Review of Agency Rules

Agency Rule Review Plan

Texas Board of Architectural Examiners

Title 22, Part 1

TRD-200804462

Filed: August 19, 2008


Proposed Rule Reviews

Texas Board of Architectural Examiners

Title 22, Part 1

The Texas Board of Architectural Examiners will review and consider for readoption, revision, or repeal Title 22 Texas Administrative Code, Part 1, Chapter 1, Architects; Chapter 3, Landscape Architects; Chapter 5, Interior Designers; and Chapter 7, Administration. This review is conducted pursuant to §2001.039 of the Government Code.

In conducting its review the Board will determine whether the reasons for the rule continue to exist. The rule review will also determine whether the rule is obsolete, reflects current legal and policy considerations, and reflects current procedures of the Board.

Any comments pertaining to this notice of intention may be submitted within the next 30 days to Cathy L. Hendricks, AISD/IIDA/RID, Executive Director, Texas Board of Architectural Examiners, P.O. Box 12337, Austin TX 78711 or faxed to her attention at (512) 305-8900. Any proposed changes to the rules as a result of this review will be published in the Proposed Rule Section of the Texas Register and will be open for an additional comment period prior to final adoption or repeal by the Board.

TRD-200804463

Cathy L. Hendricks, ASID/IIDA/RID

Executive Director

Texas Board of Architectural Examiners

Filed: August 19, 2008


Texas Department of Criminal Justice

Title 37, Part 6

The Texas Board of Criminal Justice files this notice of intent to review §151.51, concerning Custodial Officer Certification and Hazardous Duty Pay Eligibility Guidelines. This review is conducted pursuant to 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 proposed rule review.

TRD-200804386

Melinda Hoyle Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: August 14, 2008


The Texas Board of Criminal Justice (TDCJ) files this notice of intent to review §155.21, concerning Naming of TDCJ Owned Facilities. This review is being 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 proposed rule review.

TRD-200804387

Melinda Hoyle Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: August 14, 2008


The Texas Board of Criminal Justice files this notice of intent to review §159.9, concerning Firearms Proficiency Training for Supervision Officers/Memorandum of Understanding. This review is conducted pursuant to 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 proposed rule review.

TRD-200804388

Melinda Hoyle Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: August 14, 2008


Texas Facilities Commission

Title 1, Part 5

In accordance with Texas Government Code, §2001.039, the Texas Facilities Commission (the Commission) proposes to review its administrative rules contained in Texas Administrative Code, Title 1, Part 5, Chapter 126, entitled Surplus and Salvage Property Programs.

Chapter 126 relates to the Commission's State and Federal Surplus and Salvage Property Program, including definitions; methods of disposal; notices of availability; priority transfer to a state agency; disposition of surplus or salvage data processing equipment; fees; delegation of authority to state agencies; firearms; compilation of a list of qualified buyers; disposition to the public by competitive bidding, auction or direct sale; reporting requirements; forfeiture; purchaser's title; handling of proceeds; purchase of chairs; and donation, cost recovery, and public auction with respect to Federal surplus and salvage property.

As required by Texas Government Code §2001.039, the Commission conducts this review to determine whether the statutory authority and the business reasons for Chapter 126 continue to exist.

Comments on the proposals may be submitted to Kay Molina, General Counsel, Texas Facilities Commission, P.O. Box 13047, Austin, Texas 78711-3047. Comments may also be sent via electronic mail to rulescomments@tfc.state.tx.us and should state "Proposed Rule Review Ch. 126" in the subject line of e-mailed comments. Comments must be received no later than thirty (30) days from the date of publication of the proposal in the Texas Register.

TRD-200804503

Kay Molina

General Counsel

Texas Facilities Commission

Filed: August 20, 2008


Texas Board of Pardons and Paroles

Title 37, Part 5

Under the 1997 General Appropriations Act, Article IX, §167, Review of Agency Rules, the Texas Board of Pardons and Paroles files this notice of intent to review and consider for readoption, revision, or repeal Texas Administrative Code, Title 37, Public Safety and Corrections, Part 5, Chapter 143, Executive Clemency, Subchapter F, Remission of Fines and Forfeitures, §143.73, Remission of Bond Forfeiture.

The Board undertakes its review pursuant to Government Code, §2001.039, Government Code. The Board will accept comments for 30 days following the publication of this notice in the Texas Register and will assess whether the reasons for readopting the section under review continues to exist. The proposed rule will be open for public comment prior to final adoption by the Board, in accordance with the requirements of the Administrative Procedure Act, Government Code, Chapter 2001.

Any questions or written comments pertaining to this notice of intention to review should for the next 30-day comment period be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, Texas 78701, or by e-mail to bettie.wells@tdcj.state.tx.us.

TRD-200804474

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Filed: August 19, 2008


Adopted Rule Reviews

Texas Department of Criminal Justice

Title 37, Part 6

The Texas Board of Criminal Justice (TBCJ or Board) has completed its review of §151.21, concerning the Weapons Policy, in accordance with the requirements of Texas Government Code §2001.039. The Board has determined the reasons for initially adopting §151.21 continue to exist, and it readopts the section.

Notice of the review was published in the June 6, 2008, issue of the Texas Register (33 TexReg 4531). No comments were received as a result of that notice.

As a result of the rule review, TDCJ published proposed amendments to §151.21 in the June 13, 2008, issue of the Texas Register (33 TexReg 4657). The Board adopted the amended rule and the adoption notice is published in this issue of the Texas Register.

TRD-200804380

Melinda Hoyle Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: August 14, 2008


The Texas Board of Criminal Justice (TBCJ or Board) has completed its review of §151.73, concerning Texas Board of Criminal Justice Vehicle Assignments, in accordance with the requirements of Texas Government Code §2001.039. The Board has determined the reasons for initially adopting §151.73 continue to exist, and it readopts the section.

Notice of the review was published in the June 6, 2008, issue of the Texas Register (33 TexReg 4531). No comments were received as a result of that notice.

As a result of the rule review, TDCJ published proposed amendments to §151.73 in the June 13, 2008, issue of the Texas Register (33 TexReg 4658). The Board adopted the amended rule and the adoption notice is published in this issue of the Texas Register.

TRD-200804381

Melinda Hoyle Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: August 14, 2008


The Texas Board of Criminal Justice (TBCJ or Board) has completed its review of §152.61, concerning Emergency Response to Municipal, County, State or Federal Law Enforcement Agencies and Non-Agent Private Prisons/Jails, in accordance with the requirements of Texas Government Code §2001.039. The Board has determined the reasons for initially adopting §152.61 continue to exist, and it readopts the section.

Notice of the review was published in the June 6, 2008, issue of the Texas Register (33 TexReg 4531). No comments were received as a result of that notice.

As a result of the rule review, TDCJ published proposed amendments to §152.61 in the June 13, 2008, issue of the Texas Register (33 TexReg 4659). The Board adopted the amended rule and the adoption notice is published in this issue of the Texas Register.

TRD-200804382

Melinda Hoyle Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: August 14, 2008


Employees Retirement System of Texas

Title 34, Part 4

Pursuant to the notice of the proposed rule review that was published in the June 20, 2008, issue of the Texas Register (33 TexReg 4909), the Employees Retirement System of Texas (ERS) reviewed 34 Texas Administrative Code (TAC), Chapter 79, Social Security, pursuant to Texas Government Code §2001.039, to determine whether the reasons for adopting the rules in Chapter 79 continue to exist. No comments were received concerning the proposed review.

As a result of the review, the ERS Board of Trustees (Board) has determined that the reasons for adopting the rules in 34 TAC Chapter 79 continue to exist, and therefore, the Board readopts Chapter 79. This completes ERS' review of 34 TAC Chapter 79, Social Security.

TRD-200804502

Paula A. Jones

General Counsel

Employees Retirement System of Texas

Filed: August 20, 2008


Texas State Board of Pharmacy

Title 22, Part 15

The Texas State Board of Pharmacy adopts the review of Chapter 291 (§§291.71 - 291.76), concerning Institutional Pharmacy (Class C), pursuant to the Texas Government Code §2001.039, regarding agency review of Existing Rules. The proposed review as published in the June 20, 2008, issue of the Texas Register (33 TexReg 4909).

No comments were received.

The agency finds the reason for adopting the rule continues to exist.

TRD-200804423

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: August 18, 2008


The Texas State Board of Pharmacy adopts the review of Chapter 303 (§§303.1 - 303.3), concerning Destruction of Dangerous Drugs and Controlled Substances, pursuant to the Texas Government Code §2001.039, regarding agency review of Existing Rules. The proposed review as published in the June 20, 2008, issue of the Texas Register (33 TexReg 4909).

No comments were received.

The agency finds the reason for adopting the rule continues to exist.

TRD-200804422

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: August 18, 2008