Rule Review

Agency Rule Review Plan

Comptroller of Public Accounts

Title 34, Part 1

TRD-200702944

Filed: July 11, 2007


Proposed Rule Reviews

Texas Department of Criminal Justice

Title 37, Part 6

The Texas Board of Criminal Justice (TBCJ) files this notice of intent to review §151.3, Texas Board of Criminal Justice Operating Procedures. This review is conducted pursuant to Texas Government Code Texas Government Code, §2001.039, which requires rule review every four (4) years.

Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal in the Texas Register.

Cross Reference to Statutes: Texas Government Code, §492.013.

TRD-200702975

Melinda Hoyle Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: July 13, 2007


The Texas Board of Criminal Justice files this notice of intent to review Title 37, Part 6, Chapter 151 General Provisions, §151.25, Texas Department of Criminal Justice Tobacco Policy.

Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal in the Texas Register.

Cross Reference to Statutes: Texas Government Code, §492.013.

TRD-200702976

Melinda Hoyle Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: July 13, 2007


The Texas Board of Criminal Justice (TBCJ) files this notice of intent to review §155.31, Establishing Procedures for Resolving Contract Claims and Disputes. This review is conducted pursuant to Texas Government Code §2001.039, which requires rule review every four years.

Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal in the Texas Register.

Cross Reference to Statutes: Texas Government Code, Chapters 552, 2001, and 2009; Texas Government Code, §2166.001; Texas Transportation Code, §201.112; Civil Practice & Remedies Code, Chapters 107, 152 and 154.

TRD-200702977

Melinda Hoyle Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: July 13, 2007


Windham School District

Title 19, Part 8

The Windham School District (WSD) Board of Trustees (Board) files this notice of intent to review §300.2, Windham School District Board of Trustees Operating Procedures. This review is conducted pursuant to Texas Government Code §2001.039, which requires rule review every four (4) years.

Comments should be directed to Michael P. Mondville, General Counsel, Windham School District, P.O. Box 40, Huntsville, Texas 77342, Michael.Mondville@wsdtx.org. Written comments from the general public should be received within 30 days of the publication of this rule in the Texas Register.

Cross Reference to Statutes: Texas Education Code, §19.004.

TRD-200702973

Melinda Hoyle Bozarth

General Counsel, Texas Department of Criminal Justice

Windham School District

Filed: July 13, 2007


Adopted Rule Reviews

Comptroller of Public Accounts

Title 34, Part 1

The Comptroller of Public Accounts (comptroller) readopts all sections under Texas Administrative Code, Title 34, Part 1, Chapter 1 (Central Administration), Subchapter A (Practice and Procedures), Division 1 (Practice and Procedures):

§1.1. Intent, Scope, and Construction of Rules.

§1.4. Representation and Participation.

§1.5. Initiation of a Hearing.

§1.6. Extensions of Time for Initiating Hearing Process.

§1.7. Content of Statement of Grounds; Preliminary Conference.

§1.8. Resolution Prior to Issuance of a Position Letter.

§1.9. Position Letter.

§1.10. Acceptance or Rejection of Position Letter.

§1.11. Modification of the Position Letter.

§1.14. Notice of Setting for Certain Cigarette, Cigar, and Tobacco Tax Cases.

§1.15. Reply to the Position Letter.

§1.16. Response of the Administrative Hearings Section.

§1.18. Filing of Documents.

§1.20. Continuances.

§1.22. Oral and Written Submission Hearings.

§1.27. Proposal for Decision.

§1.28. Comptroller's Decision.

§1.29. Motion for Rehearing.

§1.31. Computation of Time.

§1.32. Service.

§1.33. Discovery.

§1.35. Nonbinding Nature of Agreed Facts.

§1.36. Interested Parties.

§1.37. Joint Hearings; Severance.

§1.39. Dismissal of Case.

§1.40. Burden of Proof.

§1.41. Ex Parte Communications.

§1.42. Definitions.

The comptroller readopts Texas Administrative Code, Title 34, Part 1, Chapter 1 (Central Administration), Subchapter A (Practice and Procedures), Division 3 (Support Services):

§1.71. Purchasing.

§1.72. Protests of Agency Purchases.

The comptroller readopts Texas Administrative Code, Title 34, Part 1, Chapter 1 (Central Administration), Subchapter B (Public Information):

§1.200. Charges for Public Information.

The comptroller has reviewed Chapter 1, Subchapter A, Divisions 1 and 3, and Subchapter B, 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 May 11, 2007, issue of the Texas Register (32 TexReg 2685). No comments were received concerning the readoption of the sections under Chapter 1, Subchapter A, Divisions 1 and 3, and Subchapter B.

TRD-200702951

Martin Cherry

General Counsel

Comptroller of Public Accounts

Filed: July 12, 2007


The Comptroller of Public Accounts readopts all sections of Texas Administrative Code, Title 34, Part 1, Chapter 9 (Property Tax Administration).

Subchapter A (Practice And Procedure):

§9.17. Notice of Public Hearing on Tax Increase.

§9.18. Adjustment for Optional Homestead Exemption.

§9.101. Conduct of the Property Value Study.

§9.102. Certification of Property Value Reduction.

§9.103. Audits of School District Taxable Property Values.

§9.105. Tax Refund for Economic Development.

§9.107. Appraised Value Limitation and Tax Credit for Certain Qualified Property.

§9.109. Procedures for Protesting Preliminary Findings of Taxable Value.

Subchapter B (Performance Audit Administration):

§9.201. Performance Audit Procedures.

Subchapter C (Appraisal District Administration):

§9.402. Special Use Application Forms.

§9.415. Applications for Property Tax Exemptions.

§9.417. Property Tax Exemption for Organizations Engaged Primarily in Charitable Activities.

§9.419. Procedures for Determining Property Tax Exemption for Motor Vehicles Leased for Personal Use.

Subchapter D (Appraisal Review Board):

§9.801. Notice of Protest.

§9.802. Affidavit for Protest Hearing.

§9.803. Requirements for Appraisal Review Board Records.

§9.804. Arbitration of Appraisal Review Board Determinations.

Subchapter E (Tax Office Administration):

§9.1001. Current and Delinquent Tax Receipts and Temporary Tax Receipts.

Subchapter H (Tax Record Requirements):

§9.3001. Appraisal Cards.

§9.3002. Tax Maps.

§9.3003. Uniform Tax Records System.

§9.3004. Appraisal Records of All Property.

§9.3005. Tax Roll for Any Taxing Unit.

§9.3008. Delinquent Tax Roll of Any Taxing Unit.

§9.3009. Alphabetical Index.

§9.3010. Partial Exemption Lists.

§9.3011. Absolute Exemption Lists.

§9.3012. Open-Space Land Valuation; Agricultural Use Valuation; Timber Use Valuation; Recreational, Park, and Scenic Land Valuation; and Public Access Airport Property Lists.

§9.3014. Property Identification System.

§9.3015. Report of Decreased Value Forms.

§9.3031. Rendition Forms.

§9.3034. Notice of Exemption Application Requirement.

§9.3038. Current, Delinquent, and Special Valuation Rollback Tax Bills or Statements.

§9.3039. Tax Refund Form.

§9.3040. Tax Certificates.

§9.3042. Request Forms for Separate or Joint Taxation.

§9.3044. Appointment of Agents for Property Taxes.

§9.3045. Application for September 1 Inventory Appraisal.

§9.3048. Publication of Budget.

§9.3049. Change of Use Determination.

§9.3052. Request Form for Separate Taxation of Stockholders' Interest in Cooperative Housing.

§9.3054. Request to Postpone Tax Bill.

§9.3057. Notice of Hearing on Proposal to Tax Non-business Personal Property.

§9.3059. Certification of Appraisal Roll.

§9.3060. Installment Payment of Taxes on Property Located Within a Disaster Area.

§9.3064. Public Notice of Protest and Appeal Forms.

Subchapter I (Validation Procedures):

§9.4001. Valuation of Open-Space and Agricultural Lands.

§9.4003. Wildlife Management Use.

§9.4005. Formulas for Interstate Allocation of the Tax Value of Railroad Rolling Stock.

§9.4009. Appraisal of Recreation, Park, and Scenic Land.

§9.4010. Appraisal of Public Access Airport Property.

§9.4011. Appraisal of Timberlands.

§9.4013. Residential Real Property Inventory Appraisal.

§9.4031. Manual for Discounting Oil and Gas Income.

§9.4033. Allocation of Value.

§9.4035. Special Types of Personal Property Inventory.

§9.4037. Use of Electronic Communications for Transmittal of Property Tax Information.

§9.4201. Definition of Petroleum Products.

The comptroller has reviewed Chapter 9 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 rules. This concludes the review of Texas Administrative Code, Title 34, Part 1, Chapter 9.

TRD-200702945

Martin Cherry

General Counsel

Comptroller of Public Accounts

Filed: July 12, 2007


The Comptroller of Public Accounts readopts all sections under Texas Administrative Code, Title 34, Part 1, Chapter 15 (Electronic Transfer of Certain Payments to State Agencies).

§15.1. Applicability.

§15.2. Penalties.

§15.3. Definitions.

§15.4. Protested Tax Payments.

§15.5. State Agency Rules Requirements.

§15.6. Applicability Determination and Notification Procedures.

§15.7. Voluntary Payments by Electronic Funds Transfer.

§15.8. Payor Information.

§15.9. Means of Electronic Funds Transfer.

§15.10. Transmission of Payment Information.

§15.11. Determination of Settlement Day.

§15.12. Transfer of Funds to the Treasury.

§15.13. Backup Procedures.

§15.14. Late Payments.

§15.15. Proof of Payment.

§15.16. Refunds.

§15.17. Effective Date.

§15.18. Notification.

The comptroller has reviewed Chapter 15 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 15.

TRD-200702946

Martin Cherry

General Counsel

Comptroller of Public Accounts

Filed: July 12, 2007


The Comptroller of Public Accounts readopts all sections under Texas Administrative Code, Title 34, Part 1, Chapter 16 (Electronic Transfer of Payments to the Texas State Treasury Department).

§16.1. Adoption by Reference.

§16.2. Applicability.

The comptroller has reviewed Chapter 16 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 16.

TRD-200702947

Martin Cherry

General Counsel

Comptroller of Public Accounts

Filed: July 12, 2007


The Comptroller of Public Accounts (comptroller) readopts all sections under Texas Administrative Code, Title 34, Part 1, Chapter 17 (Payment Of Fees, Taxes, And Other Charges To State Agencies By Credit, Charge, And Debit Cards).

§17.1. Intent, Purpose, and Definitions.

§17.2. Agency Contracts with Vendors or the Comptroller.

§17.3. Agency Non-Compliance.

The comptroller has reviewed Chapter 17 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 rules. This concludes the review of Texas Administrative Code, Title 34, Part 1, Chapter 17.

TRD-200702948

Martin Cherry

General Counsel

Comptroller of Public Accounts

Filed: July 12, 2007


The Comptroller of Public Accounts (comptroller) readopts all sections under Texas Administrative Code, Title 34, Part 1, Chapter 18 (Tobacco Settlement Permanent Trust Account).

§18.1. Purpose and Definitions.

§18.2. Trust Account Distributions.

§18.3. Annual Meeting of Investment Advisory Committee.

§18.4. Other Meetings of the Investment Advisory Committee.

§18.5. Annual Distributions.

§18.6. Administration and Management of the Trust Account.

§18.7. Compliance Audits.

§18.8. Annual Review.

The comptroller has reviewed Chapter 18 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 rules. This concludes the review of Texas Administrative Code, Title 34, Part 1, Chapter 18.

TRD-200702949

Martin Cherry

General Counsel

Comptroller of Public Accounts

Filed: July 12, 2007


The Comptroller of Public Accounts readopts all sections under Texas Administrative Code, Title 34, Part 1, Chapter 19 (State Energy Conservation Office).

Subchapter A (General Provisions):

§19.1. Purpose of the State Energy Conservation Office.

§19.2. State Energy Conservation Office Business Location and Mailing Address.

Subchapter B (State Facility Energy and Water Management):

§19.11. Purpose of Rules.

§19.12. Application.

§19.13. Definitions.

§19.14. Utility Management Planning.

§19.15. Implementation of Resource Efficiency Plan Recommendations.

§19.16. Long Range Utility Services Plan.

§19.17. Utility Bill Review.

§19.18. Semiannual Reporting.

§19.19. Extension of Time.

Subchapter C (Energy and Water Conservation Design Standards):

§19.31. Requirement to Use Design Standards.

§19.32. Energy and Water Conservation Design Standards.

§19.33. Major Renovation Projects.

§19.34. Submission of Certification and Compliance Documentation.

Subchapter D (Loan Program For Energy Retrofits):

§19.41. Description of Program.

§19.42. Definitions.

§19.43. Eligibility.

§19.44. Application and Selection.

§19.45. Project Funding and Repayment.

The comptroller has reviewed Chapter 19 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 19.

TRD-200702950

Martin Cherry

General Counsel

Comptroller of Public Accounts

Filed: July 12, 2007


Railroad Commission of Texas

Title 16, Part 1

The Railroad Commission of Texas files this notice of completion of review and re-adoption of 16 TAC Chapter 1, relating to Practice and Procedure. This review and re-adoption has been conducted in accordance with Texas Government Code, §2001.039.

The agency's reasons for adopting these rules continue to exist. The Commission received no comments on the proposed review, which was published in the May 25, 2007, issue of the Texas Register (32 TexReg 2884).

Issued in Austin, Texas, on July 17, 2007.

TRD-200703026

Mary Ross McDonald

Managing Director

Railroad Commission of Texas

Filed: July 17, 2007


The Railroad Commission of Texas files this notice of completion of review and re-adoption of 16 TAC Chapter 8, relating to Pipeline Safety Regulations. This review and re-adoption has been conducted in accordance with Texas Government Code, §2001.039.

The agency's reasons for adopting these rules continue to exist. The Commission received no comments on the proposed review, which was published in the May 25, 2007, issue of the Texas Register (32 TexReg 2884).

Issued in Austin, Texas, on July 17, 2007.

TRD-200703027

Mary Ross McDonald

Managing Director

Railroad Commission of Texas

Filed: July 17, 2007


The Railroad Commission of Texas files this notice of completion of review and re-adoption of 16 TAC Chapter 20, relating to Administration. This review and re-adoption has been conducted in accordance with Texas Government Code, §2001.039.

The agency's reasons for adopting these rules continue to exist. The Commission received no comments on the proposed review, which was published in the May 25, 2007, issue of the Texas Register (32 TexReg 2884).

Issued in Austin, Texas, on July 17, 2007.

TRD-200703028

Mary Ross McDonald

Managing Director

Railroad Commission of Texas

Filed: July 17, 2007