Title 25, Part I

The Texas Department of Health (department) will review and consider for readoption, revision or repeal rules in Title 25, Texas Administrative Code, Part I, Chapter 141, Massage Therapists, §§141.1, 141.3 - 141.23.

The review and consideration is being conducted in accordance with the General Appropriations Act, Article IX, Rider 167, passed by the 75th Legislature (1997).

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 Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the department.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 Kathy Craft, Massage Therapy Registration Program, 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-9903234

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 2, 1999

Title 40, Part I

The Texas Department of Human Services files this notice of intention to review Title 40 TAC, Chapter 30 (relating to Medicaid Hospice Program), Chapter 40 (relating to Medicaid Managed Care), Chapter 41 (relating to Utilization Review), Chapter 43 (relating to Utilization Control), Chapter 46 (relating to Licensed Personal Care Facilities Contracting with the Texas Department of Human Services for Residential Care Services), and Chapter 75 (relating to Investigations), pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

As required by §167, the Department will accept comments regarding whether the reason for adopting each of the rules in 40 TAC, Chapters 30, 40, 41, 43, 46, and 75 continues to exist. The deadline for the comments is 30 days after this publication in the Texas Register .

Any questions or written comments pertaining to this notice of intention to review Chapter 30 should be directed to Maxcine Tomlinson, Long Term Care Section, Texas Department of Human Services W-513, P.O. Box 149030, Austin, Texas 78714-9030, or at (512) 438-3169.

Any questions or written comments pertaining to this notice of intention to review Chapter 40 should be directed to Pam Lawrie, Managed Care Section, Texas Department of Human Services W-516, P.O. Box 149030, Austin, Texas 78714-9030, or at (512) 438-2856.

Any questions or written comments pertaining to this notice of intention to review Chapters 41 and 43 should be directed to Susan Syler, Long Term Care Policy Section, Texas Department of Human Services W-513, P.O. Box 149030, Austin, Texas 78714-9030, or at (512) 438-3111. The proposed repeals of these chapters appeared in the April 16, 1999, issue of the Texas Register. DHS no longer has responsibility for the programs in Chapters 41 and 43. The repeals will be effective July 1, 1999.

Any questions or written comments pertaining to this notice of intention to review Chapter 75 should be directed to June Pence, Office of Inspector General, Office of Program Integrity, Texas Department of Human Services Y-972, P.O. Box 149030, Austin, Texas 78714-9030, or at (512) 231-5778.

TRD-9903193

Paul Leche

General Counsel

Texas Department of Human Services

Filed: May 28, 1999

Title 22, Part XIV

The Texas Optometry Board proposes to review Title 22, Chapter 279, Interpretations; pursuant to H.B. 1, Article IX, Section 167, 75th Leg., R.S. (1997), and the review plan previously filed by the agency. The agency proposes to review for re-adoption the following rules:

Sections: 279.11, 279.12, 279.13, 279.14, 279.15 and 279.16 regarding interpretations.

The agency has proposed an amendment to §279.13 published May 7, 1999 edition of the Texas Register (24 TexReg 3443).

The agency has made an initial finding that the reasons for adopting these rules continue to exist.

Comments on the proposed readoption may be submitted in writing to Ms. Lois Ewald, Texas Optometry Board, 333 Guadalupe, Suite 2-420, Austin, Texas 78701-3942, phone: (512) 305-8502, e-mail: Lois.Ewald@mail.capnet.state.tx.us. Comments will be accepted for 30 days after publication of this notice in the Texas Register .

TRD-9903230

Lois Ewald

Executive Director

Texas Optometry Board

Filed: June 2, 1999

Title 30, Part I

The Texas Natural Resource Conservation Commission (commission) adopts the review of the rules in 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 proposed notice of review was published in the February 12, 1999 issue of the Texas Register (24 TexReg 1005).

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 chapter was originally adopted on September 30, 1994, to implement legislation enacted by the 73rd legislature (Act of May 25, 1993, Chapter 285, 1993 Texas General Laws, 1322). 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 commission reviewed the rules in Chapter 277 and determined that the reasons for adopting those rules continues 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 adopts the repeal of Chapter 277 and readoption as 30 TAC Chapter 17, concerning Tax Relief for Property Used for Environmental Protection in the Adopted Rules section of this issue of the Texas Register . These changes are 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 adopted rule preambles.

The comment period for the review closed on March 15, 1999. No comments were received on the proposed notice of review.

TRD-9903205

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: May 28, 1999

Title 43, Part I

The Texas Department of Transportation readopts, without changes, 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 or 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). 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 April 9, 1999, issue of the Texas Register (24 TexReg 2958). No comments were received regarding the readoption of these sections. The Commission has reviewed the rules in these sections, and determined that the reasons for adopting these sections continue to exist.

TRD-9903194

Bob Jackson

Deputy General Counsel

Texas Department of Transportation

Filed: May 28, 1999