The Texas Alcoholic Beverage Commission files its notice of intention to review its rules contained in Title 16, Texas Administrative Code, Chapter 36, governing gun regulation. This review is conducted pursuant to Appropriations Act, 1997, House Bill 1, Article IX, §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-9900572

Doyne Bailey

Administrator

Texas Alcoholic Beverage Commission

Filed: January 27, 1999

Title 22, Part XXXI

The Texas State Board of Examiners of Dietitians (board) will review and consider for readoption, revision or repeal rules in 22 Texas Administrative Code, Part XXXI, Chapter 711, Dietitians. The review and consideration is being conducted in accordance with the General Appropriations Act, Article IX, Rider 167, passed by the 75th Legislature.

The board will review its rules which became effective prior to September 1, 1997. The assessment made by the agency at this time indicates that the reasons for adopting or readopting these rules continues 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 Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the board. The review of all rules must be completed by August 31, 2001.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Donna Flippin, Professional Licensing and Certification, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756.

TRD-9900722

Margarette Harden

Chair

Texas State Board of Examiners of Dietitians

Filed: February 3, 1999

Title 31, Part I

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 11970), 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 1. Executive Administration

Subchapter B - Purchase of Excess Acreage: §§1.11-1.14

§1.51 Vacancy Listing

Subchapter F. Procedures for Hearings: §§1.61-1.78

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 5:00 p.m., March 15, 1999.

TRD-9900707

Larry R. Soward

Chief Clerk

General Land Office

Filed: February 3, 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 referenced. The agency finds that the reasons for adopting the rules continue to exist, and it proposes to readopt these rules.

Chapter 5. Records

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 5:00 p.m., March 15, 1999.

TRD-9900711

Larry R. Soward

Chief Clerk

General Land Office

Filed: February 3, 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 rules continue to exist, and it proposes to readopt these rules. However, the agency anticipates some amendments to these rules will be needed. These proposed amendments will be published for comment when prepared.

Chapter 13. Land Resources

Subchapter A - Rules, Practice, and Procedure for Land Leases and Trades: §§13.1-13

Subchapter B - Rights-of-Way Over Public Lands: §§13.11-13.20

Subchapter C - Special Board of Review Hearings: §§13.30-13.40

Subchapter D - Administration and Management of Public Free School Lands and Coastal Public Lands: §§13.51-13.54

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 5:00 p.m., March 15, 1999.

TRD-9900708

Larry R. Soward

Chief Clerk

General Land Office

Filed: February 3, 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 rules continue to exist, and it proposes to readopt these rules.

Chapter 14. Relationship Between Agency and Private Organizations

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 5:00 p.m., March 15, 1999.

TRD-9900710

Larry R. Soward

Chief Clerk

General Land Office

Filed: February 3, 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 referenced. The agency finds that the reasons for adopting the rules continue to exist and it proposes to readopt these rules.

Chapter 17. Hearing Procedures for Administrative Penalties and Removal of Unauthorized or Dangerous Structures

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 5:00 p.m., March 15, 1999.

TRD-9900709

Larry R. Soward

Chief Clerk

General Land Office

Filed: February 3, 1999

Title 25, Part I

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 5, Grants and Contracts, Block Grant Program, §5.10.

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 department as to whether the reasons for adopting or readopting this rule continue to exist. This assessment will be continued during the rule review process. This 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 department. The review of all rules must be completed by August 31, 2001.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Susan K. Steeg, General Counsel, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed changes to this rule as a result of the review will be published in the Proposed Rule 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-9900724

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 3, 1999

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 5, Grants and Contracts, Poison Control Centers, §§5.51-5.59.

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 department as to whether the 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 department. The review of all rules must be completed by August 31, 2001.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Martin Powel, Disease Control and Prevention, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed changes to these rules as a result of the review will be published in the Proposed Rule 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-9900725

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 3, 1999

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 13, Health Planning and Resource Development, Subchapter B. Data Collection, §§13.11 - 13.20; Subchapter C. Designation of Sites Serving Medically Underserved Populations, §§13.31 - 13.34; and Subchapter D. Administration of the Resident Physician Compensation Program, §§13.41 - 13.44.

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 department as to whether the 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 department. The review of all rules must be completed by August 31, 2001.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Ann Henry, Bureau of State Health Data and Policy Analysis, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed changes to these rules as a result of the review will be published in the Proposed Rule 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-9900737

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 3, 1999

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 28, Medicaid Third Party Recovery, §§28.101, 28.111, 28.121, and 28.131.

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 department as to whether the 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 department. The review of all rules must be completed by August 31, 2001.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Becky Brownlee, Health Care Financing, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed changes to these rules as a result of the review will be published in the Proposed Rule 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-9900739

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 3, 1999

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 31, Nutrition Services, §31.2 and §31.3.

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 department as to whether the 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 department. The review of all rules must be completed by August 31, 2001.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Jack Baum, DDS, Community Health and Resources Development, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed changes to these rules as a result of the review will be published in the Proposed Rule 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-9900726

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 3, 1999

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 38, Chronically Ill and Disabled Children's Services Program, §§38.1 - 38.17.

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 department as to whether the reasons for adopting or readopting this rule continue to exist. This assessment will be continued during the rule review process. This 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 department. The review of all rules must be completed by August 31, 2001.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Jack Baum, DDS, Community Health and Resources Development, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed changes to this rule as a result of the review will be published in the Proposed Rule 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-9900738

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 3, 1999

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 40, Medical Transportation, Program Overview, §40.1; Eligibility For Program Services, §§40.101 - 40.105; Program Services Limitations, §§40.201 - 40.202; Provider Participation, §§40.301 - 40.305; Payment Procedures And Recordkeeping, §§40.401 - 40.408; Monitoring And Evaluation, §§40.501 - 40.503; Contract Termination And Expiration, §§40.601 - 40.602; and Transportation Services For Indigent Cancer Patients, §§40.701 - 40.702.

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 department as to whether the reasons for adopting or readopting this rule continue to exist. This assessment will be continued during the rule review process. This 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 department. The review of all rules must be completed by August 31, 2001.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Jack Baum, DDS, Community Health and Resources Development, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed changes to this rule as a result of the review will be published in the Proposed Rule 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-9900736

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 3, 1999

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 73, Laboratories, §§73.1, 73.11, and 73.21.

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 department as to whether the reasons for adopting or readopting this rule continue to exist. This assessment will be continued during the rule review process. This 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 department. The review of all rules must be completed by August 31, 2001.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Martin Powel, Disease Control and Prevention, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed changes to this rule as a result of the review will be published in the Proposed Rule 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-9900735

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 3, 1999

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 87, Controlled Substances, Submission of Research Protocols Using Tetrahydrocannibinols, §§87.1-87.6.

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 department as to whether the 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 department. The review of all rules must be completed by August 31, 2001.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Jayne Nussbaum, Environmental and Consumer Health, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed changes to these rules as a result of the review will be published in the Proposed Rule 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-9900727

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 3, 1999

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 111, Special Health Services, §§111.2 and 111.3.

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 department as to whether the 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 department. The review of all rules must be completed by August 31, 2001.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Bernie Underwood, Health Care Quality and Standards, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed changes to these rules as a result of the review will be published in the Proposed Rule 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-9900728

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 3, 1999

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 125, Special Care Facilities, §§125.1 - 125.8.

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 department as to whether the 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 department. The review of all rules must be completed by August 31, 2001.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Bernie Underwood, Health Care Quality and Standards, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed changes to these rules as a result of the review will be published in the Proposed Rule 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-9900731

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 3, 1999

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 130, Code Enforcement Registry, §§130.1 - 130.2, and 130.4 - 130.18.

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 department as to whether the 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 department. The review of all rules must be completed by August 31, 2001.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Jayne Nussbaum, Environmental and Consumer Health, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed changes to these rules as a result of the review will be published in the Proposed Rule 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-9900732

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 3, 1999

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 145, Nursing Facilities and Related Institutions, Subchapter H. Long-Term Care Services for the Elderly, §145.121.

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 department as to whether the reasons for adopting or readopting this rule continue to exist. This assessment will be continued during the rule review process. This 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 department. The review of all rules must be completed by August 31, 2001.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Susan K. Steeg, General Counsel, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed changes to this rule as a result of the review will be published in the Proposed Rule 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-9900733

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 3, 1999

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 217, Milk and Dairy, Grade Specifications and Requirements for Milk, §§217.1 - 217.7; Bulk Milk Haulers, §§217.21 - 217.25; Definitions and Standards of Identity for Yogurt and Yogurt Products, §§217.31 - 217.34; Definitions and Standards of Identity of Frozen Desserts, §§217.41 - 217.56; Grade A Milk Specifications, §§217.61 - 217.76; and Fees, §217.82.

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 department as to whether the 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 department. The review of all rules must be completed by August 31, 2001.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Jayne Nussbaum, Environmental and Consumer Health, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed changes to these rules as a result of the review will be published in the Proposed Rule 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-9900734

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: February 3, 1999

Title 16, Part VI

The Texas Motor Vehicle Board of the Texas Department of Transportation files this notice of intent to review Title 16, Chapter 107, Warranty Performance Obligations, relating to complaints filed under Section 6.07 (the Lemon Law) and 3.08 of the Motor Vehicle Commission Code (Article 4413(36) Tex. Rev. Civ. Stat.), pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

As required by §167, the Board will accept comments regarding whether the reason for adopting each of the rules in 16 TAC Chapter 107 continues to exist. The Board will conduct the rule review at its April 22, 1999 meeting.

Any questions or written comments pertaining to this notice of intention to review should be directed to Brett Bray, Director, Motor Vehicle Division, Texas Department of Transportation, P.O. Box 2293, Austin, Texas, 78768-2293 or at (512) 416-4910 by April 1, 1999.

TRD-9900612

Brett Bray

Division Director

Motor Vehicle Board, Texas Department of Transportation

Filed: February 1, 1999

Title 30, Part I

The Texas Natural Resource Conservation Commission (commission) proposes the review of 30 TAC Chapter 12, concerning Payment of Fees. This review is in accordance with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997.

Chapter 12 concerns the uniform provision for the assessment of penalties and interest for the late payment of fees owed to the commission. The General Appropriations Act, Article IX, §167 requires state agencies to review and consider for readoption rules adopted under the Administrative Procedure Act. The reviews must include, at a minimum, an assessment that the reason for the rules continues to exist. The commission has reviewed the rules in Chapter 12 and determined that the reasons for adopting those rules continue to exist. The rules are consistent with the Water Code, §5.235, which states that "the commission by rule shall establish uniform and consistent requirements for the assessment of penalties and interest for late payment of fees owed the state under the commission's jurisdiction." Through inclusion or reference of Chapter 12 in agency fee rules, all of the fee rules are uniform and consistent with the limits of the Tax Code and any changes to the Tax Code will only require the amendment of Chapter 12, not each and every fee rule.

Comments on the commission's review of the rules contained in Chapter 12 may be submitted to Lisa Martin, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas, 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 98084-012-AD. Comments must be received by March 15, 1999. For further information, please contact Forrest Brooks, Policy Research Division, (512) 239-0578.

TRD-9900607

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 29, 1999

The Texas Natural Resource Conservation Commission (commission) proposes the review of 30 TAC Chapter 277, concerning Use Determinations for Tax Exemptions for Pollution Control Property. This review complies with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997.

The chapter was originally adopted on September 30, 1994, to implement legislation enacted by the 73rd legislature, House Bill 1920. Proposition 2, which initiated the legislation, was approved by the Texas voters in November 1993 amending the Texas Constitution. The legislation was intended to provide ad valorem property tax relief through tax exemptions for capital expenditures related to pollution control. The commission is delegated responsibility for determining whether a property item qualifies for a tax exemption as pollution control. Chapter 277 concerns the procedure and mechanism for an owner, including political subdivisions, of pollution control property, to apply to the commission for a determination of pollution control use. 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 reviewed the rules in Chapter 277 and determined that the reasons for adopting those rules continue to exist. The tax exemption program is applicable to all forms of pollution control equipment for air, water, and solid waste. The rules are necessary to establish the procedure and mechanism to foster voluntary participation in this program.

The commission concurrently proposes repeal of Chapter 277 and readoption as 30 TAC Chapter 17, concerning Tax Relief for Property Used for Environmental Protection, in the Proposed Rules section of this issue of the Texas Register . These changes are proposed as a result of the commission's review of the rules. Mostly, the changes address the commission's regulatory reform goals. The specific procedural changes are noted in the proposed rule preamble.

Comments on the commission's review of the rules contained in Chapter 277 may be submitted to Lisa Martin, Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas, 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 98050-277-AD. Comments must be received by March 15, 1999. For further information, please contact Forrest Brooks, Office of Policy and Regulatory Development, (512) 239-0578.

TRD-9900606

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: January 29, 1999

Title 16, Part II

The Public Utility Commission of Texas files this notice of intention to review Procedural Rules, Subchapter P (relating to Dispute Resolution), §§22.301 relating to Purpose; 22.302 relating to Definitions; 22.303 relating to Mediation; 22.304 relating to Voluntary Alternative Dispute Resolution; 22.305 relating to Compulsory Arbitration; 22.306 relating to Confidential Information; 22.307 relating to Subsequent Proceedings; 22.308 relating to Approval of Negotiated Agreements; 22.309 relating to Approval of Arbitrated Agreements; and 22.310 relating to Consolidation pursuant to the Appropriations Act of 1997, HB 1, Article IX, §167 (§167). Project Number 20352 has been assigned to this proceeding.

As part of this review process, the commission proposes amendments to §§22.307, 22.308, and 22.309. The proposed amendments may be found in the Proposed Rules section of the Texas Register . The commission will accept comments on the §167 requirement as to whether the reason for adopting these sections continues to exist in the comments filed on the proposed amendments.

The commission is proposing the repeal of §22.302 as no longer necessary, due to moving the definitions to the general definition section. The proposed repeal may be found in the Proposed Rules section of the Texas Register . The commission will accept comments on the §167 requirement as to whether the reason for adopting this section continues to exist in the comments filed on the proposed repeal.

The commission is not proposing any changes to §§22.301, 22.303 - 22.306, or 22.310. Comments regarding the §167 requirement as to whether the reason for adopting this section continues to exist may be submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, PO 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 20352 - Review of Subchapter P relating to Dispute Resolution.

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.

16 TAC §22.301. Purpose.

16 TAC §22.302. Definitions.

16 TAC §22.303. Mediation.

16 TAC §22.304. Voluntary Alternative Dispute Resolution.

16 TAC §22.305. Compulsory Arbitration.

16 TAC §22.306. Confidential Information.

16 TAC §22.307. Subsequent Proceedings.

16 TAC §22.308. Approval of Negotiated Agreements.

16 TAC §22.309. Approval of Arbitrated Agreements.

16 TAC §22.310. Consolidation.

TRD-9900579

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: January 27, 1999

Title 31, Part XVII

The State Soil and Water Conservation Board proposes the re-adoption of agency rules, under Title 31, Part XVII, Chapter 517, Financial Assistance, Chapter 519, Technical Assistance, Chapter 521, Agricultural Water Conservation and Chapter 523, Agricultural and Silvicultural Water Quality Management in accordance with Article IX, §167 of the Appropriation's Act.

The Board's reason for adopting the rules contained in these chapters continues to exist.

Comments on the proposals may be submitted to Robert G. Buckley, Executive Director, Texas State Soil and Water Conservation Board, P.O. Box 658, Temple, Texas, 76503 or facsimile 254/773-3311.

TRD-9900598

Robert G. Buckley

Executive Director

Texas State Soil and Water Conservation Board

Filed: January 29, 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, Chapter 18, Motor Carriers, and §§28.1-28.2, General Provisions; §§28.10-28.17, General Permits; §§28.40-28.47, Permits for Oversize and Overweight Oil Well Related Vehicles; §§28.60-28.66, Permits for Oversize and Overweight Unladen Lift Equipment Motor Vehicles; §§28.80-28.82, Highway Crossings by Oversize and Overweight Vehicles and Loads; and §§28.90-28.92, Port Authority Permits.

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 Bob Jackson, Deputy General Counsel, Texas Department of Transportation, 125 E. 11th Street, Austin, Texas 78701-2483, or at (512) 463-8630.

TRD-9900624

Richard D. Monroe

General Counsel

Texas Department of Transportation

Filed: February 1, 1999

Title 43, Part I

The Texas Department of Transportation readopts, Title 43, TAC, Part I, §§3.20-3.25 relating to Complaint Resolution. This review was conducted in accordance with the General Appropriations Act of 1997, House Bill 1, Article IX, §167.

The proposed review was published in the November 13, 1998, issue of the Texas Register (23 TexReg 11670). No comments were received regarding the readoption of these sections. The Commission has reviewed the rules in §§3.20-3.25 and determined that the reasons for adopting those rules continue to exist.

TRD-9900623

Richard D. Monroe

General Counsel

Texas Department of Transportation

Filed: February 1, 1999

The Texas Department of Transportation readopts, with changes, Title 43, TAC, Part I, Chapter 23 (relating to Travel Information). This review was conducted in accordance with the General Appropriations Act of 1997, House Bill 1, Article IX, §167.

The proposed review was published in the December 4, 1998, issue of the Texas Register (23 TexReg 12481). No comments were received regarding the readoption of this chapter. The Commission has reviewed the rules in Chapter 23, and determined that, with the exception of §23.13, the reasons for adopting those rules continue to exist. Section 23.13 provided for the creation and maintenance of an electronic travel information system for the purpose of informing travelers about attractions and facilities available to the public. This system has been discontinued and replaced by a comprehensive Internet web site that contains all the pertinent information previously provided by the electronic travel information system. Therefore §23.13 will be repealed.

TRD-9900622

Richard D. Monroe

General Counsel

Texas Department of Transportation

Filed: February 1, 1999