Title 30, Part I

The Texas Natural Resource Conservation Commission (commission) proposes the review of 30 TAC Chapter 330, Subchapters M-V and Y-Z, concerning Municipal Solid Waste. This review is in accordance with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997.

Chapter 330 concerns the management of municipal solid waste. Subchapter M concerns the Solid Waste Technician Training and Certification Program. Subchapter N concerns Landfill Mining. Subchapter O concerns Guidelines for Regional and Local Solid Waste Management Plans. Subchapter P concerns Fees and Reporting. Subchapter Q concerns Memoranda of Agreement and Joint Rules with Other Agencies. Subchapter R concerns Management of Used or Scrap Tires. Subchapter S concerns Assistance Grants and Contracts. Subchapter T concerns se of Land Over Closed Municipal Solid Waste Landfills. Subchapter U concerns Grants Pertaining to the Collection, Reuse, and Recycling of Used Oil. Subchapter V concerns Waste Tire Recycling and Energy Recovery Grants. Subchapter Y concerns Medical Waste Management. Subchapter Z concerns Waste Minimization and Recyclable Materials Recycling Rates and Reporting Requirements; Management of Lead Acid Batteries; Used Oil Collection, Management and Recycling; and Newsprint Recycling. Subchapters A-L are not included in this review of agency rules but will be reviewed at a later date. The commission does not currently have a Subchapter W or X in Chapter 330.

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 the above stated Subchapters of Chapter 330 and determined that the reasons for adopting those rules continue to exist. The above stated subchapters in Chapter 330 are still necessary in that they implement critical provisions of the Texas Health and Safety Code, Chapter 361, Solid Waste Disposal Act, and the Texas Health and Safety Code, Chapter 371, Used Oil Collection, Management and Recycling. These subchapters in Chapter 330 provide necessary rules to carry out the statutory mandates to regulate municipal solid waste.

Comments on the commission's review of the rules contained in the above stated subchapters of Chapter 330 may be submitted to Bettie Bell, TNRCC Office of Policy and Regulatory Development, MC 205, P.O. Box 13087, Austin, Texas, 78711-3087 or comments may be faxed to (512) 239-4808. All comments should reference Rule Log Number 98056-330-WS. Comments must be received by 5:00 p.m., April 19, 1999. For further information, please contact Wayne Lee, of the Waste Policy and Regulations Division, at (512) 239-6815.

TRD-9901277

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: March 1, 1999

Title 22, Part XV

The Texas State Board of Pharmacy proposes to review Chapter 291 (§§291.1-291.23) concerning All Classes of Pharmacies, in accordance with the Appropriations Act, Section 167. In conjunction with this review, the agency proposes amendments to §§291.7, 291.8, 291.10, and 291.17 published elsewhere in this issue of the Texas Register .

Comments on the proposal may be submitted to Steve Morse, R.Ph., Director of Compliance, Texas State Board of Pharmacy, 333 Guadalupe Street, Austin, Texas 78701.

TRD-9901347

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: March 5, 1999

Title 37, Part I

The Texas Department of Public Safety (DPS) files this notice of intention to review Chapter 4 concerning Capitol Police; Chapter 14, concerning School Bus Transportation; and Chapter 16 concerning Commercial Driver's License pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

As part of this review process, the DPS is proposing amendments to Chapter 4: §4.1 and Chapter 14: §§14.1, 14.2, 14.11-14.14, 14.31-14.34, 14.36, 14.51, and 14.52. Amendments to Chapter 16 are: §§16.1, 16.2, 16.9, 16.10, 16.13, 16.32, 16.34, 16.38, 16.43, 16.47-16.49, 16.52, 16.71, 16.74-16.77, 16.91, 16.93-16.102, and 16.105. The proposed amendments may be found in the Proposed Rules section of the Texas Register . The DPS will accept comments on the §167 requirements as to whether the reason for adopting the rules continues to exist in the comments filed on the proposed amendments.

DPS is not proposing any changes to Chapter 4: §§4.2-4.10, and §§4.31-4.46; Chapter 14: §14.35; and Chapter 16: §§16.3-16.8, 16.11, 16.12, 16.31, 16.33, 16.35-16.37, 16.39-16.42, 16.44-16.46, 16.50, 16.51, 16.53-16.55, 16.72, 16.73, 16.78, 16.92, 16.103, and 16.104. DPS's reason for adopting these sections continues to exist. Comments regarding the §167 requirements as to whether the reason for adopting these sections of Chapters 4, 14, and 16 continues to exist, may be submitted to Mary Ann Courter, Chief of Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas, 78773-0140, (512) 424-2890 within 20 days after publication of this notice of intention to review.

Any questions pertaining to this notice of intention to review should be directed to Mary Ann Courter, Chief of Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas, 78773-0140, (512) 424-2890.

TRD-9901325

Dudley M. Thomas

Director

Texas Department of Public Safety

Filed: March 4, 1999

Title 1, Part IV

The Office of the Secretary of State proposes to review Chapters 71, 73-76, 78-80, 83, 87, 91, 93, 95, 97, 99, and 101-105, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

During this review the office will assess whether the reasons for adopting these chapters continue to exist. These chapters will be reviewed to determine whether the rules are obsolete and reflect current legal and policy considerations.

In 1998, the Office of the Secretary of State conducted an extensive review of the rules in Chapter 79 (Corporations), Chapter 80 (Unincorporated Business Entities), Chapter 83 (Limited Partnership), Chapter 93 (Trademark Section: Practice and Procedure) and Chapter 95 (Uniform Commercial Code). Following the review, amendments were proposed for public comment then adopted. As a result, the office does not anticipate significant amendments to the rules in Chapters 79, 80, 83, 93, and 95 as a consequence of the pending rule review under §167 of the General Appropriations Act.

The office intends to revise the rules in Chapter 71 (Office of the Secretary of State) concerning practice and procedure. Several rules will be repealed that merely duplicate statutory language. Rules determined to be obsolete or otherwise unnecessary will be repealed. Several rules will be reorganized for clarity.

In 1997, the office conducted an extensive review of the rules in Chapter 91 (Texas Register). Following the review, amendments were proposed for public comment then adopted in early 1998. As a result, the office does not anticipate significant amendments to the rules in Chapter 91 as a consequence of the pending rule review under Section 167 of the General Appropriations Act. The office intends to reorganize the rules in Chapter 91 to improve clarity. Also, revisions and new rules may be proposed concerning electronic filing of documents and concerning subscription fees for on-line value-added services.

The office intends to repeal the rules in Chapter 99 (Standards of Conduct of State Officers and Employees) concerning financial statement filings by state officers because the Secretary of State's authority to enforce these rules was repealed at the time the Texas Ethics Commission was created. For the same reason rules in Chapter 231 (Advisory Opinions) will be repealed. The State Ethics Advisory Commission no longer exists.

The office intends to revise the rules in Chapter 101 (Practice and Procedure before the Office of the Secretary of State) in order to conform to current rules of the State Office of Administrative Hearings and eliminate any rules that are duplicated in the SOAH rules.

Comments on the proposed review may be submitted in writing by April 19, 1999. Please address comments to Dan Procter, P.O. Box 13824, Austin, Texas, 78711-3824 or e-mail comments to dprocter@sos.state.tx.us.

Chapters:

71. Office of the Secretary of State

73. Statutory Documents

74. Credit Services Organizations

75. Automobile Club

76. Use of a Deceased Individual's Name, Voice, Signature, Photograph, or Likeness

78. Athlete Agents

79. Corporations

80. Unincorporated Business Entities

83. Limited Partnership

87. Notary Public

91. Texas Register

93. Trademark Section: Practice and Procedure

95. Uniform Commercial Code

97. Business Opportunity

99. Standards of Conduct of State Officers and Employees

101. Practice and Procedure Before the Office of the Secretary of State

102. Health Spas

103. Membership Camping Resorts

104. Wrestling Promoters

105. Solicitations

TRD-9901558

Jeff Eubank

Assistant Secretary of State

Office of the Secretary of State

Filed: March 15, 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 51. 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 51. 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 51 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 is proposing no changes to the Chapter. TRS will accept comments on the §167 requirement as to whether the reason for adopting these rules 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) 517-6400.

TRD-9901368

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: March 5, 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 27. 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 27. 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 27 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 § 27.3 concerning false affidavits and §27.6 concerning reinstatement of an account. 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 also proposing the repeal of §27.1 concerning the termination of membership because of absence, §27.7 concerning retired members reinstating membership, and §27.9 concerning reinstatement of transferred ERS covered service. 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 repeals.

TRS is not proposing any changes to §§27.2, 27.4, 27.5, 27.8 and 27.10. TRS will accept comments regarding the §167 requirement as to whether the reason for adopting these sections 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-9901369

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: March 5, 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 29. 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 29. 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 29 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 §29.8 concerning retirement payment plans, §29.9 concerning survivor benefits, §29.22 concerning approval of disability retirements, §29.33 concerning absence from service and §29.34 concerning limitations with respect to benefits and death before retirement. 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 §§29.4, 29.5, 29.10, 29.11, 29.13-29.21, 29.23-29.26, 29.40, 29.50-29.54, and 29.61-29.64. TRS will accept comments regarding the §167 requirement as to whether the reason for adopting these sections 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-9901370

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: March 5, 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 31. 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 31. 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 31 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 §31.3 concerning permissible substitute employment, §31.7 concerning regular employment having no effect on annuity, §31.8 concerning one-half time employment, §31.10 concerning monthly certified statements, §31.11 concerning requirements to become an active member after retirement, and §31.13 concerning employment up to three months on a one time only trial basis for disability retirees. 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 §§31.1, 31.2, 31.6, 31.9, and 31.12. TRS will accept comments regarding the §167 requirement as to whether the reason for adopting these sections 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-9901371

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: March 5, 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 33. 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 33. 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 33 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 §33.1 concerning approval of an optional settlement involving a minor and §33.2 concerning payments for the account of a minor child. 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 §§33.3-33.6. TRS will accept comments regarding the §167 requirement as to whether the reason for adopting these sections 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-9901372

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: March 5, 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 35. 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 35. 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 35 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 is proposing no changes to the Chapter. TRS will accept comments on the §167 requirement as to whether the reason for adopting these rules 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-9901373

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: March 5, 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 37. 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 37. 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 37 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 is proposing no changes to the Chapter. TRS will accept comments on the §167 requirement as to whether the reason for adopting these rules 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-9901374

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: March 5, 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 39. 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 39. 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 39 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 is proposing no changes to the Chapter. TRS will accept comments on the §167 requirement as to whether the reason for adopting these rules 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-9901375

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: March 5, 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 41. 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 41. 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 41 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 § 41.1 concerning enrollment periods for the Texas Public School retired Employees group insurance Program and §41.3 concerning the group insurance advisory committee. 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 also proposing the repeal of §41.11 concerning active member insurance contingency reserve fee. 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 repeals.

TRS is not proposing any changes to §§41.5, 41.7-41.10, 41.12, and 41.13. TRS will accept comments regarding the §167 requirement as to whether the reason for adopting these sections 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-9901427

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: March 8, 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 43. 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 43. 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 43 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 §§43. 1, 43.3-43.6, 43.8-43.13, 43.16, 43.25, 43.36-43.39, 43.43, 43.45-43.47. 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 also proposing the repeal of §43.22. 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 repeals.

TRS is not proposing any changes to §§43.2, 43.7, 43.14, 43.15, 43.17-43.21, 43.23, 43.24, 43.26-43.35, 43.40-43.42, and 43.44. TRS will accept comments regarding the §167 requirement as to whether the reason for adopting these sections 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-9901428

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: March 8, 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 45. 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 45. 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 45 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 is proposing no changes to the Chapter. TRS will accept comments on the §167 requirement as to whether the reason for adopting these rules 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) 457-6400.

TRD-9901376

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: March 5, 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 47. 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 47. 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 47 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 § 47.3 concerning review of orders, §47.5 concerning orders that are not qualified, §47.6 concerning the appeal of notice that order is not qualified. 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 §§47.1, 47.2, 47.4, 47.7-47.10, and 47.13-47.16. TRS will accept comments regarding the §167 requirement as to whether the reasons for adopting these sections 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-9901429

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: March 8, 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 49. 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 49. 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 49 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 §49.1 concerning administrative procedures, §49.3 concerning referrals of matters to attorney general for collection, §49.5 concerning records, and §49.7 concerning exceptions. 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 §§49.2, 49.4, and 49.6. TRS will accept comments regarding the §167 requirement as to whether the reason for adopting these sections 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-9901430

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: March 8, 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 51. 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 51. 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 51 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 is proposing no changes to the Chapter. TRS will accept comments on the §167 requirement as to whether the reason for adopting these rules 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) 517-6400.

TRD-9901377

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: March 5, 1999

The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 76, Extracurricular Activities, pursuant to the 1998-1999 General Appropriations Act, Section 167. The TEA proposed the review of 19 TAC Chapter 76 in the January 22, 1999, issue of the Texas Register (24 TexReg 423).

The TEA finds that the reason for adopting continues to exist. The TEA received no comments related to the rule review requirement as to whether the reason for adopting the rule continues to exist. No changes are being proposed to the rule as a result of the review.

TRD-9901409

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Filed: March 8, 1999

Title 22, Part XV

The Texas State Board of Pharmacy adopts the review of Chapter 283 (§§283.1-283.11), concerning Licensing Requirements for Pharmacists, pursuant to the Appropriations Act, Section 167. The proposed rule was published in the December 25, 1998, issue of the Texas Register (23 TexReg 13108).

The agency finds that the reason for adopting the rule continues to exist. No comments were received regarding adoption of the review. No changes were made to the rules as a result of the review.

TRD-9901348

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: March 5, 1999

The Texas State Board of Pharmacy adopts the review of Chapter 291 (§§291.91-291.94), concerning Class D (Clinic) Pharmacies, pursuant to the Appropriations Act, Section 167. The proposed rule was published in the December 25, 1998, issue of the Texas Register (23 TexReg 13108). In conjunction with this review, the agency is adopting amendments to §291.93 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-9901350

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: March 5, 1999

The Texas State Board of Pharmacy adopts the review of Chapter 303 (§§303.1-303.3), concerning Destruction of Dangerous Drugs and Controlled Substances, pursuant to the Appropriations Act, Section 167. The proposed rule was published in the December 25, 1998, issue of the Texas Register (23 Tex Reg 13108). In conjunction with this review, the agency is adopting amendments to Sections 303.1 and 303.2 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-9901349

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: March 5, 1999

Title 28, Part II

In accordance with the Appropriation Act, Article IX, §167, and pursuant to the notice of intention to review published in the January 29, 1999, issue of the Texas Register (24 TexReg 611) the Texas Workers' Compensation Commission (the Commission) has reviewed and considered for readoption the following rule in Title 28, Part II of the Texas Administrative Code:

§108.1 Fees

The Commission has assessed whether the reason for adopting or readopting this rule continues to exist. No comments were received regarding the review of this rule.

As a result of the review, the Commission has determined that the reason for adoption of this rule continues to exist. Therefore, the Commission readopts this rule. If the Commission determines that this rule should be revised, the revision will be accomplished in accordance with the Administrative Procedure Act.

TRD-9901456

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: March 9, 1999

In accordance with the Appropriation Act, Article IX, §167, and pursuant to the notice of intention to review published in the January 15, 1999, issue of the Texas Register (24 TexReg 307) the Texas Workers' Compensation Commission (the Commission) has reviewed and considered for readoption the following rules in Title 28, Part II of the Texas Administrative Code:

§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.

The Commission has assessed whether the reason for adopting or readopting these rules continues to exist. No comments were received regarding the review of these rules.

As a result of the review, the Commission has determined that the reason for adoption of the rules continues to exist. Therefore, the Commission readopts these rules. If the Commission determines that any of these rules should be revised, the revision will be accomplished in accordance with the Administrative Procedure Act.

TRD-9901457

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: March 9, 1999