Texas Residential Construction Commission
Title 10, Part 7
The Texas Residential Construction Commission (commission) proposes its intention to review 10 TAC §§300.1 - 300.4 and §301.2. This review is proposed in accordance with Texas Government Code, §2001.039; and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999, which require state agencies to review and consider for re-adoption each of their rules every four years. A review must include an assessment of whether the reasons for the rules continue to exist. Section 300.1 and §300.2 were adopted to be effective May 13, 2004. Section 300.3 was adopted to be effective February 3, 2005. Section 300.4 was adopted to be effective June 28, 2005. Section 301.2 was adopted to be effective October 26, 2004.
The affected sections in Chapter 300 relate to agency administration and operations as guided by various sections of the Texas Government Code. Section 301.2 relates to the rulemaking process for state agencies required under Chapter 2001, Texas Government Code, known as the Administrative Procedures Act.
The commission has conducted a preliminary review of these rules and has determined that reasons for adopting these rules continue to exist. These rules are needed for compliance with provisions of the Texas Government Code governing agency operations and administrative procedures. The commission invites comments on whether the reasons for these rules continue to exist.
The commission's review of these rules has revealed that §301.2 can be repealed and re-adopted as §300.12 in Chapter 300, as a part of the agency's efforts to place all of its general administrative provisions in the same chapter of Title 10 of the Texas Administrative Code. The commission concurrently proposes to repeal §301.2 and propose it as new §300.12, as described in the Proposed Rules section of this issue of the Texas Register. This change is proposed as a result of the commission's rule review and for consistency with the commission's ongoing commitment to regulatory reform. The specific changes are noted in the proposed rule preamble of §301.2.
Interested persons may submit written comments (12 copies) on the proposed rule review and necessity of provisions in §§300.1 - 300.4 and §301.2 to Susan K. Durso, General Counsel, Texas Residential Construction Commission, P.O. Box 13509, Austin, Texas 78711. In the alternative, comments may be submitted electronically to comments@trcc.state.tx.us. For comments submitted electronically, please include "Chapter 300 rule review" with the rule number(s) in the subject line. Comments regarding the necessity of §§300.1 - 300.4 and §301.2 should be organized in numerical order and, when submitted concurrently with comments regarding the proposed rule amendments, should be clearly identified as relating to the rule review and necessity of the identified rule. The deadline for submission of comments is twenty (20) days from the date of publication of the proposed sections in the Texas Register. Comments received after that deadline submission date or comments submitted electronically without "Chapter 300 rule review" in the subject line may not be considered.
TRD-200803083
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Filed: June 16, 2008
Department of Assistive and Rehabilitative Services
Title 40, Part 2
In accordance with Texas Government Code §2001.039, the Department of Assistive and Rehabilitative Services (DARS) adopts the review of Chapter 104, Purchase of Goods and Services by the Department of Assistive and Rehabilitative Services.
Texas Government Code, Chapter 2001 (the Administrative Procedure Act), §2001.039, Agency Review of Existing Rules, requires that each state agency review and consider for readoption each rule adopted by that agency. 40 TAC Chapter 104 consists of Subchapter C, Purchase of Goods and Services, §§104.251, 104.253, 104.255, 104.257, 104.259, 104.261, and 104.263, and Subchapter J, Protest Procedures, §104.301. Texas Health and Human Services Commission has determined that the reasons for initially adopting these rules continue to exist.
The proposed review was published in the November 30, 2007, issue of the Texas Register (32 TexReg 8863).
No comments were received regarding adoption of the review.
The agency's reason for adopting the rules contained in this chapter continues to exist.
This concludes the review of Chapter 104, Purchase of Goods and Services by the Department of Assistive and Rehabilitative Services.
TRD-200803049
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Filed: June 12, 2008
Title 16, Part 4
The Texas Department of Licensing and Regulation (Department) filed a notice of intent to review and consider for re-adoption, revision, or repeal, 16 Texas Administrative Code (TAC) Chapter 57, For-Profit Legal Service Contract Companies, in accordance with the requirements of Texas Government Code, §2001.039. The Notice of Intent to Review was published in the April 18, 2008, issue of the Texas Register (33 TexReg 3303).
In accordance with the requirements of Texas Government Code, §2001.039, the Department reviewed the administrative rules of 16 TAC Chapter 57, For-Profit Legal Service Contract Companies, to determine if the rules are obsolete, reflect current legal and policy considerations, and reflect current procedures of the Department.
The Department's review determined that the reasons for initially adopting the rules continue to exist. The rules continue to be essential in implementing the provisions of Texas Occupations Code, Chapter 953. Based on the Department's review, however, the Texas Commission of Licensing and Regulation (Commission) proposes that amendments be made which may be helpful in clarifying statutory and administrative rule requirements and reflecting current Department procedures.
Proposed changes to these rules as a result of the rule review will be published in the Proposed Rules section of the Texas Register . The proposed rules will be open for public comment prior to final adoption or repeal by the Commission in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.
The Notice of Intent to Review was distributed to persons internal and external to the agency. The public comment period closed on May 19, 2008. One public comment was received in response to the notice. The commenter expressed a concern that sales representatives are required to be registered with the Department. The requirement for sales representatives to register with the Department is statutory and is not an issue that can be addressed by rulemaking.
The rules are re-adopted by the Commission in accordance with Texas Government Code, §2001.039. This concludes the review of 16 TAC Chapter 57, For-Profit Legal Service Contract Companies.
TRD-200803070
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: June 16, 2008
The Texas Department of Licensing and Regulation (Department) filed a notice of intent to review and consider for re-adoption, revision, or repeal, 16 Texas Administrative Code (TAC) Chapter 70, Industrialized Housing and Buildings, in accordance with the requirements of Texas Government Code, §2001.039. The Notice of Intent to Review was published in the April 18, 2008, issue of the Texas Register (33 TexReg 3303).
In accordance with the requirements of Texas Government Code, §2001.039, the Department reviewed the administrative rules of 16 TAC Chapter 70, Industrialized Housing and Buildings, to determine if the rules are obsolete, reflect current legal and policy considerations, and reflect current procedures of the Department.
The Department's review determined that the reasons for initially adopting the rules continue to exist. The rules continue to be essential in implementing the provisions of Texas Occupations Code, Chapter 1202. Based on the Department's review, however, the Texas Commission of Licensing and Regulation (Commission) proposes that amendments be made which may be helpful in clarifying statutory and administrative rule requirements and reflecting current Department procedures.
Proposed changes to these rules as a result of the rule review will be published in the Proposed Rules section of the Texas Register . The proposed rules will be open for public comment prior to final adoption or repeal by the Commission in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.
The Notice of Intent to Review was distributed to persons internal and external to the agency. The public comment period closed on May 19, 2008. No public comments were received in response to the notice.
The rules are re-adopted by the Commission in accordance with Texas Government Code, §2001.039. This concludes the review of 16 TAC Chapter 70, Industrialized Housing and Buildings.
TRD-200803071
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: June 16, 2008
The Texas Department of Licensing and Regulation (Department) filed a notice of intent to review and consider for re-adoption, revision, or repeal, 16 Texas Administrative Code (TAC) Chapter 76, Water Well Drillers and Water Well Pump Installers, in accordance with the requirements of Texas Government Code, §2001.039. The Notice of Intent to Review was published in the April 18, 2008, issue of the Texas Register (33 TexReg 3304).
In accordance with the requirements of Texas Government Code, §2001.039, the Department reviewed the administrative rules of 16 TAC Chapter 76, Water Well Drillers and Water Well Pump Installers, to determine if the rules are obsolete, reflect current legal and policy considerations, and reflect current procedures of the Department.
The Department's review determined that the reasons for initially adopting the rules continue to exist. The rules continue to be essential in implementing the provisions of Texas Occupations Code, Chapters 1901 and 1902. Based on the Department's review, however, the Texas Commission of Licensing and Regulation (Commission) proposes that amendments be made which may be helpful in clarifying statutory and administrative rule requirements and reflecting current Department procedures.
Proposed changes to these rules as a result of the rule review will be published in the Proposed Rules section of the Texas Register . The proposed rules will be open for public comment prior to final adoption or repeal by the Commission in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.
The Notice of Intent to Review was distributed to persons internal and external to the agency. The public comment period closed on May 19, 2008. No public comments were received in response to the notice.
The rules are re-adopted by the Commission in accordance with Texas Government Code, §2001.039. This concludes the review of 16 TAC Chapter 76, Water Well Drillers and Water Well Pump Installers.
TRD-200803072
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: June 16, 2008