Texas Commission on Fire Protection
Title 37, Part 13
The Texas Commission on Fire Protection (the Commission) files this notice of intention to review the following chapters contained in Title 37, Part 13 of the Texas Administrative Code. This review is pursuant to §2001.039, Texas Government Code. The assessment made by the Commission at this time indicates that the reasons for adopting the rules contained in the following chapters continue to exist and it proposes to readopt these chapters:
Chapter 407 Administration;
Chapter 421 Standards for Certification;
Chapter 423 Fire Suppression;
Chapter 425 Fire Service Instructors;
Chapter 427 Training Facility Certification;
Chapter 429 Minimum Standards for Fire Inspectors;
Chapter 439 Examinations for Certification;
Chapter 441 Continuing Education;
Chapter 451 Fire Officer;
Chapter 453 Minimum Standards for Hazardous Materials Technician;
Chapter 491 Voluntary Regulation of State Agencies and State Agency Employees;
Chapter 493 Voluntary Regulation of Federal Agencies and Federal Agency;
Chapter 495 Regulation of Nongovernmental Departments
Comments regarding this notice of intention to review and whether the reasons for adopting the rules continue to exist may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Gary L. Warren, Sr., Executive Director, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or by e-mail at info@tcfp.state.tx.us. Comments will be reviewed and discussed at a future Commission meeting.
TRD-200702876
Gary L. Warren, Sr.
Executive Director
Texas Commission on Fire Protection
Filed: July 6, 2007
Comptroller of Public Accounts
Title 34, Part 1
The Comptroller of Public Accounts (comptroller) will repeal all sections of Texas Administrative Code, Title 34, Part 1, Chapter 1, Subchapter C (Advisory Committees) and Subchapter D (Texas Film Industry Loan Guarantee Program).
Under Government Code, §2110.008, state agencies may designate by rule the date on which an advisory committee will automatically be abolished. In Subchapter C, §1.300 (Public Education Integrity Task Force) and §1.301 ("e-Texas" Citizens' Committee), the comptroller set the abolition dates for the task force and the committee as December 31, 2000, and June 30, 2001, respectively. Since the Public Education Integrity Task Force and the "e-Texas" Citizens' Committee no longer exist, §1.300 and §1.301 are no longer necessary.
The comptroller will repeal Subchapter D, §1.330 (General Provisions), §1.331 (Purposes, Limitations, and Lender Loan Requirements), and §1.332 (Filing Requirements and Consideration of the Loan Guarantee Application) as a result of the statutory expiration of the Texas Film Industry Loan Guarantee Program on September 1, 2005, in accordance with the Sunset Advisory Commission's recommendation to the 79th Legislature, 2005, that the program under Government Code, §§403.321 - 403.335, be allowed to expire.
The comptroller has reviewed Chapter 1, Subchapters C and D, and determined that the reasons for initially adopting these rules no longer exist. Notice of the repeal of Chapter 1, Subchapter C, §1.300 and §1.301, and Subchapter D, §§1.330 - 1.332 will be published in future issues of the Texas Register.
This review was conducted in accordance with Government Code, §2001.039. The proposed rule review was published in the March 19, 2004, issue of the Texas Register (29 TexReg 2927). No comments were received concerning the readoption of these sections.
TRD-200702857
Martin Cherry
General Counsel
Comptroller of Public Accounts
Filed: July 5, 2007
The Comptroller of Public Accounts (comptroller) readopts all sections under Texas Administrative Code, Title 34, Part 1, Chapter 1 (Central Administration), Subchapters E and F.
Subchapter E (Historically Underutilized Businesses):
§1.345. Historically Underutilized Businesses.
Subchapter F (Negotiation and Mediation of Contract Disputes):
§1.360. Purpose.
§1.361. Applicability.
§1.362. Definitions.
§1.363. Prerequisites to Suit.
§1.364. Sovereign Immunity.
§1.365. Notice of Claim of Breach of Contract.
§1.366. Agency Counterclaim.
§1.367. Request for Voluntary Disclosure of Additional Information.
§1.368. Duty to Negotiate.
§1.369. Timetable.
§1.370. Conduct of Negotiation.
§1.371. Settlement Approval Procedures for Negotiation.
§1.372. Settlement Agreement.
§1.373. Cost of Negotiation.
§1.374. Request for Contested Case Hearing.
§1.375. Mediation Timetable.
§1.376. Conduct of Mediation.
§1.377. Agreement to Mediate.
§1.378. Qualifications and Immunity of the Mediator.
§1.379. Confidentiality of Mediation and Final Settlement Agreement.
§1.380. Costs of Mediation.
§1.381. Settlement Approval Procedures for Mediation.
§1.382. Initial Settlement Agreement.
§1.383. Final Settlement Agreement.
§1.384. Referral to the State Office of Administrative Hearing (SOAH).
§1.385. Assisted Negotiation Processes.
§1.386. Factors that Support the Use of Assisted Negotiation Processes.
§1.387. Use of Assisted Negotiation Processes.
The comptroller has reviewed Chapter 1, Subchapters E and F, and determined that the reasons for initially adopting these rules continue to exist. Notice of any changes to these subchapters 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 the sections under Subchapters E and F. This concludes the review of Texas Administrative Code, Title 34, Part 1, Chapter 1.
TRD-200702858
Martin Cherry
General Counsel
Comptroller of Public Accounts
Filed: July 5, 2007
The Comptroller of Public Accounts readopts all sections of Texas Administrative Code, Title 34, Part 1, Chapter 5 (Funds Management--Fiscal Affairs).
Subchapter A (Judiciary Department Procedures):
§5.1. Definitions.
§5.2. Salary Affidavits: District Attorneys, Criminal District Attorneys, and State Paid County Attorneys.
§5.3. Salary Affidavits: District Judges, Criminal District Judges and Judges of Court of Civil Appeals.
§5.4. Claims for Additional Compensation for Active, Retired, and Former District Judges.
§5.6. Travel and Expense Accounts of District Judges and District Attorneys.
§5.7. Witness Fees.
§5.8. Payroll Procedures: District Judges, Criminal District Judges, District Attorneys, and Criminal District Attorneys.
Subchapter B (Claims Processing--Electronic Funds Transfers):
§5.12. Paying Vendors through Electronic Funds Transfers.
§5.13. Paying State Employees through Electronic Funds Transfers.
§5.14. Paying Annuitants through Electronic Funds Transfers.
§5.15. Paying Governmental Entities through Electronic Funds Transfers.
Subchapter C (Claims Processing--Travel Vouchers):
§5.22. Incorporation by Reference: "State of Texas Travel Allowance Guide".
Subchapter D (Claims Processing--Payroll):
§5.36. Deductions for Paying Membership Fees to Certain Law Enforcement Employee Organizations.
§5.39. Hazardous Duty Pay.
§5.40. Overpayments and Underpayments of Compensation.
§5.41. Payroll Requirements.
§5.43. Payments for Accrued Vacation Time.
§5.44. Payments for Accrued Vacation Time and Sick Leave to the Estates of Deceased State Employees.
§5.45. IRS Levy Procedures.
§5.46. Deductions for Paying Membership Fees to Employee Organizations.
§5.47. Deductions for Payments to Credit Unions.
§5.48. Deductions for Contributions to Charitable Organizations.
Subchapter E (Claims Processing--Purchase Vouchers):
§5.51. Requirements for Purchase Documents.
§5.54. Consulting Services Contracts.
§5.56. Appropriation Year Determination.
§5.57. Use of Payment Cards by State Agencies.
§5.58. Recovery of Certain State Agency Overpayments.
Subchapter F (Claims Processing--General Requirements):
§5.61. Approval and Certification of Certain Payment and USPS Documents.
Subchapter L (Claims Processing--Duplicate Warrants):
§5.140. Replacement Warrants.
Subchapter N (Funds Accounting--Accounting Policy Statements):
§5.160. Incorporation by Reference: Accounting Policy Statements 2006-2007.
Subchapter O (Uniform Statewide Accounting System):
§5.200. State Property Accounting System.
The comptroller has reviewed Chapter 5 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 March 19, 2004, issue of the Texas Register (29 TexReg 2927). No comments were received concerning the readoption of these rules. This concludes the review of Texas Administrative Code, Title 34, Part 1, Chapter 5.
TRD-200702898
Martin Cherry
General Counsel
Comptroller of Public Accounts
Filed: July 6, 2007
The Comptroller of Public Accounts readopts all sections under Texas Administrative Code, Title 34, Part 1, Chapter 7 (Prepaid Higher Education Tuition Program).
Subchapter A (General Rules):
§7.1. General Statement of Purpose.
§7.2. Definitions.
§7.3. Tax Exempt Status Requirements.
Subchapter B (Board Meeting Guidelines and Requirements):
§7.11. Board Officers.
§7.12. Meetings.
§7.13. Agenda for Board Meetings.
§7.14. Record of Meetings.
§7.15. Voting Procedures.
§7.16. Public Comment.
§7.17. Public Hearings.
§7.18. Complaints.
Subchapter C (Board Responsibilities):
§7.21. General Responsibilities.
Subchapter D (Executive Director):
§7.31. General Responsibilities.
§7.32. Management Responsibilities.
§7.33. Delegated Responsibilities.
Subchapter E (Application, Enrollment, Payment, and Fees):
§7.41. Application.
§7.42. Enrollment Period.
§7.43. Administrative Fees.
Subchapter F (Tuition):
§7.51. Tuition Paid.
§7.52. Maximum Tuition Credit Hours and Fees Paid.
§7.53. Supplemental Contracts.
§7.54. Application of Unused Credit Hours To Graduate Tuition.
Subchapter G (Beneficiaries):
§7.61. Qualified Beneficiary.
§7.62. Certification and Evidence of Residency.
§7.63. Change of Beneficiary.
§7.64. Purchasers.
Subchapter H (Conversion):
§7.71. Conversion.
Subchapter I (Refunds, Termination):
§7.81. Refunds.
§7.82. Termination of Prepaid Tuition Contract.
§7.83. Termination of Program.
§7.84. Transfer of Benefits.
Subchapter J (Default):
§7.91. Default.
Subchapter K (Higher Education Savings Plan):
§7.101. Definitions.
§7.102. General Provisions.
§7.103. Tax Benefits and Securities Laws Exemptions.
§7.104. Enrollment.
§7.105. Administrative Fees and Service Charges.
§7.106. Plan Managers.
§7.107. Beneficiaries.
§7.108. Roll-Overs.
§7.109. Owners.
§7.110. Replacement of Beneficiary.
§7.111. Withdrawals.
The comptroller has reviewed Chapter 7 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 March 24, 2006, issue of the Texas Register (31 TexReg 2703). No comments were received concerning the readoption of these sections. This concludes the review of Texas Administrative Code, Title 34, Part 1, Chapter 7.
TRD-200702859
Martin Cherry
General Counsel
Comptroller of Public Accounts
Filed: July 5, 2007
Title 25, Part 1
The Department of State Health Services (department) has reviewed 25 TAC, Chapter 38, §§38.1 - 38.14 and §38.16, concerning Children with Special Health Care Needs Services Program, in accordance with the requirements of the Texas Government Code, §2001.039. The department has determined that reasons for readopting the sections continue to exist.
As a result of the rule review, the department published proposed rules, §§38.1 - 38.14 and §38.16, in the January 6, 2006, issue of the Texas Register (31 TexReg 55). The final rules were published in the May 19, 2006, issue of the Texas Register (31 TexReg 4200), and the rules became effective May 28, 2006. The chapter review completion date is May 28, 2006.
TRD-200702853
Linda Wiegman
Deputy General Counsel
Department of State Health Services
Filed: July 5, 2007
The Department of State Health Services (department) has reviewed 25 TAC Chapter 39, §§39.1 - 39.11 and §§39.91 - 39.94, concerning Primary Health Care Services Program, in accordance with the requirements of the Texas Government Code, §2001.039. The department has determined that reasons for readopting the sections continue to exist.
As a result of the rule review, the department published proposed rules in Subchapter D, concerning Clearinghouse for Primary Care Providers Seeking Collaborative Practice, §§39.91 - 39.94 in the August 22, 2003, issue of the Texas Register (28 TexReg 6674). The final rules were published in the November 14, 2003, issue of the Texas Register (28 TexReg 10221), and the rules became effective November 20, 2003.
The proposed rules in Subchapter A, concerning Primary Health Care Services Program, §§39.1 - 39.11 were published in the February 24, 2006, issue of the Texas Register (31 TexReg 1165) as a result of the rules review. The final rules were published in the May 19, 2006, issue of the Texas Register (31 TexReg 4218), and the rules became effective May 28, 2006. The chapter review completion date is May 28, 2006.
TRD-200702854
Linda Wiegman
Deputy General Counsel
Department of State Health Services
Filed: July 5, 2007
The Department of State Health Services (department) has reviewed 25 TAC Chapter 73, concerning Laboratories, in accordance with the requirements of the Texas Government Code, §2001.039. The department has determined that reasons for readopting the sections continue to exist.
As a result of the rule review, the department published amendments to §§73.11, 73.21, 73.31, 73.41, and 73.51 - 73.55, and the proposed repeal of §73.25, in the October 14, 2005, issue of the Texas Register (30 TexReg 6557). The final rules were published in the April 7, 2006, issue of the Texas Register (31 TexReg 3034), and the rules became effective April 16, 2006. The chapter review completion date is April 16, 2006.
TRD-200702855
Linda Wiegman
Deputy General Counsel
Department of State Health Services
Filed: July 5, 2007
The Department of State Health Services (department) has reviewed 25 TAC Chapter 91, §§91.1 - 91.12, concerning Cancer Registry, in accordance with the requirements of the Texas Government Code, §2001.039. The department has determined that reasons for readopting the sections continue to exist.
As a result of the rule review, the department published amendments to rules in the April 14, 2006, issue of the Texas Register (31 TexReg 3154). The final rules were published in the June 30, 2006, issue of the Texas Register (31 TexReg 5300), and the rules became effective July 9, 2006. The chapter review completion date is July 9, 2006.
TRD-200702895
Linda Wiegman
Deputy General Counsel
Department of State Health Services
Filed: July 6, 2007
The Department of State Health Services (department) has reviewed 25 TAC Chapter 96, concerning Bloodborne Pathogen Control, in accordance with the requirements of the Texas Government Code, §2001.039. The department has determined that reasons for readopting the sections continue to exist.
As a result of the rule review, the department published amendments to §§96.101, 96.201 - 96.203, 96.301 - 96.304, 96.401, 96.402, and 96.501; and the proposed repeal of §96.601 in the January 6, 2006, issue of the Texas Register (31 TexReg 79). The final rules were published in the July 14, 2006, issue of the Texas Register (31 TexReg 5626), and the rules became effective July 23, 2006. The chapter review completion date is July 23, 2006.
TRD-200702856
Linda Wiegman
Deputy General Counsel
Department of State Health Services
Filed: July 5, 2007
The Department of State Health Services (department) has reviewed 25 TAC Chapter 123, §§123.1 - 123.16, concerning Respiratory Care Practitioner Certification, in accordance with the requirements of the Texas Government Code, §2001.039. The department has determined that reasons for readopting the sections continue to exist.
As a result of the rule review, the department published amendments to the rules in the March 24, 2006, issue of the Texas Register (31 TexReg 2369). The final rules were published in the September 22, 2006, issue of the Texas Register (31 TexReg 8094), and the rules became effective September 27, 2006. The chapter review completion date is September 27, 2006.
TRD-200702868
Lisa Hernandez
Deputy General Counsel
Department of State Health Services
Filed: July 6, 2007
The Department of State Health Services (department) has reviewed 25 TAC Chapter 129, §§129.1, 129.2, 129.4, 129.5, and 129.7 - 129.13, concerning Opticians' Registry, in accordance with the requirements of the Texas Government Code, §2001.039. The department has determined that reasons for readopting the sections continue to exist.
As a result of the rule review, the department published amendments to the rules in the August 18, 2006, issue of the Texas Register (31 TexReg 6455). The final rules were published in the December 8, 2006, issue of the Texas Register (31 TexReg 9838), and the rules became effective December 17, 2006. The chapter review completion date is December 17, 2006.
TRD-200702869
Lisa Hernandez
Deputy General Counsel
Department of State Health Services
Filed: July 6, 2007
The Department of State Health Services (department) has reviewed 25 TAC Chapter 133, §§133.1, 133.2, 133.21 - 133.26, 133.41 - 133.48, 133.61, 133.62, 133.81, 133.101, 133.102, 133.121, 133.122, 133.141 - 133.143, and 133.161 - 133.169, concerning Hospital Licensing, in accordance with the requirements of the Texas Government Code, §2001.039. The department has determined that reasons for readopting the sections continue to exist.
As a result of the rule review, the department published proposed repeals and new rules in the December 15, 2006, issue of the Texas Register (31 TexReg 9961). The final rules were published in the June 15, 2007, issue of the Texas Register (32 TexReg 3587), and the rules became effective June 21, 2007. The chapter review completion date is June 21, 2007.
TRD-200702870
Lisa Hernandez
Deputy General Counsel
Department of State Health Services
Filed: July 6, 2007
The Department of State Health Services (department) has reviewed 25 TAC Chapter 143, §§143.1 - 143.20, concerning Medical Radiologic Technologists, in accordance with the requirements of the Texas Government Code, §2001.039. The department has determined that reasons for readopting the sections continue to exist.
As a result of the rule review, the department published amendments to rules in the March 24, 2006, issue of the Texas Register (31 TexReg 2378). The final rules were published in the September 22, 2006, issue of the Texas Register (31 TexReg 8099), and the rules became effective October 1, 2006. The chapter review completion date is October 1, 2006.
TRD-200702871
Lisa Hernandez
Deputy General Counsel
Department of State Health Services
Filed: July 6, 2007