TITLE rule-review

Proposed Rule Reviews

Comptroller of Public Accounts

Title 34, Part I

The Comptroller of Public Accounts proposes to review and consider for readoption, revision, or repeal 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 M (relating to Inheritance Tax), Subchapter T (relating to Manufactured Housing Sales and Use Tax), Subchapter X (relating to Pari-mutuel Wagering Racing Revenue), and Subchapter Z (relating to Coastal Protection Fee). This review and consideration is being conducted in accordance with Article IX, §167, of House Bill 1, 75th Texas Legislature. The review will include, at a minimum, whether the reasons for adopting or readopting the rules continue to exist.

In accordance with the above referenced §167, the Comptroller will accept comments regarding whether the reason for adopting or readopting each of these rules continues to exist. The comment period will last for 30 days beginning with the publication of this notice in the Texas Register .

Comments pertaining to this notice to review Subchapters D, F, I, J, T, and Z may be submitted to Bryant K. Lomax, Manager, Tax Policy Division , P.O. Box 13528, Austin, Texas, 78711-3528.

Comments pertaining to this notice to review Subchapter M may be submitted to Tom Ellis, Manager, Revenue Accounting Division, P.O. Box 13528, Austin, Texas, 78711-3528.

Comments pertaining to this notice to review Subchapter X may be submitted to Jimmy Archer, Manager, Criminal Investigation Division, P.O. Box 13528, Austin, Texas, 78711-3528.

TRD-9902445

Martin Cherry

Special Counsel

Comptroller of Public Accounts

Filed: April 26, 1999


Texas Department of Economic Development

Title 10, Part V

The Texas Department of Economic Development (Department) files this notice of intention to review and consider for readoption Chapter 180 related to Industrial Projects pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

As part of this review process the Department is proposing amendments to §180.1 and §180.2. The proposed amendments may be found in the Proposed Rules section of the Texas Register . As required by §167, the Department will accept comments regarding whether the reason for adopting the rule continues to exist in the comments filed on the proposed new section. The comment period will last for 30 days beginning with the publication of this notice of intention to review.

Any questions pertaining to this notice of intention to review should be directed to DeAnn Luper, Legal Assistant, Texas Department of Economic Development, 1700 N. Congress, Suite 130, Austin, Texas 78701, for hand-deliveries, P.O. Box 12728, Austin, Texas 78711-2728, for US Mail, and (512) 936-0415 for Facsimiles.

TRD-9902326

Gary Rosenquest

Chief Administrative Officer

Texas Department of Economic Development

Filed: April 20, 1999


The Texas Department of Economic Development (Department) files this notice of intention to review and consider for readoption Chapter 197 related to Private Donations pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.

As part of this review process the Department is proposing amendments to §§197.1, 197.2, 197.4, and 197.6. The proposed amendments may be found in the Proposed Rules section of the Texas Register . As required by §167, the Department will accept comments regarding whether the reason for adopting the rule continues to exist in the comments filed on the proposed new section. The comment period will last for 30 days beginning with the publication of this notice of intention to review.

Any questions pertaining to this notice of intention to review should be directed to DeAnn Luper, Legal Assistant, Texas Department of Economic Development, 1700 N. Congress, Suite 130, Austin, Texas 78701, for hand-deliveries, P.O. Box 12728, Austin, Texas 78711-2728, for US Mail, and (512) 936-0415 for Facsimiles.

TRD-9902325

Gary Rosenquest

Chief Administrative Officer

Texas Department of Economic Development

Filed: April 20, 1999


Employees Retirement System of Texas

Title 34, Part IV

The Employees Retirement System of Texas has reviewed §73.15, concerning Proportionate Retirement Program-Benefits, in accordance with the Appropriations Act, Article IX, §167, and proposes the rule be amended to delete subsection (a). Please refer to the Proposed Rule Section to review the amendment to §73.15.

Comments on this proposed review may be submitted to William S. Nail, Deputy Executive Director and General Counsel, Employees Retirement System of Texas, P.O. Box 13207, Austin, Texas, 78711-3207 or e-mail Mr. Nail at wnail@ers.state.tx.us.

TRD-9902375

Sheila W. Beckett

Executive Director

Employees Retirement System of Texas

Filed: April 21, 1999


Texas Department of Health

Title 25, Part I

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 43, Utilization Control, §§43.22-43.25.

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

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. These rules will be reviewed to determine whether they are obsolete, whether the rules reflect current legal and policy considerations, and whether the rules reflect 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 Becky Brownlee, Health Care Financing, 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-9902540

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 28, 1999


Texas Department of Licensing and Regulation

Title 16, Part IV

The Texas Department of Licensing and Regulation (department) files this notice of intent to review and consider for readoption, revision, or repeal, Title 16, Texas Administrative Code, Chapter 60, Texas Commission of Licensing and Regulation. This review and consideration is being conducted in accordance with the General Appropriations Act, House Bill 1, Article IX, §167, 75th Legislature.

An assessment will be made by the department as to whether the reasons for adopting or readopting these rules continue to exist. 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.

As required by §167, any questions or written comments pertaining to this rule review may be submitted to Theda Lambert, General Counsel/Director, Legal Services, P.O. Box 12157, Austin, Texas, 78711, facsimile-(512) 475-2872, or by e-mail: theda.lambert@license.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 rules will be open for public comment prior to final adoption or repeal by the department, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001.

Subchapter A. Authority and Responsibilities

16 TAC §60.1. Authority.

16 TAC §60.10. Definitions.

Subchapter B. Organization

16 TAC §60.60. Responsibilities of the Commission-General Provisions.

16 TAC §60.61. Responsibilities of the Commission-Meetings.

16 TAC §60.62. General Powers and Duties of the Commission.

16 TAC §60.63. Responsibilities of the Department and Executive Director.

16 TAC §60.64. Duration of Advisory Committee/Boards/Councils.

16 TAC §60.65. Petition for Adoption of Rules.

Subchapter C. Fees

16 TAC §60.80. Program Fees.

16 TAC §60.81. Charges for Providing Copies of Public Information.

16 TAC §60.82. Dishonored Check Fee.

Subchapter D. Practice and Procedure

16 TAC §60.100. Purpose and Scope.

16 TAC §60.101. Filing, Computation of Time, and Notice.

16 TAC §60.102. Agreements to be in Writing.

16 TAC §60.103. Hearings Examiner.

16 TAC §60.104. Conduct and Decorum.

16 TAC §60.106. Parties.

16 TAC §60.107. Representative Appearances.

16 TAC §60.108. Form and Content of Pleadings.

16 TAC §60.120. Motions.

16 TAC §60.121. Service of Documents on Parties.

16 TAC §60.122. Examination and Correction of Pleadings.

16 TAC §60.123. Amended Pleadings.

16 TAC §60.124. Prepared Testimony and Exhibits.

16 TAC §60.150. Dismissal Without Hearing.

16 TAC §60.151. Disposition by Agreement.

16 TAC §60.152. Prehearing Conference.

16 TAC §60.153. Postponement, Continuance, Withdrawal, or Dismissal.

16 TAC §60.154. Consolidation.

16 TAC §60.155. Discovery.

16 TAC §60.156. Place and Nature of Hearings.

16 TAC §60.157. Order of Procedure.

16 TAC §60.158. Briefs.

16 TAC §60.159. Participation by Telephone.

16 TAC §60.160. Failure to Attend Hearing and Default.

16 TAC §60.170. Reporters and Transcripts.

16 TAC §60.171. The Record.

16 TAC §60.172. Evidence.

16 TAC §60.173. Offer of Proof.

16 TAC §60.174. Formal Exceptions Not Required.

16 TAC §60.190. Proposals for Decision.

16 TAC §60.191. Filing of Exceptions and Replies.

16 TAC §60.192. Final Orders, Motions for Rehearing, and Emergency Orders.

TRD-9902487

Rachelle A. Martin

Executive Director

Texas Department of Licensing and Regulation

Filed: April 27, 1999


The Texas Department of Licensing and Regulation (department) files this notice of intent to review and consider for readoption, revision, or repeal, Title 16, Texas Administrative Code, Chapter 61, Boxing. This review and consideration is being conducted in accordance with the General Appropriations Act, House Bill 1, Article IX, §167, 75th Legislature.

An assessment will be made by the department as to whether the reasons for adopting or readopting these rules continue to exist. 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.

As required by §167, any questions or written comments pertaining to this rule review may be submitted to Theda Lambert, General Counsel/Director, Legal Services, P.O. Box 12157, Austin, Texas, 78711, facsimile-(512) 475-2872, or by e-mail: theda.lambert@license.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 rules will be open for public comment prior to final adoption or repeal by the department, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001.

Subchapter A. Professional and Amateur Boxing

16 TAC §61.1. Authority.

16 TAC §61.10. Definitions.

16 TAC §61.20. Licensing-Promoter.

16 TAC §61.21. Licensing-Referee.

16 TAC §61.22. Licensing-Matchmaker.

16 TAC §61.23. Licensing-Judge.

16 TAC §61.24. Licensing-Timekeeper.

16 TAC §61.25. Licensing-Manager.

16 TAC §61.26. Licensing-Second.

16 TAC §61.27. Licensing-Boxer.

16 TAC §61.40. Bond Requirements for Promoters.

16 TAC §61.50. Reporting Requirements-Promoter.

16 TAC §61.51. Reporting Requirements-Ringside Physician.

16 TAC §61.52. Reporting Requirements-Manager.

16 TAC §61.53. Reporting Requirements-Boxer.

16 TAC §61.60. Responsibilities of the Department for Timekeepers.

16 TAC §61.61. Responsibilities of the Department for Medical Consultants.

16 TAC §61.62. General Prohibitions.

16 TAC §61.63. Responsibilities of the Department for Officials.

16 TAC §61.70. Responsibilities of Promoter.

16 TAC §61.71. Responsibilities-Medical Consultants.

16 TAC §61.72. Responsibilities-Ringside Physician.

16 TAC §61.73. Responsibilities-Referee.

16 TAC §61.74. Responsibilities-Judge.

16 TAC §61.75. Responsibilities-Matchmakers.

16 TAC §61.76. Responsibilities-Manager.

16 TAC §61.77. Responsibilities-Second.

16 TAC §61.78. Responsibilities-Boxers.

16 TAC §61.79. Responsibilities of the Licensee-Female Boxer.

16 TAC §61.80. Fees-Annual Application Fees.

16 TAC §61.90. Sanctions-Administrative Penalties.

16 TAC §61.91. Sanctions-Revocation, Suspension, or Denial because of a Criminal Conviction.

16 TAC §61.92. Sanctions-Indefinite Suspension.

16 TAC §61.100 . Technical Requirements-Conduct of Promotion.

16 TAC §61.101. Technical Requirements-Ring and Equipment.

16 TAC §61.102. Technical Requirements-Contract between Promoter and Boxer.

16 TAC §61.103. Technical Requirements-Tickets.

16 TAC §61.104. Technical Requirements-Ringside Physician.

16 TAC §61.105. Technical Requirements-Referee.

16 TAC §61.106. Technical Requirements-Judge Scoring.

16 TAC §61.107. Technical Requirements-Timekeeper.

16 TAC §61.108. Technical Requirements-Between-round Care.

16 TAC §61.109. Technical Requirements-Boxer.

16 TAC §61.110. Technical Requirements-Boxer's Weigh-in and Time Requirements.

16 TAC §61.111. Waiver of Rules.

16 TAC §61.112. Technical Requirements-Post-Contest Procedures.

16 TAC §61.113. Technical Requirements-Championship Contests.

16 TAC §61.114. Technical Requirements-Amateur Contests.

16 TAC §61.115. Technical Requirements-Kickboxers.

Subchapter B. Elimination Tournaments

16 TAC §61.200. General.

16 TAC §61.201. Definitions.

16 TAC §61.202. Registration Requirements.

16 TAC §61.204. Reporting Requirements-Promoter.

16 TAC §61.205. General Prohibitions.

16 TAC §61.206. Responsibilities of the Promoter.

16 TAC §61.207. Responsibilities of the Ringside Physician.

16 TAC §61.208. Responsibilities of the Registrant-Female Contestant.

16 TAC §61.209. Fees.

16 TAC §61.210. Technical Requirements.

16 TAC §61.211. Technical Requirements-Contestant's Weigh-in and Time Requirements.

TRD-9902488

Rachelle A. Martin

Executive Director

Texas Department of Licensing and Regulation

Filed: April 27, 1999


Texas Optometry Board

Title 22, Part XIV

The Texas Optometry Board proposes to review Title 22, Chapters 277, Practice and Procedure; 279, Interpretations; and 280, Therapeutic Optometry; pursuant to House Bill 1, Article IX, §167, 75th Legislature, Regular Session (1997), and the review plan previously filed by the agency. The agency proposes to review for re-adoption the following rules:

Sections 277.1-277.6 regarding Complaint Procedures, Disciplinary Proceedings, Probation, Reinstatement, Felony Convictions, Administrative Fines and Penalties; §§279.1-279.7, 279.9, and 279.17, regarding Interpretations; and §§280.1-280.6, regarding Application for Certification, Required Education, Certified therapeutic Optometrist, utilization of Pharmaceutical Drugs for Therapeutic Optometry, and Advertising by Therapeutic Optometrists.

The agency is proposing to amend §279.13 on this day. That proposal will be published in the Proposed Rules section of the Texas Register .

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-9902385

Lois Ewald

Executive Director

Texas Optometry Board

Filed: April 22, 1999


Texas Workers' Compensation Commission

Title 28, Part II

The Texas Workers' Compensation Commission files this notice of intention to review the rules contained in Chapter 133 concerning Benefits - Medical Benefits. This review is pursuant to the General Appropriations Act, Article IX, Section 167, 75th Legislature.

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 Section 167 requirement as to whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on June 7, 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.

§133.1 Information Required in Communications.

§133.2 Sharing Medical Reports and Test Results.

§133.3 Responsibilities of Treating Doctor.

§133.100 Required Medical Reports.

§133.101 Initial Medical Report.

§133.102 Subsequent Medical Report.

§133.103 Specific Medical Report.

§133.104 Consultant Medical Report.

§133.105 Physical or Occupational Therapy Report.

§133.106 Fair and Reasonable Fees for Required Reports and Records.

§133.206 Spinal Surgery Second Opinion Process.

§133.300 Carrier Payment of Bills from Health Care Providers.

§133.301 Carrier Audit of Bills from Health Care Providers.

§133.302 Notification of Intent to Perform On-Site Audit.

§133.303 Procedure for On-Site Audits: Payments After Audit.

§133.304 Notice of Medical Payment Dispute.

§133.305 Request for Medical Dispute Resolution.

§133.401 Orders for Production of Documents.

§133.402 Delivery of Order: Compliance.

§133.403 Noncompliance: Enforcement.

TRD-9902503

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: April 27, 1999


Adopted Rule Reviews

Texas Animal Health Commission

Title 4, Part II

The Texas Animal Health Commission adopts the review of Chapter 37 (§37.1 and §37.2), concerning Screwworms, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167.

The proposed review was published in the March 26 1999, issue of the Texas Register (24 TexReg 2359)

The agency's reasons for adopting the rules contained in this chapter continue to exist.

No comments were received regarding adoption of the review.

This concludes the review of Chapter 37, Screwworms.

TRD-9902419

Gene Snelson

General Counsel

Texas Animal Health Commission

Filed: April 26, 1999


Interagency Council on Early Childhood Intervention

Title 25, Part VIII

The Interagency Council on Early Childhood Intervention (ECI) adopts the review the following sections from Chapter 621 pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167:

Subchapter B. Early Childhood Intervention Service Delivery.

§621.21

§621.22

§621.23

§621.24

§621.25

§621.26

§621.27

§621.28

§621.29

§621.30

§621.31

§621.32

§621.33

The proposed review was published in the November 27, 1998, issue of the Texas Register (23 TexReg 11969)

The agency's reasons for adopting the rules contained in this chapter continue to exist.

The ECI is contemporaneously adopting amendments to §§621.21, §621.23, and 621.25-621.31 elsewhere in this issue of the Texas Register .

No comments were received regarding adoption of the review.

This concludes the review of Subchapter B. Early Childhood Intervention Service Delivery.

TRD-9902456

Donna Samuelson

Deputy Executive Director

Interagency Council on Early Childhood Intervention

Filed: April 26, 1999


The Interagency Council on Early Childhood Intervention (ECI) adopts the review the following sections from Chapter 621 pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167:

Subchapter C. Procedural Safeguards and Due Process Procedures.

§621.41

§621.42

§621.43

§621.45

§621.46

§621.48

§621.49

The proposed review was published in the January 22, 1999, issue of the Texas Register (24 TexReg 423)

The agency's reasons for adopting the rules contained in this chapter continue to exist.

The ECI is contemporaneously adopting amendments to these sections elsewhere in this issue of the Texas Register .

No comments were received regarding adoption of the review.

This concludes the review of Subchapter C. Procedural Safeguards and Due Process Procedures.

TRD-9902457

Donna Samuelson

Deputy Executive Director

Interagency Council on Early Childhood Intervention

Filed: April 26, 1999


The Interagency Council on Early Childhood Intervention (ECI) adopts the review the following sections from Chapter 621 pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167:

Subchapter Subchapter E. Early Childhood Intervention Service Delivery for Milestones Services.

§621.81

§621.82

§621.83

§621.84

The proposed review was published in the February 26, 1999 issue of the Texas Register (24 TexReg 1401)

The agency is repealing the rules contained in this chapter because they are no longer necessary.

The ECI is contemporaneously adopting the repeal of §§621.81-621.84 elsewhere in this issue of the Texas Register . The sections are no longer necessary.

No comments were received regarding adoption of the review.

This concludes the review of Subchapter E. Early Childhood Intervention Service Delivery for Milestones Services.

TRD-9902458

Donna Samuelson

Deputy Executive Director

Interagency Council on Early Childhood Intervention

Filed: April 26, 1999


Texas Department of Health

Title 25, Part I

The Texas Department of Health (department) readopts the amendments to Title 25, Texas Administrative Code, Part I, Chapter 229, Food and Drug, Subchapter X, Licensure of Device Distributors and Manufacturers, §§229.432 - 229.433, 229.441, and 229.443, which were published as final rules in the December 4, 1998, issue of the Texas Register (23 TexReg 12353), and readopts §§229.431, 229.434 - 229.440, and 229.442 which have not been proposed for any change. The Notice of Intention to Review was published in the September 4, 1998 issue of the Texas Register (23 TexReg 9078). There were no comments received for any of the sections due to the publication of the Notice of Intention to Review. Section 229.444 also was included in the Notice of Intention to Review, however, an amendment will be proposed to that section by the Board of Health in April 1999, and finally adopted later in 1999.

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-9902478

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 27, 1999


Texas Commission on Jail Standards

Title 37, Part IX

The Texas Commission on Jail Standards adopts the review of the following sections from Chapter 260 (concerning County Correctional Centers) pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167:

Subchapter A. General.

260.1, 260.2, 260.3 and 260.4

Subchapter B. CCC Design, Construction and Furnishing Requirements

260.100, 260.101, 260.102, 260.103, 260.104, 260.105, 260.106, 260.107, 260.108, 260.109, 260.110, 260.111, 260.112, 260.113, 260.114, 260.115, 260.116, 260.117, 260.118, 260.119, 260.120, 260.121, 260.122, 260.123, 260.124, 260.125, 260.126, 260.127, 260.128, 260.129, 260.130, 260.131, 260.132, 260.133, 260.134, 260.135, 260.136, 260.137, 260.138, 260.139, 260.140, 260.141, 260.142, 260.143, 260.144, 260.145, 260.146, 260.147, 260.148, 260.149, 260.150, 260.151, 260.152, 260.153, 260.154, 260.155, 260.156, 260.157, 260.158, 260.159, 260.160, 260.161, 260.162 and 260.163

The proposed review was published in the March 26, 1999, issue of the Texas Register (24 TexReg 2359)

No comments were received regarding adoption of the review.

The agency's reasons for adopting the rules contained in this chapter continue to exist.

This concludes the review of Chapter 260, County Correctional Centers.

TRD-9902418

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Filed: April 26, 1999


The Texas Commission on Jail Standards adopts the review of the following sections from Chapter 261 (concerning Existing Construction Rules) pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167:

Subchapter A. Existing Maximum Security Design, Construction and Furnishing Requirements.

261.100, 261.101, 261.102, 261.103, 261.104, 261.105, 261.106, 261.107, 261.108, 261.109, 261.110, 261.111, 261.112, 261.113, 261.114, 261.115, 261.116, 261.117, 261.118, 261.119, 261.120, 261.121, 261.122, 261.123, 261.124, 261.125, 261.126, 261.127, 261.128, 261.129, 261.130, 261.131, 261.132, 261.133, 261.134, 261.135, 261.136, 261.137, 261.138, 261.139, 261.140, 261.141, 261.142, 261.143, 261.144, 261.145, 261.146, 261.147, 261.148, 261.149, 261.150, 261.151, 261.152, 261.153, 261.154, 261.155, 261.156, 261.157, 261.158, 261.159, 261.160, 261.161, 261.162, 261.163, 261.164, 261.165, 261.166, 261.167, 261.168, 261.169, 261.170 and 261.171

Subchapter B. Existing Lockup Design, Construction and Furnishing Requirements.

261.200, 261.201, 261.202, 261.203, 261.204, 261.205, 261.206, 261.207, 261.208, 261.209, 261.210, 261.211, 261.212, 261.213, 261.214, 261.215, 261.216, 261.217, 261.218, 261.219, 261.220, 261.221, 261.222, 261.223, 261.224, 261.225, 261.226, 261.227, 261.228, 261.229, 261.230, 261.231, 261.232, 261.233, 261.234,261.235, 261.236, 261.237, 261.238, 261.239, 261.240, 261.241, 261.242, 261.243, 261.244, 261.245, 261.246, 261.247, 261.248, 261.249, 261.250, 261.251, 261.252, 261.253, 261.254, 261.255, 261.256, 261.257, 261.258, 261.259, 261.260, 261.261, 261.262, 261.263, 261.264, 261.265 and 261.266

Subchapter C. Existing Minimum Security Design, Construction and Furnishing Requirements.

261.300, 261.301, 261.302, 261.303, 261.304, 261.305, 261.306, 261.307, 261.308, 261.309, 261.310, 261.311, 261.312, 261.313, 261.314, 261.315, 261.316, 261.317, 261.318, 261.319, 261.320, 261.321, 261.322, 261.323, 261.324, 261.325, 261.326, 261.327, 261.328, 261.329, 261.330, 261.331, 261.332, 261.333, 261.334, 261.335, 261.336, 261.337, 261.338, 261.339, 261.340, 261.341, 261.342, 261.343, 261.344, 261.345, 261.346, 261.347, 261.348, 261.349, 261.350, 261.351, 261.352, 261.353, 261.354, 261.355, 261.356, 261.357, 261.358, 261.359, 261.360 and 261.361

The proposed review was published in the March 26, 1999, issue of the Texas Register (24 TexReg 2359)

No comments were received regarding adoption of the review.

The agency's reasons for adopting the rules contained in this chapter continue to exist.

This concludes the review of Chapter 261, Existing Construction Rules.

TRD-9902417

Jack E. Crump

Executive Director

Texas Commission on Jail Standards

Filed: April 26, 1999


Texas Department of Public Safety

Title 37, Part I

The Texas Department of Public Safety (DPS) has completed the review of Chapter 3, Traffic Law Enforcement; Chapter 5, Criminal Law Enforcement; and Chapter 25, Safety Responsibility Regulations. Pursuant to the requirements of §167 of the Appropriations Act the DPS readopts the following: Chapter 3: §§3.1-3.10, 3.21, 3.23, 3.25-3.29, 3.41, 3.42, 3.51-3.58, 3.60, 3.61, 3.72-3.74, 3.76, 3.91, 3.101, 3.111, and 3.121; and Chapter 25: §§25.6-25.12, 25.16, and 25.19-25.21.

The proposed review was published in the December 11, 1998, issue of the Texas Register (23 TexReg 12693)

The DPS received no comments as to whether the reason for adopting the rules continues to exist. The DPS finds that the reason for adopting these rules continues to exist.

As part of the review process, the DPS proposed amendments to the following sections as published in the December 18, 1998, issue of the Texas Register (23 TexReg 12869). The proposed amendments are Chapter 3 §§3.22, 3.24, 3.59, and 3.62. The DPS proposed for repeal §§3.63, 3.71, 3.75, and 3.102 with the simultaneous filing of new §3.71. Chapter 5 amendments included the repeal of §§5.1-5.3, 5.11, and 5.21, with the simultaneous filing of new §5.1. Amendments to Chapter 25 included §§25.1-25.5, 25.13-25.15, 25.17, and 25.18.

No comments were received regarding adoption of the review. The DPS finds that the reason for adopting these rules continues to exist.

TRD-9902278

Dudley M. Thomas

Director

Texas Department of Public Safety

Filed: April 19, 1999


Public Utility Commission of Texas

Title 16, Part II

The Public Utility Commission of Texas (commission) has completed the review of 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 as noticed in the January 15, 1999 Texas Register (24 TexReg 307). The commission readopts §§22.241-22.244 and §22.246, pursuant to the requirements of the Appropriations Act of 1997, HB 1, Article IX, §167 (§167) and finds that the reason for adopting these rules continues to exist. The commission repeals §22.245. Project Number 17709 is assigned to this proceeding.

The commission received no comments on the §167 requirement as to whether the reason for adopting the rules continues to exist. As part of this review process, the commission proposed amendments to §§22.241-22.244 as published in the Texas Register on January 15, 1999 (24 TexReg 285). The commission proposed the repeal of §22.245 as published in the Texas Register on January 15, 1999 (24 TexReg 288). The commission proposed no changes to §22.246. Central Power and Light Company (CPL), Southwestern Electric Power Company (SWEPCO) and West Texas Utilities Company (WTU), the Texas electric utility operating companies of the Central and South West Corporation (collectively CSW Companies); Southwestern Bell Telephone Company (SWBT); Texas Electric Cooperatives, Inc. (TEC); and Texas Utilities Electric Company (TUEC) filed comments on the proposed amendments. These comments are summarized in the preamble for the adoption of the proposed amendments.

These sections are adopted under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 and §14.052 (Vernon 1998) which provides the commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction, including rules of practice and procedure.

Cross-Index to Statutes: Public Utility Regulatory Act §14.002 and §14.052.

TRD-9902373

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: April 21, 1999


Texas Savings and Loan Department

Title 7, Part IV

The Finance Commission of Texas has completed the review of Texas Administrative Code, Title 7, Chapter 75 (§§75.1-75.127), relating to Applications, as noticed in the December 25, 1998, issue of the Texas Register (23 TexReg 13109). No comments were received regarding the substance of these rules or whether the reason for adopting these rules continues to exist.

The Texas Savings and Loan Department, which administers these rules, re-adopts 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.

TRD-9902396

James L. Pledger

Commissioner

Texas Savings and Loan Department

Filed: April 23, 1999