Part I.
Texas Department of Public Safety
Chapter 13.
Controlled Substances and Precursor/Apparatus Rules and Regulations
Subchapter B. Registration
37 TAC §13.21
(Editor's Note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices
of the Texas Department of Public Safety or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Public Safety proposes the
repeal of §13.21, concerning Expiration Date for the Respective Specialties
or Business Activities. The section is proposed for repeal with simultaneous
proposal of new §13.21 which changes the title of the section and staggers
expiration dates of registrants over an 11-month period to balance the workload
of the agency.
Tom Haas, Chief of Finance, has determined that for the first five years
the repeal is in effect, there will be no fiscal implications for state or
local governments as a result of enforcing or administering the repeal. There
will be no effect on local employment or the local economy.
Mr. Haas also has determined that for each year of the first five years
the repeal is in effect the public benefit anticipated as a result of enforcing
the repeal will be the extension of some registrants' expiration dates during
the one year period of transition. There is no anticipated economic cost
to individuals who are required to comply with the proposed repeal. There
is no anticipated cost to large or small businesses.
Comments on the repeal may be submitted to John C. West, Jr., Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas
78773-0001, (512) 424-2890.
The repeal is proposed pursuant to the Health and Safety Code,
Chapter 481, Texas Controlled Substances Act, §481.064(a), which states
the director may adopt reasonable rules.
The Health and Safety Code, Chapter 481, Texas Controlled Substances Act,
§481.064(a) is affected by this proposal.
§13.21. Expiration Date for the Respective Specialties or Business Activities.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's authority to
adopt.
Issued in Austin, Texas, on December 16, 1996.
TRD-9618404
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 424-2890
The Texas Department of Public Safety
proposes new §13.21, concerning Expiration Date. New §13.21 states
that a certificate of registration will expire on the last day of the twelfth
month following the month of issuance and may be extended for a period of
up to eleven months as determined by the department.
Tom Haas, Chief of Finance, has determined that for the first five year
period the rule is in effect there will be fiscal implications to state government.
Fiscal impact to state government as a result of a one-time special mailing
to approximately 50,000 registrants will be $13,710.00. There will be no
fiscal implications for local government.
Mr. Haas also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be the extension of some registrants' expiration dates during
the one-year period of transition. There is no anticipated cost to persons
who are required to comply with the section as proposed. There are no anticipated
economic costs to small or large businesses.
Comments on the proposal may be submitted to John C. West, Jr., Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas
78773-0001, (512) 424-2890.
The new section is proposed pursuant to the Health and Safety
Code, Chapter 481, Texas Controlled Substances Act, §481.064(a) which
states the director may adopt reasonable rules.
The Health and Safety Code, Chapter 481, Texas Controlled Substances Act,
§481.064(a) is affected by this proposal.
§13.21. Expiration Date.
(a)
Except as provided by subsection (b) of this section, a
certificate of registration shall expire on the last day of the twelfth month
following the month of issuance indicated on the certificate.
(b)
A certificate of registration issued by the department
may be extended for a period of up to eleven months if the department determines
the extension is necessary to evenly allocate expiration dates.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 16, 1996.
TRD-9618403
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 424-2890
37 TAC §13.106
The Texas Department of Public Safety proposes an amendment
to §13.106, concerning exceptions to use of triplicate prescription
forms. The amendment adds new subsection (d) which exempts therapeutic optometrists,
who possess and administer cocaine eye drops, from having to issue triplicate
prescription forms as required under the Health and Safety Code, Chapter
481, Texas Controlled Substances Act, §481.075, Triplicate Prescription
Program.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rule is in effect there will be no fiscal implications
as a result of enforcing or administering the rule. There will be no fiscal
implications for state or local government as a result of enforcing or administering
the rule.
Mr. Haas also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be less government regulation of therapeutic optometrists'
possession and administering cocaine eye drops for diagnostic purposes. There
are no anticipated economic costs to persons who are required to comply with
the section as proposed. There are no anticipated economic costs to small
or large businesses.
Comments on the proposal may be submitted to John C. West, Jr., Chief of
Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas
78773-0001, (512) 424-2890.
The amendment is proposed pursuant to the Health and Safety Code,
Chapter 481, Texas Controlled Substances Act, §481.064(a) which states
the director may adopt reasonable rules.
The Health and Safety Code, Chapter 481, Texas Controlled Substances Act,
§481.064(a) is affected by this proposal.
§13.106. Exceptions to Use of Triplicate Prescription Forms.
(a)-(c)
(No change.)
(d)
A
triplicate prescription is not required when a therapeutic optometrist administers
a topical ocular pharmaceutical agent in compliance with the Texas Optometry
Act (the Act) or a rule adopted by the Texas Optometry Board under the authority
of the Act.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 16, 1996.
TRD-9618405
Dudley M. Thomas
Director
Texas Department of Public Safety
Earliest possible date of adoption: February 3, 1997
For further information, please call: (512) 424-2890
Chapter 211.
Administration
22 TAC §211.77, §211.78
(Editor's Note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Commission on Law Enforcement Officer Standards and Education
or in the Texas Register office, Room 245, James Earl Rudder Building, 1019
Brazos Street, Austin.)
The Texas Commission on Law Enforcement Officer
Standards and Education ("commission") proposes the repeal of §§211.77
and 211.78, concerning minimum training standards for peace officers and
county jailers. A reorganization plan for the Commission's rules, which was
developed by staff in response to concerns that the rules had become too
complex, disorganized and difficult to understand, was proposed by staff,
discussed by the Commission's Ad Hoc Rules Committee and considered during
the drafting of a number of new rules over the last year. Included in the
reorganization plan is a schedule developed by staff for renumbering certain
sections as a way to more clearly label specific topics and to more fully
utilize the chapter numbers available in the Texas Administrative Code for
the Commission's rules. New sections §§217.77 and 217.78, proposed
in this issue of the
Texas Register
, will
replace §§211.77 and 211.78.
D. C. Jim Dozier, Executive Director of the commission, has determined
that for the first five-year period that the repeals are in effect, there
will be no fiscal implications for state or local government as a result
of the repeal of these sections.
Mr. Dozier also has determined that for each year of the first five years
the repeals are in effect, the public benefit anticipated as a result will
be better understanding on the part of the law enforcement community of the
training standards for peace officer and jailer licenses. There will be no
effect on small businesses. There is no anticipated increase in economic
cost to individuals who are required to comply.
Wirtten comments should be submitted to D. C. Jim Dozier, Executive Director,
Texas Commission on Law Enforcement Officer Standards and Education, 6330
U. S. Highway 290 East, Suite 200, Austin, Texas 78723 or by facsimile to
(512) 406-3614.
The repeals are proposed under Texas Government Code Annotated,
Chapter 415, §415.010, which authorizes the commission to promulgate
rules for the administration of Chapter 415; under §415.031, which requires
the commission to establish and maintain training programs for officers and
county jailers; and under §415.032, which requires the commission to
establish minimum curriculum requirements for preparatory courses and programs.
The following statutes are affected by the proposed repeals: Texas Government
Code Annotated, Chapter 415, §415.010. General Powers.
§211.77. Minimum Training Standards for Peace Officers.
§211.78.. Minimum Training Standards for Jailers.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's authority to
adopt.
Issued in Austin, Texas, on December 19, 1996.
TRD-9618442
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: March 7, 1997
For further information, please call: (512) 450-0188
37 TAC §211.96
(Editor's Note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices
of the Texas Commission on Law Enforcement Officer Standards and Education
or in the Texas Register office, Room 245, James Earl Rudder Building, 1019
Brazos Street, Austin.)
The Texas Commission on Law Enforcement Officer
Standards and Education ("Commission") proposes the repeal of §211.96,
concerning reactivation of peace officer licenses. A reorganization plan
for the Commission's rules, which was developed by staff in response to concerns
that the rules had become too complex, disorganized and difficult to understand,
was proposed by staff, discussed by the Commission's Ad Hoc Rules Committee
and considered during the drafting of a number of new rules over the last
year. Included in the reorganization plan is a schedule developed by staff
for renumbering certain sections as a way to more clearly label specific
topics and to more fully utilize the chapter numbers available in the Texas
Administrative Code for the Commission's rules. New section §217.96,
proposed in this issue of the
Texas Register
,
will replace §211.96.
D. C. Jim Dozier, Executive Director of the commission, has determined
that for the first five-year period that the repeal is in effect, there will
be no fiscal implications for state or local government.
Mr. Dozier also has determined that for each year of the first five years
the repeal is in effect, the public benefit anticipated as a result will
be more fair and efficient administration of reactivation procedures for
peace officers, an improvement in the professionalism of non-commissioned
peace officer license holders, and an increase in the pool of qualified individuals
eligible for hire by Texas law enforcement agencies. There will be no effect
on small businesses. There is no anticipated increase in economic cost to
individuals who are required to comply.
Written comments should be submitted to D. C. Jim Dozier, Executive Director,
Texas Commission on Law Enforcement Officer Standards and Education, 6330
U. S. Highway 290 East, Suite 200, Austin, Texas 78723, or by facsimile to
(512) 406-3614.
The repeal is proposed under Texas Government Code Annotated,
Chapter 415 §415.010, which authorizes the commission to promulgate
rules for the administration of Chapter 415; and under §415.052, which
requires the commission to adopt rules relating to requirements for reactivation
of a peace officers' license after a break in employment.
The following statutes are affected by the proposed new section: Texas
Government Code Annotated, Chapter 415, §415.010. General Powers.
§211.96. Reactivation of a Peace Officer License.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's authority to
adopt.
Issued in Austin, Texas, on December 19, 1996.
TRD-9618440
Edward T. Laine
Chief, Professional Standards and Administrative Operations
Texas Commission on Law Enforcement Officer Standards and Education
Proposed date of adoption: March 7, 1997
For further information, please call: (512) 450-0188
Subchapter F. Triplicate Prescriptions
Part VII.
Texas Commission on Law Enforcement Officer Standards and Education
Chapter 217.
Licensing Requirements