Agency Rule Review Plans
Texas Ethics Commission
Title 1, Part 2
Filed: July 28, 2000
Title 43, Part 1
Filed: July 31, 2000
Texas Department of Agriculture
Title 4, Part 1
Filed: July 26, 2000
Title 40, Part 19
Filed: July 28, 2000
Title 16, Part 8
Filed: July 27, 2000
Texas Natural Resource Conservation Commission
Title 30, Part 1
The Texas Natural Resource Conservation Commission (commission) notices
the intention to review and propose the readoption of Chapter 292, River Authorities.
The review of Chapter 292 is proposed in accordance with the requirements
of Texas Government Code, §2001.039; and the General Appropriations Act,
Article IX, §9-10.13, 76th Legislature, 1999, which requires state agencies
to review and consider for readoption each of their rules every four years.
A review must include an assessment of whether the reasons for the rules continue
to exist.
Chapter 292, River Authorities, defines the local governments to be known
as River Authorities and imposes administrative, management, and reporting
responsibilities. Each River Authority must adopt administrative policies
consistent with certain provisions in the Texas Water Code, Local Government
Code, Texas Government Code, and the Texas Constitution. Each River Authority
must purchase an independent management audit or institute an independent
internal audit function within the organization. Each River Authority must
file with the commission status reports about these responsibilities and the
commission may conduct a review to determine compliance.
The commission conducted a preliminary review of the rules under Chapter
292 and has determined that the reasons for adopting the rules continues to
exist. The rules are needed to implement provisions of state law including
Article III, §52, Texas Constitution and Texas Water Code, Chapter 12.
The commission invites comments on whether the reasons for the rules in Chapter
292 continue to exist.
Comments may be submitted to Ms. Patricia Durón, Office of Environmental
Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087
or faxed to (512) 239-4808. All comments should reference Rule Log Number
2000-018-292-WT and must be submitted in
writing
.
Comments must be received by
5:00 p.m., September 11,
2000
. For further information or questions concerning this proposal,
please contact Mr. Michael Bame, Policy and Regulations Division, at telephone
number (512) 239-5658. Texas Natural Resource Conservation Commission
Page 2 Chapter 292 - River Authorities Rule Log No. 2000-018-292-WT
TRD-200005190
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: July 27, 2000
Title 40, Part 19
The Texas Department of Protective and Regulatory Services (TDPRS) proposes
to review Title 40 Texas Administrative Code Chapter 700, Child Protective
Services. Under the Texas Government Code, §2001.039, and the General
Appropriations Act of 1997, Article IX, §167, state agencies must review
their rules and readopt, readopt with amendments, or repeal rules as a result
of the required rule review.
The objective of the rule review is to repeal or amend any rules necessary
to ensure that all rules are consistent with current law and policy.
Comments on the review of 40 TAC Chapter 700, Child Protective Services,
may be submitted to Jola Edwards (512) 438-4153, or TDPRS, Texas Register
Liaison, Legal Services, P.O. Box 149030, Mail Code E-611, Austin, Texas 78714-9030,
or faxed to (512) 438-3022. All comments must be received within 30 days of
publication in the
Texas Register
.
TRD-200005227
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Filed: July 28, 2000
The Texas Department of Protective and Regulatory Services (TDPRS) proposes
to review Title 40 Texas Administrative Code Chapter 708, Medicaid Targeted
Case Management Program. This review is pursuant to the Texas Government Code, §2001.039,
and the General Appropriations Act of 1997, Article IX, §167.
As required by the Texas Government Code, §2001.039, and the General
Appropriations Act of 1997, Article IX, §167, TDPRS will accept comments
regarding whether the reason for adopting each of the rules in Chapter 708
continues to exist.
Comments on the review of 40 TAC Chapter 708, Medicaid Targeted Case Management
Program, may be submitted to Clarice Cefai at (512) 438-5530, or TDPRS, Texas
Register Liaison, Legal Services, P.O. Box 149030, Mail Code E-611, Austin,
Texas 78714-9030, or faxed to (512) 438-3022. All comments must be received
within 30 days of publication in the
Texas Register
.
TRD-200005229
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Filed: July 28,2000
The Texas Department of Protective and Regulatory Services (TDPRS) proposes
to review Title 40 Texas Administrative Code Chapter 734, Public Information
This review is pursuant to the Texas Government Code, §2001.039, and
the General Appropriations Act of 1997, Article IX, §167.
As required by the Texas Government Code, §2001.039, and the General
Appropriations Act of 1997, Article IX, §167, TDPRS will accept comments
regarding whether the reason for adopting each of the rules in Chapter 734
continues to exist.
Comments on the review of 40 TAC Chapter 734, Public Information, may be
submitted to Phoebe Knauer at (512) 438-5916, or TDPRS, Texas Register Liaison,
Legal Services, P.O. Box 149030, Mail Code E-611, Austin, Texas 78714-9030,
or faxed to (512) 438-3022. All comments must be received within 30 days of
publication in the
Texas Register
.
TRD-200005230
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Filed: July 28, 2000
The Texas Department of Protective and Regulatory Services (TDPRS) proposes
to review Title 40 Texas Administrative Code Chapter 736, Memoranda of Understanding
with Other State Agencies. This review is pursuant to the Texas Government
Code, §2001.039, and the General Appropriations Act of 1997, Article
IX, §167.
As required by the Texas Government Code, §2001.039, and the General
Appropriations Act of 1997, Article IX, §167, TDPRS will accept comments
regarding whether the reason for adopting each of the rules in Chapter 736
continues to exist.
Comments on the review of 40 TAC Chapter 736, Memoranda of Understanding
with Other State Agencies, may be submitted to Phoebe Knauer at (512) 438-5916,
or TDPRS, Texas Register Liaison, Legal Services, P.O. Box 149030, Mail Code
E-611, Austin, Texas 78714- 9030, or faxed to (512) 438-3022. All comments
must be received within 30 days of publication in the
Texas Register
.
TRD-200005231
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Filed: July 28,2000
The Texas Department of Protective and Regulatory Services (TDPRS) proposes
to review Title 40 Texas Administrative Code Chapter 740, Investigations.
This review is pursuant to the Texas Government Code, §2001.039, and
the General Appropriations Act of 1997, Article IX, §167.
TDPRS has found that the reason for adopting this chapter does not continue
to exist and is repealing this chapter. The proposed repeals may be found
in the Proposed Rules section of this issue of the
Texas Register
.
Comments on the review of 40 TAC Chapter 740, Investigations, may be submitted
to Phoebe Knauer at (512) 438-5916, or TDPRS, Texas Register Liaison, Legal
Services, P.O. Box 149030, Mail Code E-611, Austin, Texas 78714-9030, or faxed
to (512) 438-3022. All comments must be received within 30 days of publication
in the
Texas Register
.
TRD-200005236
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Filed: July 28, 2000
Texas Department of Agriculture
Title 4, Part 1
The Texas Department of Agriculture (the department) adopts the review
of Title 4, Texas Administrative Code, Part 1, Chapter 3, concerning Boll
Weevil Eradication Program, Chapter 9, concerning Seed Quality, Chapter 10,
concerning Seed Certification Standards , Chapter 13, concerning Grain Warehouse,
and Chapter 16, concerning Aquaculture, pursuant to the Texas Government
Code, §2001.039 and the General Appropriations Act, Article IX, §9-10.13,
76th Legislature, 1999 (Section 9-10.13), and readopts these chapter with
the repeals proposed in its notice of intention to review. The proposed notice
of intent to review was published in the June 16, 2000, issue of the
Section 9-10.13 and §2001.039 require state agencies to review and
consider for readoption each of their rules every four years. The review must
include an assessment of whether the original justification for the rules
continues to exist.
As part of the review process, the department proposed the repeal of Title
4, Part 1,§§3.200, 9.13, 10.31, 13.5, and 16.4. These proposals
were also published in the June 16, 2000, issue of the
Texas Register
. No comments were received regarding the proposals
or the department's notice of intention to review Chapters 3, 9, 10, 13 and
16. The repeals are adopted to eliminate unnecessary regulations. The adopted
repeals may be found in the adopted rule section of this issue of the
The department has determined that in addition to adopting the repeal
of §3.200, 9.13, 10.31, 13,5, and 16.4, the reason for adopting or readopting
without changes all remaining sections in Title 4, Part 1, Chapters 3, 9,
10, 13, and 16 continues to exist.
TRD-200005207
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: July 27, 2000
Title 4, Part 5
The State Seed and Plant Board of the Texas Department of Agriculture (the
department) adopts the review of Title 4, Texas Administrative Code, Part
5, Chapter 81, concerning Certification Procedures and Chapter 82, concerning
Administrative Procedures, pursuant to the Texas Government Code, §2001.039
and the General Appropriations Act, Article IX, §9-10.13, 76th Legislature,
1999 (Section 9- 10.13), and readopts these chapters without changes. The
proposed notice of intention to review was published in the June 16, 2000,
issue of the
Texas Register
(25 TexReg 5950).
Section 9-10.13 and §2001.039 require state agencies to review and
consider for readoption each of their rules every four years. The review must
include an assessment of whether the original justification for the rules
continues to exist.
No comments were received regarding the proposed notice. The State Seed
and Plant Board and the department have determined that the reason for adopting
or readopting without changes all sections in Title 4, Part 5, Chapters 81
and 82 continues to exist.
TRD-200005206
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture-State Seed and Plant Board
Filed: July 27, 2000
Title 1, Part 5
General Services Commission Notice of Adoption of
Complete Review of Title 1, T.A.C., Chapter 123
The General Services Commission (the "Commission") has completed the review
of Title 1, Texas Administrative Code, Part 5, Chapter 123 (relating to the
Facilities Construction and Space Management Division as noticed in the June
16, 2000, issue of the
Texas Register
(25
TexReg 5949).
The Commission received no comments on the requirements of the Texas Government
Code, §2001.039 (relating to Agency Review of Existing Rules) as to whether
the reasons for adopting the rules continue to exist. As part of this review
process, the Commission proposed new rules to Chapter 123 and the repeal of
old Chapter 123 which were published in the June 16, 2000 issue of the
The Commission readopts Title 1, T.A.C., Chapter 123 pursuant to the Texas
Government Code, §2001.039 and finds that the reason for adopting Chapter
123 continues to exist.
TRD-200005094
Ann Dillon
General Counsel
General Services Commission
Filed: July 24, 2000
General Services Commission Notice of Adoption of
Complete Review of Title 1, T.A.C., Chapter 125
The General Services Commission (the "Commission") has completed the second
review of Title 1, Texas Administrative Code, Part 5, Chapter 125, Subchapter
A - Travel Management Services, Subchapter B - State Vehicle Fleet Management,
and Subchapter C - Texas Alternative Fuels Program as noticed in the May 26,
2000, issue of the
Texas Register
(25 TexReg
4883).
The Commission received no comments on the requirements of the Texas Government
Code, §2001.039 (relating to Agency Review of Existing Rules) as to whether
the reasons for adopting the rules continue to exist. As part of this review
process, the Commission proposed amendments Chapter 125, Subchapter A, §§125.1
- 125.29 which were published in the May 26, 2000, issue of the
Texas Register
(25 TexReg 4674). The Commission received two comments
concerning the proposed rule amendments. The adoption of the amendments to
Chapter 125 may be found in the Adoption Section of this
Texas Register
.
The Commission readopts Title 1, T.A.C., Chapter 125 pursuant to the Texas
Government Code, §2001.039 and finds that the reason for adopting Chapter
125 continues to exist.
TRD-200005141
Ann Dillon
General Counsel
General Services Commission
Filed: July 25, 2000
Title 30, Part 1
The Texas Natural Resource Conservation Commission (commission) adopts
the review of and readopts with amendments 30 TAC Chapter 307, Surface Water
Quality Standards. This review is in accordance with the requirements of Texas
Government Code, §2001.039, and the General Appropriations Act, Article
IX, §9-10.13, 76th Legislature, 1999, which requires state agencies to
review and consider for readoption each of their rules every four years. A
review must include an assessment of whether the reasons for the rules continue
to exist.
Chapter 307 contains the water quality standards and criteria which the
commission uses to develop and authorize wastewater discharge permits. Section
307.1 contains the general standards policy of the commission and the purpose
for the chapter which includes the maintaining of the quality of water in
the state for public health and enjoyment, propagation and protection of terrestrial
and aquatic life, operation of existing industries, and economic development
of the state. Section 307.2 defines basin classification categories and describes
justifications for standards modifications. Section 307.3 defines terms and
abbreviations used in the standards. Section 307.4 lists the general criteria
which are applicable to all surface water of the state unless specifically
excepted in §307.8, Application of Standards, or §307.9, Determination
of Standards Attainment. Section 307.5 describes the antidegredation policy
and implementation procedures. Section 307.6 establishes criteria and control
procedures for specific toxic substances and total toxicity. Section 307.7
defines appropriate water uses and supporting criteria for site-specific standards.
Section 307.8 sets forth conditions under which portions of the standards
do not apply. Section 307.9 describes sampling and analytical procedures to
determine standards attainment. Section 307.10 lists site-specific standards
and supporting information for each classified segment in Appendices A - C,
partially classified water bodies in Appendix D, and site-specific criteria
that may be derived from any waters in the state in Appendix E.
The commission has determined that the reason for the rules in Chapter
307 continues to exist. The rules in Chapter 307 are adopted under the Texas
Water Code, §26.023, which provides the commission with the authority
to develop rules setting water quality standards for all the water in the
state. These rules are necessary to implement the provisions of Texas Water
Code, §26.023, Water Quality Standards. The rules also implement the
Federal Water Pollution Control Act (Clean Water Act), §303(d), which
requires states to adopt water quality standards and to review and revise
the standards from time to time, but at least once each three-year period.
As part of its review, the commission has determined that revisions to the
standards be made to incorporate new information on toxics and new data on
waters in the state. The commission concurrently adopts amendments to Chapter
307 in the Adopted Rules section of this issue of the
Texas Register
.
A public hearing was held in conjunction with the hearing for the proposed
revisions on March 21, 2000, and the comment period closed on March 31, 2000.
TRD-200005224
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: July 28, 2000
Title 22, Part 19
The Polygraph Examiners Board adopts the review of the following sections
from Chapter 391, concerning Polygraph Examiner Internship, pursuant to the
Appropriations Act of 1997, HB 1, Article IX, §167:
§391.1. Authority
§391.2. Procedure and Qualifications
§391.3. Internship Training Schedule
§391.4. State Examinations for Polygraph Examiner License
§391.5. Intern Supervision
§391.6. Intern Sponsor Reporting
§391.7. Appearance Before the Board
§391.8. Applicant With Out-of-State License
§391.9. Intern Licensure Requirements for Preceptor Trainees
The proposed notice of review was published in the June 23, 2000, issue
of the
Texas Register
(25 TexReg 6175).
The agency finds that the need for the rules contained in this chapter
continues to exist.
No Comments were received regarding adoption of the review.
This concludes the review of Chapter 391, Polygraph Examiner Internship.
TRD-200005168
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Filed: July 26, 2000
The Polygraph Examiners Board adopts the review of the following sections
from Chapter 401, concerning Grievance Review of Disciplinary Action, pursuant
to the Appropriations Act of 1997, HB 1, Article IX, §167:
§401.1. Grievance Policy.
The proposed notice of review was published in the June 23, 2000, issue
of the
Texas Register
(25 TexReg 6175).
The agency finds that the need for the rules contained in this chapter
continues to exist.
No Comments were received regarding adoption of the review.
This concludes the review of Chapter 401, Grievance Review of Disciplinary
Action.
The agency finds that the need for the rules contained in this chapter
continues to exist.
Comments on the review of these proposed rules may be submitted to: Frank
DiTucci, Executive Officer, Polygraph Examiners Board, P.O. Box 4087, Austin,
Texas 78773-0001.
TRD-200005184
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Filed: July 26, 2000
Texas Department of Transportation
Agency Rule Review Plans - Revised
Texas Department of Protective and Regulatory Services
Texas Racing Commission
Proposed Rule Reviews
Texas Department of Protective and Regulatory Services
Adopted Rule Reviews
Texas Department of Agriculture-State Seed and Plant Board
General Services Commission
Texas Natural Resource Conservation Commission
Polygraph Examiners Board