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. Proposed Rule Reviews General Land Office Title 31, Part I The following is offered in compliance with Article X, sec.167, of the Appropriations Act. In accordance with a previously published Agency Rule Review Plan and Notice of Intent to Review filing (22 TexReg 11831), the General Land Office (GLO) has reviewed Chapters 151 and 153 of Title 31 of the Texas Administrative Code. The agency's reasons for adopting the rules contained in those chapters continue to exist. However, largely for the sake of clarity and administrative efficiency, the GLO and the School Land Board have determined that changes should be made to the rules. Therefore, and in lieu of readoption, the GLO will propose to repeal Chapters 151 and 153, and to replace them with a new, comprehensive, Chapter 151, Operations of the School Land Board. This proposed repeal and new chapter will be published for comment in the Texas Register at a later date. Comments on this rule review conclusion may be submitted to Ms. Carol Milner, Texas Register Liaison, General Land Office, 1700 North Congress, Room 626, Austin, Texas 78701-1495. The deadline for comments is 5:00 P.M. on June 29, 1998. TRD-9808065 Garry Mauro Chairman General Land Office Filed: May 18, 1998 The following is offered in compliance with Article X, sec.167, of the Appropriations Act. In accordance with a previously published Agency Rule Review Plan and Notice of Intent to Review filing (23 TexReg 1119), the staff of the General Land Office (GLO), acting on behalf of the Texas Department of Parks and Wildlife and Texas Department of Criminal Justice Boards for Lease, has reviewed Chapter 201 of Title 31 of the Texas Administrative Code. The agency's reasons for adopting the rules contained in that chapter continue to exist. However, largely for the sake of clarity and administrative efficiency, the GLO and the boards for lease have determined that changes should be made to the rules. Therefore, and in lieu of readoption, the General Land Office will propose to repeal Chapter 201, and to replace it with a new Chapter 201, Operations of the Texas Department of Parks and Wildlife and Texas Department of Criminal Justice Boards for Lease. This proposed repeal and new chapter will be published for comment in the Texas Register at a later date. Comments on this rule review conclusion may be submitted to Ms. Carol Milner, Texas Register Liaison, General Land Office, 1700 North Congress, Room 626, Austin, Texas 78701-1495. The deadline for comments is 5:00 P.M. on June 29, 1998. TRD-9808066 Garry Mauro Chairman General Land Office Filed: May 18, 1998 Board of Vocational Nurse Examiners Title 22, Part XII In accordance with the Appropriations Act, section 167, the Board of Vocational Nurse Examiners proposes to review Chapter 233 of the Rules and Regulations Relating to Vocational Nursing Education, Licensure and Practice in the State of Texas for re-adoption or amendment at the June 8 - 9, 1998 Board Meeting. Comments on the proposal may be submitted to Marjorie A. Bronk, Executive Director, Board of Vocational Nurse Examiners, 333 Guadalupe, Suite 3-400, Austin, Texas 78701. Comments will be reviewed and discussed at the June 8-9, 1998 Board Meeting. TRD-9807911 Marjorie A. Bronk, R.N. Executive Director Board of Vocational Nurse Examiners Filed: May 14, 1998 Texas State Board of Examiners of Psychologists Title 22, Part XXI The Texas State Board of Examiners of Psychologists proposes to review Chapter 467. Announcements and Listings, sec.467.1 and sec.467.2, in accordance with the Appropriations Act, Section 167. As part of this review process, the Board proposes to repeal the existing sec.467.1 in accordance with the Appropriations Act, Section 167. The proposed repeal may be found in the Proposed Rules section of this Texas Register. The Board is not proposing any changes to sec.467.2. The Texas State Board of Examiners of Psychologists proposes to review Chapter 469. Specialty Certification, sec.469.1. As part of this review process, the Board proposes to amend the existing sec.469.1 in accordance with the Appropriations Act, Section 167. The proposed amendment may be found in the Proposed Rules section of this Texas Register The Texas State Board of Examiners of Psychologists proposes to review Chapter 471. Renewals, sec.sec.471.1-471.5, in accordance with the Appropriations Act, Section 167. As part of this review process, the Board proposes to amend the existing sec.471.1, sec.471.2, sec.471.4, and sec.471.5 and to repeal the existing sec.471.3. The proposed amendments and repeal may be found in the Proposed Rules section of this Texas Register. The Texas State Board of Examiners of Psychologists proposes to review Chapter 473. Fees, sec.sec.473.1-473.8, in accordance with the Appropriations Act, Section 167. As part of this review process, the Board proposes to amend the existing sec.sec.473.1-473.5 and to repeal the existing sec.473.6. The Board is not proposing any changes to sec.473.7 and sec.473.8. The proposed amendments and repeal may be found in the Proposed Rules section of this Texas Register. The Board's reason for adopting these sections continues to exist. Comments on the proposals may be submitted to Janice Alvarez, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas 78701. TRD-9807735 Sherry L. Lee Executive Director Texas State Board of Examiners of Psychologists Filed: May 12, 1998 Texas Rehabilitation Commission Title 40, Part II The Texas Rehabilitation Commission proposes to review the following sections from Chapters 106, Contract Administration, Subchapter C, Acquisition of Administrative Goods and Services, Subchapter D, Debarment and 117, Special Rules and Policies, 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 readopt the following sections without changes. 106.38 106.39 106.40 106.41 106.42 106.43 106.44 117.6 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-9808074 Charles Schiesser Chief of Staff Texas Rehabilitation Commission Filed: May 18, 1998 Texas State Board of Social Worker Examiners Title 22, Part XXXIV The Texas State Board of Social Worker Examiners will review and consider for readoption, revision or repeal all sections of the following chapter of Title 22, Part XXXIV of the Texas Administrative Code, in accordance with the General Appropriations Act, sec.167: Chapter 781, Social Worker Licensure. The Texas State Board of Social Worker Examiners will consider, among other things, whether the reasons for adoption of these rules continue to exist. Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Michael Doughty, Executive Director, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. TRD-9808238 Deborah Hammond, LMSW-ACP Chair Texas State Board of Social Worker Examiners Filed: May 20, 1998 Adopted Rule Reviews Texas Education Agency Title 19, Part II The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 74, Curriculum Requirements, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167, published in the April 3, 1998, issue of the Texas Register (23 TexReg 3543). The TEA finds that the reason for adopting 19 TAC Chapter 74 continues to exist. The TEA received no comments related to the rule review requirement as to whether the reason for adopting the rules continues to exist. As part of this review process, the TEA adopts amendments to sec.sec.74.1-74.3, 74.11-74.13, 74.22-74.27, and 74.30. The TEA is not adopting amendments to sec.sec.74.14, 74.21, 74.28, and 74.29. The adopted amendments may be found in the Adopted Rules section in this issue. Comments on the proposed amendments are summarized in the preambles for the adoption of the amendments also published in the Adopted Rules section of this issue. TRD-9808080 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Filed: May 18, 1998 Public Utility Commission of Texas Title 16, Part II The Public Utility Commission of Texas (commission) has completed the review of sec.22.1 relating to Purpose and Scope; sec.22.2 relating to Definitions; sec.22.3 relating to Standards of Conduct; sec.22.4 relating to Computation of Time; and sec.22.5 relating to Suspension of Rules and Commission-Prescribed Forms as noticed in the February 27, 1998 Texas Register (23 TexReg 1995). The commission readopts these sections, pursuant to the requirements of the Appropriations Act of 1997, HB 1, Article IX, Section 167 (Section 167) and finds that the reason for adopting these rules continues to exist. Project Number 17709 is assigned to this proceeding. The commission received no comments on the Section 167 requirement as to whether the reason for adopting the rules continues to exist. As part of this review process, the commission proposed amendments to sec.22.2 and sec.22.3 as published in the Texas Register on February 27, 1998 (23 TexReg 1766). Comments on the proposed amendments are summarized in the preamble for the adoption of the amendments published in the Adopted Rules section of the Texas Register. These rules are adopted under the Public Utility Regulatory Act, Texas Utilities Code Annotated, sec.14.002 and sec.14.052 (Vernon 1998) which provides the commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction, including rules of practice and procedure. Cross Reference to Statutes: Public Utility Regulatory Act sec.14.002 and sec.14.052. 16 TAC sec.22.1. Purpose and Scope 16 TAC sec.22.2. Definitions 16 TAC sec.22.3. Standards of Conduct 16 TAC sec.22.4. Computation of Time 16 TAC sec.22.5. Suspension of Rules and Commission-Prescribed Forms TRD-9808024 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: May 15, 1998 Board for Lease of University Lands 31 TAC Part V The Board for Lease of University Lands completed the review of Chapter 401, Organization of the Board; Chapter 403, Sale of Oil and Gas Leases; Chapter 405, Dispositions of Bonuses, Rentals, Royalties, Fees; Chapter 407, Operational Matters; and Chapter 409, Special Actions by the Board, as noticed in the April 3, 1998, Texas Register (23 TexReg 3544) pursuant to the requirements of the Appropriations Act of 1997, HB 1, Article IX, Section 167. The board finds that the reason for these rules continues to exist and the board repeals the rules and replaces them with rules consistent with current law that will more comprehensively address the administration and enforcement of Texas Education Code, Chapter 66, Subchapter D, and provide for consistent and uniform application of the rules. The board received no comments on the Section 167 requirement as to whether the reason for these rules continues to exist or the board's proposal to repeal existing rules and replace them with more comprehensive rules. As part of this review process, the board proposed to repeal Chapter 401, sec.sec.401.1-401.7, relating to Organization of the Board, as published in the Texas Register on April 3, 1998 (23 TexReg 3417); Chapter 403, sec.sec.403.1-403.8, relating to Sale of Oil and Gas Leases, as published in the Texas Register on April 3, 1998 (23 TexReg 3418); Chapter 405, sec.sec.405.1-405.4, relating to Disposition of Bonuses, Rentals, Royalties, Fees, as published in the Texas Register on April 3, 1998 (23 TexReg 3418); Chapter 407, sec.sec.407.1-407.17, relating to Operational Matters, as published in the Texas Register on April 3, 1998 (23 TexReg 3419); and Chapter 409, sec.sec.409.1-409.4, relating to Special Actions by the Board, as published in the Texas Register on April 3, 1998 (23 TexReg 3420). No comments were received on the proposed repeals or proposed adoption of new rules as noticed in the April 3, 1998, Texas Register. The repeal and adoption of rules is done under authority granted in Texas Education Code, Chapter 66, Subchapter D, which provides the board with the authority to make and enforce rules for the administration and enforcement of Subchapter D and oil and gas leases issued thereunder. Cross Reference to Statutes: Texas Education Code, Chapter 66. The repeal does not affect other statutes, articles, or codes. TRD-9808229 Pamela S. Bacon Secretary Board for Lease of University Lands Filed: May 20, 1998