Employees Retirement System of Texas
Title 34, Part 4
The Employees Retirement System of Texas (ERS) files this Notice of Intent to Review 34 Texas Administrative Code (TAC), Chapter 79, Social Security, pursuant to Texas Government Code §2001.039. As required by this statute, the review will assess whether the reasons for initially adopting 34 TAC Chapter 79 continue to exist and whether any amendments should be made to the chapter as a result of this review. The public comment period will last 30 days beginning with the publication of this Notice of Intent to Review.
Comments or questions regarding this rule review may be submitted to Paula A. Jones, General Counsel, Employees Retirement System of Texas, P.O. Box 13207, Austin, Texas, 78711-3207, or emailed to paula.jones@ers.state.tx.us.
TRD-200802985
Paula A. Jones
General Counsel
Employees Retirement System of Texas
Filed: June 9, 2008
Title 22, Part 15
The Texas State Board of Pharmacy files this notice of intent to review 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.
Comments regarding whether the reason for adopting the chapter continues to exist may be submitted to Allison Benz, R.Ph., M.S., Director of Professional Services, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-600, Austin, Texas 78701, FAX (512) 305-8082. Comments must be received by 5:00 p.m., July 21, 2008.
TRD-200802975
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Filed: June 9, 2008
The Texas State Board of Pharmacy files this notice of intent to review 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.
Comments regarding whether the reason for adopting the chapter continues to exist may be submitted to Allison Benz, R.Ph., M.S., Director of Professional Services, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-600, Austin, Texas 78701, FAX (512) 305-8082. Comments must be received by 5:00 p.m., July 21, 2008.
TRD-200802974
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Filed: June 9, 2008
Texas Department of Agriculture
Title 4, Part 1
The Texas Department of Agriculture (the department) adopts the review of Title 4, Texas Administrative Code, Part 1, Chapter 1, concerning General Procedures, Subchapter A, concerning General Rules of Practice; Subchapter B, concerning Collection of Debts; Subchapter C, concerning Minority Purchasing; Subchapter D, concerning Miscellaneous Provisions; Subchapter E, concerning Advisory Committees; Subchapter G, concerning Interagency Agreements; Subchapter H, concerning Requests for Public Information; Subchapter J, concerning Agricultural Lien Disputes; Subchapter K, concerning Employee Training Rules; Subchapter L, concerning Urban Schools Grants Program; Subchapter M, concerning Surplus Agricultural Products Grant Program; Subchapter N, concerning Food and Fibers Research Grant Program; and Subchapter O, concerning Home-Delivered Meal Grant Program, pursuant to the Texas Government Code, §2001.039, and readopts all sections in Chapter 1, Subchapters A - E and G, H, and J - O, with amendments proposed to Chapter 1 in the department's notice of intent to review. The notice of intent to review was published in the April 25, 2008, issue of the Texas Register (33 TexReg 3449).
Section 2001.039 requires state agencies to review and consider for readoption each of their rules every four years. The review must include an assessment of whether the original justification for the rules continues to exist. As part of the review process, the department proposed amendments to Chapter 1, Subchapter A, §1.24 and §1.30; Subchapter B, §1.53; Subchapter C, §1.71 and §§1.73 - 1.78; Subchapter H, §1.400, §1.402 and §1.404; Subchapter K, §1.700; Subchapter N, §1.923; new Subchapter K, §1.701, and the repeal of Subchapter D, §1.85; Subchapter E, §1.205; Subchapter G, §1.300; Subchapter H, §1.401 and §1.403; and Subchapter K, §1.701. The proposed amendments and repeals were also published in the April 25, 2008, issue of the Texas Register (33 TexReg 3363).
The assessment of Title 4, Part 1, Chapter 1, Subchapters A - O, by the department at this time indicates that, with the addition of the adopted amendments to Subchapters A, B, C, H, K, and N, and proposed repeals in Subchapters D, E, G and H, the reason for readopting without changes all sections in these subchapters continues to exist.
TRD-200802993
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Filed: June 9, 2008
Title 19, Part 2
The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 100, Charters, Subchapter AA, Commissioner's Rules Concerning Open-Enrollment Charter Schools, pursuant to the Texas Government Code, §2001.039. The TEA proposed the review of 19 TAC Chapter 100, Subchapter AA, in the April 11, 2008, issue of the Texas Register (33 TexReg 2983).
The TEA finds that the reasons for adopting 19 TAC Chapter 100, Subchapter AA, continue to exist and readopts the rules. The TEA plans to propose changes as a result of the review to update statutory references.
The TEA received no comments related to the rule review of 19 TAC Chapter 100, Subchapter AA.
This concludes the review of 19 TAC Chapter 100.
TRD-200802919
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: June 6, 2008
The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 129, Student Attendance, Subchapter AA, Commissioner's Rules, pursuant to the Texas Government Code, §2001.039. The TEA proposed the review of 19 TAC Chapter 129, Subchapter AA, in the April 11, 2008, issue of the Texas Register (33 TexReg 2984).
The TEA finds that the reasons for adopting 19 TAC Chapter 129, Subchapter AA, continue to exist and readopts the rules. The TEA plans to propose rule changes as a result of the review to reflect updates to the optional method of calculating average daily attendance in districts with significant migrant populations; update a statutory reference for student attendance accounting standards; and amend the application process and remove outdated information regarding the optional flexible school day program.
The TEA received no comments related to the rule review of 19 TAC Chapter 129, Subchapter AA.
This concludes the review of 19 TAC Chapter 129.
TRD-200802920
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: June 6, 2008
Title 40, Part 22
The Texas Workforce Investment Council (Council) adopts the review to Title 40, Texas Administrative Code (TAC), Part 22, Chapter 901, Designation and Redesignation of Local Workforce Development Areas, in accordance with Texas Government Code, §2001.039.
The notice of intention to review 40 TAC §901.1 and §901.2 was published in the March 28, 2008 issue of the Texas Register (33 TexReg 2703). The public comment period closed on April 28, 2008. Following is a summary of the one public comment regarding the rule review to 40 TAC Chapter 901, Designation and Redesignation of Local Workforce Development Areas.
Comment. One commenter inquired about what options that the Council might consider if it determined that the rules are no longer needed. The commenter expressed concern that absent a state process for how local workforce areas are redesignated, such requests could be submitted by numerous entities.
Agency response. The Council concurred with the commenter that the current rules are important because they provide a clear and accessible process whereby requests are considered by the Council in accordance with the requirements of state and federal law.
The Council determined that the original reason for adopting these rules continues to exist. No changes are being proposed to the rules (40 TAC §901.1 and §901.2) as a result of this review.
This rule review is adopted under the authority of Texas Government Code, §2308.101(3) which requires the Council to recommend to the Governor the designation and redesignation of local workforce development areas and §2308.103(a)(1) which authorizes the Council to adopt rules.
This concludes the review of 40 TAC Chapter 901. No other code, statute, or article is affected by this rule review.
TRD-200803017
Cheryl Fuller
Director
Texas Workforce Investment Council
Filed: June 10, 2008