Agency Rule Review Plans
Texas Department of Banking
Title 7, Part 2
Filed: August 15, 2000
Title 40, Part 4
Filed: August 11, 2000
Title 34, Part 1
Filed: August 14, 2000
Title 10, Part 5
Filed: August 14, 2000
Title 7, Part 1
Filed: August 15, 2000
Title 25, Part 8
Filed: August 11, 2000
Title 7, Part 7
Filed: August 11, 2000
State Board for Educator Certification
Title 19, Part 7
Filed: August 10, 2000
Comptroller of Public Accounts
Title 34, Part 1
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 A (General Rules); Subchapter E (Miscellaneous
Taxes Based on Gross Receipts); Subchapter G (Cigarette Tax); Subchapter H
(Cigar and Tobacco Tax); Subchapter M (Inheritance Tax); Subchapter U (Public
Utility Gross Receipts Tax); and Subchapter X ( Pari-mutuel Wagering Racing
Revenue) and all sections under Chapter 5 (Funds Management, Fiscal Management)
and Chapter 9 (Property Tax Administration) and all chapters of Title 34,
Part II (Treasury Operations). This review and consideration is being conducted
in accordance with Government Code, §2001.039. 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 §2001.039, 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 A, E, G, H, and
U 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.
Comments pertaining to this notice to review all sections under Chapter
5 may be submitted to Ken Welch, Assistant Director, Fiscal Management, P.O.
Box 13528, Austin, Texas 78711-3528.
Comments pertaining to this notice to review all sections under Chapter
9 may be submitted to Buddy Breivogel, Manager, Property Tax Division, P.
O. Box 13528, Austin, Texas 78711-3528.
Comments pertaining to this notice to review all chapters of Title 34,
Part II may be submitted to Mike Doyle, Director, Treasury Operations, P.
O. Box 13528, Austin, Texas 78711-3528.
TRD-200005756
Martin Cherry
Deputy General Counsel for Tax Policy and Agency Affairs
Comptroller of Public Accounts
Filed: August 15, 2000
Title 10, Part 3
The Texas Department of Economic Development (department) files this notice
of intention to review Chapter 182. Small Business Assistance, Subchapter
A. Business Permit Office pursuant to the Appropriations Act of 1997, House
Bill 1, Article IX, §167.
As part of this review process the department is proposing the repeal of §§182.1-182.4
and the readoption of new subsections. 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 rules continues to exist in the comments
filed on the proposed new section. The comment period will last for thirty
days beginning with the publication of this notice of intention to review.
Written comments on this proposed review may be hand-delivered to DeAnn
Luper, Legal Assistant, Texas Department of Economic Development, 1700 North
Congress, Suite 130, Austin, Texas 78701, mailed to P.O. Box 12728, Austin,
Texas 78711-2728, or faxed to (512) 936-0415, within 30 days of publication.
§182.1. Definitions
§182.2. Comprehensive Application Procedure
§182.3. Comprehensive Application Request Form
§182.4. Agency Response Form
TRD-200005695
Tracye McDaniel
Deputy Executive Director
Texas Department of Economic Development
Filed: August 14, 2000
Title 10, Part 5
The Texas Department of Economic Development (department) files this notice
of intention to review Chapter 172. Texas Rural Economic Development Program
pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167.
As part of this review process the department is proposing the adoption
of amendments to §172.1. 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 rules continues to exist in the comments filed
in the proposed amendments section. The comment period will last for thirty
days beginning with the publication of this notice of intention to review.
Written comments on this proposed review may be hand-delivered to DeAnn
Luper, Legal Assistant, Texas Department of Economic Development, 1700 North
Congress, Suite 130, Austin, Texas 78701, mailed to P.O. Box 12728, Austin,
Texas 78711-2728, or faxed to (512) 936-0415, within 30 days of publication.
§172.1. General Provisions
§172.2. Texas Rural Economic Development Fund
§172.3. Eligibility Requirements
§172.4. Filing Requirements and Consideration of Applications
§172.5. Contents of Application
§172.6. General Terms and Conditions of Department's Financial Commitment
§172.7. Criteria for Approval of Loan Guaranty
§172.8. Loan Administration
§172.9. Loan Review Committee
§172.10. Eligible Lenders
TRD-200005699
Tracye McDaniel
Deputy Executive Director
Texas Department of Economic Development
Filed: August 14, 2000
Title 1, Part 12
The Commission on State Emergency Communications proposes to review §251.9,
concerning Guidelines for Addressing Maintenance Funds, in accordance with
the Appropriations Act, Article IX, §167.
The Commission on State Emergency Communications previously proposed and
adopted the review regarding this section, which was effective August 16,
1999. The agency would again like to invite public comment and feedback regarding
this section.
The Commission on State Emergency Communications will accept comments for
30 days following the publication of this rule review in the
Texas Register
. Comments on the proposal may be submitted to: James
D. Goerke, Executive Director, Commission on State Emergency Communications,
333 Guadalupe Street, Suite 2-212, Austin, Texas 78701; phone (512) 306-6911;
or fax (512) 305-6937.
The Commission on State Emergency Communications will hold a public hearing
regarding §251.9, Guidelines for Addressing Maintenance Funds, on September
5, 2000, at 2:00 p.m. The public hearing will be held at 333 Guadalupe Street,
Room 100, Austin, Texas. This notice of public hearing has also been published
in the miscellaneous section of this issue of the
Texas Register
.
This notice is in accordance with the Appropriations Act, Article IX, §167.
TRD-200005691
James D. Goerke
Executive Director
Commission on State Emergency Communications
Filed: August 14, 2000
Title 1, Part 5
The General Services Commission (the "Commission") proposes to complete
the review Title 1, Texas Administrative Code, Part V, Chapter 111, Subchapter
A - Administration, §§111.1 through 111.5, Subchapter B - Historically
Underutilized Business Program, §§111.11 through 111.28, and Subchapter
C, - Cost of Copies of Open Records, §§111.61 through 111.71. The
rule review is pursuant to Texas Government Code, §2001.039 (relating
to Agency Review of Existing Rules).
As part of the rule review process, the Commission proposes amendments
to Title 1, Texas Administrative Code, Subchapter A - Administration, §§111.1
- Organization, 111.2 - Definitions, 111.3 - Protests/Dispute Resolution/Hearing,
111.4 - Ethical Standards and 111.5 - Complaints; and new rules §§111.6
- Petition for Adoption of Rules and 111.7 - Negotiation and Mediation of
Certain Contract Disputes. The proposed rules may be found in the proposed
section of this publication of the
Texas Register.
Amendments are also proposed for Subchapter C - Cost of Copies of
Public Information, §111.62 concerning Definitions.
The Proposed Notice of Intent to Review Subchapter B - Historically Underutilized
Business Program, was conducted and published in the November 12, 1999, issue
of the
Texas Register,
24 Tex Reg 9903, and
the Notice to Adopt the Review of Subchapter B - Historically Underutilized
Business Program was published in the February 11, 2000, publication of the
The assessment by the Commission at this time indicates that the reason
for adopting or readopting these rules continues to exist.
Comments on the review of Title 1, T.A.C., Chapter 111 - Executive Administration
Division, may be submitted in writing within 30 days following the publication
of this notice in the
Texas Register
to Ann
Dillon, General Counsel, General Services Commission, P.O. Box 13047, Austin,
TX 78711-3047.
TRD-200005665
Ann Dillon
General Counsel
General Services Commission
Filed: August 11, 2000
Title 30, Part 1
The Texas Natural Resource Conservation Commission (commission) notices
the intention to review and proposes the readoption of Chapter 281, Applications
Processing.
The review of Chapter 281 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 require 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 281 establishes the general policy for the processing of applications
for permits, licenses, and other types of approvals. Chapter 281 also identifies
those agency actions which are subject to review for consistency with the
goals and policies of the Texas Coastal Management Program under the Coastal
Coordination Act, Texas Natural Resources Code, Subchapters C and F, Chapter
33, and the rules of the Coastal Coordination Council contained in 31 TAC
Chapters 501 and 505. The chapter identifies, addresses, and resolves consistency
issues prior to final agency action to avoid the referral of agency actions
to the council for review, thereby avoiding unnecessary delay in final agency
action with respect to a request or application for a permit, order, or other
authorization from the commission.
The commission has conducted a preliminary review of the rules under Chapter
281 and has determined that the reasons for adopting the rules continue to
exist. The rules are needed to implement provisions of state law, including
Health and Safety Code, §§361.064, 361.0641, 361.066, 361.068, 361.079,
361.082(c), and 361.084, regarding the industrial solid waste and municipal
solid waste programs; §§361.0232, 361.0234, and 361.0871(c), regarding
the prioritization process for commercial hazardous waste management facility
permit applications; §§401.107, 401.108, 401.110, 401.112 - 401.114,
and 401.116, regarding radiation control; Local Government Code, §375.022
and §375.025, regarding the creation of municipal management districts,
and §395.080, regarding impact fees; Natural Resources Code, §§33.205,
33.2051, 33.2053, and 33.208(a), regarding consistency with the Coastal Management
Program as it applies to the commission; and Texas Water Code, §5.115,
regarding notice; §5.235, regarding fees; §§11.124, 11.125
- 11.129, 11.132, and 12.011, regarding water rights; §13.244 and §13.246(a),
regarding certificates of convenience and necessity; §16.092, regarding
local sponsor designation; §16.236, regarding levees for reclamation
projects; §§18.011, 18.053, 18.054, 18.056, 18.081, 18.082, 18.084,
and 18.085, regarding weather modification; §§26.027, 26.028, and
26.0281, regarding water quality; §§27.012 - 27.014 and 27.051(e),
regarding underground injection control; §§36.304 - 36.306, 49.071,
49.105(c), 49.153(c), 49.181, 49.182, 49.231, 49.274, 49.321 - 49.324, 49.351,
and 49.456, regarding other water district applications and petitions such
as dissolution of groundwater districts, name changes, appointment of directors,
revenue notes, bonds, supervision of projects, standby fees, emergency projects,
dissolution of districts other then groundwater districts, fire plans, and
bankruptcy; §§36.013, 36.015, 49.011, 51.027, 51.333, 54.014, 54.021,
54.030, 54.033, 55.040, 55.043, 58.027, 58.030, 59.003, 59.007, 65.014, 65.021,
66.014, and 66.019, regarding water district creations, conversions, and addition
of powers. The commission invites comments on whether the reasons for the
rules in Chapter 281 continue to exist.
The commission's review of Chapter 281 has also revealed the need for a
number of modifications that may be needed for clarification of application
processing requirements and to enhance consistency among the various programs.
The commission intends to propose another rulemaking in the future. Today's
proposal is limited to the review in accordance with the requirements of Texas
Government Code, §2001.039; and the General Appropriations Act, Article
IX, §9-10.13, 76th Legislature, 1999.
Comments may be submitted to 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
1999-062Q-281-AD. Comments must be received by 5:00 p.m., September 11, 2000.
For further information or questions concerning this proposal, please contact
Debi Dyer, Policy and Regulations Division, at (512) 239-3972.
TRD-200005687
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: August 14, 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 1, concerning General
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 with the amendments and new
sections proposed in its notice of intention to review. The proposed notice
of intention to review was published in the May 5, 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
amendments to Title 4, §§1.3, 1.5, 1.200, 1.404, 1.700 and 1.701,
new §1.201 and §1.206, and the repeal of §1.91 and §1.201.
These proposals were also published in the May 5, 2000, issue of the
The department has determined that with the exception of sections repealed,
that the reason for adopting the above-referenced amendments and new sections
added to Chapter 1, and readopting without changes all remaining sections
in Title 4, Part 1, Chapter 1, continues to exist.
TRD-200005576
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: August 10, 2000
Title 4, Part 8
The Board of Directors of the Agriculture Resources Protection Authority
(ARPA Board) adopts the review of Title 4, Texas Administrative Code, Part
7, Chapter 101, concerning General Rules and Chapter 105, concerning Chlordane
Regulations, pursuant to the Texas Government Code, §2001.039 and the
General Appropriations Act, Article IX, §§9-10.13, 76th Legislature,
1999 (§§ 9-10.13), and readopts these chapters with the amendments
proposed in its notice of intent to review. The proposed notice of intent
to review was published in the June 30, 2000, issue of the
Texas Register
(25 TexReg 6391).
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 ARPA Board proposed amendments to Title
4, Part 7, §101.20 and §105.12. These proposals were also published
in the June 30,2000, issue of the
Texas Register
. No comments were received on the proposals or the Board's notice
of intent to review Chapters 101 and 105. The adopted amendments may be found
in the adopted rule section of this issue of the
Texas Register
The ARPA Board has determined that in addition to readopting the above-referenced
sections with amendments, the reason for readopting without changes all remaining
sections in Title 4, Part 7, Chapters 101 and 105 continues to exist.
TRD-200005582
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: August 10, 2000
Title 40, Part 4
The Texas Commission for the Blind has completed its review of all rules
in Chapter 164 of the Texas Administrative Code in accordance with the Appropriations
Act, Article IX, §9-10.13, passed by the 76th Texas Legislature (1999).
The Board received no public comments in response to its notice of the
rule review filed in the January 14, 2000, issue of the
Texas Register
(25 TexReg 275).
As part of this review process, the Commission identified rules that can
be deleted or improved. Concurrent with this notice, the Commission is proposing
various actions that affect §§164.1, 164.2, 164.3, 164.10, 164.11,
164.13, 164.25, 164.26, 164.30, 164.31, 164.32, 164.41, 164.43, and 164.45.
The Commission will receive public comments on the proposed actions to these
chapter rules during the normal rule-making process and intends to adopt them
at a future date.
The Commission finds that the reason for adopting all other rules in the
chapter continues to exist and they are hereby readopted without changes.
TRD-200005602
Terrell I. Murphy
Executive Director
Texas Commission for the Blind
Filed: August 11, 2000
Title 19, Part 7
The State Board for Educator Certification (Board or SBEC) adopts the agency's
review of Board rules in 19 Texas Administrative Code Chapter 230, relating
to Professional Educator Preparation and Certification, pursuant to Article
IX-74, §§9-10.13, of the General Appropriations Act (H. B. 1, 76th
Leg., 1999); §1.11 of S. B. 178, (76th Leg., 1999); and §2001.039
of the Texas Government Code.
The proposed rule review was published in the January 28, 2000, issue of
the
Texas Register
(25 TexReg 601) and posted
on the agency's website.
No public comments were received in response to the Notice of Rule Review.
The Board adopts the rule review of Chapter 230 with the following changes
to that chapter:
Subchapter A. Assessment of Educators: §230.5 (amendment).
Subchapter D. Local Cooperative Teacher Education Centers: §230.91
(repeal).
Subchapter E. Centers for Professional Development and Technology: §230.121
(amendment).
Subchapter F. Professional Educator Preparation: §§230.151-230.161
(repeals).
Subchapter G. Program Requirements for Preparation of School Personnel
for Initial Certificates and Endorsements: §§230.191-230.193, 230.195-230.199
(amendments).
Subchapter H. Alternative Certification of Teachers: §230.231 (repeal).
Subchapter I. Standards for Approval of Institutions Offering Graduate
Education Programs for Professional Certification: §230.261-230.271 (repeal)
Subchapter J. Graduate Education Programs for Professional Certification: §§230.301
(amendment); 230.302-230.303 (repeals); and 230.305-230.308, 230.310, 230.311,
230.313-230.314, 230.316, and 230.319 (amendments).
Subchapter K. Alternative Certification of Administrators: §230.361
(repeal).
Subchapter L. Postbaccalaureate Requirements for Persons Seeking Initial
Teacher Certification Through Approved Texas Colleges and Universities: §230.391
(repeal).
Subchapter M. Certification of Educators in General: §230.413 (amendment)
Subchapter N. Certificate Issuance Procedures
Subchapter O. Texas Educator Certificates Based on Certification and College
Credentials from Other States or Territories of the United States
Subchapter P. Requirements for Standard Certificates and Specialized Assignments
or Programs: §230.481 (amendment).
Subchapter Q. Permits: §230.506 and §230.507 (amendments).
Subchapter R. Record of Certificates: §230.531 and §230.532 (repeals).
Subchapter S. Paraprofessional Certificates: §§230.551- 230.560
(amendments).
Subchapter U. Assignment of Public School Personnel
Subchapter V. Continuing Education
Subchapter Y. Definitions
For the rest of Chapter 230, the Board's reasons for adopting the rules
continue to exist.
This concludes the review of Chapter 230. Professional Educator Preparation.
TRD-200005560
Pamela B. Tackett
Executive Director
State Board for Educator Certification
Filed: August 10, 2000
Title 22, Part 9
The Texas State Board of Medical Examiners adopts the review of Chapter
167, concerning Reinstatement, pursuant to the Appropriations Act of 1997,
HB 1, Article IX, §167.
The proposed review was published in the July 2, 1999, issue of the
The Texas State Board of Medical Examiners adopted new §§167.4-167.6
in the May 12, 2000, issue of the
Texas Register
(25 TexReg 4349).
No comments were received regarding adoption of the review.
The agency's reason for adopting the rules contained in this chapter continues
to exist.
This concludes the review of chapter 167. Reinstatement.
TRD-200005578
F. M. Langley, D.V.M., M.D., J.D.
Executive Director
Texas State Board of Medical Examiners
Filed: August 10, 2000
Title 22, Part 15
The Texas State Board of Pharmacy adopts the review of Chapter 291 (§§291.71-
291.76), concerning Institutional Pharmacies (Class C), pursuant to the Appropriations
Act, 76th Legislature, §§9-10.13. The proposed rule review was published
in the June 16, 2000, issue of the
Texas Register
(25 TexReg 5950).
In conjunction with this review, the agency adopts amendments to Chapter
291 (§§291.71-291.76) published elsewhere in this issue of the
No comments were received regarding adoption of this review. The agency
finds that the reason for adopting the rule continues to exist.
TRD-200005659
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Filed: August 11, 2000
Texas Commission for the Blind
Comptroller of Public Accounts
Texas Department of Economic Development
Finance Commission of Texas
Interagency Council on Early Childhood Intervention
State Securities Board
Agency Rule Review Plan--Revised
Proposed Rule Review
Texas Department of Economic Development
Texas Department of Economic Development
Commission on State Emergency Communications
General Services Commission
Texas Natural Resource Conservation Commission
Adopted Rule Review
Texas Agriculture Resources Protection Authority
Texas Commission for the Blind
State Board for Educator Certification
Texas State Board of Medical Examiners
Texas State Board of Pharmacy