions or comments should be directed to Walter Talley, Texas Register Liaison, Texas General Land Office, P.O. Box 12873, Austin, TX 78711, facsimile number (512) 463-6311 or email to walter.talley@glo.state.tx.us. Written comments must be received no later than thirty (30) days from the date of publication of this notice.

TRD-200500853

Larry L. Laine

Chief Clerk, Deputy Land Commissioner

School Land Board

Filed: February 24, 2005


In accordance with Section 2001.039 Government Code, the School Land Board (SLB) submits the following Notice of Intent to Review the rules found in 31 TAC Part 4, Chapter 154 relating to Land Sales, Acquisitions, And Trades. Review of the rules under this chapter will determine whether the reasons for adoption of the rules continue to exist. During the review process, the Board may also determine that a specific rule may need to be amended to further refine the directives and goals of the Board, that no changes to a rule as currently in effect are necessary or that a rule is no longer valid or applicable. Rules may 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 prior to final adoption or repeal.

The proposed review of Chapter 154 is filed in accordance with the General Land Office's Rule Review Plan published in the October 15, 2004, issue of the Texas Register (29 TexReg 9697).

The SLB invites suggestions from the public during the review process and will address any comments received. Any questions or comments should be directed to Walter Talley, Texas Register Liaison, Texas General Land Office, P.O. Box 12873, Austin, TX 78711, facsimile number (512) 463-6311 or email to walter.talley@glo.state.tx.us. Written comments must be received no later than thirty (30) days from the date of publication of this notice.

TRD-200500854

Larry L. Laine

Chief Clerk, Deputy Land Commissioner

School Land Board

Filed: February 24, 2005


Adopted Rule Reviews

Texas Animal Health Commission

Title 4, Part 2

The Texas Animal Health Commission (commission), adopts the review of Chapter 36, concerning "Exotic Livestock and Fowl", in accordance with the Texas Government Code, §2001.039.

The rules reviewed are found in Chapter 36, which is located in Title 4, Part 2, of the Texas Administrative Code and contain the following sections: §36.1, Definitions; and §36.2, General.

The rule review was published for comment in the September 3, 2004, issue of the Texas Register (29 TexReg 8625). The commission did not receive any comments. The commission finds reason for the rules to continue to exist and readopts these sections pursuant to the requirements of §2001.039 of the Texas Government Code.

This concludes the rule review of Chapter 36, Exotic Livestock and Fowl.

TRD-200500953

Gene Snelson

General Counsel

Texas Animal Health Commission

Filed: March 2, 2005


Texas Animal Health Commission (commission), adopts the review of Chapter 40, concerning "Chronic Wasting Disease", in accordance with the Texas Government Code, §2001.039.

The rules reviewed are found in Chapter 40, which is located in Title 4, Part 2, of the Texas Administrative Code and contain the following sections: §40.1, Definitions; §40.2, General Requirements; §40.3, Herd Status Plans for Cervidae; and §40.4, Entry Requirements.

The rule review was published for comment in the September 3, 2004, issue of the Texas Register (29 TexReg 8625). The commission did not receive any comments. The commission finds reason for the rules to continue to exist and readopts these sections pursuant to the requirements of §2001.039 of the Texas Government Code.

This concludes the rule review of Chapter 40, Chronic Wasting Disease.

TRD-200500954

Gene Snelson

General Counsel

Texas Animal Health Commission

Filed: March 2, 2005


The Texas Animal Health Commission (commission), adopts the review of Chapter 45, concerning "Reportable Disease", in accordance with the Texas Government Code, §2001.039.

The rules reviewed are found in Chapter 45, which is located in Title 4, Part 2, of the Texas Administrative Code and contain the following sections: §45.1, Definitions; and §45.2, Duty to Report.

The rule review was published for comment in the September 3, 2004, issue of the Texas Register (29 TexReg 8625). The commission did not receive any comments. The commission finds reason for the rules to continue to exist and readopts these sections pursuant to the requirements of §2001.039 of the Texas Government Code.

This concludes the rule review of Chapter 45, Reportable Disease.

TRD-200500955

Gene Snelson

General Counsel

Texas Animal Health Commission

Filed: March 2, 2005


General Land Office

Title 31, Part 1

The General Land Office (GLO) files this Notice of Readoption of rule 31 TAC, Chapter 7, relating to Surveying, §§7.1 - 7.8. This readoption of Chapter 7 is filed in accordance with the General Land Office's Intention to Review published in the December 24, 2004 issue of the Texas Register (29 TexReg 11989).

The GLO has assessed whether the reasons for readopting 31 TAC, Chapter 7, §§7.1 - 7.8 continue to exist. The GLO finds that the rules in Chapter 7 reflect current procedures of the GLO. The reasons for initially adopting the rules continue to exist. The GLO, therefore, readopts Chapter 7 in its entirety, relating to Surveying.

No comments were received on the proposed notice of intention to review.

Chapter 7 was adopted under authority granted to the commissioner of the GLO in §31.051, Texas Natural Resources Code, to adopt rules consistent with law.

This concludes the review of Chapter 7, Surveying.

TRD-200500850

Trace Finley

Policy Director

General Land Office

Filed: February 24, 2005


Texas Department of Transportation

Title 43, Part 1

In accordance with Government Code, §2001.039, the Texas Department of Transportation readopts 43 TAC Part 1, Chapter 2, concerning Environmental Policy. This concludes the review of Chapter 2.

The proposed rule review was published in the November 5, 2004, issue of the Texas Register (29 TexReg 10273). No comments were received regarding the readoption of these rules. The Texas Transportation Commission has reviewed these rules and determined that the reasons for initially adopting them continue to exist.

TRD-200500876

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: February 25, 2005