The Texas Animal Health Commission proposes to review Chapter 33, §§33.1-33.4, concerning Miscellaneous Contagious Diseases and Disinfection, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

At the November 11, 1998 Commission Meeting, the Commission began reviewing Chapters 31, 33, and 37. The proposed review to Chapter 37 was published in the March 26, 1999 issue of the Texas Register (24 TexReg 2359). Chapter 33 was proposed for repeal and published for public comment in the January 1, 1999 issue of the Texas Register (24 TexReg 11). The repealed chapter was adopted and notice was published in the March 26, 1999 issue of the Texas Register (24 TexReg 2298).

Comments on the proposed review may be submitted to Edith Smith, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas, 78758.

TRD-9901866

Gene Snelson

General Counsel

Texas Animal Health Commission

Filed: March 29, 1999

Title 7, Part II

The Texas Department of Banking files this notice of intention to review Texas Administrative Code, Title 7, Chapter 15, Subchapters A and B, comprised of §§15.1-15.8, regarding Fees and General Requirements With Respect to Corporate Filings, §15.23, regarding Interim Bank Charters, and §15.24, regarding Withholding the Identity of Prospective Officers. This review is undertaken pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167 (§167). The department will accept comments for 30 days following the publication of this notice in the Texas Register as to whether the reasons for adopting the sections under review continue to exist. Final consideration of this rules review is scheduled for the department's meeting on June 25, 1999.

Any questions or written comments pertaining to this notice of intention to review should be directed to Everette D. Jobe, General Counsel, Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas, 78705, or by e-mail to everette.jobe@banking.state.tx.us. Any proposed changes to rules as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for an additional 30 day public comment period prior to final adoption or repeal by the department.

TRD-9901868

Everette D. Jobe

Certifying Official

Texas Department of Banking

Filed: March 29, 1999

Title 22, Part V

The State Board of Dental Examiners will review and consider for readoption, revision or repeal Title 22, Texas Administrative Code, Chapter 107, Dental Board Procedures.

The review and consideration is being conducted in accordance with the General Appropriations Act, Article IX, Rider 167, passed by the 75th Legislature.

An assessment will be made by the agency whether reasons for adopting or readopting these rules continue to exist. This assessment will be continued during the rule review process. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the agency. The review of all rules must be completed by August 31, 2001.

Comments of the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Mei Ling Clendennen, Executive Assistant, State Board of Dental Examiners, 333 Guadalupe, Tower 3, Suite 800, Austin, Texas, 78701. Any proposed changes to these rules as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for an additional 30 day public comment period prior to final adoption or repeal by the department.

TRD-9901874

Douglas A. Beran, Ph.D.

Executive Director

State Board of Dental Examiners

Filed: March 29, 1999

Title 34, Part IV

The Employees Retirement System of Texas has reviewed §73.39, concerning One-Time Increase to Certain Annuitants, in accordance with the Appropriations Act, Article IX, §167, and proposes that the rule be readopted, as the agency's reason for adopting this Section continues to exist. Please refer to the Texas Administrative Code to review §73.39.

Comments on the proposed readoption of this section may be submitted to William S. Nail, Deputy Executive Director and General Counsel, Employees Retirement System of Texas, P.O. Box 13207, Austin, Texas, 78711-3207 or e-mail Mr. Nail at wnail@ers.state.tx.us.

TRD-9901780

Sheila W. Beckett

Executive Director

Employees Retirement System of Texas

Filed: March 25, 1999

Title 30, Part I

The Texas Natural Resource Conservation Commission (commission) proposes and seeks comments on the review of 30 TAC Chapter 210, Use of Reclaimed Water. This review is in accordance with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997.

The commission has assessed Chapter 210 and initially determined that the reason for their adoption continues to exist. The purpose of Chapter 210 is to establish quality criteria, design, and operational requirements for use of reclaimed water which may be substituted for potable water and/or freshwater. Specific use categories are defined with corresponding reclaimed water quality requirements. These criteria are intended to allow the safe utilization of reclaimed water for conservation of surface and ground water, to ensure the protection of public health, to be protective of ground and surface waters, and to help maintain an adequate supply of water resources for present and future needs.

Chapter 210 provides the framework which has been used by the commission to fulfill the legislative requirements of the Texas Water Code, §;5.120, 11.002, 11.1271, and 26.040.

Chapter 210 concerns the uses for reclaimed water (wastewater which has been treated to a quality suitable for a beneficial use) throughout the State of Texas, and is currently divided into five subchapters. Subchapter A, concerning General Provisions, contains the definitions pertinent to rules contained within Chapter 210 only; the notification requirements to receive authorization from the commission; and responsibility of the producer, provider, and the user. Subchapter B, concerning General Requirements for the Production, Conveyance, and Use of Reclaimed Water, contains the general requirements, storage requirements, irrigation requirements and the special design criteria for reclaimed water systems. Subchapter C, concerning Quality Criteria and Specific Uses for Reclaimed Water, contains specific uses, the quality standards, the sampling and analysis, and record keeping and reporting requirements. Subchapter D, concerning Alternative and Pre-existing Reclaimed Water System, contains requests to the executive director for alternate reclaimed water proposals and pre- existing reclaimed water systems. Subchapter E, concerning Special Requirements for use of Industrial Reclaimed Water, contains how and when authorization for an industrial reclaimed water system is required, and the quality, sampling, and reporting criteria for industrial reclaimed water.

In 1989, the Texas Water Commission (TWC) responded to a legislative inquiry concerning the application of water reuse technologies in conjunction with conservation practices in order to address dwindling water supplies in Texas. TWC worked in concert with ad hoc committees and developed initial rules and regulations that would allow and encourage water reclamation, specifically the reuse of treated domestic wastewater. The rules were developed based on existing practices in other states and reflected the more conservative rules from those states.

Chapter 210 has been modified during the past two years using the same justification as when they were adopted. Revisions to subchapters A, B, C, and D were adopted on January 8, 1997. New Subchapter E was adopted on April 16, 1997.

The commission is also seeking specific comments on Subchapter E, concerning Special Requirements for Use of Industrial Reclaimed Water. The commission is particularly interested in receiving comments on Subchapter E's notification requirements, the water quality limits for the types of industrial wastewater allowed, the authorized disposal alternatives, and on the flexibility in authorizing the executive director to approve some industrial reuse projects that do not meet the requirements outlined in Subchapter E.

Comments on the commission's review of the rules contained in Chapter 210 may be submitted to Lisa Martin, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas, 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 98047-210-WT. Comments must be received by May 24, 1999. For further information, please contact Santos Olivarez at (512) 239-4718.

TRD-9901860

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: March 29, 1999

The Texas Natural Resource Conservation Commission (TNRCC or commission) proposes and seeks comment on the review of the rules in 30 TAC Chapter 312, concerning Sludge Use, Disposal, and Transportation. This review complies with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997.

The General Appropriations Act, Article IX, §167, requires state agencies to review and consider for readoption rules adopted under the Administrative Procedure Act. The review must include, at a minimum, an assessment that the reason for the rules continues to exist. The commission has assessed Chapter 312 and initially determined that the reason for their adoption continues to exist.

These rules administer, manage, and implement a program for regulating the use, disposal, and transportation of sewage sludge and domestic septage in the state. These rules provide for the safe and proper disposal of sewage sludge and domestic septage, minimize the exposure of Texas citizens to the disease transmission potential of human and domestic waste, minimize the contamination of drinking water supplies and hazards to the state's recreational areas, and reduce the potential for surface and groundwater pollution. These rules establish standards for the final use or disposal of sewage sludge, water treatment sludge, and domestic septage applied to land or placed on a surface disposal site, and establish standards for sewage sludge fired in a sewage sludge incinerator. The regulations require permits for the processing, incineration, and disposal of sewage sludge. In addition, the regulations require registration authorization for the land application of Class B sewage sludges, and require distributors of Class A sewage sludge to obtain a Class A approval, which is used for tracking and fee collection associated with Class A sewage sludge. The regulations also contain provisions for the approval of experimental land application sites if specified criteria are met.

After the conclusion of the review of Chapter 312, the commission will propose amendments to the rules to facilitate the implementation of the Texas Pollutant Discharge Elimination System (TPDES) program. These modifications will provide for consistency with the federal Clean Water Act, as amended, and other applicable federal regulations, and will provide for consistency with the United States Environmental Protection Agency Region 6 National Pollution Discharge Elimination System General Permit for Final Reuse and Disposal of Sewage Sludge. As part of this proposed rulemaking, the commission will explore potential revisions related to compliance verification, regulatory flexibility and procedural processing, notice, compliance history, groundwater problems, the definition of beneficial use, experimental land application approvals, and registration issuance by the commission's regional offices. The commission also asks for comments on these potential revision topics. Any changes identified in comments during this rules review or on the topics suggested for revision that are accepted by the commission can be incorporated into these proposed rule amendments.

A public hearing on this rules review and on the topics suggested for revision in Chapter 312 will be held in the TNRCC Office Complex on May 18, 1999, at 2:00 p.m., in Building F, Room 5108, located at 12100 Park 35 Circle, Austin. The hearing is structured to receive oral or written comments by interested persons. Individuals may present oral statements when called upon in the order of registration. Open discussion will not occur during the hearing; however, a staff member will be available to discuss the rules review and the topics proposed for revision 30 minutes prior to the hearing and will answer questions before and after the hearing.

Comments on the commission's review of the rules or on the topics suggested for revision in Chapter 312 may be submitted to Lisa Martin, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas, 78711-3087, or faxed to (512) 239-4808. All comments should reference Rule Log Number 99004-312-WT. Comments must be received by 5:00 p.m., May 24, 1999. For further information, please contact Maria M. Rodriguez, Sludge and Transporter Review Team, (512) 239-4579.

TRD-9901840

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: March 29, 1999

Title 22, Part XXII

The Texas State Board of Public Accountancy will review and consider for readoption, revision or repeal Title 22 Texas Administrative Code Chapters 505, 507, 509, 523, 526 and 527.

This review is conducted pursuant to Article IX, Rider 167, HB 1, 75th Leg. (Reg. Sess.) (1997).

In conducting its review the Board will determine whether the reason(s) for the adoption or readoption of the rule continues to exist. The rule review will also determine whether the rule is obsolete, whether the rule reflects current legal and policy considerations and whether the rule reflects current procedures of the Board.

Comments on the review may be submitted within the next 120 days to Amanda G. Birrell, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower III, Suite 900, Austin, Texas 78701. Any proposed changes to the rules as a result of this review will be published in the Proposed Rule Section of the Texas Register and will be open for an additional 30 day comment period prior to final adoption or repeal by the Board.

Chapter 505. The Board.

Chapter 507. Employees of the Board.

Chapter 509. Rulemaking Procedure.

Chapter 523. Continuing Professional Education.

Chapter 526. Board Opinions.

Chapter 527. Quality Review.

TRD-9901776

William Treacy

Executive Director

Texas State Board of Public Accountancy

Filed: March 25, 1999

Title 22, Part XXVII

The Board of Tax Professional Examiners files this notice of intention to review the rules contained in Chapter 623 concerning Registration and Certification. This review is pursuant to the General Appropriations Act, Article IX, §167, 75th Legislature, 1997.

Any questions pertaining to this notice of intention to review should be directed to Chrisitne LaPenna, Rules Coordinator, Board of Tax Professional Examiners, 333 Guadalupe Street, Tower 2, Suite 520, Austin, Texas, 78711 or at voice telephone (512) 305-7301.

623.1. Registration: General.

623.2. Eligibility To Register.

623.3. Persons Required To Register.

623.4. Persons Permitted To Register.

623.5. Use of Titles.

623.6. Classification of Registration.

623.7. Field of work.

623.8. Qualification for Certification as Registered Professional Appraiser (RPA).

623.9. Qualifications for Certifications as Registered Texas Assessor-Collector (RTA).

623.10. Qualifications for Certification as Registered Texas Collector (RTC).

623.11. Reclassification.

623.12. Recertification.

623 13. Base Date Adjustment in Classification.

623.14. Certification and Recertification: General.

623.15. Adjustment of Time Requirement.

623.16. Notification Responsibilities of Registrant.

623.17. REPEALED.

623.18. REPEALED.

TRD-9901915

David E. Montoya

Executive Director

Board of Tax Professional Examiners

Filed: March 30, 1999

Title 43, Part I

In accordance with the General Appropriations Act of 1997, House Bill 1, Article IX, §167, the Texas Department of Transportation files this notice of intention to review Title 43, TAC, Part I, §§2.61-2.70 (Public Participation Programs); §§9.30-9.43 (Contracting for Architectural, Engineering, and Surveying Services); §11.11 (Embankment and Pavement Structures); §11.21 (Highway Rights of Way); §§11.200-11.205 (Statewide Transportation Enhancement Program); §§15.50-15.56 (Federal, State, and Local Participation); §15.60 (State Park Roads); and §§27.30-27.37 (Private Toll Roads).

As required by §167, the department will accept comments regarding whether the reason for adopting each of the rules in these sections 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 Robert L. Wilson, Director, Design Division, Texas Department of Transportation, 125 E. 11th Street, Austin, Texas, 78701-2483, or at (512) 416-2576.

TRD-9901831

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: March 29, 1999