REVIEW OF AGENCY RULES This Section contains notices of state agency rules review as directed by the 75th Legislature, Regular Session, House Bill 1 (General Appropriations Act) Art. IX, Section 167. Included here are: (1) notices of plan to review; (2) notices of intention to review, which invite public comment to specified rules; and (3) notices of readoption, which summarize public comment to specified rules. The complete text of an agency's plan to review is available after it is filed with the Secretary of State on the Secretary of State's web site (http://www.sos.state.tx.us/texreg). The complete text of an agency's rule being reviewed and considered for readoption is available in the Texas Administrative Code on the web site (http://www.sos.state.tx.us/tac). For questions about the content and subject matter of rules, please contact the state agency that is reviewing the rules. Questions about the web site and printed copies of these notices may be directed to the Texas Register office. RULE REVIEW Agency Rule Review Plans Texas Board of Chiropractic Examiners Title 22, Part III Filed: April 27, 1998 Texas Water Development Board Title 31, Part X Filed: April 28, 1998 Texas Optometry Board Title 22, Part XIV Filed: May 1, 1998 Texas Natural Resource Conservation Commission Title 30, Part I Filed: May 1, 1998 General Land Office Title 31, Part I Filed: May 4, 1998 State Office of Administrative Hearings Title 1, Part VII Filed: May 7, 1998 State Board for Educator Certification Title 19, Part VII Filed: May 7, 1998 Texas Real Estate Commission Title 22, Part XXIII Filed: May 7, 1998 Proposed Rule Review Public Utility Commission of Texas 16 TAC, Part II The Public Utility Commission of Texas files this notice of intention to review sec.23.3 relating to Definitions pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167 (Section 167). Project Number 19120 has been assigned to the review of these rule sections. As part of this review process, the commission is proposing the repeal of sec.23.3 and is proposing new sec.25.5 relating to Definitions and new sec.26.5 relating to Definitions to replace this section. The proposed repeal and new rules may be found in the Proposed Rules section of the Texas Register. As required by Section 167, the commission will accept comments regarding whether the reason for adopting the rule continues to exist in the comments filed on the proposed new sections. Any questions pertaining to this notice of intention to review should be directed to Rhonda Dempsey, Rules Coordinator, Office of Regulatory Affairs, Public Utility Commission of Texas, 1701 N. Congress Avenue, Austin, Texas 78711-3326 or at voice telephone (512) 936-7308. 16 TAC sec.23.3. Definitions. TRD-9806090 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 1, 1998 The Public Utility Commission of Texas files this notice of intention to review sec.sec.23.11 relating to General Reports, 23.12 relating to Financial Records and Reports, 23.13 relating to Statistical Reports, and 23.14 relating to Maintenance and Location of Reports pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167 (Section 167). Project Number 19121 has been assigned to the review of these rule sections. As part of this review process, the commission is proposing the repeal of sec.sec.23.11 through 23.14 and is proposing new sec.sec.25.71 relating to General Procedures, Requirements and Penalties, 25.72 relating to Uniform System of Accounts, 25.73 relating to Financial and OperatingReports, 25.74 relating to Reports on Sale of Property and Mergers, 25.75relating to Reports on Sale of 50% or More of Stock, 25.76 relating to GrossReceipts Assessment Reporting, 25.77 relating to Payments, Compensation,and Other Expenditures, 25.78 relating to State Agency Utility Account Information, 25.79 relating to Equal Opportunity Reports, 25.80 relating to Annual Report on Historically Underutilized Businesses, 25.81 relating to Service Quality Reports, 25.82 relating to Fuel Cost and Use Information, 25.83 relatingto Construction Reports, 25.89 relating to Report of Loads and Resources, and 25.100 relating to Other Records, Reports, and Information that May be Required; and sec.sec.26.71, relating to General Procedures, Requirements and Penalties, 26.72 relating to Uniform System of Accounts, 26.73 relating to Financial and Operating Reports, 26.74 relating to Reports on Sale of Property and Mergers, 26.75 relating to Reports on Sale of 50% or More of Stock, 26.76 relating to Gross Receipts Assessment Reporting, 26.77 relating to Payments, Compensation, and Other Expenditures, 26.78 relating to State Agency Utility Account Information, 26.79 relating to Equal Opportunity Reports, 26.80 relating to Annual Report on Historically Underutilized Businesses, 26.81 relating to Service Quality Reports, 26.82 relating to Construction Reports, 26.87 relating to Infrastructure Reports, 26.98 relating to Cost Allocation Manual, and 26.100 relating to Other Records, Reports, and Information that May be Required to replace these sections. The proposed repeals and new rules may be found in the Proposed Rules section of the Texas Register. As required by Section 167, the commission will accept comments regarding whether the reason for adopting the rules continues to exist in the comments filed on the proposed new sections. Any questions pertaining to this notice of intention to review should be directed to Rhonda Dempsey, Rules Coordinator, Office of Regulatory Affairs, Public Utility Commission of Texas, 1701 N. Congress Avenue, Austin, Texas 78711-3326 or at voice telephone (512) 936-7308. 16 TAC sec.23.11. General Reports. 16 TAC sec.23.12. Financial Records and Reports. 16 TAC sec.23.13. Statistical Reports. 16 TAC sec.23.14. Maintenance and Location of Records. TRD-9806169 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 4, 1998 Texas Rehabilitation Commission Title 40, Part II The Texas Rehabilitation Commission proposes to review the following sections from Chapter 109, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167. As part of the review process, the Texas Rehabilitation Commission is proposing to amend and continue to adopt the following sections in this issue of the Texas Register: Sections 109.1 - 109.6. Also, with this proposed rule review, the commission is proposing to readopt the following section without changes: Section 109.7. The Commission's reason for adopting these sections continues to exist. Comments on these proposed rules may be submitted to Roger Darley, Assistant General Counsel, Office of the General Counsel, Texas Rehabilitation Commission, Austin, Texas 78751. TRD-9806172 Charles Schiesser Chief of Staff Texas Rehabilitation Commission Filed: May 4, 1998 Adopted Rule Review Texas Board of Professional Land Surveying 22 TAC, Part XXIX. The Texas Board of Professional Land Surveying adopts, without changes, rules 661.1 through 661.41, 661.43 through 661.44, 661.46 through 661.72, 661.77 through 661.82, 661.84 through 661.93. The Board proposed changes to rules 661.42, 661.45 & 661.121 as a result of comments received from the public. Comments were also received regarding rule 661.77. The board has referred proposed changes to rule 661.77 to the Attorney General's office. The Board has also proposed housekeeping changes to rules 661.73, 661.75 and 661.83. Rule 661.74 contains obsolete language, this rule is not adopted. Comments may be submitted to Sandy Smith, Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752. TRD-9806208 Sandy Smith Executive Director Texas Board of Professional Land Surveying Filed: May 4, 1998 Texas Board of Professional Land Surveying 22 TAC, Part XXIX. The Texas Board of Professional Land Surveying proposes an amendment to sec.661.42 concerning fees. This amendment clarifies the fact that examination fees will reflect the actual cost of examination. Sandy Smith, executive director, has determined that for the first five-year period this amendment is in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering this amendment. Sandy Smith, executive director, has determined that for the first five-year period this amendment is in effect the public benefits anticipated as a result of enforcing this section as proposed will be all surveyors will be aware that examination fees reflect the actual cost of the examination. Comments may be submitted to Sandy Smith, Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752. The amendment is proposed under Article 5282c, sec.9, V.T.C.S., which provides the Texas Board of Professional Land Surveying with the authority to make and enforce all reasonable and necessary rules, regulations and bylaws not inconsistent with the Texas Constitution, the laws of this state and this Act. The Texas Civil Statutes, Article 5282c, is affected by this proposed amendment. 661.42. Fees. TRD-9807247 Sandy Smith Executive Director Texas Board of Professional Land Surveying Filed: May 4, 1998 The Texas Board of Professional Land Surveying proposes an amendment to sec.661.45 concerning calculators. This amendment clarifies the types of calculators that examination candidates can use. Sandy Smith, executive director, has determined that for the first five-year period this amendment is in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering this amendment. Sandy Smith, executive director, has determined that for the first five-year period this amendment is in effect the public benefits anticipated as a result of enforcing this section as proposed will be all applicants will be aware of the types of calculators they can use when taking the examination. Comments may be submitted to Sandy Smith, Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752. The amendment is proposed under Article 5282c, sec.9, V.T.C.S., which provides the Texas Board of Professional Land Surveying with the authority to make and enforce all reasonable and necessary rules, regulations and bylaws not inconsistent with the Texas Constitution, the laws of this state and this Act. The Texas Civil Statutes, Article 5282c, is affected by this proposed amendment. 661.45 Examinations. TRD-9806209 Sandy Smith Executive Director Texas Board of Professional Land Surveying Filed: The Texas Board of Professional Land Surveying proposes an amendment to sec.661.73 concerning conduct at hearings. Language has been changed for consistency with the Administrative Procedures Act. Sandy Smith, executive director, has determined that for the first five-year period this amendment is in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering this amendment. Sandy Smith, executive director, has determined that for the first five-year period this amendment is in effect the public benefits anticipated as a result of enforcing this section as proposed will be that the rule will more closely reflect statutory lanquage of the Administrative Procedures Act. Comments may be submitted to Sandy Smith, Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752. The amendment is proposed under Article 5282c, sec.9, V.T.C.S., which provides the Texas Board of Professional Land Surveying with the authority to make and enforce all reasonable and necessary rules, regulations and bylaws not inconsistent with the Texas Constitution, the laws of this state and this Act. The Texas Civil Statutes, Article 5282c, is affected by this proposed amendment. 661.73. Conduct of Hearings. TRD-9806210 Sandy Smith Executive Director Texas Board of Professional Land Surverying Filed: May 4, 1998 The Texas Board of Professional Land Surveying proposes an amendment to sec.661.75 concerning notice and hearing. This amendment allows for 10 days notice of any hearing. Sandy Smith, executive director, has determined that for the first five-year period this amendment is in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering this amendment. Sandy Smith, executive director, has determined that for the first five-year period this amendment is in effect the public benefits anticipated as a result of enforcing this section as proposed will be that the rule will contain the same notice requirement that is required in the Administrative Procedures Act. Comments may be submitted to Sandy Smith, Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752. The amendment is proposed under Article 5282c, sec.9, V.T.C.S., which provides the Texas Board of Professional Land Surveying with the authority to make and enforce all reasonable and necessary rules, regulations and bylaws not inconsistent with the Texas Constitution, the laws of this state and this Act. The Texas Civil Statutes, Article 5282c, is affected by this proposed amendment. 661.75. Notice and Hearing. TRD-9806212 Sandy Smith Executive Director Texas Board of Professional Land Surveying Filed: May 4, 1998 The Texas Board of Professional Land Surveying proposes an amendment to sec.661.83 concerning depositions. Language has been changed for consistency with the Administrative Procedures Act. Sandy Smith, executive director, has determined that for the first five-year period this amendment is in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering this amendment. Sandy Smith, executive director, has determined that for the first five-year period this amendment is in effect the public benefits anticipated as a result of enforcing this section as proposed will be that the rule will more closely reflect statutory language of the Administrative Procedures Act. Comments may be submitted to Sandy Smith, Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752. The amendment is proposed under Article 5282c, sec.9, V.T.C.S., which provides the Texas Board of Professional Land Surveying with the authority to make and enforce all reasonable and necessary rules, regulations and bylaws not inconsistent with the Texas Constitution, the laws of this state and this Act. The Texas Civil Statutes, Article 5282c, is affected by this proposed amendment. 661.83 Depositions. TRD-9806211 Sandy Smith Executive Director Texas Board of Professional Land Surveying Filed: May 4, 1998