Agency Rule Review Plan
Texas Real Estate Commission
Title 22, Part 23
TRD-200500960
Filed: March 2, 2005
Credit Union Department
Title 7, Part 6
The Texas Credit Union Commission will review and consider Chapter 91, §§
91.101 (Definitions and Interpretations), 91.103 (Public Notice of Department
Activities), 91.104 (Notice of Applications), 91.105 (Applications for Authorization
from the Commissioner), 91.110 (Protest Procedures for Applications), 91.115
(Safety at Unmanned Teller Machines), 91.120 (Posting of Notice Regarding
Certain Loan Agreements), 91.201 (Incorporation Procedures), 91.202 (Form
of Bylaws; Amendments to Articles of Incorporation and Bylaws), 91.205 (Use
of Credit Union Name), 91.206 (Underserved Area Credit Unions - Secondary
Capital Accounts), 91.209 (Reports and Charges for Late Filing), 91.210 (Foreign
Credit Unions), 91.1003 (Mergers/Consolidations), 91.1004 (Conversion of Charter),
91.1110 (Share and Deposit Guaranty Requirements), 91.3001 (Opportunity to
Submit Comments on Certain Applications), and 91.3002 (Conduct of Meetings
to Receive Comments) of Title 7, Part 6 of the Texas Administrative Code in
preparation for the Credit Union Commission's Rule Review as required by Section
2001.039, Government Code.
Comments or questions regarding these rules may be submitted in writing
to Kerri T. Galvin, General Counsel, Credit Union Department, 914 East Anderson
Lane, Austin, Texas 78752-1699, or electronically to Kerri.Galvin@tcud.state.tx.us.
TRD-200501004
Harold E. Feeney
Commissioner
Credit Union Department
Filed: March 7, 2005
Title 13, Part 1
The Texas State Library and Archives Commission files this notice of intention
to review 13 TAC Part 1, Chapter 8, concerning the TexShare Library Consortium,
in accordance with Government Code, §2001.039, which requires state agencies
to review and consider for readoption each of their rules every four years.
The rules were adopted pursuant to the Government Code, §441.225(b),
which permits the Texas State Library and Archives Commission to adopt rules
to govern the operation of the consortium. The rules are necessary to carry
out the statutory obligations of the Texas State Library and Archives Commission
for the establishment and maintenance of the TexShare consortium.
Comments on the commission's review of its rules in Chapter 8 may be directed
to Beverley Shirley, Director, Library Resource Sharing Division, Box 12927,
Austin, Texas 78711-2927. For further information or questions concerning
this proposed rule review, please contact Ms. Shirley at (512) 463-5433 or
at bshirley@tsl.state.tx.us.
TRD-200500965
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Filed: March 3, 2005
Title 16, Part 4
The Texas Department of Licensing and Regulation (Department) re-files
this notice of intent to review and consider for re-adoption, revision, or
repeal, Title 16, Texas Administrative Code, Chapter 68, Elimination of Architectural
Barriers. The initial intent to review was published in the January 3, 2003,
issue of the
Texas Register
(28 TexReg 371).
This review is being conducted in accordance with the requirements of Texas
Government Code, §2001.039.
An assessment will be made by the Department as to whether the reasons
for adopting or readopting these rules continue to exist. Each rule will be
reviewed to determine whether it is obsolete, whether the rule reflects current
legal and policy considerations, and whether the rule reflects current procedures
of the Department.
As required by Texas Government Code, §2001.039, any questions or
written comments pertaining to this rule review may be submitted to Caroline
Jackson, Legal Assistant, General Counsel’s Office, P. O. Box 12157,
Austin, Texas 78711, facsimile-(512) 475-3032, or by e-mail, caroline.jackson@license.state.tx.us.
The deadline for comments is thirty days after publication in the
Texas Register
.
Any proposed changes to these rules as a result of the rule review will
be published in the Proposed Rule Section of the
Texas Register
. The proposed rules 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.
16 TAC §68.1. -Authority
16 TAC §68.10. Definitions
16 TAC §68.20. Buildings and Facilities Subject to Compliance with
the Texas Accessibility Standards
16 TAC §68.30. Exemptions
16 TAC §68.31. Variance Procedures
16 TAC §68.50. Submission of Construction Documents
16 TAC §68.51. Review of Construction Documents
16 TAC §68.52. Inspections
16 TAC §68.53. Corrective Modifications Following Inspection
16 TAC §68.54. Notice of Substantial Compliance
16 TAC §68.65. Advisory Committee
16 TAC §68.70. Registered Accessibility Specialists--Qualifications
for Certification
16 TAC §68.74. Registration Requirements--Renewal
16 TAC §68.75. Responsibilities of the Registered Accessibility Specialist
16 TAC §68.76. Standards of Conduct for the Registered Accessibility
Specialist
16 TAC §68.79. Contract Providers
16 TAC §68.80. Fees
16 TAC §68.90. Administrative Sanctions or Penalties
16 TAC §68.93. Complaints, Investigations, and Audits
16 TAC §68.100. Technical Standards and Technical Memoranda
16 TAC §68.101. State Leases
16 TAC §68.102. Public Right-of-Way Projects
16 TAC §68.103. Detention and Correctional Facilities
TRD-200501060
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: March 8, 2005
The Texas Department of Licensing and Regulation (Department) files this
notice of intent to review and consider for re-adoption, revision, or repeal,
Title 16, Texas Administrative Code, Chapter 74, Elevators, Escalators, and
Related Equipment. This review is being conducted in accordance with the requirements
of Texas Government Code, §2001.039.
An assessment will be made by the Department as to whether the reasons
for adopting or readopting these rules continue to exist. Each rule will be
reviewed to determine whether it is obsolete, whether the rule reflects current
legal and policy considerations, and whether the rule reflects current procedures
of the Department.
As required by Texas Government Code, §2001.039, any questions or
written comments pertaining to this rule review may be submitted to Caroline
Jackson, Legal Assistant, General Counsel’s Office, P.O. Box 12157,
Austin, Texas 78711, facsimile (512) 475-3032, or by e-mail, caroline.jackson@license.state.tx.us.
The deadline for comments is thirty days after publication in the
Texas Register
.
Any proposed changes to these rules as a result of the rule review will
be published in the Proposed Rule Section of the
Texas Register
. The proposed rules 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.
16 TAC §74.1. Authority
16 TAC §74.10. Definitions
16 TAC §74.20. Inspector Registration Requirements
16 TAC §74.25. Contractor Registration Requirements
16 TAC §74.30. Exemptions
16 TAC §74.50. Reporting Requirements--Building Owner
16 TAC §74.55. Reporting Requirements--Inspector
16 TAC §74.60. Standards of Conduct for Inspector or Contractor Registrants
16 TAC §74.65. Advisory Board
16 TAC §74.70. Responsibilities of the Building Owner
16 TAC §74.75. Responsibilities of the Inspector
16 TAC §74.80. Fees
16 TAC §74.85. Responsibilities of the Department
16 TAC §74.90. Sanctions
16 TAC §74.100. Technical Requirements
TRD-200501061
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: March 8, 2005
Title 28, Part 2
The Texas Workers' Compensation Commission files this notice of intention
to review the rules contained in Chapter 108, §108.1, concerning Charges
for Copies of Public Information. This review is pursuant to the General Appropriations
Act, Article IX, §167, 75th Legislature, the General Appropriations Act,
Section 9-10, 76th Legislature, and Texas Government Code §2001.039 as
added by SB-178, 76th Legislature.
The agency's reason for adopting the following rule contained in this chapter
continues to exist and it proposes to readopt this rule:
§108.1. Charges for Copies of Public Information.
Comments regarding whether the reason for adopting these rules continues
to exist must be received by 5:00 p.m. on April 18, 2005, and submitted to
Linda Velasquez, Legal Services, MS 4-D, Texas Workers' Compensation Commission,
7551 Metro Center Drive, Suite 100, MS-4D, Austin, Texas 78744-1609.
TRD-200500987
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: March 4, 2005
Texas Certified Self-Insurer Guaranty Association
Title 28, Part 3
In accordance with the requirement of Texas Government Code, §2001.039,
which requires state agencies to review and consider for readoption each of
their rules every four years, and pursuant to the notice of intention to review
published in the December 3, 2004, issue of the
Texas Register
(29 TexReg 11101), the Texas Certified Self-Insurer
Guaranty Association (Association) has assessed whether the reason for adopting
or readopting this rule continues to exist.
No comments were received regarding the review of this rule.
As a result of the review, the Texas Certified Self-Insurer Guaranty Association
has determined that the reason for adoption of this rule continues to exist.
Therefore, the Association readopts Chapter 181.
CHAPTER 181 - BYLAWS
§181.1. Bylaws of the Texas Certified Self-Insurer Guaranty Association.
TRD-200501032
Judy Roach
Executive Director
Texas Certified Self-Insurer Guaranty Association
Filed: March 7, 2005
Title 13, Part 1
The Texas State Library and Archives Commission has completed the review
of 13 TAC Part 1, Chapter 3, concerning the State Publications Depository
Program, in accordance with the requirements of Government Code, §2001.039.
Notice of the review was published in the October 8, 2004, issue of the
The commission finds that the reasons for the adoption of the rules in
Title 13, Chapter 3, continue to exist. The rules were adopted pursuant to
the Government Code, §441.102(a), which requires the Texas State Library
and Archives Commission to adopt policies to ensure the distribution of state
publications to depository libraries; Government Code, §441.103(b), which
requires the Texas State Library and Archives Commission to adopt policies
to ensure the acquisition of state publications from state agencies and institutions
of higher education; Government Code, §441.104(7) - (9), which requires
the Texas State Library and Archives Commission to adopt policies to provide
indexes of and electronic access to all state publications in electronic format,
and Government Code, §441.010(b), which establishes an electronically
searchable central grant database. The rules are necessary to carry out the
statutory obligations of the Texas State Library and Archives Commission for
the establishment and maintenance of a state publications depository program.
The commission readopts Chapter 3 in accordance with the Government Code, §2001.039.
No comments were received regarding the review of the chapter. Staff review,
however, indicates that the chapter should be restructured in order to enhance
clarity, that terminology needs to be updated, and that amendments are required
to bring rules in line with current practices. Therefore, this readoption
is temporary, pending a proposed repeal and adoption of restructured and updated
rules for the program.
TRD-200500963
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Filed: March 3, 2005
The Texas State Library and Archives Commission has completed the review
of rules in 13 TAC Part 1, Chapter 6, concerning the management, retention,
microfilming, and electronic storage of state agency records and fee schedules
for the commission's imaging and records storage services. Notice of the review
was published in the October 29, 2004, issue of the
Texas Register
(29 TexReg 10145).
The commission readopts §§6.1 - 6.10, 6.21 - 6.35, 6.91 - 6.99,
and 6.121 - 6.123 of the chapter in accordance with the Government Code, §2001.039.
As a result of the review, the commission is adopting amendments to §§6.2
- 6.7, 6.9, and 6.10, relating to records retention scheduling by state agencies,
in a separate action.
The commission finds that the reasons for the adoption of the rules in
Title 13, Chapter 6 continue to exist. They allow the commission to fulfill
its statutory obligations in the management of state records and for state
agencies to meet the requirements of the Government Code, Subchapter K, relating
to the preservation and management of state records. The commission did not
receive any comments on its review of the rules in Chapter 6.
TRD-200500964
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Filed: March 3, 2005
Proposed Rule Reviews
Texas State Library and Archives Commission
Texas Department of Licensing and Regulation
Texas Workers' Compensation Commission
Adopted Rule Reviews
Texas State Library and Archives Commission