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. Agency Rule Review Plans Texas Commission on Fire Protection Title 37, Part XIII Filed: July 8, 1998 Texas Veterans Commission Title 40, Part XV Filed: July 8, 1998 Texas State Board of Examiners of Dietitians Title 22, Part XXXI Filed: July 9, 1998 State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments Title 22, Part VII Filed: July 9, 1998 Texas State Board of Examiners of Marriage and Family Therapists Title 22, Part XXXV Filed: July 9, 1998 Texas Board of Licensure for Professional Medical Physicists Title 22, Part XXVI Filed: July 9, 1998 Texas Department of Public Safety Title 37, Part I Filed: July 9, 1998 Texas Board of Examiners for Speech-Language Pathology and Audiology Title 22, Part XXXII Filed: July 9, 1998 State Board of Dental Examiners Title 22, Part V Filed: July 10, 1998 Texas Food and Fibers Commission Title 4, Part VIII Filed: July 10, 1998 Office of the Secretary of State Title 1, Part IV Filed: July 10, 1998 Board of Tax Professional Examiners Title 22, Part XXVII Filed: July 10, 1998 State Aircraft Pooling Board Title 1, Part IX Filed: July 13, 1998 Texas Cosmetology Commission Title 22, Part IV Filed: July 13, 1998 Texas Alternative Fuels Council Title 31, Part XIX Filed: July 14, 1998 Texas Department of Licensing and Regulation Title 16, Part IV Filed: July 14, 1998 Texas Ethics Commission Title 1, Part II Filed: July 15, 1998 Texas Low-Level Radioactive Waste Disposal Authority Title 31, Part XV Filed: July 15, 1998 Railroad Commission of Texas Title 16, Part I Filed: July 15, 1998 Interagency Council on Early Childhood Intervention Title 25, Part VIII Filed: July 16, 1998 Polygraph Examiners Board Title 22, Part XIX Filed: July 16, 1998 Texas State Library and Archives Commission Title 13, Part I Filed: July 17, 1998 Proposed Rule Reviews Texas Bond Review Board Title 34, Part IX Notice of Intent to Review In accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, the Texas Bond Review Board (Board) will review the entirety of its rules under Title 34 of the Texas Administrative Code for re-adoption, repeal or amendment beginning September 1, 1998. The rules to be reviewed are located at Title 34, Texas Administrative Code, and include: Chapter 181 Bond Review Board, subchapters A and B, and Chapter 190, Allocation of the State's Limit on Certain Private Activity Bonds. The Texas Bond Review Board will consider comments received in response to this notice and will discuss the rules during open meetings after September 1, 1998. Changes to the rules proposed by the Board after considering comments will appear in the "Rules Proposed" section of the Texas Register and will be adopted in accordance with the requirements of the Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001. Comments on the review may be submitted within in writing to Jose Hernandez, Executive Director, Texas Bond Review Board, P.O. Box 13292, Austin, Texas 78711-3292; (512)-463-1741; or e-mail to bonds@brb.state.tx.us SUBCHAPTER A. Bond Review Rules sec.181.1 Definitions. sec.181.2. Notice of Intention to Issue. sec.181.3. Application for Board Approval of State Bond Issuance. sec.181.4. Meetings. sec.181.5. Submission of Final Report. sec.181.6. Official Statement. sec.181.7. Designation of Representation. sec.181.8. Assistance of Agencies. sec.181.9. Exemptions. sec.181.10. Annual Issuer Report. sec.181.11. Filing of Requests for Proposal. sec.181.12. Charges for Public Records. SUBCHAPTER B. Public School Facilities Funding Program Rules sec.181.21. Definitions. sec.181.23. Application Procedures sec.181.25. District Qualifications sec.181.27. Eligible Projects and Costs sec.181.29. Bond Issuance sec.181.31. Finance Administration sec.181.33. Remedies for Late Payment or Default sec.181.35. Permanent School Fund Guarantee CHAPTER 190. ALLOCATION OF THE STATE'S LIMIT ON CERTAIN PRIVATE ACTIVITY BONDS SUBCHAPTER A. Program Rules sec.190.1. General Provisions. sec.190.2. Allocation and Reservation System. sec.190.3. Filing Requirements for Applications for Reservation. sec.190.4. Filing Requirements for Applications for Carryforward. sec.190.5. Consideration of Qualified Applications by the Board. sec.190.6. Expiration Provisions. sec.190.7. Cancellation, Withdrawal and Penalty Provisions. sec.190.8. Notices, filings, and Submissions. TRD-9811807 Jose A. Hernandez Executive Director Texas Bond Review Board Filed: July 24, 1998 State Office of Administrative Hearings Title 1, Part VII The State Office of Administrative Hearings (SOAH) files this notice of intention to review Chapter 163, concerning arbitration procedures which may be elected for certain enforcement actions prosecuted by the Department of Human Services pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167 (Section 167). As part of this review process, SOAH is proposing amendments to sec.sec.163.3, 163.11, 163.15, 163.19, 163.21, 163.23, 163.25, 163.43, 163.55, 163.61, and 163.67. The proposed amendments may be found in the Proposed Rules section of the Texas Register. SOAH will accept comments on the Section 167 requirement as to whether the reason for adopting the rules continues to exist in the comments filed on the proposed amendments. SOAH is not proposing any changes to sec.sec.163.1, 163.5 , 163.7, 163.9, 163.13, 163.17, 163.27, 163.29, 163.31, 163.33, 163.35, 163.37, 163.39, 163.41, 163.45, 163.47, 163.49, 163.51, 163.53, 163.57, 163.59, 163.63, or 163.65. SOAH's reason for adopting these sections continues to exist. Comments regarding the Section 167 requirement as to whether the reason for adopting these sections of chapter 163 continues to exist may be submitted to Debra Anderson, Legal Assistant, State Office of Administrative Hearings, 300 West 15th Street, Suite 502, P. O. Box 13025, Austin, Texas 78711-3025 within 20 days after publication of this notice of intention to review. Any questions pertaining to this notice of intention to review should be directed to Debra Anderson, Legal Assistant, Legal Services Unit, State Office of Administrative Hearings, 300 West 15th Street, Suite 502, P. O. Box 13025, Austin, Texas 78711-3025 or via facsimile (512) 463-7527. 1 TAC sec. 163.1. Definitions 1 TAC sec. 163.3. Election of Arbitration 1 TAC sec. 163.5. Initiation of Arbitration 1 TAC sec. 163.7. Changes of Claim 1 TAC sec. 163.9. Filing and Service of Documents 1 TAC sec. 163.11. Selection of Arbitrator 1 TAC sec. 163.13. Notice to and Acceptance by Arbitrator of Appointment 1 TAC sec. 163.15. Disclosure Requirements and Challenge Procedure 1 TAC sec. 163.17. Vacancies 1 TAC sec. 163.19. Qualifications of Arbitrators 1 TAC sec. 163.21. Costs of Arbitration 1 TAC sec. 163.23. Stenographic Record 1 TAC sec. 163.25. Electronic Record 1 TAC sec. 163.27. Interpreters 1 TAC sec. 163.29. Duties of the Arbitrator 1 TAC sec. 163.31. Communication of Parties with Arbitrator 1 TAC sec. 163.33. Date, Time, and Place of Hearing 1 TAC sec. 163.35. Representation 1 TAC sec. 163.37. Public Hearings and Confidential Material 1 TAC sec. 163.39. Preliminary Conference 1 TAC sec. 163.41. Exchange and Filing of Information 1 TAC sec. 163.43. Discovery 1 TAC sec. 163.45. Control of Proceedings 1 TAC sec. 163.47. Evidence 1 TAC sec. 163.49. Witnesses 1 TAC sec. 163.51. Exclusion of Witnesses 1 TAC sec. 163.53. Evidence by Affidavit 1 TAC sec. 163.55. Order of Proceedings 1 TAC sec. 163.57. Evidence Filed After the Hearing 1 TAC sec. 163.59. Attendance Required 1 TAC sec. 163.61. Order 1 TAC sec. 163.63. Effect of Order 1 TAC sec. 163.65. Clerical Error 1 TAC sec. 163.67. Appeal TRD-9811784 Amalija J. Hodgins Deputy Chief Administrative Law Judge State Office of Administrative Hearings Filed: July 24, 1998 Texas Real Estate Commission Title 22, Part XXIII The Texas Real Estate Commission proposes to review the sections in Chapter 534 in accordance with the Appropriations Act of 1997, HB 1, Article IX, Section 167. The commission will accept comments for 30 days following the publication of this notice in the Texas Register as to whether the reason for adopting each of the sections within this chapter continues to exist. Any questions pertaining to this notice of intention to review should be directed to Mark A. Moseley, General Counsel, Texas Real Estate Commission. P.O. Box 12188, Austin, Texas 78711-2188 or e-mail to general.counsel@trec.state.tx.us. sec.534.1. Charges for Copies of Public Records. sec.534.2. Processing Fees for Bad Checks. TRD-9811958 Mark A. Moseley General Counsel Texas Real Estate Commission Filed: July 28, 1998 Adopted Rule Reviews Public Utility Commission of Texas Title 16, Part II The Public Utility Commission of Texas (commission) has completed the review of sec.22.141 relating to Forms and Scope of Discovery; sec.22.142 relating to Limitations on Discovery and Protective Orders; sec.22.143 relating to Depositions; sec.22.144 relating to Requests for Information and Requests for Admission of Facts; sec.22.145 relating to Subpoenas; and sec.22.161 relating to Sanctions as noticed in the May 1, 1998 Texas Register (23 TexReg 4327). 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 an amendments to sec.22.142 and sec.22.143 as published in the Texas Register on May 1, 1998 (23 TexReg 4163). The commission received no comments on the proposed amendment. 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.22.141. Forms and Scope of Discovery. 16 TAC sec.22.142. Limitations on Discovery and Protective Orders. 16 TAC sec.22.143. Depositions. 16 TAC sec.22.144. Requests for Information and Requests for Admission of Facts. 16 TAC sec.22.145. Subpoenas. 16 TAC sec.22.161. Sanctions. TRD-9811730 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 24, 1998 Texas Real Estate Commission Title 22, Part XXIII The Texas Real Estate Commission adopts without changes Chapter 531, Canons of Professional Ethics and Conduct for Real Estate Licensees, in accordance with the Appropriations Act of 1997, HB 1, Article IX, Section 167. The proposed review appeared in the May 22, 1998, issue of the Texas Register (23 TexReg 5463). No comments were received regarding the adoption of this chapter. The Texas Real Estate Commission has determined that the reasons for adopting the chapter continue to exist. TRD-9811957 Mark A. Moseley General Counsel Texas Real Estate Commission Filed: July 28, 1998