TITLE rule-review

Proposed Rule Reviews

Texas Department of Banking

Title 7, Part 2

On behalf of the Finance Commission of Texas (commission), the Texas Department of Banking files this notice of intention to review and consider for readoption, revision, or repeal, Texas Administrative Code, Title 7, Chapter 11 (Miscellaneous), specifically §11.37, concerning providing information to consumers on how to file complaints.

The review is conducted pursuant to Government Code, §2001.039. The department on behalf of the commission will accept comments for 30 days following the publication of this notice in the Texas Register as to whether the reasons for adopting the section under review continue to exist.

Any questions or written comments pertaining to this notice of intention to review should be directed to Robert Giddings, Assistant General Counsel, Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, or by e-mail to robert.giddings@banking.state.tx.us.

The department also invites your comments on how to make these sections easier to understand. For example:

*Does the section organize the material to suit your needs? If not, how could the material be better organized?

*Does the section clearly state its requirements? If not, how could the section be more clearly stated?

*Does the section contain technical language or jargon that is not clear? If so, what language requires clarification?

*Would a different format make the section easier to understand? If so, what changes to the format would ease understanding?

Any proposed changes to this section as a result of the rule review will be published as a proposed rule in the Texas Register . A proposed rule is subject to public comment for a reasonable period prior to final adoption by the commission.

TRD-200603736

Sarah J. Shirley

General Counsel

Texas Department of Banking

Filed: July 13, 2006


On behalf of the Finance Commission of Texas (commission), the Texas Department of Banking (department) files this notice of intention to review and consider for readoption, revision, or repeal, Texas Administrative Code, Title 7, Chapter 26 (Perpetual Care Cemeteries), specifically §26.1, concerning perpetual care cemetery fees; §26.2, concerning records; §26.3, concerning written notice to prohibit interment of a homicide perpetrator in the same perpetual care cemetery as the homicide victim; §26.4, concerning ordering and setting burial markers or monuments; §26.11, concerning providing information to consumers on how to file complaints; and §26.12, concerning responding to written consumer complaints.

The review is conducted pursuant to Government Code, §2001.039. The department on behalf of the commission 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.

Any questions or written comments pertaining to this notice of intention to review should be directed to Sarah J. Shirley, General Counsel, Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, or by e-mail to sarah.shirley@banking.state.tx.us.

The department also invites your comments on how to make these sections easier to understand. For example:

*Do the sections organize the material to suit your needs? If not, how could the material be better organized?

*Do the sections clearly state the requirements? If not, how could any section be more clearly stated?

*Do the sections contain technical language or jargon that is not clear? If so, what language requires clarification?

*Would a different format (grouping and order of sections, use of headings, paragraphing) make the sections easier to understand? If so, what changes to the format would ease understanding?

*Would dividing any section into two or more shorter sections be better? If so, what sections should be changed?

Any proposed changes to these sections as a result of the rule review will be published as proposed rules in the Texas Register . Proposed rules are subject to public comment for a reasonable period prior to final adoption by the commission.

TRD-200603734

Sarah J. Shirley

General Counsel

Texas Department of Banking

Filed: July 13, 2006


On behalf of the Finance Commission of Texas (commission), the Texas Department of Banking files this notice of intention to review and consider for readoption, revision, or repeal, Texas Administrative Code, Title 7, Chapter 27 (Applications), specifically §27.1, concerning notices to applicants, application processing times, and appeals.

The review is conducted pursuant to Government Code, §2001.039. The department on behalf of the commission will accept comments for 30 days following the publication of this notice in the Texas Register as to whether the reasons for adopting the section under review continue to exist.

Any questions or written comments pertaining to this notice of intention to review should be directed to Robert Giddings, Assistant General Counsel, Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, or by e-mail to robert.giddings@banking.state.tx.us.

The department also invites your comments on how to make these sections easier to understand. For example:

*Does the section organize the material to suit your needs? If not, how could the material be better organized?

*Does the section clearly state its requirements? If not, how could the section be more clearly stated?

*Does the section contain technical language or jargon that is not clear? If so, what language requires clarification?

*Would a different format make the section easier to understand? If so, what changes to the format would ease understanding?

Any proposed changes to this section as a result of the rule review will be published as a proposed rule in the Texas Register . A proposed rule is subject to public comment for a reasonable period prior to final adoption by the commission.

TRD-200603733

Sarah J. Shirley

General Counsel

Texas Department of Banking

Filed: July 13, 2006


On behalf of the Finance Commission of Texas (commission), the Texas Department of Banking (department) files this notice of intention to review and consider for readoption, revision, or repeal, Texas Administrative Code, Title 7, Chapter 31 (Private Child Support Enforcement Agencies), specifically Subchapter A, comprised of §31.1, concerning definitions; Subchapter B, comprised of §§31.11 - 31.19, concerning how to register an agency; Subchapter C, comprised of §§31.31 - 31.39, concerning an agency's responsibilities after registration; Subchapter D, comprised of §§31.51 - 31.56, concerning regulatory requirements applicable to agency operations; Subchapter E, comprised of §§31.71 - 31.76, concerning how the department exercises its enforcement authority; Subchapter F, comprised of §§31.91 - 31.96, concerning foreign agencies registered in other states; and Subchapter G, comprised of §§31.111 - 31.115, concerning civil remedies.

The review is conducted pursuant to Government Code, §2001.039. The department on behalf of the commission 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.

Any questions or written comments pertaining to this notice of intention to review should be directed to Shannon Phillips, Assistant General Counsel, Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, or by e-mail to shannon.phillips@banking.state.tx.us.

The department also invites your comments on how to make these sections easier to understand. For example:

*Do the sections organize the material to suit your needs? If not, how could the material be better organized?

*Do the sections clearly state the requirements? If not, how could any section be more clearly stated?

*Do the sections contain technical language or jargon that is not clear? If so, what language requires clarification?

*Would a different format (grouping and order of sections, use of headings, paragraphing) make the sections easier to understand? If so, what changes to the format would ease understanding?

*Would dividing any section into two or more shorter sections be better? If so, what sections should be changed?

Any proposed changes to these sections as a result of the rule review will be published as proposed rules in the Texas Register . Proposed rules are subject to public comment for a reasonable period prior to final adoption by the commission.

TRD-200603732

Sarah J. Shirley

General Counsel

Texas Department of Banking

Filed: July 13, 2006


Texas Department of Criminal Justice

Title 37, Part 6

The Texas Board of Criminal Justice files this notice of intent to review and revise Title 37, Part 6, Chapter 151 General Provisions, §151.51, Custodial Officer Certification and Hazardous Duty Pay Eligibility Guidelines.

This review is being conducted pursuant to Texas Government Code §2001.039 which requires rule review every four years. The proposed revisions are necessary to correct job titles and statutory cites.

Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P. O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this rule review.

TRD-200603730

Melinda Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: July 13, 2006


The Texas Board of Criminal Justice files this notice of intent to review and revise Title 37, Part 6, Chapter 163 Community Justice Assistance Division Standards, §163.25, Community Justice Councils, Tasks, and Plans.

This review is being conducted pursuant to Texas Government Code §2001.039 which requires rule review every four years. The proposed revisions are necessary to conform to state law.

Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P. O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this rule review.

TRD-200603738

Melinda Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: July 13, 2006


Texas Education Agency

Title 19, Part 2

The State Board of Education (SBOE) proposes the review of 19 TAC Chapter 61, School Districts, pursuant to the Texas Government Code, §2001.039. The rules being reviewed by the SBOE in 19 TAC Chapter 61 are organized under the following subchapter: Subchapter A, Board of Trustees Relationship.

As required by the Texas Government Code, §2001.039, the SBOE will accept comments as to whether the reasons for adopting 19 TAC Chapter 61, Subchapter A, continue to exist.

Comments or questions regarding this rule review may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028.

TRD-200603770

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: July 17, 2006


The Texas Education Agency (TEA) proposes the review of 19 TAC Chapter 61, School Districts, pursuant to the Texas Government Code, §2001.039. The rules being reviewed by the TEA in 19 TAC Chapter 61 are organized under the following subchapters: Subchapter AA, Commissioner's Rules on School Finance; Subchapter BB, Commissioner's Rules on Reporting Requirements; Subchapter CC, Commissioner's Rules Concerning School Facilities; Subchapter DD, Commissioner's Rules Concerning Missing Child Prevention and Identification Programs; Subchapter EE, Commissioner's Rules on Reporting Child Abuse and Neglect; Subchapter FF, Commissioner's Rules Concerning High School Diplomas for Certain Veterans; Subchapter GG, Commissioner's Rules Concerning Counseling Public School Students; and Subchapter HH, Commissioner's Rules Concerning Classroom Supply Reimbursement Program.

As required by the Texas Government Code, §2001.039, the TEA will accept comments as to whether the reasons for adopting 19 TAC Chapter 61, Subchapters AA - HH, continue to exist.

The public comment period on the review of 19 TAC Chapter 61, Subchapters AA - HH, begins July 28, 2006, and ends August 27, 2006. Comments or questions regarding this rule review may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028.

TRD-200603771

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: July 17, 2006


Adopted Rule Reviews

Texas Department of Licensing and Regulation

Title 16, Part 4

The Texas Department of Licensing and Regulation (Department) readopts the administrative rules of 16 TAC Chapter 66, Registration of Property Tax Consultants in accordance with the Texas Government Code, §2001.039. The Notice of Intent to Review was published in the March 31, 2006, issue of the Texas Register (31 TexReg 2883).

In accordance with the requirements of Texas Government Code, §2001.039, the Department reviewed the administrative rules of TAC Chapter 66, Registration of Property Tax Consultants 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 the Texas Occupations Code, Chapter 51 and 1152. 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 procedure.

Proposed changes will be published in the Proposed Rule Section of the Texas Register and will be open for public comment prior to final adoption or repeal by the Commission 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 May 1, 2006. 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 66.

TRD-200603779

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: July 17, 2006


The Texas Department of Licensing and Regulation (the Department) filed a notice of intent to review and consider for re-adoption, revision, or repeal, Title 16, Texas Administrative Code, Chapter 80, Licensed Court Interpreters in accordance with the requirements of Texas Government Code, §2001.039. The Notice of Intent to Review was published in the March 31, 2006, issue of the Texas Register (31 TexReg 2883).

In accordance with the requirements of Texas Government Code, §2001.039, the Department reviewed the administrative rules of 16 TAC Chapter 80, Licensed Court Interpreters, to determine if the rules were obsolete, reflect current legal and policy considerations, and reflect current procedures of the Department.

The Department's review determined that the reasons for initially adopting the rules continue to exist. The rules continue to be essential in implementing the provisions of Texas Government Code, Chapter 57; and the Department recommends to the Texas Commission of Licensing and Regulation (Commission) the re-adoption of Chapter 80. 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.

Proposed changes to these rules as a result of the rule review will be published in the Proposed Rules Section of the Texas Register . The proposed rules will be open for public comment prior to final adoption or repeal by the Commission in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

The Notice of Intent to Review was published in the March 31, 2006, issue of the Texas Register and distributed to persons internal and external to the agency. The public comment period closed on May 1, 2006. Four comments were received in response to the Notice of Intent to Review.

Three of the commenters urged the repeal of the license requirement for interpreters. Making this change would require action by the Texas Legislature and thus will not be addressed as part of the Department's rule review. One commenter suggested postponing the effective date of the continuing education requirement. The Department is considering whether to file proposed rules to delay the continuing education requirement.

The rules are re-adopted by the Commission in accordance with Texas Government Code, §2001.039. This concludes the review of 16 TAC, Chapter 80, Licensed Court Interpreters.

TRD-200603780

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: July 17, 2006