Proposed Rule Reviews
Advisory Commission on State Emergency Communications
Title 1, Part XII
The Advisory Commission on State Emergency Communications files this notice
of intention to review each rule in its Chapter 255 (relating to Finance)
pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, Section
167. As part of this review process, the commission proposes the repeal of
§255.3 and amendment to §255.4 elsewhere is this issue of the
The commission requests comments from interested parties on the following
questions: (1) Whether the definition of Intrastate Long Distance Service
in §255.2 should be modified to reflect changes in telecommunications
technology or the competitive telecommunications environment? (2) Whether
the definition of an Equivalent Local Exchange Access Line in §255.4
should continue to rely on the billing of a federal subscriber line charge?
(3) Whether the commission should modify §255.7 to clarify when timely
delivery and receipt of fees or surcharges occurs? Parties are requested to
fully support their responses with detailed explanations.
Comments regarding review of Chapter 255 on whether the reason for adopting
each of the sections continues to exist may be submitted to James D. Goerke,
Executive Director, Advisory Commission on State Emergency Communications,
333 Guadalupe Street, Suite 2-212, Austin, Texas 78701; telephone (512) 305-6911;
or fax (512) 305-6937 within 30 days after publication of this notice of intention
to review. Any questions pertaining to this notice of intention to review
should be directed to Ms. Velia Williams at (512) 305-6911.
255.1. Statewide 9-1-1 Equalization Surcharge
255.2. Definition of Intrastate Long-Distance Service
255.3. Date and Areas of Implementation
255.4. Definition of Equivalent Local Exchange Access Line
255.5. Optional Use of an Uncollectible Factor
255.6. 9-1-1 Service Fee and Surcharge Exemption
255.7. 9-1-1 Service Fee and Surcharge Billing and Remittance Authorization
255.8. 9-1-1 District Funding Policy
255.9. Statewide Poison Control Surcharge
255.10. Notification of Untimely Remittance of Fees
TRD-9901241
James D. Goerke
Executive Director
Advisory Commission on State Emergency Communications
Filed: March 1, 1999
Title 30, Part I
The Texas Natural Resource Conservation Commission (commission) proposes
the review of 30 TAC Chapter 324, Subchapter A, Used Oil Recycling. This review
is in accordance with the General Appropriations Act, Article IX, §167,
75th Legislature, 1997.
Chapter 324, Subchapter A concerns the collection and recycling of used
oil that is recyclable and has not been made hazardous by mixing it with hazardous
wastes. 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 324 and determined that the reasons for adopting those rules
continue to exist. The rules are necessary to encourage the recycling of used
oil; to protect the environment from used oil contamination; to implement
Texas Health and Safety Code Chapter 371, Used Oil Collection, Management,
and Recycling; and to implement 40 Code of Federal Regulations (CFR), Part
279, Standards for the Management of Used Oil.
The commission concurrently proposes to amend or repeal sections within
Chapter 324, Subchapter A in the Proposed Rules section of this issue of the
Comments on the commission's review of the rules contained in Chapter 324,
Subchapter A may be mailed to Bettie Bell, TNRCC 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 98040-324-WS.
Comments must be received by April 12, 1999. For further information, please
contact Hygie Reynolds, (512) 239-6825.
TRD-9901279
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: March 1, 1999
Title 22, Part XXI
The Texas State Board of Examiners of Psychologists continued its review
of Chapter 465. Rules of Practice, §§465.1-465.37, in accordance
with the Appropriations Act, Section 167, at its September 10-11, 1998, and
November 19-20, 1998, Board meetings. As part of this review process, the
Board proposes to amend the existing §465.3, §465.27, and §465.30;
to repeal the existing §§465.1-465.2, §465.7, §§465.10-465.11,
§§465.13-465.14, §§465.22-465.23, §465.33, and §465.36;
and to propose new §§465.1-465.2, §§465.5-465.22, §465.25-§465.26,
§465.29, §465.32-465.37. The proposed amendments, repeals and new
rules may be found in the Proposed Rules section of the January 22, 1999,
issue of the
Texas Register
. The Board is
not proposing any changes to §465.4, §465.28, and §465.31.
The Texas State Board of Examiners of Psychologists proposed to review
chapter 461. General Rulings, in accordance with the Appropriations Act, Section
167. As part of this review process, the Board proposes to amend the existing
§461.2, §§461.4-461.9, §461.11, and §§461.14-461.15;
to repeal the existing §461.10, §461.12, and §§461.17-461.30;
and to propose new §§462.1-462.14. The proposed amendments, repeals
and new rules may be found in the Proposed Rules section of the
Texas Register
. The Board is not proposing any changes to §461.1,
§461.13, and §461.16.
The Board's reason for adopting these sections continues to exist.
Comments on the proposals may be submitted to Janice Alvarez, Texas State
Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas
78701.
TRD-9901178
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Filed: February 25, 1999
Title 16, Part II
The Public Utility Commission of Texas files this notice of intention to
review Procedural Rules, Subchapter E (relating to Pleadings), §§22.71
relating to Filing of Pleadings and Other Materials; 22.72 relating to Formal
Requisites of Pleadings to be Filed with the Commission; 22.73 relating to
General Requirements for Application; 22.74 relating to Service of Pleadings;
22.75 relating to Examination and Correction of Pleadings; 22.76 relating
to Amended Pleadings; 22.77 relating to Motions; 22.78 relating to Responsive
Pleadings and Emergency Action; 22.79 relating to Continuances; and 22.80
relating to Commission Prescribed Forms pursuant to the Appropriations Act
of 1997, House Bill 1, Article IX, §167 (§167). Project Number 20364
has been assigned to this proceeding.
As part of this review process, the commission proposes amendments to §§22.71-22.78
and §22.80. 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 not proposing any changes to §22.79. 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 20364 - Review of Subchapter E relating
to Pleadings.
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, PO Box 13326,
Austin, Texas 78711-3326 or at voice telephone (512) 936-7308.
16 TAC §22.71. Filing of Pleadings and Other Materials.
16 TAC §22.72. Formal Requisites of Pleadings to be Filed with the
Commission.
16 TAC §22.73. General Requirements for Applications.
16 TAC §22.74. Service of Pleadings.
16 TAC §22.75. Examination and Correction of Pleadings.
16 TAC §22.76. Amended Pleadings.
16 TAC §22.77. Motions.
16 TAC §22.78. Responsive Pleadings and Emergency Action.
16 TAC §22.79. Continuances.
16 TAC §22.80. Commission Prescribed Forms.
TRD-9901152
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: February 24, 1999
The Public Utility Commission of Texas files this notice of intention to
review §23.50 relating to Central System or Nonsubmetered Master-Metered
Utilities and §23.51 relating to Utility Submetering pursuant to the
Appropriations Act of 1997, HB 1, Article IX, Section 167 (Section 167). Project
Number 17709 has been assigned to the review of these rule sections.
As part of this review process, the commission is proposing the repeal
of §23.50 and §23.51 and is proposing new §25.141 of this title
(relating to Central System or Nonsubmetered Master-Metered Utilities) and
§25.142 of this title (relating to Utility Submetering) in Chapter 25,
Substantive Rules Applicable to Electric Service Providers to replace §23.50
and §23.51. The proposed new sections and the proposed repeals may be
found in the Proposed Rules section of the
Texas
Register
. The commission will accept comments on the Section 167 requirement
in the comments filed on the proposed new sections.
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.
TRD-9901205
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Filed: February 26, 1999
Title 34, Part III
The Teacher Retirement System of Texas (TRS) files this notice of intention
to review Title 34, Part III, Texas Administrative Code, Part III, Chapter
21. This review and consideration is in accordance with the General Appropriations
Act, House Bill 1, 75th Legislature, Article IX, §167.
In accordance with the agency rule review plan published in the August
21, 1998, issue of the
Texas Register
, the
Policy Committee of the Board of Trustees has conducted an initial review
of Title 34, Part III, Texas Administrative Code, Chapter 21. The review was
conducted in an open meeting and included an assessment of whether the reasons
for adopting the rules continues to exist. Now that the initial review is
completed by the Policy Committee, the full Board will review Chapter 21 to
make a determination as to whether the reasons for adopting or readopting
these rules continue to exist. The final review is anticipated to be completed
at the Board Meeting scheduled for April 23, 1999.
As part of this review process, TRS proposes an amendment to §21.1
concerning statement of policy. The proposed amendments may be found in the
Proposed Rules section of the
Texas Register
.
TRS 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 amendments.
TRS is proposing the repeal of §21.2 as it is no longer necessary.
The proposed repeal may be found in the proposed rules section of the Texas.
TRS 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.
All comments and/or questions should be directed through Charles L. Dunlap,
Executive Director, Teacher Retirement System of Texas, 1000 Red River, Austin,
Texas 78701 (512) 397-6400.
TRD-9901174
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Filed: February 25, 1999
The Teacher Retirement System of Texas (TRS) files this notice of intention
to review Title 34, Part III, Texas Administrative Code, Part III, Chapter
23. This review and consideration is in accordance with the General Appropriations
Act, House Bill 1, 75th Legislature, Article IX, §167.
In accordance with the agency rule review plan published in the August
21, 1998, issue of the
Texas Register,
the
Policy Committee of the Board of Trustees has conducted an initial review
of Title 34, Part III, Texas Administrative Code, Chapter 23. The review was
conducted in an open meeting and included an assessment of whether the reasons
for adopting the rules continues to exist. Now that the initial review is
completed by the Policy Committee, the full Board will review Chapter 23 to
make a determination as to whether the reasons for adopting or readopting
these rules continue to exist. The final review is anticipated to be completed
at the Board Meeting scheduled for April 23, 1999.
As part of this review process, TRS proposes amendments to §23.1 concerning
grievances and complaints; §23.4 concerning public participation in the
adoption of rules, §23.5 concerning nomination for appointment to the
board of trustees; §23.6 concerning trustee to trustee transfers; §23.7
concerning code of ethics for consultants and agents, and §23.8 concerning
expenditure reporting by consultants, advisors, and brokers. The proposed
amendments may be found in the Proposed Rules section of the
Texas Register
. TRS 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.
TRS is not proposing any changes to §23.2 concerning information requests.
TRS will accept comments regarding the §167 requirement as to whether
the reason for adopting this section continues to exist.
All comments and/or questions should be directed through Charles L. Dunlap,
Executive Director, Teacher Retirement System of Texas, 1000 Red River, Austin,
Texas 78701 (512) 397-6400.
TRD-9901173
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Filed: February 25, 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 17 (Vehicle Titles and
Registration).
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 Jerry L. Dike, Director, Vehicle Titles and Registration Division, Texas
Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483,
or at (512) 465-7570.
TRD-9901229
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: March 1, 1999
Advisory Commission on State Emergency Communications
Title 1, Part XII
Pursuant to the requirements of 1997 Texas General Appropriations Act,
Article IX, Section 167, the Advisory Commission on State Emergency Communications
has reviewed its rules contained in Chapter 252, Administration, of Title
1, Texas Administrative Code. Notice of Intent to Review was published in
the September 18, 1998, issue of the
Texas Register
(23 TexReg 9581).
No comments were received to the Notice of Intent to Review. The Commission
finds that the reasons for readopting Chapter 252, Administration, continue
to exist. The Advisory Commission on State Emergency Communications readopts
1 Texas Administrative Code, Chapter 252 and the rules that fall within this
chapter:
252.1 - Definition of "State Agency"
252.2 - Repealed in February 1995
252.3 - 9-1-1 Administrative Budget Document for Councils of Governments
252.4 - Charges for Open Records Requests
252.5 - Local Adoption of State Provision or Rule
252.6 - Wireless Service Fee Proportional Distribution
These rules are readopted under the authorization of the Texas Health and
Safety Code, Chapter 771, §§771.051, 771.0711, 771.056, 771.057,
771.062; Article 1432f, Section 6; and Government Code, Chapter 552, Subchapter
F, Acts 1993, 73rd Legislature, Chapter 428, Section 5.
TRD-9901242
James D. Goerke
Executive Director
Advisory Commission on State Emergency Communications
Filed: March 1, 1999
Title 43, Part I
The Texas Department of Transportation readopts, Title 43, TAC, Part I,
§§22.10-22.16, Use of State Highway Right of Way; §25.1, Uniform
Traffic Control Devices; §25.5, Installation, Operation, and Maintenance
of Traffic Signals; §25.6, Payment for and Erection of Signs by Others
on State Highway Routes; §25.7, Removal and Storage of Personal Property;
§25.9, Naming of Memorial Highways and Historical Routes; §25.10,
Signs on State Highway Right of Way; §25.11, Continuous and Safety Lighting
Systems; §25.12, Procedures for Establishing Speed Zones; §§25.70-25.76,
Railroad Grade Crossings; §§25.101-25.104, Hazardous Material Routing
Designations; §§25.400-25.409, Specific Information Logo Sign Program;
§§25.420-25.425, City Pride Sign Program; §§25.700-25.708,
Agricultural Interest Sign Program; and §§25.901-25.913, Traffic
Safety Program. This review was conducted in accordance with the General Appropriations
Act of 1997, House Bill 1, Article IX, §167. Title 43, TAC, Part I, §§22.10-22.16,
Use of State Highway Right of Way; §25.1, Uniform Traffic Control Devices;
§25.2, Freeway Corridor Management System; §25.5, Installation,
Operation, and Maintenance of Traffic Signals; §25.6, Payment for and
Erection of Signs by Others on State Highway Routes; §25.7, Removal and
Storage of Personal Property; §25.9, Naming of Memorial Highways and
Historical Routes; §25.10, Signs on State Highway Right of Way; §25.11,
Continuous and Safety Lighting Systems; §25.12, Procedures for Establishing
Speed Zones; §§25.70-25.76, Railroad Grade Crossings; §§25.101-25.104,
Hazardous Material Routing Designations; §§25.400-25.409, Specific
Information Logo Sign Program; §§25.420-25.425, City Pride Sign
Program; §§25.700-25.708, Agricultural Interest Sign Program; and
§§25.901-25.913, Traffic Safety Program.
The proposed review was published in the January 1, 1999, issue of the
TRD-9901231
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: March 1, 1999
The Texas Department of Transportation readopts, without changes, Title
43, TAC, Part I, Chapter 30 (relating to Aviation). 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 September 11, 1998, issue of the
TRD-9901230
Bob Jackson
Deputy General Counsel
Texas Department of Transportation
Filed: March 1, 1999
Texas Natural Resource Conservation Commission
Texas State Board of Examiners of Psychologists
Public Utility Commission of Texas
Teacher Retirement System of Texas
Texas Department of Transportation
Adopted Rule Reviews
Texas Department of Transportation