Title 40, Part VIII

In accordance with the Texas General Appropriations Act, Article IX, §167, Review of Agency Rules, the Children's Trust Fund of Texas Council (CTF) will review its rules in their entirety for re-adoption, repeal or amendment beginning immediately. The rules to be reviewed are located at 40 Texas Administrative Code Chapters 201, 202, and 203. The Council will consider comments received in response to this notice at its next meeting following the publication of this notice. The meeting is tentatively scheduled for July 1999. Changes to the rules proposed by the Council after considering comments received in response to this notice will appear in the "Proposed Rules" section of the Texas Register and will be adopted in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

Comments regarding the Council's rules may be sent to Sarah Winkler, Director of Education, Children's Trust Fund of Texas Council, 1884 Highway 71 West, Cedar Creek, Texas, 78612. Comments must be received no later than July 1, 1999.

TRD-9902921

Janie D. Fields

Executive Director

Children's Trust Fund of Texas

Filed: May 19, 1999

Title 22, Part III

The Texas Board of Chiropractic Examiners proposes to readopt the following sections from Chapter 75 (concerning Rules of Practice) pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167:

75.1, 75.2, 75.5, 75.6, 75.7, 75.8, 75.9, 75.10, 75.11

A new §75.13 is contemporaneously adopted elsewhere in this issue of the Texas Register.

The agency's reason for adopting the rules contained in this chapter continues to exist.

Comments on the proposals may be submitted to Joyce Kershner, Director of Licensure, Texas Board of Chiropractic Examiners, 333 Guadalupe, Tower III, Suite 825, Austin, Texas 78701, (512) 305-6709.

TRD-9902816

Gary K. Cain, Ed. D.

Executive Director

Texas Board of Chiropractic Examiners

Filed: May 17, 1999

The Texas Board of Chiropractic Examiners proposes to readopt the following sections from Chapter 77 (concerning Advertising and Public Communication) pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167:

77.1, 77.2, 77.3

The agency's reason for adopting the rules contained in this chapter continues to exist.

Comments on the proposals may be submitted to Joyce Kershner, Director of Licensure, Texas Board of Chiropractic Examiners, 333 Guadalupe, Tower III, Suite 825, Austin, Texas 78701, (512)305-6709.

TRD-9902817

Gary K. Cain, Ed. D.

Executive Director

Texas Board of Chiropractic Examiners

Filed: May 17, 1999

The Texas Board of Chiropractic Examiners proposes to readopt the following section from Chapter 80 (concerning Miscellaneous) pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167:

80.1

The agency's reason for adopting the rule contained in this chapter continues to exist.

Comments on the proposal may be submitted to Joyce Kershner, Director of Licensure, Texas Board of Chiropractic Examiners, 333 Guadalupe, Tower III, Suite 825, Austin, Texas 78701, (512)305-6709.

TRD-9902818

Gary K. Cain, Ed. D.

Executive Director

Texas Board of Chiropractic Examiners

Filed: May 17, 1999

Title 34, Part XI

In accordance with Texas appropriations Act, article IX, §167, Review of Agency Rules, the Office of the Fire Fighters' Pension Commissioner announces that the State Board of Trustees for the Texas Statewide Emergency Services Personnel Retirement Fund will review its rules in their entirety for re-adoption, repeal, or amendment beginning immediately. The rules to be reviewed are located at 34 Tex. Admin. Code Ch. 301. The Board will consider comments received in response to this notice at its next meeting following the publication of this notice. The meeting is tentatively scheduled for August 1999. Changes to the rules proposed by the Board after considering comments received in response to this notice will appear in the "Rules Proposed" section of the Administrative Procedure Act, Tex. Gov't Code Ann, Ch. 2001. Public comments may be addressed to: Morris E. Sandefer, Commissioner, P.O. box 12577, Austin, Texas 78711, and must be received no later than June 30, 1999.

TRD-9902782

Morris E. Sandefer

Commissioner

Fire Fighters' Pension Commission

Filed: May 14, 1999

Title 19, Part I

Texas Higher Education Coordinating Board Chapter 1. Agency Administration The Texas Higher Education Coordinating Board proposes to readopt Chapter 1, Agency Administration, in accordance with the Appropriations Act, Section 167.

The agency's reason for adopting the rules contained in this chapter continues to exist.

Comments on the proposed readoption may be submitted to Don W. Brown, Commissioner of Higher Education, P.O. Box 12788, Austin, Texas 78711.

TRD-9902813

James McWhorter

Assistant Commissioner for Administration

Texas Higher Education Coordinating Board

Filed: May 17, 1999

Title 22, Part XXI

The Texas State Board of Examiners of Psychologists proposed to review Chapter 463. Applications & Examinations, and Chapter 465, §465.38, in accordance with the Appropriations Act, Section 167. As part of this review process, the Board proposes to amend the existing §463.5 and §463.29; to repeal the existing §§463.1-463.3, 463.6-463.11, 463.13-463.18, 463.20-463.28, 463.32, and §465.38; and to propose new §§463.1-463.3, 463.6, 463.8-463.12, 463.14-463.19, 463.21, 463.23, 463.25, 463.27, and 463.30. 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 §463.4.

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-9902785

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Filed: May 14, 1999

Title 22, Part XXXII

The State Board of Examiners for Speech-Language Pathology and Audiology (board) will review and consider for readoption, revision or repeal rules in 22 Texas Administrative Code, Part XXXII, Chapter 741, Speech-Language Pathologists and Audiologists. The review and consideration is being conducted in accordance with the General Appropriations Act, Article IX, Rider 167, passed by the 75th Legislature.

The board will review its rules which became effective prior to September 1, 1997. The assessment made by the agency at this time indicates that the reasons for adoption or readopting these rules continues 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 to the review may be submitted in writing within 60 days following the publication of this notice in the Texas Register to Dorothy Cawthon, State Board of Examiners for Speech-Language Pathology and Audiology, 1100 West 49th Street, Austin, Texas, 78756-3183.

TRD-9902926

John Ashby, Ph.D.

Chairman

State Board of Examiners for Speech-Language Pathology and Audiology

Filed: May 19, 1999

Title 40, Part IV

The Texas Commission for the Blind adopts the review of all rules in Chapter 171 of the Texas Administrative Code pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167. The Board received no public comments related to the rule review. As part of this review process, the Commission is concurrently proposing changes to the chapter to eliminate rules that were identified as no longer needed and to rewrite the chapter for clarity. The Commission will receive public comments on the proposed changes to the chapter during the normal rule-making process and intends to adopt them at a future date.

TRD-9902880

Terrell I. Murphy

Executive Director

Texas Commission for the Blind

Filed: May 18, 1999

Title 34, Part IV

The Employees Retirement System of Texas readopts §73.39, concerning One-Time Increase to Certain Annuitants, in accordance with the Appropriations Act, Article IX, §167, as the agency's reason for adopting this Section continues to exist. The proposed review was published in the April 9, 1999, issue of the Texas Register (24 TexReg 2956). No comments were received regarding this review.

TRD-9902778

Sheila W. Beckett

Executive Director

Employees Retirement System of Texas

Filed: May 14, 1999

Title 22, Part XI

The Board of Nurse Examiners adopts the review of Chapter 216, Continuing Education and Chapter 217, Licensure, Peer Assistance and Practice in accordance with the Appropriations Act, §167, published in the February 19, 1999, issue of the Texas Register (24 TexReg 1249).

The Board of Nurse Examiners received comments from the Coalition for Nurses in Advanced Practice and from the Texas Nurses Association relating to the adoption of these new chapters. The comments were reviewed by board members at their April 22, 1999 meeting. The comments and the Boards response can be found under the Adopted section in this issue of the Texas Register .

TRD-9902723

Kathy Thomas, MH, RN

Executive Director

Board of Nurse Examiners

Filed: May 12, 1999

Title 22, Part XVII

The Texas State Board of Plumbing Examiners adopts the review of the following sections from Chapter 361, concerning Administration, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167:

Subchapter A. General Provisions.

§§361.1-361.9

Subchapter B. Petition for Adoption of Rules.

§§361.21-361.28

Subchapter C. Election of Board Officers.

§361.29

The proposed review was published in the March 26, 1999, issue of the Texas Register (24 TexReg 2360)

The Texas State Board of Plumbing Examiners is contemporaneously adopting amendments to §§361.1, 361.6-361.9, 361.25-361.27 and 361.29, elsewhere in this issue of the Texas Register .

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 361, Administration.

TRD-9902760

Robert L. Maxwell

Chief of Field Services/Investigations

Texas State Board of Plumbing Examiners

Filed: May 12, 1999

Title 22, Part XXI

The Texas State Board of Examiners of Psychologists (TSBEP) adopts the review of 22 TAC Chapter 461, General Rulings, and 22 TAC Chapter 465, Rules of Practice, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167, published in the September 11, 1998, (23 TexReg 9440), and March 12, 1999, (24 TexReg 1844), issues of the Texas Register .

The TSBEP received no comments related to the rule review requirement as to whether the reason for adopting the rules continues to exist. As the result of its review process, the TSBEP adopts amendments to §§461.2, 461.4-461.9, 461.11, and 461.14, 461.15, and §§465.3, 465.27, and 465.30. The adopted amendments may be found in the Adopted Rules section of the Texas Register. The Board further adopts new rules §461.3, a new Chapter 462, §§462.1-462.14, and §§465.1, 465.2, 465.5-465.10, 465.12-465.22, 465.25, 465.26, 465.29, 465.32-465.35, and 465.37. The adopted new rules may be found in the Adopted Rules section of the Texas Register . The Board does not readopt and is repealing §§461.10, 461.12, 461.17-461.30, and §§465.1-465.2, 465.7, 465.10-465.11, 465.13-465.14, 465.22-465.23, 465.33, and 465.36 in the Texas Register . The Board finds that the reasons for adopting the remaining rules, §461.1, §461.13, §461.16, §465.4, §465.28, and §465.31, continues to exist and readopts these rules.

TRD-9902786

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Filed: May 14, 1999

Title 16, Part II

The Public Utility Commission of Texas (commission) has completed the review of Procedural Rules, Subchapter P (relating to Dispute Resolution), §§22.301 relating to Purpose; 22.302 relating to Definitions; 22.303 relating to Mediation; 22.304 relating to Voluntary Alternative Dispute Resolution; 22.305 relating to Compulsory Arbitration; 22.306 relating to Confidential Information; 22.307 relating to Subsequent Proceedings; 22.308 relating to Approval of Negotiated Agreements; 22.309 relating to Approval of Arbitrated Agreements; and 22.310 relating to Consolidation as noticed in the February 12, 1999, Texas Register (24 TexReg 1005). The commission readopts §§22.301 and 22.303 - 22.310 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 §22.302. Project Number 20352 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 §§22.307-22.309 as published in the Texas Register on February 12, 1999 (24 TexReg 897). The commission proposed the repeal of §22.302 as published in the Texas Register on February 12, 1999 (24 TexReg 900). The commission proposed no changes to §§22.301, 22.303-22.306 or 22.310. The Office of Public Utility Counsel (OPC) and Southwestern Bell Telephone Company (SWBT) 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-9902764

Rhonda Dempsey

Rules Coordinator

Public Utility Commission of Texas

Filed: May 13, 1999

Title 34, Part III

The Teacher Retirement System of Texas (TRS) adopts the review of Title 34, Part III, Texas Administrative Code, Part III, Chapter 21 and Chapter 23. The review and consideration were 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 conducted an initial review of Title 34, Part III, Texas Administrative Code, Chapters 21 and 23. The review was conducted in an open meeting and included an assessment of whether the reasons for adopting the rules continued to exist. In accordance with the notice of intention to review published in the March 12, 1999, issue of the Texas Register (24 TexReg 1845), the full Board reviewed Chapter 21 and Chapter 23 to make a determination as to whether the reasons for adopting or readopting these rules continued to exist.

No comments regarding the review of Chapters 21 and 23 were received.

TRS finds that the reasons for adopting Chapters 21 and 23 continue to exist. As a result of this review process, TRS is adopting amendments to §21.1 concerning statement of policy and also adopting the repeal of §21.2 as it is no longer necessary. The adoptions appear in this issue of the Texas Register .

Also as a result of the review process, TRS is adopting amendments to §§23.1, 23.4-23.8 that appear in this issue of the Texas Register and readopting §23.2 as it exists.

TRD-9902858

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: May 17, 1999

The Teacher Retirement System of Texas (TRS) adopts the review of Title 34, Part III, Texas Administrative Code, Chapter 27. The review and consideration were 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 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 continued to exist. In accordance with notice published in the March 19, 1999, issue of the Texas Register (24 TexReg 2033), the full Board reviewed Chapter 27 to make a determination as to whether the reasons for adopting or readopting these rules continued to exist. No comments were received regarding this Chapter. The final review was completed at the Board Meeting on April 23, 1999.

TRS finds that the reasons for adopting Chapter 27 continue to exist. As part of this review process, TRS is concurrently adopting amendments to §27.3 concerning false affidavits and §27.6 concerning reinstatement of an account. The adoptions appear in this issue of the Texas Register .

Also as a result of the review process, TRS is adopting 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 readopts §27.2, 27.4, 27.5, 27.8, and 27.10 with no changes.

TRD-9902859

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: May 17, 1999

The Teacher Retirement System of Texas (TRS) adopts the review of Title 34, Part III, Texas Administrative Code, Chapter 29. The review and consideration were 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 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 continued to exist. In accordance with notice published in the March 19, 1999, issue of the Texas Register (24TexReg2033), the full Board reviewed Chapter 29 to make a determination as to whether the reasons for adopting or readopting these rules continued to exist. No comments regarding this Chapter were received. The final review was completed at the Board Meeting on April 23, 1999.

TRS finds that the reasons for adopting Chapter 29 continue to exist. As part of this review process, TRS is concurrently adopting 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.

TRS readopts §§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.

TRD-9902860

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Filed: May 17, 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 February 26, 1999 issue of the Texas Register , 24 TexReg 1402, the Texas Workers' Compensation Commission has reviewed and considered for readoption the following rules in Title 28, Part II of the Texas Administrative Code:

§120.1 Employer's Record of Injuries

§120.2 Employer's First Report of Injury

§120.3 Employer's Supplemental Report of Injury

§129.1 Definitions for Temporary Income Benefits Calculation

§129.2 Calculation of Temporary Income Benefit for Employees Who Earn Less Than $8.50 Per Hour

§129.3 Information Included with the First Payment of Temporary Income Benefits

§129.4 Adjustment of Temporary Income Benefit Amount

§129.5 Bona Fide Offers of Employment

The Texas Workers' Compensation Commission (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 or repealed, the repeal or revisions of the rules will be accomplished in accordance with the Administrative Procedure Act.

TRD-9902784

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: May 14, 1999