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 Texas Natural Resource Conservation Commission Title 30, Part I The Texas Natural Resource Conservation Commission (commission) proposes the review of 30 TAC sec.11.1, concerning Historically Underutilized Business Program. This review is in accordance with the General Appropriations Act, Article IX, sec.167, 75th Legislature, 1997. The General Services Commission (GSC) adopted rules in October 1995 for state agencies, concerning objectives for utilization of Historically Underutilized Businesses (HUBs). HUB is defined by Texas Government Code, Title 10, Subtitle D, Chapter 2161, and 1 TAC sec.111.12 as a corporation, sole proprietorship, or joint venture formed for the purpose of making a profit in which at least 51% of all classes of the shares of stock or other equitable securities are owned by one or more persons whose business enterprises have been historically underutilized (socially disadvantaged) because of their identification as members of the following groups: Black American, Hispanic American, Asian Pacific American, Native American, and American women. These individuals must have a proportionate interest and demonstrate active participation in the control, operation, and management of the business. The objectives were based upon the results of The Texas Disparity Study and federal program rules as they related to Minority and Women Owned Business Enterprises (MWBEs). The Texas Disparity Study found that discrimination occurred in state agencies when procuring goods and services. "MWBE" is the federal term for business concerns which are socially and economically disadvantaged. The GSC rules are designed to ensure that the State of Texas makes a good faith effort toward including HUBs in all contracting opportunities. At no time are the numerical goals in the rules represented as mandatory or "set-aside" figures. Instead, "good faith efforts" are described in 1 TAC sec.111.13 and sec.111.14 as an outreach process. On August 21, 1996, the commission adopted by reference GSC's HUB rule and is committed to providing procurement and contracting opportunities for HUBs per Texas Government Code, Title 10, Subtitle D, Chapter 2161 (formerly Texas Civil Statutes, Article 601b), and 1 TAC sec.sec.111.11-111.24, and by Title 40 Code of Federal Regulations Parts 31 and 35, which outline race and gender definitions and size restrictions as they apply to utilizing MWBEs. In accordance with the commission's policy of encouraging the use of HUBs/MWBEs in state procurement, and based upon the findings of the Disparity Study, the commission will make a good faith effort to utilize HUBs/MWBEs in contracts for construction; professional, consulting, and engineering services; and commodities purchases. The commission will make a good faith effort to achieve the annual program goals by contracting directly with HUBs/MWBEs or indirectly through subcontracting opportunities. The commission has reviewed the HUB rule in Chapter 11 and determined that the reason for adopting this rule should continue to exist as required by the General Appropriations Act (House Bill 1, 75th Legislature, 1997) and in order to encourage the use of HUB/MWBEs in agency procurements. The commission has identified the need to revise Chapter 11 to adopt more recent GSC rules by reference. Specifically, the commission intends to propose as a formal rulemaking at the close of this review changes to sec.11.1 that adopt by reference the latest GSC rules concerning utilization of HUBs. These changes will be proposed after conclusion of the review of Chapter 11 so that further changes identified in comments and accepted by the commission can be incorporated into the rule revisions. Comments on the commission's review of the rule contained in Chapter 11 may be submitted to Lisa Martin, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 97161-011-AD. Comments must be received by September 14, 1998. For further information, please contact Janie Beltran at (512) 239-1909. TRD-9812100 Kevin McCalla Director, Legal Division Texas Natural Resource Conservation Commission Filed: July 31, 1998 Texas Structural Pest Control Board Title 22, Part XXV The Texas Structural Pest Control Board files this notice of intent to review all sections in Chapters 591 pertaining to General Provisions (sec.sec.591.1- 591.22) and all sections in Chapter 593 pertaining to Licenses (sec.sec.593.1- 593.24) in accordance with the Appropriations Act of 1997. HB1, Article IX, Section 167. The Board will be considering whether the reasons for adopting these rules still exist and whether amendments are needed. The public is invited to make comments on the rules as they stand in the Texas Administrative Code within 30 days following the publication of this notice in the Texas Register. The Board will consider comments received in response to this notice. Any changes to the rules proposed by the Board after reviewing the rules and considering comments received in response to this notice will appear thereafter in the proposed rules section of the Texas Register and will be adopted in accordance with state rulemaking requirements. Comments on the review may be mailed to the Structural Pest Control Board, Attention: Roger B. Borgelt, General Counsel, 1106 Clayton Lane #100LW, Austin, Texas 78723. TRD-9812248 Benny Mathis Executive Director Texas Structural Pest Control Board Filed: August 3, 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 239 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 September 14-15, 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 September 14-15, 1998 Board Meeting. TRD-9812037 Marjorie A. Bronk, R.N. Executive Director Board of Vocational Nurse Examiners Filed: July 30, 1998 Adopted Rule Reviews Texas Education Agency Title 19, Part II The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter AA, Special Education Services, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167, published in the April 24, 1998, issue of the Texas Register (23 TexReg 4073). The TEA finds that the reason for adopting 19 TAC Chapter 89, Subchapter AA, 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 proposed amendments, repeals, and new rules to 19 TAC Chapter 89, Subchapter AA, as published in the April 24, 1998, issue of the Texas Register (23 TexReg 3980). The TEA is still receiving comments on the proposed rules and intends to adopt them at a future date. TRD-9812161 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Filed: August 3, 1998 Texas Department of Insurance Title 28, Part I Pursuant to the notice of proposed rule review published in the Texas Register, 23 TexReg 3289, March 27, 1998, the Texas Department of Insurance has reviewed and considered for readoption, revision or repeal all sections of the following chapters of Title 28, Part I of the Texas Administrative Code, in accordance with the Appropriations Act, section 167: Chapter 1, General Administration; Chapter 5, Property and Casualty Insurance; Chapter 7, Corporate and Financial Regulation; Chapter 8, Early Warning System for Insurers in Hazardous Condition; Chapter 9, Title Insurance; Chapter 13, Miscellaneous Insurance; Chapter 15, Surplus Lines Insurance; Chapter 19, Agents Licensing; and, Chapter 21, Trade Practices. The Texas Department of Insurance considered, among other things, whether the reasons for adoption of these rules continue to exist. TDI received one written comment regarding the review of TDI rules was received. The commenter urged TDI to retain the five sections of Chapter 9, Title Insurance, especially the provisions of Chapter 9 regarding the Basic Manual of Rules, Rates, and Forms for the Writing of Title Insurance in the State of Texas. TDI intends to retain the provisions of Chapter 9. As a result of TDI's review, TDI determined that the reason for adoption of a number of the provisions does not continue to exist. Therefore, TDI plans to propose the repeal of the certain sections in the following chapters of Title 28, Part I: Chapter 1, General Administration; Chapter 5, Property and Casualty Insurance; Chapter 7, Corporate and Financial Regulation; Chapter 15, Surplus Lines Insurance; Chapter 19, Agents Licensing; and, Chapter 21, Trade Practices. The notices of proposed adoption of these repeals will be published in the Texas Register in accordance with the Texas Administrative Procedure Act. Other sections that were reviewed are retained in their present form. However, other sections that were reviewed may be subsequently revised in accordance with TDI's internal procedures. Any such revisions will be accomplished in accordance with the Administrative Procedure Act. TRD-9812012 Bernice Ross Deputy Chief Clerk Texas Department of Insurance Filed: July 29, 1998 Board of Vocational Nurse Examiners Title 22, Part XII In accordance with the Appropriations Act, sec.167, the Board of Vocational Nurse Examiners reviewed 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. The Board readopted all rules in Chapter 233 with the exception of the following rules will be amended and proposed amendments published in a future issue of the Texas Register: sec.sec.233.1, 233.12, 233.14, 233.16, 233.18, 233.19, 233.21, 233.23, 233.24, 233.26, 233.28, 233.41, 233.72, 233.73, 233.74, 233.84 and 233.85. Comments on the review may be submitted to Marjorie A. Bronk, Executive Director, Board of Vocational Nurse Examiners, 333 Guadalupe, Suite 3-400, Austin, Texas 78701. TRD-9812036 Marjorie A. Bronk, R.N. Executive Director Board of Vocational Nurse Examiners Filed: July 30, 1998