Public Utility Commission of Texas
Title 16, Part 2
TRD-200703707
Filed: August 17, 2007
Texas Department of Insurance, Division of Workers' Compensation
Title 28, Part 2
The Texas Department of Insurance, Division of Workers' Compensation (Division) files this notice of intention to review the rules contained in Chapter 136 concerning Benefits--Vocational Rehabilitation. This proposed 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 S.B. 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:
§136.1. Review of Employer Report of Injury
§136.2. Registry of Private Providers of Vocational Rehabilitation Services
Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on October 1, 2007, and submitted to Victoria Ortega, Legal Services, Texas Department of Insurance, Division of Workers' Compensation, 7551 Metro Center Drive, Suite 100, MS-4D, Austin, Texas 78744-1609.
TRD-200703666
Norma Garcia
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: August 17, 2007
Title 16, Part 2
The Public Utility Commission of Texas (commission) publishes this notice of intention to review Chapter 21, Interconnection Agreements for Telecommunications Service Providers, pursuant to Texas Government Code §2001.039, Agency Review of Existing Rules . The commission's Chapter 21 Interconnection Agreement rules (Texas Administrative Code, Title 16, Part 2) establish procedures for approving interconnection agreements and resolving open issues pursuant to the Federal Telecommunications Act of 1996 (FTA) §252. The text of the rule sections will not be published. The text of the rules may be found in the Texas Administrative Code, Title 16, Economic Regulation, Part 2, or through the commission's website at www.puc.state.tx.us. Project Number 34576, Agency Review of Chapter 21 - Interconnection Agreements for Telecommunications Service Providers, Pursuant to Texas Government Code §2001.039 , is assigned to this rule review project.
Texas Government Code §2001.039 requires that each state agency review and readopt, readopt with amendments, or repeal the rules adopted by that agency pursuant to Texas Government Code, Chapter 2001, Subchapter B, Rulemaking. As required by §2001.039(e), this review is to assess whether the reason for adopting or readopting the rules continues to exist. The commission requests specific comments from interested persons on whether the reasons for adopting each section in Chapter 21 continue to exist. In addition, the commission welcomes comments on any modifications interested persons believe would improve the rules.
If it is determined during this review that any section of Chapter 21 needs to be repealed or amended, the repeal or amendment will be initiated under a separate proceeding; thus this notice of intention to review Chapter 21 has no effect on the sections as they currently exist.
Comments on the review of Chapter 21 may be submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711- 3326, within 30 days after publication. Sixteen copies of comments to the proposed rule review are required to be filed pursuant to §21.71(c) of this title. When filing comments interested persons are requested to comment on the sections in the same order they are found in the chapters and to clearly designate which section is being commented upon. All comments should refer to Project Number 30088.
The notice of intent to review Chapter 21, Procedural Rules, is proposed under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 (Vernon 2007) (PURA), which provides the Public Utility Commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction; and Texas Government Code §2001.039 (Vernon 2000, Supplement 2006) which requires each state agency to review its rules every four years.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002 and §14.052; Texas Government Code §2001.039.
CHAPTER 21. INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS.
SUBCHAPTER A. GENERAL PROVISIONS AND DEFINITIONS.
§21.1. Purpose and Scope.
§21.3. Definitions.
§21.5. Representative Appearances.
§21.7. Standards of Conduct.
§21.9. Computation of Time.
§21.11. Suspension of Rules and Good Cause Exceptions.
SUBCHAPTER B. PLEADINGS, DOCUMENTS, AND OTHER MATERIALS.
§21.31. Filings of Pleadings, Documents, and Other Materials.
§21.33. Formal Requisites of Pleadings and Documents to be filed with the Commission.
§21.35. Service of Pleadings and Documents.
§21.37. Examination and Correction of Pleadings and Documents.
§21.39. Amended Pleadings.
§21.41. Motions.
SUBCHAPTER C. PRELIMINARY ISSUES, ORDERS, AND PROCEEDINGS
§21.61. Threshold Issues and Certification of Issues to the Commission.
§21.63. Interim Issues and Orders.
§21.65. Interlocutory Appeals.
§21.67. Dismissal of a Proceeding.
§21.69. Summary Decision.
§21.71. Sanctions.
§21.73. Consolidation of Dockets, Consolidation of Issues, and Joint Filings.
§21.75. Motions for Clarification and Motions for Reconsideration.
§21.77. Confidential Material.
SUBCHAPTER D. DISPUTE RESOLUTION
§21.91. Mediation.
§21.93. Voluntary Alternative Dispute Resolution.
§21.95. Compulsory Arbitration.
§21.97. Approval of Negotiated Agreements.
§21.99. Approval of Arbitrated Agreements.
§21.101. Approval of Amendments to Existing Interconnection Agreements.
§21.103. Approval of Agreements Adopting Terms and Conditions Pursuant to Federal Telecommunications Act of 1996 (FTA) §252(i).
SUBCHAPTER E. POST-INTERCONNECTION AGREEMENT DISPUTE RESOLUTION
§21.121. Purpose.
§21.123. Informal Settlement Conference.
§21.125. Formal Dispute Resolution Proceeding.
§21.121. Request for Expedited Ruling.
§21.129. Request for Interim Ruling Pending Dispute Resolution.
TRD-200703716
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 17, 2007
The Public Utility Commission of Texas (commission) publishes this notice of intention toreview Chapter 27, Rules for Administrative Services pursuant to Texas Government Code §2001.039, Agency Review of Existing Rules . The text of the rule sections will not be published. The text of the rules may be found in the Texas Administrative Code, Title 16, Economic Regulation, Part II, or through the commission's website at www.puc.state.tx.us. Project Number 34576, Agency Review of Chapter 27 - Rules for Administrative Services, Pursuant to Texas Government Code §2001.039 , is assigned to this proceeding.
Texas Government Code §2001.039 requires that each state agency review and readopt, readopt with amendments, or repeal the rules adopted by that agency pursuant to the Texas Government Code, Chapter 2001, Subchapter B, Rulemaking. As required by §2001.039(e), this review is to assess whether the reason for adopting or readopting the rules continues to exist. The commission requests specific comments from interested persons on whether the reasons for adopting each section in Chapter 27 continue to exist. In addition, the commission welcomes comments on any modifications interested persons believe would improve the rules. The rules in Chapter 27 were adopted pursuant to Texas Government Code §2161.003, which requires the commission to adopt the Texas Building and Procurement Commission rules for Historically Underutilized Businesses (HUB); Texas Government Code §2260.052, which requires the commission to develop rules to govern the negotiation and mediation of certain contract claims against the state; and Texas Government Code §2155.076, which requires the commission to develop and adopt protest procedures for vendors' protests concerning commission purchases that are consistent with the Texas Building and Procurement Commission rules on the same subject. The public benefit anticipated in the adoption of these rules was a streamlined method for securing more goods and services from HUB vendors; the efficient resolution of contract disputes between contractors and the commission; and to provide readily available written protest procedures for vendors who wish to dispute issues related to agency purchases.
If it is determined during this review that any section of Chapter 27 needs to be repealed or amended, the repeal or amendment will be initiated under a separate proceeding; thus this notice of intention to review Chapter 27 has no effect on the sections as they currently exist. Therefore, Leticia E. Flores, Director of General Law, has determined that this review has no fiscal implications for state or local government; no adverse effect on small businesses or micro-businesses; no economic costs to persons who are required to comply with these sections; and no effect on a local economy.
Comments on the review of Chapter 27 (16 copies) may be submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, within 30 days after publication. Reply comments may be submitted within 45 days after publication. When filing comments interested persons are requested to comment on the sections in the same order they are found in the chapters and to clearly designate which section is being commented upon. All comments should refer to Project Number 34576.
The rules subject to this review are proposed for publication under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 (Vernon 2007) (PURA), which provides the Public Utility Commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction; and Texas Government Code §2001.039 (Vernon 2000, Supplement 2006) which requires each state agency to review its rules every four years.
Cross Reference to Statutes: Texas Government Code Chapter 2155, Subchapter B; Chapter 2161; and Chapter 2260.
SUBCHAPTER B. HISTORICALLY UNDERUTILIZED BUSINESSES.
§27.31. Historically Underutilized Business Program.
SUBCHAPTER C. NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES.
DIVISION 1: General.
§27.61. Purpose.
§27.63. Applicability.
§27.65. Definitions.
§27.67. Prerequisites to Suit.
§27.69. Sovereign Immunity.
DIVISION 2: Negotiation of Contract Disputes.
§27.81. Notice of Claim of Breach of Contract.
§27.83. Agency Counterclaim.
§27.85. Request for Voluntary Disclosure of Additional Information.
§27.87. Duty to Negotiate.
§27.89. Timetable.
§27.91. Conduct of Negotiation.
§27.93. Settlement Approval Procedures.
§27.95. Settlement Agreement.
§27.97. Costs of Negotiation.
§27.99. Request for Contested Case Hearing.
DIVISION 3: Mediation of Contract Disputes.
§27.111. Mediation Timetable.
§27.113. Conduct of Mediation.
§27.115. Agreement to Mediate.
§27.117. Qualifications and Immunity of the Mediator.
§27.119. Confidentiality of Mediation and Final Settlement Agreement.
§27.121. Costs of Mediation.
§27.123. Settlement Approval Procedures.
§27.125. Initial Settlement Agreement.
§27.127. Final Settlement Agreement.
§27.129. Referral to the State Office of Administrative Hearings (SOAH).
DIVISION 4: Assisted Negotiation Processes.
§27.141. Assisted Negotiation Processes.
§27.143. Factors Supporting the Use of Assisted Negotiation Processes.
§27.145. Use of Assisted Negotiation Processes.
SUBCHAPTER D. VENDOR PROTEST.
§27.161. Procedures for Resolving Vendor Protests.
TRD-200703717
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: August 17, 2007
Title 7, Part 2
The Finance Commission of Texas (commission) has completed the review of Texas Administrative Code, Title 7, Part 2, Chapter 17, concerning trust company regulation. The review addressed the rules in both Subchapter A (General), comprised of §§17.2 - 17.4 and Subchapter B (Examination and Call Reports), comprised of §§17.21 - 17.23.
Notice of the review of Chapter 17 was published in the March 9, 2007, issue of the Texas Register (32 TexReg 1331). No comments were received in response to the notice.
The commission finds that the reasons for initially adopting §§17.2 - 17.4 and §§17.21 - 17.23 continue to exist and readopts these sections without changes in accordance with the requirements of Government Code, §2001.039.
TRD-200703703
Sarah J. Shirley
General Counsel
Texas Department of Banking
Filed: August 17, 2007
The Finance Commission of Texas (commission) has completed the review of Texas Administrative Code, Title 7, Part 2, Chapter 19, concerning trust company loans and investments. The review addressed the rules in all three subchapters, specifically Subchapter A (Loans) comprised of §19.1; Subchapter B (Investments) comprised of §19.21 and §19.22; and Subchapter C (Real Estate) comprised of §19.51.
Notice of the review of Chapter 19 was published in the March 9, 2007, issue of the Texas Register (32 TexReg 1331). No comments were received in response to the notice.
The commission finds that the reasons for initially adopting §§19.1, 19.21, 19.22, and 19.51 continue to exist and readopts these sections without changes in accordance with the requirements of Government Code, §2001.039.
TRD-200703704
Sarah J. Shirley
General Counsel
Texas Department of Banking
Filed: August 17, 2007