Review of Agency Rules

Proposed Rule Review

Credit Union Department

Title 7, Part 6

The Texas Credit Union Commission will review and consider for re-adoption, revision, or repeal Chapter 91, §§91.101 (Definitions and Interpretations), 91.103 (Public Notice of Department Activities), 91.104 (Notice of Applications), 91.105 (Applications for Authorization from the Commissioner), 91.110 (Protest Procedures for Applications), 91.115 (Safety at Unmanned Teller Machines), 91.120 (Posting of Notice Regarding Certain Loan Agreements), 91.125 (Accuracy of Advertising), 91.201 (Incorporation Procedures), 91.202 (Form of Bylaws; Amendments to Articles of Incorporation and Bylaws), 91.205 (Use of Credit Union Name), 91.206 (Underserved Area Credit Unions--Secondary Capital Accounts), 91.209 (Reports and Charges for Late Filing), 91.210 (Foreign Credit Unions), 91.1003 (Mergers/Consolidations), 91.1005 (Conversion to a Texas Credit Union), 91.1006 (Conversions to a Federal or Out-of-State Credit Unions), 91.1007 (Conversion to a Mutual Savings Institution), 91.1008 (Conversion Voting Procedures and Restrictions; Filing Requirements), 91.1110 (Share and Deposit Insurance Requirements), 91.3001 (Opportunity to Submit Comments on Certain Applications), and 91.3002 (Conduct of Meetings to Receive Comments) of Title 7, Part 6 of the Texas Administrative Code in preparation for the Commission's Rule Review as required by §2001.039, Government Code.

An assessment will be made by the Commission as to whether the reasons for adopting or readopting these rules continue to exist. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the Credit Union Department.

Comments or questions regarding these rules may be submitted in writing to, Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699, or electronically to info@tcud.state.tx.us. The deadline for comments is March 31, 2009.

The Commission also invites your comments on how to make these rules easier to understand. For example:

* Do the rules organize the material to suit your needs? If not, how could the material be better organized?

* Do the rules clearly state the requirements? If not, how could the rule be more clearly stated?

* Do the rules contain technical language or jargon that isn't clear? If so, what language requires clarification?

* Would a different format (grouping and order of sections, use of headings, paragraphing) make the rule easier to understand? If so, what changes to the format would make the rule easier to understand?

* Would more (but shorter) sections be better in any of the rules? If so, what sections should be changed?

Any proposed changes to these rules as a result of the rule review will be published in the Proposed Rule Section of the Texas Register . The proposed rules will be open for public comment prior to final adoption by the Commission.

TRD-200900769

Harold E. Feeney

Commissioner

Credit Union Department

Filed: February 23, 2009


Adopted Rule Reviews

Texas Board of Architectural Examiners

Title 22, Part 1

The Texas Board of Architectural Examiners adopts the review of Title 22, Part 1, Chapter 1, Architects; Chapter 3, Landscape Architects; Chapter 5, Interior Designers; and Chapter 7, Administration. The proposed notice of review was published in the August 29, 2008, issue of the Texas Register (33 TexReg 7311).

During its review, the Board determined that the initial reasons for adopting these chapters continue to exist. The chapters are therefore adopted in accordance with the requirements of Texas Government Code, §2001.039.

The agency received no comments regarding the adoption of the review.

This concludes the Board's review of Chapter 1, Architects; Chapter 3, Landscape Architects; Chapter 5, Interior Designers; and Chapter 7, Administration, as required by Texas Government Code §2001.039.

TRD-200900817

Cathy L. Hendricks

Executive Director

Texas Board of Architectural Examiners

Filed: February 24, 2009


Texas Department of Criminal Justice

Title 37, Part 6

The Texas Board of Criminal Justice (TBCJ or Board) has completed its review of §151.8, concerning Advisory Committees, in accordance with the requirements of Texas Government Code §2001.039. The Board has determined that the reasons for initially adopting §151.8 continue to exist, and it readopts the rule.

Notice of the review was published in the December 19, 2008, issue of the Texas Register (33 TexReg 10335). No comments were received as a result of that notice.

As a result of that rule review, the Texas Department of Criminal Justice published proposed amendments to §151.8 in the December 19, 2008, issue of the Texas Register (33 TexReg 10299). The Board adopted the amended rule on February 13, 2009, and the adoption notice is published in this issue of the Texas Register.

TRD-200900679

Melinda Hoyle Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: February 18, 2009


The Texas Board of Criminal Justice (TBCJ or Board) has completed its review of §151.75, Standards of Conduct for Financial Advisors and Service Providers, in accordance with the requirements of Texas Government Code §2001.039. The Board has determined that the reasons for initially adopting §151.75 continue to exist, and it readopts the rule.

Notice of the review was published in the December 19, 2008, issue of the Texas Register (33 TexReg 10335). Comments were received as a result of that notice, and changes were incorporated into the amended rule.

As a result of that rule review, the Texas Department of Criminal Justice published proposed amendments to §151.75 in the December 19, 2008, issue of the Texas Register (33 TexReg 10300). The Board adopted the amended rule on February 13, 2009, and the adoption notice is published in this issue of the Texas Register.

TRD-200900680

Melinda Hoyle Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: February 18, 2009


The Texas Board of Criminal Justice (TBCJ or Board) has completed its review of §161.21, concerning the Role of the Judicial Advisory Council, in accordance with the requirements of Texas Government Code §2001.039. The Board has determined that the reasons for initially adopting §161.21 continue to exist, and it readopts the rule.

Notice of the review was published in the December 19, 2008, issue of the Texas Register (33 TexReg 10335). No comments were received as a result of that notice.

As a result of that rule review, the Texas Department of Criminal Justice (TDCJ) published proposed amendments to §161.21 in the December 19, 2008, issue of the Texas Register (33 TexReg 10301). The Board adopted the amended rule on February 13, 2009, and the adoption notice is published in this issue of the Texas Register.

TRD-200900681

Melinda Hoyle Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: February 18, 2009


Texas Medical Board

Title 22, Part 9

The Texas Medical Board (Board) adopts the review of Chapter 162, Supervision of Medical School Students, §162.1 and §162.2, pursuant to the Texas Government Code, §2001.039. The proposed rule review was published in the January 9, 2009, issue of the Texas Register (34 TexReg 265).

Elsewhere in this issue of the Texas Register , the Board contemporaneously adopts amendments to §162.1.

The agency's reason for adopting the rules contained in this chapter continues to exist.

No comments were received regarding adoption of the review.

This concludes the review of Chapter 162, Supervision of Medical School Students.

TRD-200900652

Mari Robinson, J.D.

Interim Executive Director

Texas Medical Board

Filed: February 17, 2009


The Texas Medical Board (Board) adopts the review of Chapter 189, Compliance Program, §§189.1 - 189.14, pursuant to the Texas Government Code, §2001.039. The proposed rule review was published in the January 9, 2009, issue of the Texas Register (34 TexReg 265).

Elsewhere in this issue of the Texas Register, the Board contemporaneously adopts amendments to §189.1 and §189.2.

The agency's reason for adopting the rules contained in this chapter continues to exist.

No comments were received regarding adoption of the review.

This concludes the review of Chapter 189, Compliance Program.

TRD-200900653

Mari Robinson, J.D.

Interim Executive Director

Texas Medical Board

Filed: February 17, 2009


Texas State Board of Pharmacy

Title 22, Part 15

The Texas State Board of Pharmacy adopts the review of Chapter 297 (§§297.1 - 297.9), concerning Pharmacy Technicians and Pharmacy Technician Trainees, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules. The proposed review was published in the December 26, 2008, issue of the Texas Register (33 TexReg 10515).

No comments were received.

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

TRD-200900721

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: February 20, 2009