Title 1, Part 2

The Texas Ethics Commission inadvertently submitted the wrong notice of review in September 1999. The notice was published in the September 17, 1999, issue of the Texas Register (24 TexReg 7773) and indicated that the commission was reviewing Title 1, Texas Administrative Code, Chapters 6 (Organization and administration), 8 (Advisory Opinions), and 10 (Ethics Training Programs). The notice should have been for Title 1, Texas Administrative Code, Chapters 12 (Sworn Complaints) and 40 (Financial Disclosure for Public Officials).

To provide adequate notice of the review process for chapters 12 and 40 and to allow interested individuals to comment on the review, the commission is resubmitting its intention to review and will not submit a notice of readoption until 30 days after the publication of this notice of intention to review.

In accordance with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997 (codified as §2001.039, Government Code), the Texas Ethics Commission proposes to review Title 1, Texas Administrative Code, Chapters 12 (Sworn Complaints) and 40 (Financial Disclosure for Public Officials) The reason for adopting the rules continues to exist.

Comments on the proposed review from any member of the public are solicited. A written comment should be mailed or delivered to Karen Lundquist, Texas Ethics Commission, P.O. Box 12070, Austin, TX 78711-2070, or by facsimile (FAX) to (512) 463-5777. A person who wants to offer spoken comments to the commission concerning the proposed review may do so at any commission meeting during the agenda item "Communication to the Commission from the Public." Information concerning the date, time, and location of commission meetings is available by telephoning (512) 463-5800 or, toll free in Texas, (800) 325-8506.

TRD-200002647

Tom Harrison

Executive Director

Texas Ethics Commission

Filed: April 14, 2000

Title 25, Part 1

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 37. Maternal and Infant Health Services, Subchapter A. Federal Laws and Regulations Governing Maternal and Child Health services Programs, §§37.1 - 37.3; Subchapter B. March of Dimes Rules on Health Education Grants, §§37.11 - 37.15; Subchapter C. Special Senses and Communication Disorders, §§37.21 - 37.46; Subchapter D. Newborn Screening Program, §§37.51 - 37.67, 37.69; Subchapter F. Hemophilia Assistance Program, §§37.111 - 37.125; Subchapter I. Memoranda of Understanding, §§37.191 - 37.193; Subchapter J. Neonatal Care, §37.201; Subchapter K. Epilepsy Program, §§37.211 - 37.224; Subchapter L. Maternal and Infant Health Improvement Program, §§37.231 - 37.244; Subchapter M. Texas Perinatal Care System, §§37.251 - 37.259; Subchapter N. State Maternal and Infant Health Care Program Advisory Committee, §§37.261 - 37.270; Subchapter O. Maternal and Child Health Advisory Committee, §37.281; Subchapter P. Surveillance and Control of Birth Defects, §§37.301 - 37.307; Subchapter Q. Reporting of Elevated Levels of Childhood Lead, §§37.331 - 37.336; and Subchapter R. School Health Advisory Committee, §37.350.

This review is in accordance with the requirements of the Texas Government Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

An assessment will be made by the department as to whether the reasons for adopting or readopting these rules continue to exist. This assessment will be continued during the rule review process. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the department. The review of all rules must be completed by August 31, 2003.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Linda Wiegman, Office of General Counsel, 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-200002768

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 19, 2000

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 38. Chronically Ill and Disabled Children's Services Program, §38.18.

This review is in accordance with the requirements of the Texas Government Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

An assessment will be made by the department as to whether the reasons for adopting or readopting these rules continue to exist. This assessment will be continued during the rule review process. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the department. The review of all rules must be completed by August 31, 2003.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Linda Wiegman, Office of General Counsel, 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-200002769

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 19, 2000

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 39. Primary Health Care Services Program, Subchapter A. Texas Primary Health Care Services Act Program Rules, §§39.1 - 39.22; and Subchapter D. Clearinghouse for Primary Care Providers Seeking Collaborative Practice, §§39.91 - 39.94.

This review is in accordance with the requirements of the Texas Government Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

An assessment will be made by the department as to whether the reasons for adopting or readopting these rules continue to exist. This assessment will be continued during the rule review process. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the department. The review of all rules must be completed by August 31, 2003.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Linda Wiegman, Office of General Counsel, 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-200002770

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 19, 2000

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 97. Communicable Diseases, Subchapter I. Immunization Requirements for Residents of Texas Nursing Homes, §§97.201 - 97.202.

This review is in accordance with the requirements of the Texas Government Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

An assessment will be made by the department as to whether the reasons for adopting or readopting these rules continue to exist. This assessment will be continued during the rule review process. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the department. The review of all rules must be completed by August 31, 2003.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Linda Wiegman, Office of General Counsel, 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-200002771

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 19, 2000

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 98. HIV and STD Control, Subchapter A. HIV Services Grant Program, Division 1. General Provisions, §§98.1 - 98.6, 98.8; Division 2. AIDS/HIV Services Providers, §§98.21 - 98.25 - 98.27 - 98.28, 98.30 - 98.31; Division 3. AIDS/HIV Services; Clients, §§98.41 - 98.44; Subchapter B. HIV Education Grant Programs, Division 1. General Provisions, §§98.61 - 98.66, 98.68; Division 2. AIDS/HIV Education Providers, §§98.81 - 98.84, 98.86 - 98.87, 98.89 - 98.90; Subchapter C. Texas HIV Medication Program, Division 1. General Provisions, §§98.101 - 98.117; Division 2. Advisory Committee, §98.121; and Subchapter D. HIV H.O.P.E. (Health Options to Promote Employment) Project, §§98.131 - 98.146;

This review is in accordance with the requirements of the Texas Government Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

An assessment will be made by the department as to whether the reasons for adopting or readopting these rules continue to exist. This assessment will be continued during the rule review process. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the department. The review of all rules must be completed by August 31, 2003.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Linda Wiegman, Office of General Counsel, 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-200002772

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 19, 2000

Title 7, Part 7

Pursuant to the notice of proposed rule review published in the Texas Register (24 TexReg 10924), December 3, 1999, the State Securities Board (Board) has reviewed and considered for readoption, revision, or repeal, all sections of the following chapters of Title 7, Part VII of the Texas Administrative Code, in accordance with the General Appropriations Act, Article IX, §167, 75th Legislature, and Texas Government Code, §2001.039: Chapter 107, Terminology; Chapter 127, Miscellaneous; and Chapter 131, Guidelines for Confidentiality of Information.

The Board considered, among other things, whether the reasons for adoption of these rules continue to exist. After its review, the Board finds that the reasons for adopting these rules continue to exist and readopts these Chapters, without changes, pursuant to the requirements of §167.

No comments were received regarding the readoption of Chapters 107, 127, and 137.

This concludes the review of 7 TAC Chapters 107, 127, and 137.

TRD-200002609

Denise Voigt Crawford

Securities Commissioner

State Securities Board

Filed: April 12, 2000

Title 28, Part 2

In accordance with the General Appropriation Act, Article IX, §167, 75th Legislature, the General Appropriations Act, Section 9-10, 76th Legislature, and Texas Government Code §2001.039 as added by SB-178, 76th Legislature, and pursuant to the notice of intention to review published in the January 7, 2000 issue of the Texas Register , 25 TexReg 220, the Texas Workers' Compensation Commission has reviewed and considered for readoption the following rules in Title 28, Part II of the Texas Administrative Code:

Chapter 124 Compensation Procedures - Carriers Required Notices and Mode of Payment

§124.1 Notice of Injury

§124.2 Carrier Reporting and Notification Requirements

§124.5 Mode of Payment Made by Carriers

§124.6 Notice of Refused or Disputed Claim

§124.7 Initial Payment of Temporary Income Benefits

The Texas Workers' Compensation Commission (the Commission) has assessed whether the reason for adopting or readopting these rules continues to exist. One comment was received regarding the review of these rules.

Comment: Commenter suggested changes to §124.7 which the commenter believed would make this rule consistent with the statute and provide realistic payment deadlines.

Response: Commenter did not comment on the issue of re-adoption but made suggestions for amendments to the rule. Comments relating to amendments are beyond the scope of this review but will be forwarded to an appropriate rule development team for consideration in future actions by the Commission regarding this rule.

As a result of the review, the Commission has determined that the reason for adoption of the rules 124.1, 124.2, 124.5 & 124.7 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. Although the reason for adopting Rule 124.6 continues to exist, the Commission recently adopted new rule 124.3 which contains the substance of Rule 124.6 and has repealed Rule 124.6. Therefore, rule 124.6 is not readopted.

TRD-200002760

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: April 19, 2000

In accordance with the General Appropriation Act, Article IX, §167, 75th Legislature, the General Appropriations Act, Section 9-10, 76th Legislature, and Texas Government Code §2001.039 as added by SB-178, 76th Legislature, and pursuant to the notice of intention to review published in the February 18, 2000 issue of the Texas Register , 25 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:

Chapter 131 Calculation of Lifetime Income Benefits

§131.1 Initiation of Lifetime Income Benefits

§131.2 Calculation of Lifetime Income Benefits

§131.3 Carrier's Petition for Payment of Benefits By Subsequent Injury Fund

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-200002761

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: April 19, 2000

In accordance with the General Appropriation Act, Article IX, §167, 75th Legislature, the General Appropriations Act, Section 9-10, 76th Legislature, and Texas Government Code §2001.039 as added by SB-178, 76th Legislature, and pursuant to the notice of intention to review published in the February 18, 2000 issue of the Texas Register , 25 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:

Chapter 136 Medical Benefits - Vocational Rehabilitation

§136.1 Review of Employer Report of Injury

§136.2 Registry of Private Providers of Vocational Rehabilitation Services

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-200002762

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: April 19, 2000

In accordance with the General Appropriation Act, Article IX, §167, 75th Legislature, the General Appropriations Act, Section 9-10, 76th Legislature, and Texas Government Code §2001.039 as added by SB-178, 76th Legislature, and pursuant to the notice of intention to review published in the January 7, 2000 issue of the Texas Register , 25 TexReg 220, the Texas Workers' Compensation Commission has reviewed and considered for readoption the following rules in Title 28, Part II of the Texas Administrative Code:

Chapter 143 Dispute Resolution Review By The Appeals Panel

§143.1 Definitions

§143.2 Description of the Appeal Proceeding

§143.3 Requesting the Appeals Panel to Review the Decision of the Hearing Officer

§143.4 Responding to a Request for Review by the Appeals Panel

§143.5 Decision of the Appeals Panel

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-200002763

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: April 19, 2000