TITLE rule-review

Proposed Rule Reviews

Public Utility Commission of Texas

Title 16, Part II

The Public Utility Commission of Texas files this notice of intention to review Procedural Rules, Subchapter M (relating to Procedures and Filing Requirements in Particular Commission Proceedings), §§22.241 relating to Investigations; 22.242 relating to Complaints; 22.243 relating to Rate Change Proceedings; 22.244 relating to Review of Municipal Rate Actions; 22.245 relating to Notice of Intent Petitions; and 22.246 relating to Administrative Penalties pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167 (§167). Project Number 17709 has been assigned to this proceeding.

As part of this review process, the commission proposes amendments to §§22.241, 22.242, 22.243 and 22.244. 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 §22.245 as no longer necessary. 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 §22.246. 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, P.O. 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 17709-Review of Subchapter M relating to Procedures and Filing Requirements in Particular Commission Proceedings.

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 North Congress Avenue, Austin, Texas, 78711-3326 or at voice telephone (512) 936-7308.

TRD-9818601

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: December 30, 1998


Office of the Secretary of State

Title 1, Part IV

The Elections Division of the Office of the Secretary of State files this notice of intention to review and consider for readoption, revision, or repeal, Title 1, Texas Administrative Code, Chapter 81. This review and consideration is being conducted in accordance with the General Appropriations Act, House Bill 1, 75th Legislature, Article IX, §167. The review will include, at a minimum, an assessment as to whether the reasons for adopting or readopting these rules continue to exist.

Any questions or written comments pertaining to this rule review may be submitted to Ann McGeehan, Deputy Assistant Secretary of State for Elections, P.O. Box 12060, Austin, Texas 78711-2060, via facsimile at (512) 475-2811, or via e-mail at amcgeehan@sos.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register .

Any proposed changes to these rules as a result of the rule review will be published in the Proposed Rule section of the Texas Register . The proposed rule changes will be open for public comment prior to final adoption or repeal by the division in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

TRD-9818617

Clark Kent Ervin

Assistant Secretary of State

Office of the Secretary of State

Filed: January 5, 1999


Texas Workers' Compensation Commission

Title 28, Part II

Notice of Intention to Review:

The Texas Workers' Compensation Commission files this notice of intention to review the rules contained in Chapter 128 concerning Benefits Calculation of Average Weekly Wage. This review is pursuant to the General Appropriations Act, Article IX, §167, 75th Legislature (1997).

The agency's reason for adopting the rules contained in this chapter continues to exist and it proposes to readopt these rules.

Comments regarding the §167 requirement as to whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on February 15, 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.

§128.1. Average Weekly Wage: General Provisions.

§128.2. Carrier Presumption of Employee's Wage: Employer Wage Statement Required.

§128.3. Average Weekly Wage Calculation for Full-time Employees, and for Temporary Income Benefits for All Employees.

§128.4. Average Weekly Wage Calculation for Part-time Employees.

§128.5. Average Weekly Wage Calculation for Seasonal Employees.

§128.6. Average Weekly Wage Adjustment for Certain Employees who are also Minors, Apprentices, Trainees, or Students.

TRD-9900008

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: January 5, 1999


Adopted Rule Reviews

Texas Ethics Commission

Title 1, Part II

The Texas Register inadvertently published incorrect text in the Adopted Rule Reviews section of the January 1, 1999, issue of the Texas Register (24 TexReg 174). The correct text for the Texas Ethics Commission is as follows:

Notice of Readoption

In accordance with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997, the Texas Ethics Commission adopts the review of Title 1, Texas Administrative Code (TAC), Chapter 50 (Legislative Salaries and Per Diem). The Texas Ethics Commission proposed the review of Chapter 50 in the October 23, 1998, issue of the Texas Register (23 TexReg 10923).

The reason for adopting Chapter 50 continues to exist. The Texas Ethics Commission received no comments related to the review of Chapter 50. As part of the review, the Texas Ethics Commission adopted an amendment to Title 1, TAC, §50.1, concerning legislative per diem, which may be found in the December 25, 1998, issue of the Texas Register (23 TexReg 13029).

TRD-9818475

Tom Harrison

Executive Director

Texas Ethics Commission

Filed: (512) 463-5800


Texas Department of Human Services

Title 40, Part I

The Texas Department of Human Services adopts without changes Title 40 TAC, Chapter 15 (relating to Medicaid Eligibility) pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167. The proposed review was published in the November 27, 1998, issue of the Texas Register (23 TexReg 11971). No comments were received regarding the review.

TRD-9818602

Paul Leche

General Counsel

Texas Department of Human Services

Filed: December 30, 1998


Board of Vocational Nurse Examiners

Title 22, Part XII

In accordance with the Appropriations Act, §167, the Board of Vocational Nurse Examiners reviewed Chapter 231 of the Rules and Regulations Relating to Vocational Nursing Education, Licensure and Practice in the State of Texas for re-adoption or amendment at the December 7-8, 1998 Board Meeting.

The Board readopted all rules in Chapter 231 with the exception of the following rules which will be amended and proposed amendments published in a future of the Texas Register : §§231.1, 231.15, 231.21, 231.30, 231.35, 231.37, 231.38, 231.48, 231.49 and 231.64.

Comments on the review may be submitted to Mary M. Strange, Executive Director, Board of Vocational Nurse Examiners, 333 Guadalupe, Suite 3-400, Austin, Texas, 78701.

TRD-9900019

Mary M. Strange

Executive Director

Board of Vocational Nurse Examiners

Filed: January 6, 1999