Title 7, Part 6
The Texas Credit Union Commission (Commission) will review and consider for re-adoption, revision, or repeal of Chapter 91, §§91.6001 (Fiduciary Duties); 91.6002 (Fiduciary Capacities); 91.6003 (Notice Requirements); 91.6004 (Exercise of Fiduciary Powers); 91.6005 (Exemption from Notice); 91.6006 (Policies and Procedures); 91.6007 (Review of Fiduciary Accounts); 91.6008 (Recordkeeping); 91.6009 (Audit); 91.6010 (Custody of Fiduciary Assets); 91.6011 (Trust Funds); 91.6012 (Compensation, Gifts, and Bequests); 91.6013 (Bond Coverage); 91.6014 (Errors and Omissions Insurance); and 91.6015 (Litigation File) of Title 7, Part 6 of the Texas Administrative Code in preparation for the Commission’s Rule Review as required by §2001.039, Government Code.
An assessment will be made by the Commission 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 Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the Credit Union Department.
Comments or questions regarding these rules may be submitted in writing to, Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699, or electronically to info@tcud.state.tx.us. The deadline for comments is August 31, 2007.
The Commission also invites your comments on how to make these rules easier to understand. For example:
* Do the rules organize the material to suit your needs? If not, how could the material be better organized?
* Do the rules clearly state the requirements? If not, how could the rule be more clearly stated?
* Do the rules contain technical language or jargon that isn’t clear? If so, what language requires clarification?
* Would a different format (grouping and order of sections, use of headings, paragraphing) make the rule easier to understand? If so, what changes to the format would make the rule easier to understand?
* Would more (but shorter) sections be better in any of the rules? If so, what sections should be changed?
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 by the Commission.
TRD-200702578
Harold E. Feeney
Commissioner
Credit Union Department
Filed: June 21, 2007
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 130 concerning Impairment and Supplement Income Benefits. This proposed review is pursuant to the General Appropriations Act, Article IX, §167, 75th Legislature; the General Appropriations Act, Sections 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:
SUBCHAPTER A - Impairment Income Benefits
§130.1 Certification of Maximum Medical Improvement and Evaluation of Permanent Impairment
§130.2 Certification of Maximum Medical Improvement and Evaluation of Permanent Impairment by the Treating Doctor
§130.3 Certification of Maximum Medical Improvement and Evaluation of Permanent Impairment by a Doctor other than the Treating Doctor
§130.4 Presumption that Maximum Medical Improvement (MMI) has been Reached and Resolution when MMI has not been Certified
§130.6 Designated Doctor Examinations for Maximum Medical Improvement and/or Impairment Ratings
§130.7 Acceleration of Impairment Income Benefits
§130.8 Initiating Payment of Impairment Income Benefits
§130.10 Commission Review of Employment Status during the Impairment Income Benefits Period
§130.11 Agreement for Monthly Payment of Impairment Income Benefits
§130.12 Finality of the First Certification of Maximum Medical Improvement and/or First Assignment of Impairment Rating
SUBCHAPTER B - Supplemental Income Benefits
§130.100 Applicability
§130.101 Definitions
§130.102 Eligibility for Supplemental Income Benefits; Amount
§130.103 Determination of Entitlement or Non-entitlement for the First Quarter
§130.104 Determination of Entitlement or Non-entitlement for Subsequent Quarters
§130.105 Failure to Timely File Application for Supplemental Income Benefits; Subsequent Quarters
§130.106 Permanent Loss of Entitlement to Supplemental Income Benefits
§130.107 Payment of Supplemental Income Benefits
§130.108 Contesting Entitlement or Amount of Supplemental Income Benefits; Attorney Fees
§130.109 Reinstatement of Entitlement If Discharged with Intent To Deprive of Supplemental Income Benefits
Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on August 6, 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-200702666
Norma Garcia
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: June 26, 2007
The Texas Department of Insurance, Division of Workers' Compensation files this notice of intention to review the rules contained in Chapter 131 concerning Benefits--Lifetime Income 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:
§131.1 Initiation of Lifetime Income Benefits
§131.2 Calculation of Lifetime Income Benefits
§131.3 Carrier's Petition for Payment of Benefits by the Subsequent Injury Fund
§131.4 Change in Payment Period; Purchase of Annuity for Lifetime Income Benefits
Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on August 6, 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-200702667
Norma Garcia
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: June 26, 2007
The Texas Department of Insurance, Division of Workers' Compensation (Division) files this notice of intention to review the rules contained in Chapter 132 concerning Death Benefits--Death and Burial Benefits. This proposed review is pursuant to the General Appropriations Act, Article IX, §167, 75th Legislature; the General Appropriations Act, Sections 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.
§132.1 Calculation of Death Benefits
§132.2 Determination of Facts of Dependent Status
§132.3 Eligibility of Spouse To Receive Death Benefits
§132.4 Eligibility of a Child To Receive Death Benefits
§132.5 Eligibility of a Grandchild To Receive Death Benefits
§132.6 Eligibility of Other Surviving Dependents To Receive Death Benefits
§132.7 Duration of Death Benefits for Eligible Spouse
§132.8 Duration of Death Benefits for an Eligible Child
§132.9 Duration of Death Benefits for an Eligible Grandchild and any Other Eligible Dependents
§132.10 Payment of Death Benefits to the Subsequent Injury Fund
§132.11 Distribution of Death Benefits
§132.12 Redistribution of Death Benefits
§132.13 Burial Benefits
§132.14 Autopsy
§132.15 Definitions
§132.16 Change in Payment Periods; Purchase of Annuity for Death Benefits
§132.17 Denial, Dispute, and Payment of Death Benefits
Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on August 6, 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-200702668
Norma Garcia
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: June 26, 2007
Title 16, Part 9
The Texas Lottery Commission (Commission) proposes to review 16 TAC Chapter 403, General Administration, in accordance with the requirements of Government Code, §2001.039, which directs each state agency to review and consider for readoption each of its rules every four years. During this review the Commission will assess, at a minimum, whether the reasons for adopting each of the rules in Chapter 403 continue to exist.
The Commission will accept comments in regard to whether the reasons for adopting each of the rules in Chapter 403 continue to exist. The comment period begins on Friday, July 13, 2007, and ends on Monday, August 13, 2007. Comments should be submitted to Sarah Woelk by mail at P.O. Box 16630, Austin, Texas 78711; by facsimile at (512) 344-5189; or by email at www.txlottery.org.
At the conclusion of the review of Chapter 403, the Commission will take one of the following actions in regard to each rule in Chapter 403: The Commission will readopt the rule, the Commission will propose the repeal of the rule, or the Commission will propose readopting the rule with revisions. If the Commission readopts a rule, notice of the readoption will appear in the Texas Register Rule Review section, but the text of the readopted rule will not be published. Any proposed repeal of a rule or any proposed amendment to a rule will be published in the Proposed Rules section of the Texas Register in accordance with procedures set out in Government Code, Chapter 2001, subchapter B, and will be the subject of an additional comment period before final repeal or final adoption.
TRD-200702681
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 27, 2007
Title 37, Part 1
Pursuant to Government Code, §2001.039, the Texas Department of Public Safety (department) files this notice of intent to review and consider for readoption, amendment, or repeal 37 TAC Chapter 3 (Texas Highway Patrol), Chapter 4 (Commercial Vehicle Regulations), Chapter 5 (Criminal Law Enforcement), and Chapter 25 (Safety Responsibility Regulations).
The department will determine 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. Any changes to these rules as a result of the rule review will be published in the Proposed Rules section of the Texas Register.
Written comments relating to this rule review will be accepted for a 30-day period following publication of this notice in the Texas Register. Comments should be directed to Pat Holmes, Inspector, Office of General Counsel, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0140.
TRD-200702698
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Filed: June 27, 2007
Texas Department of Insurance, Division of Workers' Compensation
Title 28, Part 2
Pursuant to the notice of proposed rule review published in the January 19, 2007, issue of the Texas Register (32 TexReg 247), the Texas Department of Insurance, Division of Workers' Compensation has reviewed and considered for readoption, revision or repeal all sections as they existed on January 19, 2007, of the following chapters of Title 28, Part 2 of the Texas Administrative Code, in accordance with Texas Government Code §2001.039: Chapter 156, Representation of Parties Before the Agency--Carrier's Austin Representative and Chapter 160, Workers' Health and Safety--General Provisions.
The Department considered, among other things, whether the reasons for adoption of these rules continue to exist. The Department received no written comments regarding the review of its rules.
The Department has determined that the reasons for adopting the remaining sections continue to exist and those sections are retained in their present form. However, other sections that were reviewed may be subsequently revised in accordance with the Department's internal procedures. Any such revisions will be accomplished in accordance with the Texas Administrative Procedure Act.
This concludes the Department's review of Chapters 156, and 160. The completion of the review of these chapters concludes the rule review process.
TRD-200702653
Norma Garcia
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: June 25, 2007