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 Department of Insurance Title 28, Part I Filed: May 22, 1998 Advisory Commission on State Emergency Communications (ACSEC) Title 1, Part XII Filed: July 17, 1998 Texas State Board of Examiners of Perfusionists Title 22, Part XXXIII Filed: July 17, 1998 Texas Department of Mental Health and Mental Retardation Title 25, Part II Filed: July 17, 1998 State Securities Board Title 7, Part VII Filed: July 23, 1998 Advisory Board of Athletic Trainers Title 25, Part I Filed: July 24, 1998 Teacher Retirement System of Texas Title 34, Part III Filed: July 24, 1998 Texas Bond Review Board Title 34, Part IX Filed: July 24, 1998 Texas Board of Pardons and Paroles Title 37, Part V Filed: July 27, 1998 Texas Department of Health Title 25, Part I Filed: July 28, 1998 Statewide Health Coordinating Council Title 25, Part VI Filed: July 28, 1998 Texas Medical Disclosure Panel Title 25, Part VII Filed: July 28, 1998 Toxic Substances Coordinating Committee Title 25, Part XIV Filed: July 28, 1998 Texas Health Care Information Council Title 25, Part XVI Filed: July 28, 1998 State Preservation Board Title 13, Part VII Filed: July 29, 1998 Texas State Board of Plumbing Examiners Title 22, Part XVII Filed: July 29, 1998 Texas Diabetes Council Title 25, Part IX Filed: July 29, 1998 General Land Office Title 31, Part I Filed: July 31, 1998 Comptroller of Public Accounts Title 34, Part I Filed: July 31, 1998 Texas Commission on Law Enforcement Officer Standards and Education Title 37, Part VII Filed: July 31, 1998 Veterans Land Board Title 40, Part V Filed: July 31, 1998 Office of the Attorney General Title 1, Part III Filed: August 3, 1998 Texas Council on Alzheimer's Disease and Related Disorders Title 25, Part XII Filed: August 3, 1998 Texas Parks and Wildlife Department Title 31, Part II Filed: August 3, 1998 Texas Board of Architectural Examiners Title 22, Part I Filed: August 4, 1998 State Board of Barber Examiners Title 22, Part II Filed: August 4, 1998 Office of the State Entomologist Title 4, Part IV Filed: August 5, 1998 Texas Commission on Alcohol and Drug Abuse Title 40, Part III Filed: August 5, 1998 State Pension Review Board Title 40, Part XVII Filed: August 5, 1998 Texas Department of Housing and Community Affairs Title 10, Part I Filed: August 7, 1998 Texas Board of Private Investigators and Private Security Agencies Title 22, Part XX Filed: August 7, 1998 Texas County and District Retirement System Title 34, Part V Filed: August 7, 1998 Texas Department of Transportation Title 43, Part I Filed: August 7, 1998 Texas Higher Education Coordinating Board Title 19, Part I Filed: August 10, 1998 Children's Trust Fund of Texas Council Title 40, Part VIII Filed: August 10, 1998 Records Management Interagency Coordinating Council Title 13, Part IV Filed: August 11, 1998 Proposed Rule Reviews Texas Animal Health Commission Title 4, Part II In accordance with Section 167 of the Appropriations Act, the Texas Animal Health Commission proposes to review Chapter 34, Veterinary Biologics. As part of the review process, the Commission is proposing to amend the following sec.sec.34.1- 34.2 The Commission's reason for adopting these sections continues to exist. The proposed changes will be published for comment in the Texas Register at a later date. Comments on the proposals may be submitted to Kathryn A. Reed, General Counsel, Texas Animal Health Commission, P.O. Box 12966, Austin, Texas 78711-2966, kreed@tahc.state.tx.us. TRD-9812661 Kathryn A. Reed General Counsel Texas Animal Health Commission Filed: August 11, 1998 Texas Commission on Fire Protection Title 37, Part XIII The Texas Commission on Fire Protection will review and consider for readoption sections of Chapter 491, Voluntary Regulation of State Agencies and State Agency Employees, of Title 37, Part XIII of the Texas Administrative Code, in accordance with the General Appropriations Act, Article IX, sec.167. Specifically, the following sections of Chapter 491 shall be reviewed: sec.491.1 Election of Components for Voluntary Regulation; sec.491.3 Documentation; sec.491.5 Notification; and sec.491.7 Certification. As part of this review process, the commission is proposing the amendment of sec.491.1. The proposed amendment may be found in the Proposed Rules section of the Texas Register. As required by sec.167, the Texas Commission on Fire Protection will consider, among other things, whether the reasons for adoption of these rules continue to exist. The comment period will last for 30 days beginning with the publication of this notice of intention to review. Any questions pertaining to this notice of intention to review should be directed to Thomas R. Thompson, General Counsel, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas 78768-2286 or e-mail to tcfp@mail.capnet.state.tx.us. TRD-9812520 Thomas R. Thompson General Counsel Texas Commission on Fire Protection Filed: August 7, 1998 The Texas Commission on Fire Protection will review and consider for readoption sections of Chapter 493, Voluntary Regulation of Federal Agencies and Federal Agency Employees, of Title 37, Part XIII of the Texas Administrative Code, in accordance with the General Appropriations Act, Article IX, sec.167. Specifically, the following sections of Chapter 493 shall be reviewed: sec.493.1 Election of Components for Voluntary Regulation; sec.493.3 Documentation; sec.493.5 Notification; and sec.493.7 Certification. As part of this review process, the commission is proposing the amendment of sec.493.1. The proposed amendment may be found in the Proposed Rules section of the Texas Register. As required by sec.167, the Texas Commission on Fire Protection will consider, among other things, whether the reasons for adoption of these rules continue to exist. The comment period will last for 30 days beginning with the publication of this notice of intention to review. Any questions pertaining to this notice of intention to review should be directed to Thomas R. Thompson, General Counsel, Texas Commission on Fire Protection, P. O. Box 2286, Austin, Texas 78768-2286 or e-mail to tcfp@mail.capnet.state.tx.us. TRD-9812519 Thomas R. Thompson General Counsel Texas Commission on Fire Protection Filed: August 7, 1998 General Land Office Title 31, Part I The General Land Office (GLO) submits this Notice of Intent to Review the chapter referenced relating to the natural resources damage assessment rules, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, sec.167. The GLO intends to complete the review of these rules by August 31, 1999. Any comments and/or questions pertaining to this Notice of Intent to Review should be directed to Ms. Carol Milner, Texas Register Liaison, General Land Office, 1700 North Congress Avenue, Room 626, Austin, Texas 78701-1495 or to facsimile (512) 463-6311. TRD-9812627 Garry Mauro Commissioner General Land Office Filed: August 10, 1998 Texas Racing Commission Title 16, Part VIII The Texas Racing Commission files this notice of intention to review Chapter 319. Veterinary Practices and Drug Testing in accordance with Chapter 1275, Acts of the 75th Legislature, 1997, sec.55 and the General Appropriations Act, Article IX, Acts of the 75th Legislature, 1997, sec.167 (167). As part of this process, the Commission is proposing amendments to sec.sec.319.1, 319.5, 319.8, 319.10, 319.11, 319.13, 319.14, 319.101, 319.105, 319.111, 319.201, 319.204, 319.302, 319.303, 319.331, 319.332, 319.334, 319.336, 319.361, 319.363 and sec.319.391. The Commission is proposing the repeal of sec.sec.319.103, 319.304, 319.309 and sec.319.365. The Commission is proposing the adoption of new rule sec.319.304. The proposed amendments, new rule and repeals may be found in the Proposed Rules section of the Texas Register. The commission will accept comments (sec.167 requirement) as to whether the reason for adopting this section continues to exist in the comments filed on the proposed amendment. The commission is not proposing changes to sec.sec.319.6, 319.7, 319.9, 319.12, 319.15 319.102, 319.104, 312.112, 319.202, 319.203, 319.301, 319.333, 319.337, 319.364. Comments regarding (sec.167 requirement) as to whether the reason for adopting these sections continues to exist may be submitted on or before September 20, 1998, to Roselyn Marcus, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711-2080. Any questions pertaining to this notice of intention to review should be directed to Roselyn Marcus, General Counsel for the Texas Racing Commission, P.O. Box 12080, Austin, Texas 78711-2080 or telephone (512)833-6699. TRD-9812585 Roselyn Marcus General Counsel Texas Racing Commission Filed: August 10, 1998 Railroad Commission of Texas Title 16, Part I The Railroad Commission of Texas proposes to readopt the following rules in accordance with the requirements of Article IX, section 167 of the 1997-98 General Appropriations Act (HB 1, 75th Legislature, Regular Session): Sections 15.1, 15.3, 15.5, 15.41, 15.45, 15.50, 15.55, 15.60, 15.65, 15.70, 15.75, 15.80, 15.85, 15.90, 15.95, and 15.100 relating to general rules of practice and procedure; Section 15.30 relating to the Propane Alternative Fuels Advisory Committee; Sections 15.101, 15.105, 15.110, 15.115, 15.120, 15.125, 15.130, 15.135, 15.140, 15.145, 15.150, 15.152, 15.155, 15.160, and 15.165 relating to the propane consumer rebate program; Sections 15.201, 15.205, 15.210, 15.215, 15.220, 15.225, 15.230, 15.235, 15.240, and 15.245 relating to the media rebate program; Sections 15.301, 15.305, 15.310, 15.315, 15.320, 15.325, 15.330, 15.335, 15.340, 15.345, and 15.350, relating to the highway signage rebate program; and Sections 15.401, 15.405, 15.410, 15.415, 15.420, 15.425, 15.430, 15.435, 15.440, 15.445, 15.450, and 15.455, relating to the manufactured housing incentive program. The agency's reasons for adopting these rules continue to exist. Comments on the proposal may be submitted to Kellie Martinec, Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967. Comments will be accepted for 30 days after publication of this notice in the Texas Register. TRD-9812776 Mary Ross McDonald Deputy General Counsel, Office of General Counsel Railroad Commission of Texas Filed: August 12, 1998 Adopted Rule Review Texas Animal Health Commission Title 4, Part II The Texas Animal Health Commission (TAHC) has completed the review of Chapter 32, Hearing and Appeal Procedures; and Chapter 59, General Practice and Procedure. Pursuant to the requirements of sec.167 of the Appropriations Act the commission readopts the following: sec.sec.32.6, 59.1, 59.4, 59.5, 59.7. The commission received no comments as to whether the reason for adopting the rules continues to exist. TAHC finds that the reason for adopting these rules continues to exist. As part of this review process, TAHC proposed amendments to the following sections as published in the Texas Register on June 26, 1998. The proposed amendments are sec.sec.32.1, 32.2, 32.5, 59.2, 59.3, 59.6. TAHC received no comments on the proposed amendments. TAHC finds that the reason for adopting these rules continues to exist. As part of the review process, TAHC proposed to repeal the following sections as published in the Texas Register on May 1, 1998. The proposed repeals are sec.sec.32.3, 32.4. TAHC received no comments on the proposed repeals. TRD-9812662 Kathryn A. Reed General Counsel August 11, 1998 Filed: August 11, 1998