TITLE rule-review

Commission on State Emergency Communications

The Commission on State Emergency Communications (CSEC) is conducting its annual review of Rule 255.4, concerning the definition of a local exchange access line and an equivalent local exchange access line. The review is required by Health and Safety Code §771.063(c). CSEC seeks comment on whether Rule 255.4 should be amended. At present, CSEC does not have any proposed amendments to the rule.

Comments on amending Rule 255.4 must be submitted in writing within 30 days after publication of the proposal in the Texas Register to: Paul Mallett, Executive Director, Commission on State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942. Review of Rule 255.4 is proposed pursuant to the Health and Safety Code, Chapter 771, §§771.051, 771.063, 771.071, and 771.0711.

Other statutes, articles or codes affected by the proposed amendment are Health and Safety code, Chapter 772, §§772.114, 772.214, 772.314, and 772.403.

§255.4. Definition of a Local Exchange Access Line or An Equivalent Local Exchange Access Line.

TRD-200602849

Paul Mallett

Executive Director

Commission on State Emergency Communications

Filed: May 22, 2006

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 49 concerning Procedures for Formal Hearings by the Board. 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:

§49.5. Schedule of Hearings.

§49.10. Timely Acceptance of Evidence.

§49.15. Formal Statement of Position.

§49.20. Request for Cancellation.

§49.25. Delay or Postponement of Hearing.

§49.30. Filing of Medical Bills.

§49.35. Filing of Medical Reports and Records.

§49.40. Carrier Attendance.

§49.45. Contents of Formal Statement of Position.

§49.50. Sanctions.

Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on July 2, 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-200602889

Norma Garcia

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Filed: May 23, 2006

The Texas Department of Insurance, Division of Workers' Compensation files this notice of intention to review the rules contained in Chapter 49 concerning Procedures for Formal Hearings by the Board. 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:

§49.105. Procedures.

§49.110. Commencement of Hearings.

§49.115. Notice.

§49.120. Special Statutory Notice.

§49.125. Notice of a Special Formal Hearing.

§49.130. Personal Appearance Hearings in Austin.

§49.131. Withdrawal of Attorney.

§49.135. Use of Court Reporters.

§49.140. Continuance.

§49.145. Recess.

§49.150. Complaint Specifications.

§49.155. Documentary Evidence.

§49.160. Filing of Formal Statement of Position.

§49.165. Subpoenas and Subpoena Duces Tecum.

Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on July 2, 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-200602890

Norma Garcia

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Filed: May 23, 2006

The Texas Department of Insurance, Division of Workers' Compensation files this notice of intention to review the rules contained in Chapter 55 concerning Lump Sum Payments. 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:

§55.3. Request for Advance Payment of Compensation.

§55.5. Lump Sum Payments.

§55.10. Settlements Final When Approved.

§55.15. Compromise Settlement Agreements.

§55.20. Execution of Compromise Settlement Agreement.

§55.25. Loss of an Eye.

§55.30. Hearing Impairment.

§55.35. Stipulation of Medical Payments.

§55.40. Attorney's Signature.

§55.45. Percent of Medical Impairment.

§55.50. Attorneys Fees and Expenses.

§55.55. Compromise Settlement Agreement To Set Aside Award.

§55.60. Consent Withdrawn.

§55.65. Withdrawal of Consent by Death.

§55.75. Tender Payment Time Period.

§55.80. Waiving of Approval Appearance.

TRD-200602891

Norma Garcia

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Filed: May 23, 2006

The Texas Department of Insurance, Division of Workers' Compensation files this notice of intention to review the rules contained in Chapter 56 concerning Structured Compromise Settlement Agreements. 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:

§56.5. Definitions.

§56.10. Form.

§56.15. Execution.

§56.20. Personal Appearance by Claimant.

§56.25. Medical Benefits.

§56.30. Consent of Parties--Withdrawal.

§56.35. Attorney's Signature.

§56.40. Attorney's Fees and Expenses.

§56.45. Tender Payment Time Period.

§56.50. Final When Approved.

§56.55. Annuity Company.

§56.60. Payments Guaranteed.

§56.65. Cost of Annuity.

§56.70. Structured Settlement Agreement To Set Aside Award.

TRD-200602892

Norma Garcia

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Filed: May 23, 2006

The Texas Department of Insurance, Division of Workers' Compensation, files this notice of intention to review the rules contained in Chapter 57 concerning Request for Case Folders and Certifications of Actions of the Board. 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:

§57.5. Request for Copies or Statistical Information.

§57.10. Written Request for Public Information.

§57.15. Telephone Request for Public Information.

TRD-200602893

Norma Garcia

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Filed: May 23, 2006

The Texas Department of Insurance, Division of Workers' Compensation files this notice of intention to review the rules contained in Chapter 59 concerning Notices of Intention to Appeal. 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:

§59.5. Filing of Notice.

§59.10. Receipt of Notice.

TRD-200602894

Norma Garcia

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Filed: May 23, 2006

Texas Water Development Board

Title 31, Part 10

The Texas Water Development Board (Board) files this notice of intent to review 31 Texas Administrative Code (TAC), Part 10, Chapter 368, Flood Mitigation Assistance Program, in accordance with the Texas Government Code, §2001.039. The Board finds that the reason for adopting the chapter continues to exist because it governs the Board's responsibilities for administering the program. The Board concurrently proposes amendments to §§368.1, 368.5, and 368.10. The amendments are proposed for clarification consistent with directives from the Federal Emergency Management Agency.

As required by §2001.039 of the Texas Government Code, the Board will accept comments and make a final assessment regarding whether the reason for adopting the rules in 31 TAC Chapter 368 continues to exist. The comment period will last 30 days beginning with the publication of this notice of intention to review.

Comments or questions regarding this rule review may be submitted to Srin Surapanani, Attorney, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711-3231, by e-mail to srin.surapanani@twdb.state.tx.us or by fax at (512) 463-5580.

TRD-200602809

Wendall Corrigan Braniff

General Counsel

Texas Water Development Board

Filed: May 18, 2006

Adopted Rule Review

Railroad Commission of Texas

Title 16, Part 1

The Railroad Commission of Texas (Commission) files this notice of completion of review and re-adoption of 16 Texas Administrative Code (TAC) Chapter 13, relating to Regulations for Compressed Natural Gas (CNG), in accordance with Texas Government Code, §2001.039. The Commission's reasons for adopting these rules continue to exist; however, in a separate, concurrent rulemaking, the Commission has adopted amendments to §§13.2-13.4, 13.25, 13.35, 13.36, 13.38, 13.61-13.63, 13.67-13.70, 13.73, 13.75, 13.92-13.94, 13.102, 13.141, and 13.183, relating to Retroactivity; Definitions; CNG Report Forms; Filings Required for Stationary CNG Installations; Application for an Exception to a Safety Rule; Report of CNG Incident/Accident; Removal from CNG Service; Licenses, Related Fees, and Licensing Requirements; Insurance Requirements; Qualifications as Self-Insured; Changes in Ownership and/or Form of Dealership; Dealership Name Change; Registration and Transfer of CNG Transports and CNG Form 1004 Decal or Letter of Authority; Examination Requirements and Renewals; Other Fees for Employee Transfer; Franchise Tax Certification and Assumed Name Certificate; System Component Qualification; General; Location of Installations; Installation of Electrical Equipment; System Testing; and System Component Qualifications; the repeal of §13.80, relating to CNG Continuing Education Requirements, and new §13.80, relating to Requests for CNG Classes.

The concurrent adoption is, in part, a result of House Bill (HB) 1162, 79th Legislature, Regular Session (2005), which amended Texas Natural Resources Code, §116.034, to provide that the Commission may adopt rules establishing training and seminar attendance requirements for persons required or who wish to be licensed or registered to perform compressed natural gas (CNG) activities, but is not required to do so. Additional adopted amendments are non-substantive and include changes in wording, punctuation, or organization to provide clarity and accuracy.

The notice of intent to review the rules in Chapter 13 was published in the March 17, 2006, issue of the Texas Register (31 TexReg 2205); the Commission received no comments. This concludes the review of all rules in Chapter 13. The adopted amendments, repeal, and new section will be filed with the Texas Register concurrently with this notice.

Issued in Austin, Texas, on May 16, 2006.

TRD-200602802

Mary Ross McDonald

Managing Director

Railroad Commission of Texas

Filed: May 18, 2006