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 Reviews State Office of Administrative Hearings Title 1, Part VII The State Office of Administrative Hearings (SOAH) files this notice of intention to review Chapter 159, concerning administrative license suspension hearings, commonly known as the Administrative License Revocation (ALR) Program, 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. 159.5, 159.7, 159.11, 159.13, 159.15, 159.17, 159.19, 159.21, 159.23, and 159.25, 159.27, 159.29, 159.33, 159.35, 159.37, 159.39, and 159.41. In addition to this review process, SOAH is proposing a new section, sec. 159.4 Computation of Time. The new section is proposed to provide a time guideline for anyone that files documents or is taking other actions under this Chapter. The proposed amendments and new rule 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. 159.1, 159.3, or 159.31. 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 159 continues to exist may be submitted to Debra Anderson, Legal Assistant, State Office of Administrative Hearings, 300 West 15th St., 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) 936-0770. TRD-9813707 Amalija J. Hodgins Deputy Chief Administrative Law Judge State Office of Administrative Hearings Filed: August 28, 1998 Texas Alcoholic Beverage Commission Title 16, Part III The Texas Alcoholic Beverage Commission files its notice of intention to review its rules contained in Title 16, Texas Administrative Code, Chapter 31, governing administration functions of the commission. This review is conducted pursuant to Appropriations Act, 1997, House Bill 1, Article IX, sec.167. The commission will receive comments on whether the need for any rule contained within this chapter still exists and whether any of these rules require amendment. Amendments or repeal of existing rules proposed by the commission will appear in the proposed rules section of the Texas Register and will be acted on in accordance with normal state rule making procedures. Comments may be directed to Lou Bright, General Counsel, Texas Alcoholic Beverage Commission, P. O. Box 13127, Austin, Texas 78711. TRD-9813686 Doyne Bailey Administrator Texas Alcoholic Beverage Commission Filed: August 28, 1998 The Texas Alcoholic Beverage Commission files its notice of intention to review its rules contained in Title 16, Texas Administrative Code, Chapter 33, governing licensing functions of the commission. This review is conducted pursuant to Appropriations Act, 1997, House Bill 1, Article IX, sec.167. The commission will receive comments on whether the need for any rule contained within this chapter still exists and whether any of these rules require amendment. Amendments or repeal of existing rules proposed by the commission will appear in the proposed rules section of the Texas Register and will be acted on in accordance with normal state rule making procedures. Comments may be directed to Lou Bright, General Counsel, Texas Alcoholic Beverage Commission, P. O. Box 13127, Austin, Texas 78711. TRD-9813687 Doyne Bailey Administrator Texas Alcoholic Beverage Commission Filed: August 28, 1998 Automobile Theft Prevention Authority Title 43, Part III In accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature, the Automobile Theft Prevention Authority proposes to review the entirety of its rules under Title 43 of the Texas Administrative Code for re- adoption, repeal, or amendment beginning September 1, 1998, through May 31, 1999. The rules to be reviewed are located at Title 43 of the Texas Administrative Code, Chapter 57, Automobile Theft Prevention Authority. Comments pertaining to this notice of intention to review may be directed to Agustin De La Rosa, Director, Automobile Theft Prevention Authority, 200 East Riverside Drive, Austin, Texas 78704, for a period of 30 days following publication in this issue of the Texas Register. TRD-9813827 Agustin De La Rosa Director Automobile Theft Prevention Authority Filed: August 31, 1998 Texas Board of Chiropractic Examiners Title 22, Part III The Texas Board of Chiropractic Examiners proposed to readopt Chapter 73. Texas Board of Chiropractic Examiners in accordance with the Appropriations Act, section 167. The agency's reason for adopting the rules contained in this chapter continues to exist. Comments on the proposals may be submitted to Joyce Kershner, Director of Licensure, Texas Board of Chiropractic Examiners, 333 Guadalupe, Tower III, Suite 825, Austin, Texas 78701, (512)305-6709. TRD-9813597 Gary K. Cain, Ed.D. Executive Director Texas Board of Chiropractic Examiners Filed: August 26, 1998 Interagency Council on Early Childhood Intervention Title 25, Part VIII The Interagency Council on Early Childhood Intervention (ECI) proposes to review the following sections from Chapter 621 pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167: sec.621.1 sec.621.2 sec.621.3 sec.621.5 sec.621.61 sec.621.62 sec.621.63 sec.621.64 The ECI is contemporaneously proposing amendments to sec.sec.621.1-621.3, 621.5, 621.61 and 621.63 elsewhere in this issue of the Texas Register. Comments on the review of these proposed rules may be submitted to Alex Porter, General Counsel, Interagency Council on Early Childhood Intervention, 4900 North Lamar Boulevard, Austin, Texas 78751-2399. TRD-9813719 Donna Samuelson Deputy Executive Director Interagency Council on Early Childhood Intervention Filed: August 28, 1998 Texas Board of Professional Land Surveying Title 22, Part XXIX The Texas Board of Professional Land Surveying proposes to review Chapter 664, Continuing Education, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167. Comments on the review of this chapter may be submitted to Sandy Smith, Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752. TRD-9813777 Sandy Smith Executive Director Texas Board of Professional Land Surveying Filed: August 31, 1998 Texas State Board of Examiners of Psychologists Title 22, Part XXI The Texas State Board of Examiners of Psychologists commenced its review of Chapter 465. Rules of Practice, sec.465.33 and sec.465.36, in accordance with the Appropriations Act, Section 167, at its July 30-31, 1998, Board meeting. It was the decision of the Board to continue this review process at its next regularly scheduled meeting on September 10-11, 1998. Comments on the review may be submitted to Janice Alvarez, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas 78701. TRD-9813709 Sherry L. Lee Executive Director Texas State Board of Examiners of Psychologists Filed: August 28, 1998 Public Utility Commission of Texas Title 16, Part II The Public Utility Commission of Texas files this notice of intention to review Procedural Rules, Subchapter F (relating to Parties), sec.sec.22.101 relating to Representative Appearances; 22.102 relating to Classification of Parties; 22.103 relating to Standing to Intervene; 22.104 relating to Motions to Intervene; and 22.105 relating to Alignment of Parties pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167 (Section 167). Project Number 17709 has been assigned to this proceeding. As part of this review process, the commission is proposing an amendment to sec.sec.22.102, 22.103 and 22.105. The proposed amendments may be found in the Proposed Rules section of the Texas Register. The commission will accept comments on the Section 167 requirement as to whether the reason for adopting these sections continues to exist in the comments filed on the proposed amendment. The commission is not proposing any changes to sec.22.101 and sec.22.104. Comments regarding the Section 167 requirement as to whether the reason for adopting these sections continues to exist may be submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 N. Congress Avenue, P. O. Box 13326, Austin, Texas 78711-3326 within 30 days after publication of this notice of intention to review. All comments should refer to Project Number 17709. 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. TRD-9813651 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: August 27, 1998 Texas Department of Transportation Title 43, Part 1 The Texas Department of Transportation files this notice of intention to review Title 43, TAC, Part I, Chapter 30 (relating to Aviation) in accordance with the General Appropriations Act of 1997, House Bill 1, Article IX, sec.167. As required by sec.167, the department will accept comments regarding whether the reason for adopting each of the rules in Chapter 30 continues to exist. The comment period will last 30 days beginning with the publication of this notice of intention to review. Comments or questions regarding this rule review may be submitted in writing to Bob Jackson, Acting General Counsel, Texas Department of Transportation, 125 E. 11th Street, Austin, Texas 78701-2483, or at (512) 463-8630. TRD-9813621 Bob Jackson Acting General Counsel Texas Department of Transportation Filed: August 26, 1998 Adopted Rule Reviews Texas Board of Professional Land Surveying Title 22, Part XXIX The Texas Board of Professional Land Surveying adopts the review of Chapter 663, Standards of Responsibility and Rules of Conduct, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167, published in the April 17, 1998, issue of the Texas Register (23 TexReg 3883). The Texas Board of Professional Land Surveying finds that the reason for adopting Chapter 663, Standards of Responsibility and Rules of Conduct, continues to exist. As a result of the review process, the Texas Board of Professional Land Surveying proposed amendments to the following sections: sec.sec.663.5, 663.7, 663.10, 663.16, 663.17 and 663.19. Comments suggested that the sections be amended to provide clarification. The board agreed with the comments and has provided clarification. The proposed amendments were published in the July 17, 1998, issue of the Texas Register (23 TexReg 7326). The adopted amendments are published contemporaneously in this issue of the Texas Register. The Texas Board of Professional Land Surveying concludes the review of Chapter 663, Standards of Responsibility and Rules of Conduct. TRD-9813776 Sandy Smith Executive Director Texas Board of Professional Land Surveying Filed: August 31, 1998 Texas State Board of Examiners of Psychologists Title 22, Part XXI The Texas State Board of Examiners of Psychologists (TSBEP) adopts the review of 22 TAC Chapter 467, Announcements and Listings, 22 TAC Chapter 469, Specialty Certification, 22 TAC Chapter 471, Renewals, and 22 TAC Chapter 473, Fees, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167, published in the May 29, 1998, issue of the Texas Register (23 TexReg 5742). The TSBEP received no comments related to the rule review requirement as to whether the reason for adopting the rules continues to exist. As the result of its review process, the TSBEP adopts amendments to sec.469.1, sec.471.1-471.2, sec.471.4-471.5 and sec.473.1-473.5. The adopted amendments may be found in the Adopted Rules section of the August 21, 1998, issue of the Texas Register. The Board does not readopt and is repealing sec.467.1, sec.471.3 and sec.473.6 in the August 21, 1998, issue of the Texas Register. The Board finds that the reasons for adopting the remaining rules, sec.467.2, sec.473.7 and sec.473.8, continues to exist and readopts these rules. TRD-9813710 Sherry L. Lee Executive Director Texas State Board of Examiners of Psychologists Filed: August 28, 1998