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 Education Agency Title 19, Part II The Texas Education Agency (TEA) proposes the review of 19 TAC Chapter 61, School Districts, Subchapter A, Board of Trustees Relationship, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, Section 167. As required by Section 167, the TEA will accept comments as to whether the reason for adopting 19 TAC Chapter 61, Subchapter A, continues to exist. The comment period will last for 30 days beginning with the publication of this notice. Comments or questions regarding this rule review may be submitted to Criss Cloudt, Policy Planning and Research, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 463-9701, or electronically to rules@tmail.tea.state.tx.us. TRD-9814481 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Filed: September 14, 1998 The Texas Education Agency (TEA) proposes the review of 19 TAC Chapter 61, School Districts, Subchapter AA, Commissioner's Rules, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, Section 167. Chapter 61, Subchapter AA, contains rules relating to county education districts and school finance. As required by Section 167, the TEA will accept comments as to whether the reason for adopting 19 TAC Chapter 61, Subchapter AA, continues to exist. The comment period will last for 30 days beginning with the publication of this notice. Comments or questions regarding this rule review may be submitted to Criss Cloudt, Policy Planning and Research, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 463-9701, or electronically to rules@tmail.tea.state.tx.us. TRD-9814482 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Filed: September 14, 1998 The Texas Education Agency (TEA) proposes the review of 19 TAC Chapter 61, School Districts, Subchapter BB, Commissioner's Rules on Reporting Requirements, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, Section 167. As required by Section 167, the TEA will accept comments as to whether the reason for adopting 19 TAC Chapter 61, Subchapter BB, continues to exist. The comment period will last for 30 days beginning with the publication of this notice. Comments or questions regarding this rule review may be submitted to Criss Cloudt, Policy Planning and Research, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 463-9701, or electronically to rules@tmail.tea.state.tx.us. TRD-9814483 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Filed: September 14, 1998 The Texas Education Agency (TEA) proposes the review of 19 TAC Chapter 61, School Districts, Subchapter CC, Commissioner's Rules Concerning School Facilities, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, Section 167. As required by Section 167, the TEA will accept comments as to whether the reason for adopting 19 TAC Chapter 61, Subchapter CC, continues to exist. The comment period will last for 30 days beginning with the publication of this notice. Comments or questions regarding this rule review may be submitted to Criss Cloudt, Policy Planning and Research, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 463-9701, or electronically to rules@tmail.tea.state.tx.us. TRD-9814484 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Filed: September 14, 1998 The Texas Education Agency (TEA) proposes the review of 19 TAC Chapter 61, School Districts, Subchapter DD, Commissioner's Rules Concerning Missing Child Prevention and Identification Programs, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, Section 167. As required by Section 167, the TEA will accept comments as to whether the reason for adopting 19 TAC Chapter 61, Subchapter DD, continues to exist. The comment period will last for 30 days beginning with the publication of this notice. Comments or questions regarding this rule review may be submitted to Criss Cloudt, Policy Planning and Research, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 463-9701, or electronically to rules@tmail.tea.state.tx.us. TRD-9814485 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Filed: September 14, 1998 The Texas Education Agency (TEA) proposes the review of 19 TAC Chapter 75, Curriculum, Subchapter BB, Commissioner's Rules Concerning Special Provisions for Career and Technology Education, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, Section 167. As required by Section 167, the TEA will accept comments as to whether the reason for adopting 19 TAC Chapter 75, Subchapter BB, continues to exist. The comment period will last for 30 days beginning with the publication of this notice. Comments or questions regarding this rule review may be submitted to Criss Cloudt, Policy Planning and Research, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 463-9701, or electronically to rules@tmail.tea.state.tx.us. TRD-9814486 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Filed: September 14, 1998 The Texas Education Agency (TEA) proposes the review of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter B, Adult Basic and Secondary Education, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, Section 167. As required by Section 167, the TEA will accept comments as to whether the reason for adopting 19 TAC Chapter 89, Subchapter B, continues to exist. The comment period will last for 30 days beginning with the publication of this notice. Comments or questions regarding this rule review may be submitted to Criss Cloudt, Policy Planning and Research, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 463-9701, or electronically to rules@tmail.tea.state.tx.us. TRD-9814487 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Filed: September 14, 1998 The Texas Education Agency (TEA) proposes the review of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter C, General Educational Development, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, Section 167. As required by Section 167, the TEA will accept comments as to whether the reason for adopting 19 TAC Chapter 89, Subchapter C, continues to exist. The comment period will last for 30 days beginning with the publication of this notice. Comments or questions regarding this rule review may be submitted to Criss Cloudt, Policy Planning and Research, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 463-9701, or electronically to rules@tmail.tea.state.tx.us. TRD-9814488 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Filed: September 14, 1998 The Texas Education Agency (TEA) proposes the review of 19 TAC Chapter 89, Adaptations for Special Populations, Subchapter BB, Commissioner's Rules Concerning State Plan for Educating Limited English Proficient Students, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, Section 167. As required by Section 167, the TEA will accept comments as to whether the reason for adopting 19 TAC Chapter 89, Subchapter BB, continues to exist. The comment period will last for 30 days beginning with the publication of this notice. Comments or questions regarding this rule review may be submitted to Criss Cloudt, Policy Planning and Research, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 463-9701, or electronically to rules@tmail.tea.state.tx.us. TRD-9814489 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Filed: September 14, 1998 The Texas Education Agency (TEA) proposes the review of 19 TAC Chapter 161, Advisory Committees, Subchapter AA, Commissioner's Rules, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, Section 167. As required by Section 167, the TEA will accept comments as to whether the reason for adopting 19 TAC Chapter 161, Subchapter AA, continues to exist. The comment period will last for 30 days beginning with the publication of this notice. Comments or questions regarding this rule review may be submitted to Criss Cloudt, Policy Planning and Research, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 463-9701, or electronically to rules@tmail.tea.state.tx.us. TRD-9814490 Criss Cloudt Associate Commissioner, Policy Planning and Research Texas Education Agency Filed: September 14, 1998 Texas State Board of Pharmacy Title 22, Part XV The Texas State Board of Pharmacy proposes to review Chapter 281. General Provisions, sec.sec.281.1 - 281.80 in accordance with the Appropriations Act, sec.167. In conjunction with this review, the agency proposes the repeal of sec.sec.281.1 - 281.80 and simultaneously proposes new sec.sec.281.1 - 281.58 concerning administrative practice and procedure. A complete revision of Chapter 281 is necessary, due in part to the newly adopted State Office of Administrative Hearings rules and to efforts to streamline administrative procedures. Even though the agency is repealing and simultaneously proposing new rules, the agency's reasons for adopting the rules in this area continues to exist. The proposed repeal and simultaneous proposal of new rules is published in the Proposed Rule Section of this Texas Register Comments on the proposal may be submitted to Gay Dodson, R.Ph., Executive Director, Texas State Board of Pharmacy, 333 Guadalupe Street, Austin, Texas 78701. TRD-9814466 Gay Dodson, R.Ph. Executive Director/Secretary Texas State Board of Pharmacy Filed: September 14, 1998 The Texas State Board of Pharmacy proposes to review Chapter 301. Fraud, Deceit, and Misrepresentation in the Practice of Pharmacy, sec.309.1 in accordance with the Appropriations Act, sec.167. The agency's reason for adopting the rules contained in this chapter continues to exist. Comments on the proposal may be submitted to Gay Dodson, R.Ph., Executive Director, Texas State Board of Pharmacy, 333 Guadalupe Street, Austin, Texas 78701. TRD-9814468 Gay Dodson Executive Director/Secretary Texas State Board of Pharmacy Filed: September 14, 1998 The Texas State Board of Pharmacy proposes to review Chapter 311. Code of Conduct, sec.sec.311.1 - 311.2 in accordance with the Appropriations Act, sec.167. The agency's reason for adopting the rules contained in this chapter continues to exist. Comments on the proposal may be submitted to Gay Dodson, R.Ph., Executive Director, Texas State Board of Pharmacy, 333 Guadalupe Street, Austin, Texas 78701. TRD-9814467 Gay Dodson, R.Ph. Executive Director/Secretary Texas State Board of Pharmacy Filed: September 14, 1998 Texas Real Estate Commission Title 22, Part XXIII The Texas Real Estate Commission proposes to review all sections in Chapter 537 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. TRD-9814626 Mark A. Moseley General Counsel Texas Real Estate Commission Filed: September 15, 1998 Adopted Rule Review Texas Veterinary Medical Diagnostic Laboratory Title 4, Part IX Texas Veterinary Medical Diagnostic Laboratory (TVMDL) proposes to re-adopt Chapter 162, Pullorum Disease and Fowl Typhoid Program Rules, in accordance with the appropriations Act, 167. The agency's reasons for adopting the rules contained in this chapter continue to exist. Comments on the proposals may be submitted to Dr. Konrad Eugster, Associate Vice Chancellor of Agriculture, TVMDL, P.O. Drawer 3040, College Station, TX 77841- 3040, FAX (409) 845-1794, or by e-mail to keugster@tvmdl.tamu.edu. TRD-9814567 Dr. A. Konrad Eugster Associate Vice Chancellor of Agriculture Texas Veterinary Medical Diagnostic Laboratory Filed: September 15, 1998