Review of Agency Rules

Proposed Rule Review

Texas Racing Commission

Title 16, Part 8

The Texas Racing Commission files this notice of intent to review Chapter 309, Racetrack Licenses and Operations. This review is conducted pursuant to the Texas Government Code, §2001.039, which requires state agencies to review and consider for readoption their administrative rules every four years. The rules being reviewed by the Commission are organized under the following subchapters: Subchapter A, Racetrack Licenses; Subchapter B, Operation of Racetracks; Subchapter C, Horse Racetracks; and Subchapter D, Greyhound Racetracks.

The review shall assess whether the reasons for initially adopting the rules continue to exist and whether any changes to the rules should be made.

All comments or questions in response to this notice of rule review may be submitted in writing to Gloria Giberson, Assistant to the Executive Director for the Texas Racing Commission, at P.O. Box 12080, Austin, Texas 78711-2080, telephone (512) 833-6699, or fax (512) 833-6907. The Commission will accept public comments regarding the chapter and the rules within it for 30 days following publication of this notice in the Texas Register.

Any proposed changes to the rules within Chapter 309 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 comment period prior to final adoption or repeal by the Commission.

TRD-200706594

Mark Fenner

General Counsel

Texas Racing Commission

Filed: December 21, 2007


Adopted Rule Reviews

Office of the Attorney General

Title 1, Part 3

The Office of the Attorney General ("OAG") has completed its Rule Review of Texas Administrative Code, Title 1, Part 3, Chapter 53, concerning Municipal Securities, pursuant to Texas Government Code, §2001.039. The OAG published its Notice of Intent to Review this chapter in the September 21, 2007, issue of the Texas Register (32 TexReg 6563).

The review assessed whether the reasons for adopting the chapter continue to exist. No comments were received regarding this review.

As a result of the review, the OAG finds that the reasons for adopting the rules in Chapter 53 continue to exist and readopts the sections without changes in accordance with the requirements of Texas Government Code, §2001.039. Rules considered during this review may be subsequently revised in accordance with the Texas Administrative Procedure Act.

TRD-200706494

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: December 19, 2007


The Office of the Attorney General ("OAG") has completed its Rule Review of Texas Administrative Code, Title 1, Part 3, Chapter 55, concerning Child Support Enforcement, pursuant to Texas Government Code, §2001.039. The OAG published its Notice of Intent to Review this chapter in the September 21, 2007, issue of the Texas Register (32 TexReg 6563).

The review assessed whether the reasons for adopting the chapter continue to exist. No comments were received regarding this review.

As a result of the review, the OAG finds that the reasons for adopting the rules in Chapter 55 continue to exist and readopts the sections without changes in accordance with the requirements of Texas Government Code, §2001.039. Rules considered during this review may be subsequently revised in accordance with the Texas Administrative Procedure Act.

TRD-200706495

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: December 19, 2007


The Office of the Attorney General ("OAG") has completed its Rule Review pursuant to Texas Government Code, §2001.039 of Texas Administrative Code, Title 1, Part 3, Chapter 57, concerning Rental-Purchase Act Compliance. The OAG published its Notice of Intent to Review this chapter in the September 21, 2007, issue of the Texas Register (32 TexReg 6564).

The review assessed whether the reasons for adopting the chapter continue to exist. No comments were received regarding this review.

As a result of this review, the OAG has determined that the reasons for adopting Chapter 57 no longer exist. In a separate rulemaking action, the OAG proposes the repeal of Chapter 57, §57.1, relating to the availability of a rental-purchase form agreement from the OAG's Consumer Protection Division. The proposed repeal of the rule may be found in the Proposed Rules section in this issue of the Texas Register.

This concludes the OAG's review of Title 1, Part 3, Chapter 57.

TRD-200706496

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: December 19, 2007


The Office of the Attorney General ("OAG") has completed its Rule Review pursuant to Texas Government Code, §2001.039 of Texas Administrative Code, Title 1, Part 3, Chapter 58, concerning Physician Joint Negotiation. The OAG published its Notice of Intent to Review this chapter in the September 21, 2007, issue of the Texas Register (32 TexReg 6564).

The review assessed whether the reasons for adopting the chapter continue to exist. No comments were received regarding this review.

As a result of this review, the OAG has determined that the reasons for adopting Chapter 58 no longer exist. In a separate rulemaking action, the OAG proposes the repeal of Chapter 58. The proposed repeal may be found in the Proposed Rules section in this issue of the Texas Register.

This concludes the OAG's review of Title 1, Part 3, Chapter 58.

TRD-200706497

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: December 19, 2007


The Office of the Attorney General ("OAG") has completed its Rule Review of Texas Administrative Code, Title 1, Part 3, Chapter 59, concerning Collections, pursuant to Texas Government Code, §2001.039. The OAG published its Notice of Intent to Review this chapter in the September 21, 2007, issue of the Texas Register (32 TexReg 6564).

The review assessed whether the reasons for adopting the chapter continue to exist. No comments were received regarding this review.

As a result of the review, the OAG finds that the reasons for adopting the rules in Chapter 59 continue to exist and readopts these sections without changes in accordance with the requirements of Texas Government Code, §2001.039. Rules considered during this review may be subsequently revised in accordance with the Texas Administrative Procedure Act.

TRD-200706498

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: December 19, 2007


The Office of the Attorney General ("OAG") has completed its Rule Review of Texas Administrative Code, Title 1, Part 3, Chapter 60, concerning Texas Crime Victim Services Grant Programs, pursuant to Texas Government Code, §2001.039. The OAG published its Notice of Intent to Review this chapter in the September 21, 2007, issue of the Texas Register (32 TexReg 6564).

The review assessed whether the reasons for adopting the chapter continue to exist. No comments were received regarding this review.

As a result of the review, the OAG finds that the reasons for adopting the rules in Chapter 60 continue to exist and readopts these sections without changes in accordance with the requirements of Texas Government Code, §2001.039. Rules considered during this review may be subsequently revised in accordance with the Texas Administrative Procedure Act.

TRD-200706499

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: December 19, 2007


The Office of the Attorney General ("OAG") has completed its Rule Review of Texas Administrative Code, Title 1, Part 3, Chapter 61, concerning Crime Victims' Compensation, pursuant to Texas Government Code, §2001.039. The OAG published its Notice of Intent to Review this chapter in the September 21, 2007, issue of the Texas Register (32 TexReg 6565).

The review assessed whether the reasons for adopting the chapter continue to exist. No comments were received regarding this review.

During the course of this rule review, the OAG adopted certain amendments to Chapter 61, §§61.402, 61.405 - 61.407 and new §61.414 and §61.415 in a separate rulemaking. Notice of this adoption was published in the November 9, 2007, issue of the Texas Register (32 TexReg 8117).

As a result of the rule review, the OAG finds that the reasons for adopting the rules in Chapter 61 continue to exist and readopts these sections without changes in accordance with the requirements of Government Code, §2001.039.

TRD-200706500

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: December 19, 2007


The Office of the Attorney General ("OAG") has completed its Rule Review of Texas Administrative Code, Title 1, Part 3, Chapter 62, concerning Sexual Assault Prevention and Crisis Services, pursuant to Texas Government Code, §2001.039. The OAG published its Notice of Intent to Review this chapter in the September 21, 2007, issue of the Texas Register (32 TexReg 6565).

The review assessed whether the reasons for adopting the chapter continue to exist. No comments were received regarding this review.

As a result of the review, the OAG finds that the reasons for adopting the rules in Chapter 62 continue to exist and readopts these sections without changes in accordance with the requirements of Texas Government Code, §2001.039. Rules considered during this review may be subsequently revised in accordance with the Texas Administrative Procedure Act.

TRD-200706501

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: December 19, 2007


The Office of the Attorney General ("OAG") has completed its Rule Review of Texas Administrative Code, Title 1, Part 3, Chapter 64, concerning Standards of Operation for Local Court-Appointed Volunteer Advocate Programs, pursuant to Texas Government Code, §2001.039. The OAG published its Notice of Intent to Review this chapter in the September 21, 2007, issue of the Texas Register (32 TexReg 6565).

The review assessed whether the reasons for adopting the chapter continue to exist. No comments were received regarding this review.

As a result of the review, the OAG finds that the reasons for adopting the rules in Chapter 64 continue to exist and readopts these sections without changes in accordance with the requirements of Texas Government Code, §2001.039. Rules considered during this review may be subsequently revised in accordance with the Texas Administrative Procedure Act.

TRD-200706502

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: December 19, 2007


The Office of the Attorney General ("OAG") has completed its Rule Review of Texas Administrative Code, Title 1, Part 3, Chapter 66, concerning Family Trust Fund Disbursement Procedures, pursuant to Texas Government Code, §2001.039. The OAG published its Notice of Intent to Review this chapter rules in the September 21, 2007, issue of the Texas Register (32 TexReg 6566).

The review assessed whether the reasons for adopting the chapter continue to exist. No comments were received regarding this review.

As a result of the review, the OAG finds that the reasons for adopting the rules in Chapter 66 continue to exist and readopts these sections without changes in accordance with the requirements of Texas Government Code, §2001.039. Rules considered during this review may be subsequently revised in accordance with the Texas Administrative Procedure Act.

TRD-200706503

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: December 19, 2007


The Office of the Attorney General ("OAG") has completed its Rule Review of Texas Administrative Code, Title 1, Part 3, Chapter 68, concerning Negotiation and Mediation of Certain Contract Disputes, pursuant to Texas Government Code, §2001.039. The OAG published its Notice of Intent to Review this chapter in the September 21, 2007, issue of the Texas Register (32 TexReg 6566).

The review assessed whether the reasons for adopting the chapter continue to exist. No comments were received regarding this review.

As a result of the review, the OAG finds that the reasons for adopting the rules in Chapter 68 continue to exist and readopts these sections without changes in accordance with the requirements of Texas Government Code §2001.039. Rules considered during this review may be subsequently revised in accordance with the Texas Administrative Procedure Act.

TRD-200706504

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: December 19, 2007


The Office of the Attorney General ("OAG") has completed its Rule Review of Texas Administrative Code, Title 1, Part 3, Chapter 69, Subchapter A, §§69.1 - 69.7, concerning Procedures for Vendor Protests of Procurements. The OAG published its Notice of Intent to Review these rules in the September 21, 2007, issue of the Texas Register (32 TexReg 6566).

The review assessed whether the reasons for adopting the rules continue to exist. No comments were received regarding this review.

As a result of the review, the OAG finds that the reasons for adopting the rules in Chapter 69, Subchapter A continue to exist and readopts the sections without changes in accordance with the requirements of Texas Government Code, §2001.039. Rules considered during this review may be subsequently revised in accordance with the Texas Administrative Procedure Act.

TRD-200706505

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: December 19, 2007


The Office of the Attorney General ("OAG") has completed its Rule Review of Texas Administrative Code, Title 1, Part 3, Chapter 69, Subchapter B, §69.25, concerning Historically Underutilized Business Program, pursuant to Texas Government Code §2001.039. The OAG published its Notice of Intent to Review this rule in the September 21, 2007, issue of the Texas Register (32 TexReg 6566).

The review assessed whether the reasons for adopting the rule continue to exist. No comments were received regarding this review.

As a result of the review, the OAG finds that the reasons for adopting the rule in Chapter 69, Subchapter B continue to exist and readopts the section without changes in accordance with the requirements of Texas Government Code, §2001.039. Rules considered during this review may be subsequently revised in accordance with the Texas Administrative Procedure Act.

TRD-200706506

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: December 19, 2007


The Office of the Attorney General ("OAG") has completed its Rule Review of Texas Administrative Code, Title 1, Part 3, Chapter 69, Subchapter C, §§69.35, 69.36, and 69.45, concerning Management of Vehicles, pursuant to Texas Government Code, §2001.039. The OAG published its Notice of Intent to Review these rules in the September 21, 2007, issue of the Texas Register (32 TexReg 6566).

The review assessed whether the reasons for adopting the rules continue to exist. No comments were received regarding this review.

As a result of the review, the OAG finds that the reasons for adopting the rules in Chapter 69, Subchapter C continue to exist and readopts the sections without changes in accordance with the requirements of Texas Government Code, §2001.039. Rules considered during this review may be subsequently revised in accordance with the Texas Administrative Procedure Act.

TRD-200706507

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: December 19, 2007


Texas Education Agency

Title 19, Part 2

The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 176, Driver Training Schools, Subchapter AA, Commissioner's Rules on Minimum Standards for Operation of Licensed Texas Driver Education Schools; Subchapter BB, Commissioner's Rules on Minimum Standards for Operation of Licensed Texas Driving Safety Schools and Course Providers; Subchapter CC, Commissioner's Rules on Minimum Standards for Operation of Texas Drug and Alcohol Driving Awareness Programs; and Subchapter DD, Commissioner's Rules on Hearings Held Under the Texas Education Code, Chapter 1001, pursuant to the Texas Government Code, §2001.039. The TEA proposed the review of 19 TAC Chapter 176, Subchapters AA - DD, in the October 5, 2007, issue of the Texas Register (32 TexReg 7085).

Relating to the review of 19 TAC Chapter 176, Subchapter AA, the TEA finds that the reasons for adopting Subchapter AA continue to exist and readopts the rules. At a later date, the TEA will propose changes to Subchapter AA to make minor amendments to administrative requirements and reflect current industry practices.

Relating to the review of 19 TAC Chapter 176, Subchapter BB, the TEA finds that the reasons for adopting Subchapter BB continue to exist and readopts the rules. At a later date, the TEA will propose changes to Subchapter BB relating to the administration of driving safety schools and course providers. In addition, statutory references within the rule text will be updated.

Relating to the review of 19 TAC Chapter 176, Subchapter CC, the TEA finds that the reasons for adopting Subchapter CC continue to exist and readopts the rules. At a later date, the TEA will propose changes to Subchapter CC to bring rules into alignment with Texas Education Code, §1001.103, which specifies that a drug and alcohol driving awareness program must be offered in the same manner as a driving safety course. In addition, statutory citations will be amended and statutory references within the rule text will be updated.

Relating to the review of 19 TAC Chapter 176, Subchapter DD, the TEA finds that the reasons for adopting Subchapter DD continue to exist and readopts the rules. The TEA is proposing no changes to Subchapter DD at this time.

The TEA received no comments related to the rule review of 19 TAC Chapter 176, Subchapters AA - DD.

This concludes the review of 19 TAC Chapter 176.

TRD-200706564

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: December 21, 2007