TITLE rule-review

Amended Agency Rule Review Plan

Texas State Board of Pharmacy

Title 22, Part XV

Filed: June 24, 1999


Proposed Rule Review

Texas Health Care Information Council

Title 25, Part XVI

The Texas Health Care Information Council (Council) proposes to review Title 25, Part XVI, Chapter 1301, Subchapter A, concerning Hospital Discharge Data as required by the General Appropriations Act, Article IX, Section 167, 75th Legislature. This section requires an agency's review, at a minimum, to assess whether the reasons for adopting or readopting rules that became final prior to September 1, 1997 still exist.

The Council has reviewed the rules in Subchapter A and determined that the reasons for their adoption continue to exist. The rules relate to the methods hospitals are to utilize in reporting discharge data to the Council, to the data elements to be reported, to the Council's discharge data collection and storage procedures, and to procedures for accessing the data. The Council is required by its enabling legislation to continue collecting discharge data from hospitals that are not exempted from reporting.

Comments on the review must be submitted in writing no later than 5:00 p.m. on September 15, 1999 to Dr. Bruce Burns, Texas Health Care Information Council, 4900 North Lamar, OOL-3407, Austin, TX 78751-2399. Comments may be submitted electronically to Dr. Burns at bburns@thcic.state.tx.us.

TRD-9903878

Jim Loyd

Executive Director

Texas Health Care Information Council

Filed: June 29, 1999


Adopted Rule Reviews

Texas Department of Banking

Title 7, Part I

The Finance Commission of Texas, on behalf of the Texas Department of Banking (department), has completed the review of 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, as noticed in the April 9, 1999, issue of the Texas Register (24 TexReg 2955). One internal comment was received with respect to these Subchapters, that the reference in these rules to trust companies should be deleted now that rules specific to trust companies have been adopted as 7 TAC Chapter 21. While the department concurs, additional amendments to these rules will also be necessary to conform them to 1999 interstate banking and branching legislation, Act approved May 29, 1999 (House Bill 2066), 76th Legislature, Articles 1-7, effective September 1, 1999. The suggested change will be proposed as part of a general revision later this year.

The finance commission readopts these sections, pursuant to the requirements of the Appropriations Act of 1997, HB 1, Article IX, Section 167, and finds that the reason for adopting these rules continues to exist. The rules were substantially rewritten and revised effective March 1, 1996, to be in accordance with the recently enacted Texas Banking Act. Everette D. Jobe Certifying Official Finance Commission of Texas

TRD-9903797

Everette D. Jobe

Certifying Official

Texas Department of Banking

Filed: June 25, 1999


Comptroller of Public Accounts

Title 34, Part I

The Comptroller of Public Accounts readopts, without changes, all sections of Texas Administrative Code, Title 34, Part I, Chapter 3, Subchapter D (relating to Occupation Tax on Sulphur Producers), Subchapter F (relating to Motor Vehicle Sales Tax), Subchapter I (relating to Miscellaneous Occupation Taxes), Subchapter J (relating to Petroleum Products Delivery Fee), Subchapter T (relating to Manufactured Housing Sales and Use Tax), and Subchapter Z (relating to Coastal Protection Fee). The review was conducted in accordance with Article IX, Section 167, of H. B. 1, 75th Texas Legislature.

The proposed rule review was published in the May 7, 1999, issue of the Texas Register (24 TexReg 3545). No comments were received concerning the readoption of these sections. The Comptroller has reviewed these sections, and determined that the reasons for adopting the sections continues to exist. Martin Cherry Special Counsel Comptroller of Public Accounts

TRD-9903823

Martin Cherry

Special Counsel

Comptroller of Public Accounts

Filed: June 28, 1999


Texas Department of Health

Title 25, Part I

The Texas Department of Health (department) readopts Title 25, Texas Administrative Code, Part I, Chapter 229, Food and Drug, Subchapter J. Minimum Standards for Narcotic Treatment Programs, §§229.141 - 229.152, without any change. The Notice of Intention to Review was published in the September 4, 1998, issue of the Texas Register (23 TR 9078). There were no comments received for any of the sections due to the publication of the Notice of Intention to Review.

These sections have been reviewed in accordance with the General Appropriations Act, House Bill 1, Article IX, Rider 167, passed by the 75th Legislature, which requires that each state agency review and consider for readoption each rule adopted by that agency. The department has determined that reasons for readopting the sections continue to exist.

TRD-9903845

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 28, 1999


Texas State Board of Pharmacy

Title 22, Part XV

The Texas State Board of Pharmacy adopts the review of Chapter 291 (§§291.1-291.23) concerning All Classes of Pharmacies, in accordance with the Appropriations Act, Section 167. The proposed rule review was published in the March 19, 1999, issue of the Texas Register (24 Tex Reg 2032). In conjunction with this review, the agency is adopting amendments to §§291.7, 291.8, 291.10, and 291.17 published elsewhere in this issue of the Texas Register .

The agency finds that the reason for adopting the rule continues to exist. No comments were received regarding adoption of the review.

TRD-9903773

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: June 24, 1999


Texas Department of Transportation

Title 43, Part I

The Texas Department of Transportation readopts without changes Title 43, TAC, Part I, Chapter 4 (Employment Practices). This review was conducted in accordance with the General Appropriations Act of 1997, House Bill 1, Article IX, §167.

The proposed rule review was published in the May 14, 1999, issue of the Texas Register (24 TexReg 3758). No comments were received regarding the readoption of this chapter. The Commission has reviewed the rules in this chapter, and determined that the reasons for adopting this chapter continue to exist.

TRD-9903813

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: June 28, 1999