Title 22, Part 11
TRD-200702811
Filed: July 2, 2007
Texas Department of Licensing and Regulation
Title 16, Part 4
The Texas Department of Licensing and Regulation (Department) files this notice of intent to review and consider for re-adoption, revision, or repeal, Title 16, Texas Administrative Code, Part 4, Chapter 58, Rental Purchase Agreements. This review and consideration is being conducted in accordance with the requirements of Texas Government Code, §2001.039.
An assessment will be made by the Department 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 Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the Department.
Any questions or written comments pertaining to this rule review may be submitted to Caroline Jackson, Legal Assistant, General Counsel's Office, P.O. Box 12157, Austin, Texas 78711, or facsimile (512) 475-3032, or electronically: erule.comments@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register.
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 or repeal by the Department, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.
§58.1. Authority.
§58.10. Definitions.
§58.21. Review Requirements--Rental Agreements.
§58.70. Responsibilities of Merchants.
§58.80. Fees.
§58.90. Administrative Penalties and Sanctions.
TRD-200702834
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: July 3, 2007
The Texas Department of Licensing and Regulation (Department) files this notice of intent to review and consider for re-adoption, revision, or repeal, Title 16, Texas Administrative Code, Part 4, Chapter 65, Boilers. This review and consideration is being conducted in accordance with the requirements of Texas Government Code, §2001.039.
An assessment will be made by the Department 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 Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the Department.
Any questions or written comments pertaining to this rule review may be submitted to Caroline Jackson, Legal Assistant, General Counsel's Office, P.O. Box 12157, Austin, Texas 78711, or facsimile (512) 475-3032, or electronically: erule.comments@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register.
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 or repeal by the Department, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.
§65.1. Authority.
§65.10. Definitions.
§65.20. Licensing/Certification/Registration Requirements.
§65.30. Exemptions.
§65.50. Reporting Requirements.
§65.60. Responsibilities of the Department.
§65.65. Boiler Board.
§65.70. Responsibilities of the Licensee/Certificate Holder/Registrant.
§65.80. Fees.
§65.90. Sanctions.
§65.100. Technical Requirements.
TRD-200702833
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: July 3, 2007
The Texas Department of Licensing and Regulation (Department) files this notice of intent to review and consider for re-adoption, revision, or repeal, Title 16, Texas Administrative Code, Part 4, Chapter 73, Electricians. This review and consideration is being conducted in accordance with the requirements of Texas Government Code, §2001.039.
An assessment will be made by the Department 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 Department.
Any questions or written comments pertaining to this rule review may be submitted to Caroline Jackson, Legal Assistant, General Counsel's Office, P.O. Box 12157, Austin, Texas 78711, or facsimile (512) 475-3032, or electronically: erule.comments@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register.
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 or repeal by the Department, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.
§73.1. Authority.
§73.10. Definitions.
§73.20. Licensing Requirements--Applicant and Experience Requirements.
§73.21. License Requirements--Examination.
§73.22. License Requirements--General.
§73.23. Licensing Requirements--Renewal.
§73.24. Licensing Requirements--Waiver of Examination Requirements.
§73.25. Continuing Education.
§73.26. Documentation of Required On-The-Job Training.
§73.27. Licensing Requirements--Temporary Apprentices.
§73.28. Licensing Requirements--Emergency Licenses.
§73.30. Exemptions.
§73.40. Insurance Requirements.
§73.51. Electrical Contractor's Responsibilities.
§73.52. Electrical Sign Contractor's Responsibilities.
§73.53. Licensee's Responsibilities.
§73.60. Standards of Conduct for Licensee.
§73.65. Advisory Board.
§73.70. Responsibilities of Licensee--Standards of Conduct.
§73.80. Fees.
§73.90. Sanctions--Administrative Sanctions/Penalties.
§73.100. Technical Requirements.
TRD-200702835
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: July 3, 2007
Title 22, Part 11
The Board of Nurse Examiners will review and consider whether to re-adopt, re-adopt with amendments, or repeal Chapter 211, relating to General Provisions. This review is done pursuant to Texas Government Code §2001.039.
The Board will assess whether the reason(s) for adopting or re-adopting this chapter continues to exist. Each section of the chapter will be reviewed to determine whether it is obsolete, reflects current legal and policy considerations, reflects current general provisions in the governance of the Board, and/or whether it is in compliance with Chapter 2001 of the Texas Government Code (Administrative Procedures Act).
Comments on the review may be submitted in writing within 30 days following the publication of this rule review in the Texas Register to E. Joy Sparks, Assistant General Counsel, 333 Guadalupe St., Suite 3-460, Austin, Texas 78701, Fax: (512) 305-8101, or joy.sparks@bne.state.tx.us. Any proposed changes to the sections of this chapter as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for an additional 30 day public comments period prior to final adoption of any repeal, amendment, or adoption.
TRD-200702806
Joy Sparks
Assistant General Counsel
Board of Nurse Examiners
Filed: July 2, 2007
The Board of Nurse Examiners will review and consider whether to re-adopt, re-adopt with amendments, or repeal Chapter 217, relating to Licensure, Peer Assistance and Practice. This review is done pursuant to Texas Government Code §2001.039.
The Board will assess whether the reason(s) for adopting or re-adopting this chapter continues to exist. Each section of the chapter will be reviewed to determine whether it is obsolete, reflects current legal and policy considerations, reflects current procedures and practices of the Board, and/or whether it is in compliance with Chapter 2001 of the Texas Government Code (Administrative Procedures Act).
Comments on the review may be submitted in writing within 30 days following the publication of this rule review in the Texas Register to E. Joy Sparks, Assistant General Counsel, 333 Guadalupe St., Suite 3-460, Austin, Texas 78701, Fax: (512) 305-8101, or joy.sparks@bne.state.tx.us. Any proposed changes to the sections of this chapter as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for an additional 30 day public comments period prior to final adoption of any repeal, amendment, or adoption.
TRD-200702807
Joy Sparks
Assistant General Counsel
Board of Nurse Examiners
Filed: July 2, 2007
The Board of Nurse Examiners will review and consider whether to re-adopt, re-adopt with amendments, or repeal Chapter 219, relating to Advanced Nurse Practitioner Program. This review is done pursuant to Texas Government Code §2001.039.
The Board will assess whether the reason(s) for adopting or re-adopting this chapter continues to exist. Each section of the chapter will be reviewed to determine whether it is obsolete, reflects current legal and policy considerations, reflects current procedures and practices of the Board, and/or whether it is in compliance with Chapter 2001 of the Texas Government Code (Administrative Procedures Act).
Comments on the review may be submitted in writing within 30 days following the publication of this rule review in the Texas Register to E. Joy Sparks, Assistant General Counsel, 333 Guadalupe St., Suite 3-460, Austin, Texas 78701, Fax: (512) 305-8101, or joy.sparks@bne.state.tx.us. Any proposed changes to the sections of this chapter as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for an additional 30 day public comments period prior to final adoption of any repeal, amendment, or adoption.
TRD-200702808
Joy Sparks
Assistant General Counsel
Board of Nurse Examiners
Filed: July 2, 2007
The Board of Nurse Examiners will review and consider whether to re-adopt, re-adopt with amendments, or repeal Chapter 223, relating to Fees. This review is done pursuant to Texas Government Code §2001.039.
The Board will assess whether the reason(s) for adopting or re-adopting this chapter continues to exist. Each section of the chapter will be reviewed to determine whether it is obsolete, reflects current legal and policy considerations, reflects current general provisions in the governance of the Board, and/or whether it is in compliance with Chapter 2001 of the Texas Government Code (Administrative Procedures Act).
Comments on the review may be submitted in writing within 30 days following the publication of this rule review in the Texas Register to E. Joy Sparks, Assistant General Counsel, 333 Guadalupe St., Suite 3-460, Austin, Texas 78701, Fax: (512) 305-8101, or joy.sparks@bne.state.tx.us. Any proposed changes to the sections of this chapter as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for an additional 30 day public comments period prior to final adoption of any repeal, amendment, or adoption.
TRD-200702809
Joy Sparks
Assistant General Counsel
Board of Nurse Examiners
Filed: July 2, 2007
Title 31, Part 10
The Texas Water Development Board (the Board) files this notice of intent to review 31 Texas Administrative Code (TAC), Part 10, Chapter 359, Water Banking, in accordance with the Texas Government Code, §2001.039. The Board finds that the reason for adopting the rules set forth in this chapter continues to exist although particular rules may require amendments to reflect recent legislative changes.
As required by §2001.039, Texas Government Code, the Board will make a final assessment regarding whether the reason for adopting each of the rules in 31 TAC Chapter 359 continues to exist and will publish its proposal to readopt and/or readopt with amendments for public comments in the near future once its review has concluded. The comment period will last 30 days beginning with the publication of a notice to readopt and/or readopt the provisions in this chapter.
Comments or questions regarding this rule review may be submitted to Robert R. Flores, Attorney, Office of General Counsel, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711-3231, by e-mail to robert.flores@twdb.state.tx.us or by fax at (512) 463-5580.
TRD-200702777
Marisol Saenz
Attorney
Texas Water Development Board
Filed: June 29, 2007
Comptroller of Public Accounts
Title 34, Part 1
The Comptroller of Public Accounts (comptroller) readopts all sections under the following subchapters of Texas Administrative Code, Title 34, Part 1, Chapter 3 (Tax Administration).
Subchapter D (Occupation Tax on Sulphur Producers):
§3.41. Definition and Due Dates.
Subchapter F (Motor Vehicle Sales Tax):
§3.61. Credit for Motor Vehicle Sales and Use Tax Paid to Another State.
§3.62. Insurance Settlements.
§3.63. Foreign Diplomatic Officials.
§3.64. Motor Vehicle Transferred on Incorporation.
§3.65. Motor Vehicles Purchased Through Another Name.
§3.66. Community Property.
§3.67. Repossessions.
§3.68. United States and Foreign Military Personnel Stationed in Texas.
§3.69. Motor Vehicle Use Tax; Interstate Commerce; Motor Carriers.
§3.70. Motor Vehicle Leases and Sales.
§3.71. Definition of Resident and New Resident.
§3.72. Farm Machines, Timber Machines and Trailers.
§3.73. Qualifying for Fair Market Value Deduction and Determination of Fair Market Value for Replaced Vehicles.
§3.74. Seller Responsibility.
§3.75. Refunds, Payments Under Protest, Payment Instruments and Dishonored Payments.
§3.76. Driver Education Cars.
§3.78. Motor Vehicles Rentals.
§3.79. Standard Presumptive Value.
§3.80. Motor Vehicles Awarded as Prizes.
§3.82. Exemption for Churches or Religious Societies.
§3.84. Exemption for Orthopedically Handicapped Person.
§3.86. Destroyed and Repaired Motor Vehicles.
§3.88. Moveable Specialized Equipment and Off-Road Vehicles.
§3.90. Motor Vehicles Purchased for Use Outside of Texas.
§3.94. Filing Reports.
§3.95. Motor Vehicle Sales Tax Resale Certificate; Sales for Resale.
§3.96. Imposition and Collection of a Surcharge on Certain Diesel Powered Motor Vehicles.
Subchapter G (Cigarette Tax):
§3.101. Cigarette Tax and Stamping Activities.
§3.102. Applications, Definitions, Permits, and Reports.
Subchapter H (Cigar and Tobacco Tax):
§3.121. Definitions, Imposition of Tax, Permits, and Reports.
Subchapter I (Miscellaneous Occupation Tax):
§3.143. Oil, Gas, and Related Well Service.
Subchapter J (Petroleum Products Delivery Fee):
§3.151. Imposition, Collection, and Bonds or Other Security of the Fee.
Subchapter T (Manufactured Housing Sales and Use Tax):
§3.481. Imposition and Collection of Tax.
Subchapter V (Franchise Tax):
§3.541. Exemptions.
§3.544. Reports and Payments.
§3.545. Extensions.
§3.546. Taxable Capital: Nexus.
§3.547. Taxable Capital: Accounting Methods.
§3.548. Taxable Capital: Close and S Corporations.
§3.549. Taxable Capital: Apportionment.
§3.550. Taxable Capital: Stated Capital.
§3.551. Taxable Capital: Surplus.
§3.552. Taxable Capital: In Process of Liquidation.
§3.553. Taxable Capital: Oil and Gas Reserves.
§3.554. Earned Surplus: Nexus.
§3.555. Earned Surplus: Computation.
§3.556. Earned Surplus: S Corporations.
§3.557. Earned Surplus: Apportionment.
§3.558. Earned Surplus: Officer and Director Compensation.
§3.559. Earned Surplus: Temporary Credit.
§3.560. Banking Corporations.
§3.561. Enterprise Zones and Defense Economic Readjustment Zones.
§3.562. Limited Liability Companies.
§3.563. Savings and Loan Associations.
§3.565. Survivors of Mergers.
§3.566. Title Insurance Holding Companies.
§3.567. Additional Tax on Earned Surplus.
§3.568. Changes in Corporate Organization.
§3.569. Texas Youth Commission Credit.
§3.570. Liens.
§3.572. 1992 Transition.
§3.575. Annual Extensions/Electronic Funds Transfer.
§3.576. Earned Surplus: Allocation.
§3.577. Credit for Sales Tax Paid on Property Used in Manufacturing.
§3.578. Economic Development Credits.
§3.579. Child Care Credits.
§3.580. Credit for Hiring Persons with Disabilities.
§3.594. Margin: Temporary Credit.
Subchapter Z (Coastal Protection Fee):
§3.692. Definitions, Reporting Requirements, and Amount of Fee.
The comptroller has reviewed Chapter 3, Subchapters D, F, G, H, I, J, T, V, and Z, and determined that the reasons for initially adopting these rules continue to exist.
Notice of any changes to these rules will be published in the Texas Register as required under the Administrative Procedures Act, Government Code, Chapter 2001.
This review was conducted in accordance with Government Code, §2001.039. The proposed rule review was published in the May 11, 2007, issue of the Texas Register (32 TexReg 2685). No comments were received concerning the readoption of these rules.
This concludes the review of Texas Administrative Code, Title 34, Part 1, Chapter 3.
TRD-200702838
Martin Cherry
General Counsel
Comptroller of Public Accounts
Filed: July 3, 2007
The Comptroller of Public Accounts (comptroller) readopts the following sections under Texas Administrative Code, Title 34, Part 1, Chapter 3, Subchapter O (State Sales and Use Tax):
§3.324. Oil, Gas, and Related Well Service.
§3.325. Refunds, Interest, and Payments under Protest.
§3.327. Taxpayer's Bond or Other Security.
§3.328. Optional Reporting Methods for Grocers and Other Vendors.
§3.329. Enterprise Projects, Enterprise Zones, and Defense Readjustment Zones.
§3.330. Data Processing Services.
§3.331. Transfers of Common Interests in Tangible Personal Property; Intercorporate Services.
§3.332. Drilling Equipment.
§3.333. Security Services.
§3.336. Gold, Silver, Coins, and Currency.
§3.337. Gratuities.
§3.338. Multistate Tax Credits and Allowance of Credit for Tax Paid to Suppliers.
§3.339. Statute of Limitations.
§3.341. Sales of Governmental Publications, Records, or Documents.
§3.342. Information Services.
§3.343. Credit Reporting Services.
§3.344. Telecommunications Services.
§3.346. Use Tax.
§3.347. Improvements to Realty.
§3.354. Debt Collection Services.
§3.355. Insurance Services.
§3.356. Real Property Service.
§3.357. Nonresidential Real Property Repair, Remodeling, and Restoration; Real Property Maintenance.
§3.358. Maquiladoras.
§3.360. Customs Brokers.
§3.361. Practice and Procedure for Texas Customs Broker's License Denial, Suspension, and Revocation.
§3.362. Labor Relating to Increasing Capacity in a Production Unit in a Petrochemical Refinery or Chemical Plant.
§3.364. Staff Leasing Services.
§3.365. Sales of Clothing and Footwear During a Three-day Period in August.
§3.366. Internet Access Services.
§3.367. Timber Items.
§3.368. Certified Public Accountant (CPA) Audit Program.
The comptroller has reviewed Chapter 3, Subchapter O, and determined that the reasons for initially adopting these rules continue to exist.
Notice of any changes to Subchapter O will be published in the Texas Register as required under the Administrative Procedures Act, Government Code, Chapter 2001.
This review was conducted in accordance with Government Code, §2001.039. The proposed rule review was published in the May 11, 2007, issue of the Texas Register (32 TexReg 2685). No comments were received concerning the readoption of these rules.
TRD-200702837
Martin Cherry
General Counsel
Comptroller of Public Accounts
Filed: July 3, 2007
The Comptroller of Public Accounts (comptroller) readopts all sections under Texas Administrative Code, Title 34, Part 1, Chapter 3, Subchapter Y (Controlled Substances Tax):
§3.682. Tax Payment Certificates.
§3.683. Jeopardy Determinations.
The comptroller has reviewed Subchapter Y and determined that the reasons for initially adopting these rules continue to exist.
Notice of any changes to this subchapter will be published in the Texas Register as required under the Administrative Procedures Act, Government Code, Chapter 2001.
This review was conducted in accordance with Government Code, §2001.039. The proposed rule review was published in the March 24, 2006, issue of the Texas Register (31 TexReg 2703). No comments were received concerning the readoption of these sections.
TRD-200702836
Martin Cherry
General Counsel
Comptroller of Public Accounts
Filed: July 3, 2007
Title 16, Part 8
The Texas Racing Commission (commission) has completed its review of Chapter 301, Definitions, in accordance with Government Code, §2001.039. Notice of the rule review, along with a proposed amendment to §301.1, was published in the April 13, 2007, edition of the Texas Register (32 TexReg 2085). The amendment related to the term "tote board" and the definition of "race meeting".
The commission received no comments on the rule review or the rule amendment in response to the notice.
The commission has determined that the reasons for initially adopting the chapter continue to exist and readopts the chapter, along with the amendment as published in this issue of the Texas Register.
This completes the commission's review of Chapter 301.
TRD-200702657
Mark Fenner
General Counsel
Texas Racing Commission
Filed: June 26, 2007
The Texas Racing Commission (commission) has completed its review of Chapter 319, Veterinary Practices and Drug Testing, in accordance with Government Code, §2001.039. Notice of the rule review was published in the April 13, 2007, edition of the Texas Register (32 TexReg 2086). Proposed amendments to §§319.102, 319.111, 319.202, 319.203, and 319.204, as well as new §319.108, were published in the same edition.
The commission received no comments on the rule review, the proposed rule amendments, or the proposed new rule in response to the notice.
The commission has determined that the reasons for initially adopting the chapter continue to exist and readopts the chapter, along with the amendments as published in this issue of the Texas Register.
This completes the commisison's review of Chapter 319.
TRD-200702658
Mark Fenner
General Counsel
Texas Racing Commission
Filed: June 26, 2007