Proposed Rule Reviews
General Land Office
Title 31, Part I
In accordance with the Appropriations Act, §167, the General Land
Office submits this Notice of Intent to Review the rules found in the chapter
and section referenced:
Chapter 1 Executive Administration
§1.52 Cost of Service
The resulting re-adoption, amendment, and/or repeal of the rule are expected
to be completed by August 31, 1999.
All comments regarding this notice to review should be directed to Ms.
Carol Milner, Texas Register Liaison, General Land Office, 1700 North Congress,
Room 626, Austin, Texas 78701-1495.
TRD-9902242
Larry R. Soward
Chief Clerk
General Land Office
Filed: April 19, 1999
In compliance with Article IX, §167, of the 1997 Appropriations Act,
and in accordance with a previously published Notice of Intent to Review filing
(23 TexReg 11669), the General Land Office has reviewed the rules of the chapter
and sections referenced. The agency finds that the reasons for adopting the
rules continue to exist and it proposes to readopt these rules.
Chapter 19. Oil Spill Prevention and Response
Comments on this rule review conclusion may be submitted to Ms. Carol Milner,
Texas Register Liaison, General Land Office, 1700 North Congress Avenue, Room
626, Austin, Texas 78701-1495. The deadline for comments is June 1, 1999.
TRD-9902280
Larry R. Soward
Chief Clerk
General Land Office
Filed: April 19, 1999
In compliance with Article IX, §167, of the 1997 Appropriations Act,
and in accordance with a previously published Notice of Intent to Review filing
(23 TexReg 11669), the General Land Office has reviewed the rules of the chapter
and sections referenced. The agency finds that the reasons for adopting the
rules continue to exist and it proposes to readopt these rules.
Chapter 21. Oil Spill Prevention and Response Hearings Procedures
Comments on this rule review conclusion may be submitted to Ms. Carol Milner,
Texas Register Liaison, General Land Office, 1700 North Congress Avenue, Room
626, Austin, Texas 78701-1495. The deadline for comments is June 1, 1999.
TRD-9902279
Larry R. Soward
Chief Clerk
General Land Office
Filed: April 19, 1999
In compliance with Article IX, §167, of the 1997 Appropriations Act,
and in accordance with a previously published Notice of Intent to Review filing
(23 TexReg 11971), the General Land Office has reviewed the rules of the chapter
and sections referenced. The agency finds that the reasons for adopting the
following rules continue to exist and it proposes to readopt these rules:
Chapter 155. Land Resources
Subchapter A - Coastal Public Lands: §§1.1-1.9, §1.11, and
§1.15
Subchapter B. Practice and Procedure for State-Owned Lands and Flats: §1.21,
§1.22, and §1.24.
The agency finds that reasons for the following rule do not exist and proposes
to repeal this rule:
§155.23 - Hearing Procedures
Comments on this rule review conclusion may be submitted to Ms. Carol Milner,
Texas Register Liaison, General Land Office, 1700 North Congress Avenue, Room
626, Austin, Texas 78701-1495. The deadline for comments is June 1, 1999.
TRD-9902241
Larry R. Soward
Chief Clerk
General Land Office
Filed: April 19, 1999
Title 13, Part I
The Texas State Library and Archives Commission proposes to review Chapter
9, concerning Library Services for Blind or Physically Handicapped Individuals,
in accordance with the requirements of the Appropriations Act, House Bill
1, Article IX, §167, 75th Legislature, 1997.
The reasons for adopting the rules in Chapter 9 continue to exist. The
rules were adopted pursuant to the Human Resources Code, §91.082 that
requires the Texas State Library and Archives Commission to establish a central
media center for persons unable to use ordinary print materials; Government
Code §441.006 that provides the Commission with the authority to govern
the Texas State Library; and Government Code §441.112 that authorizes
the commission to lend print access aids. The rules are necessary to establish
policies under which eligible persons receive services from the Talking Book
Program of the Texas State Library and Archives Commission.
Comments on the commission's review of its rules in Chapter 9 may be submitted
to Jenifer Flaxbart, Director Talking Book Program, P.O. Box 12927, Austin,
Texas, 78711-2927. Comments are due 30 days after publication in the
TRD-9902188
Raymond Hitt
Assistant State Librarian
Texas State Library and Archives Commission
Filed: April 14, 1999
Title 22, Part XXIII
The Texas Real Estate Commission proposes to review the following sections
of Chapter 535 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 these sections 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.
§535.61. Examinations
§535.62. Waiver of Examinations
§535.63. Brokers: Education and Experience
§535.64. Salespersons: Education
§535.66. Educational Programs: Accreditation
§535.68. Brokers: Alternative Education and Experience
§535.69. Additional Core Real Estate Courses
§535.70. Required Coursework
TRD-9902195
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Filed: April 14, 1999
Title 28, Part II
The Texas Workers' Compensation Commission files this notice of intention
to review the rules contained in Chapter 141 concerning Benefit Review Conference
and Chapter 122 concerning Compensation Procedure-Claimants. This review is
pursuant to the General Appropriations Act, Article IX, §167, 75th Legislature.
The agency's reason for adopting the rules contained in these chapters
continue to exist and it proposes to readopt these rules.
Comments regarding the §167 requirement as to whether the reason for
adopting this rule continues to exist must be received by 5:00 p.m. on May
31, 1999, and submitted to Donna Davila, Office of General Counsel, Mailstop
#4-D, Texas Workers' Compensation Commission, Southfield Building, 4000 South
IH 35, Austin, Texas, 78704-7491.
§122.1 Notice to Employer of Injury or Occupational Disease.
§122.2 Injured Employee's Claim for Compensation.
§122.3 Exposure to Communicable Diseases: Reporting and Testing Requirements
for Emergency Responders.
§122.4 State Employees Exposed to Human Immunodeficiency Virus (HIV):
Reporting and Testing Requirements.
§122.100 Claim for Death Benefits.
§141.1 Requesting and Setting a Benefit Review Conference.
§141.2 Canceling or Rescheduling a Benefit Review Conference.
§141.3 Failure to Attend a Benefit Review Conference.
§141.4 Filing and Exchange Pertinent Information.
§141.5 Description of the Benefit Review Conference.
§141.6 Interlocutory Orders.
§141.7 Commission Actions After a Benefit Review Conference.
TRD-9902367
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: April 21, 1999
Automobile Theft Prevention Authority
Title 43, Part III
The Automobile Theft Prevention Authority (ATPA) has completed its review
of Chapter 57 relating to the ATPA, as noticed in the September 11, 1998,
No comments were received on the §167 review requirement for chapter
57 as to whether the reason for adopting the rules continues to exist.
TRD-9902312
Agustin De La Rosa
Director
Automobile Theft Prevention Authority
Filed: April 19, 1999
Title 13, Part I
The Texas State Library and Archives Commission has completed the review
of the rules in Title 13, Chapter 5, concerning county librarian certification,
as noticed in the November 13, 1998 issue of the
Texas Register
(23 TexReg 11669). The commission readopts §§5.1-5.5
of this chapter in accordance with the requirements of the Appropriations
Act of 1997, House Bill 1, Article IX, §167. The commission finds that
it is necessary to continue county library certification; therefore the reason
for adopting this chapter continues to exist. The commission will propose
amending or repealing §5.6, but is not readopting §5.6.
The commission received no comments on the review of Chapter 5.
The sections in Chapter 5 are adopted under Government Code §441.006(a)
and §441.007(a) which provide the Commission with authority to govern
the Texas State Library and adopt rules on certification of county librarians.
The adopted sections affect Government Code §§441.007, 441.0071-441.0074.
TRD-9902187
Raymond Hitt
Assistant State Librarian
Texas State Library and Archives Commission
Filed: April 14, 1999
Title 22, Part IX
The Texas State Board of Medical Examiners adopts the review of Chapter
162 (§§162.1-162.3), concerning Supervision of Medical School Students,
pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167.
The proposed review was published in the March 5, 1999, issue of the
The agency's reasons for adopting the rules contained in this chapter continue
to exist.
The Texas State Board of Medical Examiners is contemporaneously adopting
an amendment to §162.3 elsewhere in this issue of the
Texas Register
.
No comments were received regarding adoption of the review.
This concludes the review of Chapter 162, Supervision of Medical School
Students.
TRD-9902264
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Filed: April 19, 1999
The Texas State Board of Medical Examiners adopts the review Chapter 166
(§§166.1-166.6), concerning Physician Registration, pursuant to
the Appropriations Act of 1997, HB 1, Article IX, Section 167.
The proposed review was published in the March 5, 1999, issue of the
The agency's reasons for adopting the rules contained in this chapter continue
to exist.
The Texas State Board of Medical Examiners is contemporaneously adopting
amendments to §166.2 and §166.4 elsewhere in this issue of the
No comments were received regarding adoption of the review.
This concludes the review of Chapter 166, Physician Registration.
TRD-9902265
Bruce A. Levy, M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Filed: April 19, 1999
Title 22, Part XXIII
The Texas Real Estate Commission adopts the review of Chapter 541, Criminal
Offense Guidelines, in accordance with the Appropriations Act of 1997, House
Bill 1, Article IX, §167.
In conjunction with this review, the agency has amended 22 TAC §541.1
so as to clarify that registered easement and right-of-way agents are subject
to the chapter. The adopted amendment is published in this issue of the
TRD-9902192
Mark A. Moseley
General Counsel
Texas Real Estate Commission
Filed: April 14, 1999
Title 1, Part IV
The Office of the Secretary of State adopts the review of Chapters 71,
73-76, 78-81, 83, 87, 91, 93, 95, 97, 99, and 101-105 in accordance with the
General Appropriations Act, House Bill 1, 75th Legislature, Article IX, §167.
The proposed review for Chapter 81 was published in the January 15, 1999,
issue of the
Texas Register
(24 TexReg 307).
The proposed review for Chapters 71, 73-76, 78-80, 83, 87, 91, 93, 95, 97,
99, and 101-105 was published in the March 19, 1999, issue (24 TexReg 2032).
The rule review process resulted in the proposed reorganization of Chapter
71 which appears in the April 23, 1999, issue of the
Texas Register
(24 TexReg 3169).
One comment was received concerning the review of Chapter 71. The commenter
recommended that the term "state seal of Texas" be shortened to "state seal."
The commenter also recommended a change to the heading "private use of the
state seal" because the standard designs described in §71.40 are not
limited to private use. The office agrees with the comments, and is proposing
to move the state seal rules to new Chapter 72. The proposal appears in the
April 23 issue of the
Texas Register
.
As a result of the rule review process, the office plans to repeal rules
contained in Chapter 81, Subchapter I (Campaign Reporting and Disclosure)
and Subchapter K (Implementation of the National Voter Registration Act).
Also, as a result of the rule review process, the office is adopting the
repeal of Chapter 99, §99.1 and §99.2 (Standards of Conduct of State
Officers and Employees). The Secretary of State's authority to enforce these
rules was repealed with the creation of the Texas Ethics Commission. For the
same reason the office is adopting the repeal of Chapter 231 (Advisory Opinions).
The State Ethics Advisory Commission no longer exists.
The office is also adopting the repeal of §§101.4, 101.8-101.10,
101.20, 101.21, 101.31-101.34, 101.40, 101.42-101.44, 101.50 and 101.53 (Practice
and Procedure) because they duplicate procedures found in 1 TAC Chapter 155.
The Office of the Secretary of State finds that the reasons for Chapters
71, 73-76, 78-81, 83, 87, 91, 93, 95, 97, and 101-105 continue to exist.
TRD-9902355
Jeff Eubank
Assistant Secretary of State
Office of the Secretary of State
Filed: April 21, 1999
Texas State Library and Archives Commission
Texas Real Estate Commission
Texas Workers' Compensation Commission
Adopted Rule Reviews
Texas State Library and Archives Commission
Texas State Board of Medical Examiners
Texas Real Estate Commission
Office of the Secretary of State