Proposed Rule Review
Texas Department of Insurance, Division of Workers' Compensation
Title 28, Part 2
The Texas Department of Insurance, Division of Workers' Compensation files
this notice of intention to review the rules contained in Chapter 47 concerning
Employee Notice of Injury or Death and Claim for Benefits. 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 Division's reason for adopting the following rules contained in this
chapter continues to exist and it proposes to readopt these rules:
§47.5. Information Constituting Claim.
§47.10. Signature of Claimant.
§47.15. Employer Advances Compensation.
§47.20. Beneficiaries Filing Claim.
Comments regarding whether the reason for adopting these rules continues
to exist must be received by 5:00 p.m. on September 3, 2006 and submitted
to Kristi Dowding, Legal Services, Texas Department of Insurance, Division
of Workers' Compensation, 7551 Metro Center Drive, Suite 100, MS-4D, Austin,
Texas 78744-1609.
TRD-200603926
Norma Garcia
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: July 26, 2006
Texas Education Agency
Title 19, Part 2
The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 89,
Adaptations for Special Populations, Subchapter AA, Commissioner's Rules Concerning
Special Education Services; Subchapter BB, Commissioner's Rules Concerning
State Plan for Educating Limited English Proficient Students; Subchapter CC,
Commissioner's Rules Concerning Adult and Community Education; Subchapter
DD, Commissioner's Rules Concerning High School Equivalency Programs; and
Subchapter EE, Commissioner's Rules Concerning the Communities In Schools
Program, pursuant to the Texas Government Code, §2001.039. The TEA proposed
the review of 19 TAC Chapter 89 in the March 10, 2006, issue of the
Relating to the review of 19 TAC Chapter 89, Subchapter AA, the TEA finds
that the reasons for adopting Subchapter AA continue to exist and that the
rules should be readopted. The TEA will propose changes to Subchapter AA at
a later date in order to align the rules with federal regulations associated
with the reauthorization of the Individuals with Disabilities Improvement
Education Act (IDEA 2004). Once federal regulations have been issued, proposed
commissioner's rules will also reflect the required technical edits, additions,
and deletions.
Relating to the review of 19 TAC Chapter 89, Subchapter BB, the TEA finds
that the reasons for adopting Subchapter BB continue to exist and that the
rules should be readopted, with the exception of 19 TAC §89.1260, Monitoring
of Programs and Enforcing Law and Commissioner's Rules. The TEA will repeal
19 TAC §89.1260 in accordance with House Bill 3459, 78th Texas Legislature.
The repeal will reflect statutory changes from the use of onsite program compliance
monitoring to performance based monitoring indicators. The TEA will also propose
changes to Subchapter BB to bring the rules into alignment with House Bill
1 legislation passed by the 79th Texas Legislature, Third Called Session,
which addresses bilingual education programs.
Relating to the review of 19 TAC Chapter 89, Subchapter CC, the TEA finds
that the reasons for adopting Subchapter CC continue to exist and that the
rule should be readopted. The TEA is proposing no changes to Subchapter CC
at this time.
Relating to the review of 19 TAC Chapter 89, Subchapter DD, the TEA finds
that the reasons for adopting Subchapter DD continue to exist and that the
rules should be readopted. As a result of its review, the TEA proposed changes
to Subchapter DD to clarify conditions for students to be eligible to participate
in the high school equivalency program and required assessments of these students.
This proposal was published in the June 16, 2006, issue of the
Texas Register
(31 TexReg 4825).
Relating to the review of 19 TAC Chapter 89, Subchapter EE, the TEA finds
that the reasons for adopting Subchapter EE continue to exist and that the
rules should be readopted. The TEA will propose changes to Subchapter EE at
a later date in order to provide clarification regarding funding.
The TEA received one comment relating to the rule review of 19 TAC Chapter
89, Subchapter AA.
Comment. An individual requested that the TEA review the graduation requirements
in 19 TAC §89.1070(i) to clarify what must occur when a student who has
graduated comes back to request additional services. The individual expressed
their opinion that the current rule is confusing and does not clearly address
whether such students are automatically entitled to come back to receive services
or what happens if the admission, review, and dismissal (ARD) committee determines
that there are no "needed educational services" for the student. The individual
recommended that subsection (i) be deleted and that subsection (a) be revised
to reflect that graduation under any subsection terminates a student's eligibility
for special education services.
Agency response. The TEA disagrees. 19 TAC §89.1070 is consistent
with 34 CFR §300.122. Under §89.1070, the ARD committee is responsible
for determining whether a student with a disability is eligible to graduate
from high school. Pursuant to subsection (i), the ARD committee also determines
whether students who graduate under subsection (c) need additional services
in order to receive a free appropriate public education. In addition, students
who graduate under subsection (c) and return to school continue to be eligible
for funding as referenced in subsection (a). Adult students, or parents authorized
to act on behalf of students, can pursue their disagreements with ARD committee
decisions through dispute resolution. Section 89.1070 will be reviewed and
revised, if necessary, once federal regulations subsequent to the 2004 reauthorization
of the IDEA 2004 are issued.
The TEA received no comments related to the rule review requirement for
19 TAC Chapter 89, Subchapters BB - EE.
This concludes the review of 19 TAC Chapter 89.
TRD-200603830
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: July 20, 2006
Title 37, Part 5
The Texas Board of Pardons and Paroles files this notice of readoption
of 37 TAC Chapter 145, relating to Parole. The Board amended §145.16
for the purpose of updating the language of the section title and to clarify
the procedures regarding subsequent reviews of parole panel votes to approve
release to parole or mandatory supervision; §145.17 for the purpose of
updating the language of the section title and to clarify the procedures regarding
subsequent reviews of parole panel votes to deny release to parole or mandatory
supervision with one change to specify who may submit a request for special
review; §145.3 for the purpose of updating the cross references to §145.17
and clarifying the language of the rule; and §145.21 for the purpose
of updating the cross references to §145.16 and §145.17 in the language
of the rule. The readoption of Chapter 145 is filed in accordance with the
Board of Pardons and Paroles' Notice of Intent to Review published in the
June 9, 2006 issue of the
Texas Register
(31
TexReg 4740). No public comments were received.
The assessment of Chapter 145 indicates that the original justification
for the rules continues to exist, and the Board is readopting the rules in
accordance with Texas Government Code, §2001.039. This concludes the
review of 37 TAC Chapter 145.
TRD-200603864
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Filed: July 21, 2006
Title 31, Part 10
Pursuant to the notice of proposed rule review published in the June 2,
2006, issue of the
Texas Register
(31 TexReg
4663), the Texas Water Development Board (board) has reviewed and considered
for readoption, revision or repeal 31 Texas Administrative Code (TAC) Part
10, Chapter 368, Flood Mitigation Assistance Program, in accordance with the
Texas Government Code, §2001.039.
The board considered, among other things, whether the reasons for adoption
of these rules continue to exist. No comments were received on the proposed
rule review.
As a result of the review, the board determined that the rules are still
necessary and readopts the sections because it governs the Board's responsibilities
for administering the program. As a result of the review, the board concurrently
adopts amendments to §§368.1, 368.5, and 368.10. The amendments
are adopted for clarification consistent with directives from the Federal
Emergency Management Agency. This completes the board's review of 31 TAC Chapter
368, Flood Mitigation Assistance Program.
TRD-200603825
Jonathan Steinberg
Deputy Counsel
Texas Water Development Board
Filed: July 19, 2006
Adopted Rule Reviews
Texas Board of Pardons and Paroles
Texas Water Development Board