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 110 concerning Required Notices of Coverage. 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:
§110.1. Requirements for Notifying the Commission of Insurance Coverage.
§110.101. Covered and Non-Covered Employer Notices to Employees.
§110.108. Employer Notice Regarding Work-Related Exposure to Communicable Disease/HIV: Posting Requirements; Payment for Tests.
§110.110. Reporting Requirements for Building or Construction Projects for Governmental Entities.
Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on July 30, 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-200702522
Norma Garcia
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: June 19, 2007
The Texas Department of Insurance, Division of Workers' Compensation (Division) files this notice of intention to review the rules contained in Chapter 124 concerning Carriers: Required Notices and Mode of Payment. 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:
§124.1. Notice of Injury.
§124.2. Carrier Reporting and Notification Requirements.
§124.3. Investigation of an Injury and Notice of Denial/Dispute.
§124.5. Mode of Payment Made by Carriers.
§124.7. Initial Payment of Temporary Income Benefits.
Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on July 30, 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-200702523
Norma Garcia
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: June 19, 2007
The Texas Department of Insurance, Division of Workers' Compensation (Division) files this notice of intention to review the rules contained in Chapter 164 concerning Hazardous Employer Program. 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 no longer exists and, therefore, the repeal of this rule is recommended.
§164.1. Criteria for Identifying Hazardous Employers.
§164.2. Notice to Hazardous Employers.
§164.3. Safety Consultation for Public Employers.
§164.5. Follow-up Inspection for Public Employers by the Division.
§164.6. Report of follow-up Inspection, Public Employers.
§164.7. Removal of Public Employers for Hazardous Employer Status.
§164.8. Continuation of Hazardous Employer Status, Public Employers.
§164.9. Approval of Professional Sources for Safety Consultations.
§164.10. Removal from the List of Approved Professional Sources.
§164.11. Request for Safety Consultation from the Division.
§164.12. Reimbursement of Division for Services Provided to Hazardous Employer.
§164.14. Values Assigned for Computation of Hazardous Employer Identification.
§164.15. Administrative Reviews and Hearings Regarding Identification as a Hazardous Employer.
§164.16. Removal of Private Employers from Hazardous Status.
§164.17. Availability of OSHCON Services.
§164.18. Severability.
Comments regarding whether the reason for not adopting these rules continue to exist must be received by 5:00 p.m. on July 30, 2007 and submitted to Victoria Ortega, Legal Services, The Texas Department of Insurance, Division of Workers' Compensation, 7551 Metro Center Drive, Suite 100, MS-4D, Austin, Texas 78744-1609.
TRD-200702524
Norma Garcia
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: June 19, 2007
Title 22, Part 9
The Texas Medical Board proposes to review Chapter 176, §§176.1 - 176.9, concerning Health Care Liability Lawsuits and Settlements, pursuant to the Texas Government Code, §2001.039.
Elsewhere in this issue of the Texas Register , the Texas Medical Board contemporaneously proposes amendments to §§176.1, 176.2, 176.4, 176.6, 176.8 and 176.9.
The agency's reason for adopting the rules contained in this chapter continues to exist.
Comments on the proposed review may be submitted to Sally Durocher, P.O. Box 2018, Austin, Texas 78768-2018.
TRD-200702425
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Filed: June 15, 2007
The Texas Medical Board proposes to review Chapter 181, §§181.1 - 181.7, concerning Contact Lens Prescriptions, pursuant to the Texas Government Code, §2001.039.
Elsewhere in this issue of the Texas Register , the Texas Medical Board contemporaneously proposes amendments to §§181.2, 181.3 and 181.6.
The agency's reason for adopting the rules contained in this chapter continues to exist.
Comments on the proposed review may be submitted to Sally Durocher, P.O. Box 2018, Austin, Texas 78768-2018.
TRD-200702426
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Filed: June 15, 2007
The Texas Medical Board proposes to review Chapter 191, §§191.1 - 191.5, concerning District Review Committees, pursuant to the Texas Government Code, §2001.039.
Elsewhere in this issue of the Texas Register , the Texas Medical Board contemporaneously proposes amendments to §191.4.
The agency's reason for adopting the rules contained in this chapter continues to exist.
Comments on the proposed review may be submitted to Sally Durocher, P.O. Box 2018, Austin, Texas 78768-2018.
TRD-200702427
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Filed: June 15, 2007
The Texas Medical Board proposes to review Chapter 194, §§194.1 - 194.9 and 194.11, concerning Non-Certified Radiologic Technicians, pursuant to the Texas Government Code, §2001.039.
Elsewhere in this issue of the Texas Register , the Texas Medical Board contemporaneously proposes amendments to §§194.2 - 194.6.
The agency's reason for adopting the rules contained in this chapter continues to exist.
Comments on the proposed review may be submitted to Sally Durocher, P.O. Box 2018, Austin, Texas 78768-2018.
TRD-200702428
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Filed: June 15, 2007
The Texas Medical Board proposes to review Chapter 197, §§197.1 - 197.6, concerning Emergency Medical Service, pursuant to the Texas Government Code, §2001.039.
Elsewhere in this issue of the Texas Register , the Texas Medical Board contemporaneously proposes amendments to §§197.1 - 197.4.
The agency's reason for adopting the rules contained in this chapter continues to exist.
Comments on the proposed review may be submitted to Sally Durocher, P.O. Box 2018, Austin, Texas 78768-2018.
TRD-200702429
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Filed: June 15, 2007
The Texas Medical Board proposes to review Chapter 200, §§200.1 - 200.3, concerning Standards for Physicians Practicing Complementary and Alternative Medicine, pursuant to the Texas Government Code, §2001.039.
The agency's reason for adopting the rules contained in this chapter continues to exist.
Comments on the proposed review may be submitted to Sally Durocher, P.O. Box 2018, Austin, Texas 78768-2018.
TRD-200702430
Donald W. Patrick, MD, JD
Executive Director
Texas Medical Board
Filed: June 15, 2007
Title 7, Part 2
The Finance Commission of Texas (commission) has completed the review of Texas Administrative Code, Title 7, Part 2, Chapter 12, concerning Loans and Investments. The review addressed the rules in all four subchapters, specifically Subchapter A (Lending Limits) comprised of §§12.1 - 12.10; Subchapter B (Loans) comprised of §§12.31 - 12.33; Subchapter C (Investment Limits) comprised of §12.61 and §12.62; and Subchapter D (Investments) comprised of §12.91.
Notice of the review of Chapter 12 was published in the February 16, 2007, issue of the Texas Register (32 TexReg 633). No comments were received in response to the notice.
The commission finds that the reasons for initially adopting §§12.1 - 12.10, 12.31 - 12.33, 12.61 - 12.62, and 12.91 continue to exist. However, the commission has determined that certain revisions are appropriate and necessary. Proposed amendments to Chapter 12, with discussion of the justification for the proposed changes, are published in the Proposed Rules section of this issue of the Texas Register.
Subject to the proposed amended sections in Chapter 12, the commission finds that the reasons for initially adopting these rules continue to exist and readopts these sections without changes in accordance with the requirements of Government Code, §2001.039.
TRD-200702462
Sarah J. Shirley
General Counsel
Texas Department of Banking
Filed: June 15, 2007
The Finance Commission of Texas (commission), on behalf of the Texas Department of Banking (department), has completed the review of Texas Administrative Code, Title 7, Part 2, Chapter 25 (Prepaid Funeral Contracts), specifically Subchapter A (Contract Forms) comprised of §§25.1 - 25.8; Subchapter B (Regulation of Licenses) comprised of §§25.10 - 25.12, 25.17 - 25.25, 25.31 and 25.41; and Subchapter C (Investment of Trust Funds) comprised of §§25.51 - 25.59.
Notice of the review was published in the February 16, 2007, issue of the Texas Register (32 TexReg 633). No comments were received in response to the notice.
The commission finds that the reasons for initially adopting the reviewed rules continue to exist and that the rules should be readopted without changes at this time. However, the department has determined that certain revisions may be appropriate and necessary with respect to prepaid funeral benefit contract forms, recordkeeping, the permit renewal process, examination costs and assessments, and trust conversions. Additionally, revisions to Subchapter C, concerning the investment of prepaid trust funds, may be necessary as a result of recently enacted amendments to Finance Code, Chapter 154. House Bill 2393, passed by the 80th Texas Legislature, replaces the specific listing of permissible investments in §154.258 of the Finance Code with a general prudent investor standard, and authorizes the commission to adopt rules providing investment guidelines. Unless vetoed by the Governor, House Bill 2393 will take effect on September 1, 2007. The department is in the process of developing amendments for proposal by the commission as soon as feasible.
The commission finds that the reasons for initially adopting these rules continue to exist and readopts the rules without changes in accordance with the requirements of Government Code, §2001.039.
TRD-200702463
Sarah J. Shirley
General Counsel
Texas Department of Banking
Filed: June 15, 2007
Title 13, Part 1
The Texas State Library and Archives Commission has completed the review of rules in Title 13, Chapter 2, concerning the general policies and procedures of the agency, in accordance with Government Code §2001.039. The proposed review was published in the April 27, 2007, issue of the Texas Register (32 TexReg 2377). The commission received no comments on the review of Chapter 2.
The commission found the rules continue to be necessary and appropriate for the commission to perform its functions and to fulfill its statutory obligations.
Title 13, Chapter 2 rules were adopted pursuant to the Government Code §441.006(a)(1) and (2) that provides the Texas State Library and Archives Commission shall govern the Texas State Library and adopt rules to aid and encourage the development of and cooperation among all types of libraries; Government Code §§441.0092(b)(3), 441.0092(b)(1), and 441.136 that require the commission to adopt rules concerning various grants to libraries; Government Code §656.048 that requires state agencies to adopt rules concerning the training and education of agency employees; Government Code §2161.003 that requires state agencies to adopt rules concerning historically underutilized businesses; Government Code §2171.1045 that requires agencies to adopt rules concerning vehicle fleet management; and Government Code §2255.001 that requires state agencies to adopt rules concerning the relationship between an agency and any friends groups or similar organizations established to support the agency.
The adopted sections affect the Government Code §§441.006(a)(1) - (2), 441.0092(b)(3), 441.0092(b)(1), 441.136, 656.048, 2161.003, 2171.1045, and 2255.001.
TRD-200702475
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Filed: June 15, 2007
The Texas State Library and Archives Commission has completed the review of rules in Title 13, Chapter 7, concerning the operation of regional historical resource depositories and the retention, microfilming, and electronic storage and filing of local government records, in accordance with Government Code §2001.039. The proposed review was published in the April 27, 2007, issue of the Texas Register (32 TexReg 2377). The commission received no comments on the review of Chapter 7.
The commission found the rules continue to be necessary and appropriate for the commission to fulfill its statutory obligations in the management of local government records, for local governments to meet the requirements of the Government Code Chapters 201-205 in the management of their records, and for county clerks in order to accept and record real property records electronically.
Title 13, Chapter 7 rules were adopted pursuant to the Government Code, §441.006(a)(9) that requires the Texas State Library and Archives Commission to adopt policies to aid and encourage effective records management and preservation programs in local governments of the state; the Government Code, §441.153(b) that requires the commission to adopt rules for Regional Historical Resource Depositories; the Government Code, §441.158(a) that requires the commission to adopt local government records retention schedules by rule, the Local Government Code, §195.002 that requires the commission to adopt rules by which a county clerk may accept and record real property records electronically, the Local Government Code, §204.004 that requires the commission to adopt rules establishing standards and procedures for microfilming local government records, and the Local Government Code, §205.003 that requires the commission to adopt rules establishing standards and procedures for electronic storage of local government record data.
The adopted sections affect the Government Code, §§441.006(a)(9), 441.153(b) and 441.158(a) and the Local Government Code, §§195.002, 204.004, and 205.003.
TRD-200702531
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Filed: June 19, 2007