Proposed Rule Reviews
Texas Alcoholic Beverage Commission
Title 16, Part 3
The Texas Alcoholic Beverage Commission files its notice of intention to
review its rules contained in Title 16, Texas Administrative Code, Chapter
45 governing marketing practices. This review is conducted pursuant to Appropriations
Act, 1997, House Bill 1, Article IX, §167.
The commission will conduct its review through August 31, 2000, and will
receive comments on whether the need for any rule contained within this chapter
still exists and whether any of these rules require amendment. Amendments
or repeal of existing rules proposed by the commission will appear in the
proposed rules section of the
Texas Register
and will be acted on in accordance with normal state rule making procedures.
Comments may be directed to Lou Bright, General Counsel, Texas Alcoholic
Beverage Commission, P. O. Box 13127, Austin, Texas 78711.
TRD-200000479
Doyne Bailey
Administrator
Texas Alcoholic Beverage Commission
Filed: January 25, 2000
Title 7, Part 6
The Legislative Advisory Committee of the Texas Credit Union Commission
will review and consider Chapter 91, concerning Chartering, Operations, Mergers,
Liquidations, specifically §§91.601, 91.608, 91.610, 91.801, 91.802,
91.803, 91.901, 91.902, 91.1004, and 91.1110 of Title 7, Part VI of the Texas
Administrative Code in preparation for the Credit Union Commission's Rule
Review as required by the General Appropriations Act, Article IX, §167.
Comments or questions regarding these rules may be submitted in writing
to Lynette Pool, Deputy Commissioner Credit Union Department, 914 East Anderson
Lane, Austin, Texas 78752-1699, or electronically to deputy.commissioner@tcud.state.tx.us.
TRD-200000502
Harold E. Feeney
Commissioner
Credit Union Department
Filed: January 26 ,2000
Title 7, Part 1
The Finance Commission of Texas files this notice of intention to review
the following portions of Texas Administrative Code, Title 7, Chapter 3:
- Section 3.36, regarding Annual Assessments and Specialty Examination
Fees;
- Section 3.37, regarding Calculations of Annual Assessments for Banks;
- Section 3.38, regarding Calculation of Annual Assessment for Foreign
Bank Agencies; and
- All of Subchapter C, concerning Foreign Bank Agencies, and consisting
of §§3.41 - 3.45.
This review is undertaken pursuant to the Appropriations Act of 1997, House
Bill 1, Article IX, §167, and Government Code, §2001.039. The commission
will accept comments for 30 days following the publication of this notice
in the
Texas Register
as to whether the reasons
for adopting the sections under review continue to exist. Final consideration
of this rules review is scheduled for the Finance Commission meeting on April
28, 2000.
The Texas Department of Banking, which administers these rules, believes
that the reasons for adopting the rules continue to exist. However, the Department
recognizes that the rules encompassed in this review will require substantial
modification and supplementation in order to conform them to new Chapter 204,
Finance Code, enacted by the 76th Legislature, and effective September 1,
1999. The Department anticipates that conforming proposed rules will be published
in the
Texas Register
for comment in the first
half of 2000.
Any questions or written comments pertaining to this notice of intention
to review should be directed to Everette D. Jobe, General Counsel, Texas Department
of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, or by e-mail
to
everette.jobe@banking.state.tx.us
. Any
proposed changes to rules as a result of the review will be published in the
Proposed Rules 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 commission.
TRD-200000399
Everette D. Jobe
Certifying Official
Finance Commission of Texas
Filed: January 21, 2000
Title 30, Part 1
The Texas Natural Resource Conservation Commission (commission) proposes
the review of 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 of this title
(relating to Application of Standards) or §307.9 of this title (relating
to 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 waterbodies
in Appendix D, and site-specific criteria that may be derived from any waters
in the state in Appendix E.
The commission has reviewed the rules in Chapter 307 and made a preliminary
assessment that the reason for their adoption continues to exist. The rules
in Chapter 307 were 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. This and other minor proposed
changes are contained in the Proposed Rules section of this issue of the
A public hearing on this proposal will be held in conjunction with the
hearing for the proposed revisions on March 21, 2000, at 10:00 a.m. in Room
201S of the commission in Building E, located at 12100 Park 35 Circle, Austin.
The commission is accepting comments on whether the reasons for the rules
in Chapter 294 continue to exist. Comments may be submitted to Bettie Bell,
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 98055-307-WT. Comments must be received by 5:00
p.m., March 31, 2000. For further information, please contact Jim Davenport,
Standards and Assessment Section, at (512) 239-4585.
Written comments on the proposal should refer to Rule Log Number. 98055-307-WT
and may be submitted to Bettie Bell, Texas Natural Resource Conservation Commission,
Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box
13087, Austin, Texas 78711-3087, (512) 239-6087. Comments may be faxed to
(512) 239-5687, but must be followed by the submission and receipt of the
written comments within three working days of when they were faxed. Written
comments must be received by 5:00 p.m., March 31, 2000. For further information
concerning this proposal, please contact James Davenport, Texas Natural Resource
Conservation Commission, Water Quality Assessment Section, at (512) 239-4585.
TRD-200000419
Margaret Hoffman
Director, Environmental Law Division
Texas Natural Resource Conservation Commission
Filed: January 21, 2000
Texas Alcoholic Beverage Commission
Title 16, Part 3
The Texas Alcoholic Beverage Commission adopts the review of Title 16,
Texas Administrative Code, Chapter 41, governing auditing as published in
the September 3, 1999, edition of the
Texas Register
(24 TexReg 7001).
The commission finds that the reasons for adopting the rules contained
within this chapter continues to exist.
The commission received one comment suggesting that several provisions
of §41.22 are no longer necessary. The commission concluded that this
comment deserves careful consideration. Accordingly, rulemaking procedures
proposing relevant amendments to §41.22 will be initiated within the
next 30 days.
TRD-200000477
Doyne Bailey
Administrator
Texas Alcoholic Beverage Commission
Filed: January 25, 2000
The Texas Alcoholic Beverage Commission adopts the review of Title 16,
Texas Administrative Code, Chapter 43, governing accounting as published in
the September 3, 1999, edition of the
Texas Register
(24 TexReg 7001).
The commission finds that the reasons for adopting the rules contained
within this chapter continues to exist.
No comments were received regarding the review of Chapter 43.
TRD-200000478
Doyne Bailey
Administrator
Texas Alcoholic Beverage Commission
Filed: January 25, 2000
Title 40, Part 6
The Texas Commission for the Deaf and Hard of Hearing completed its review
of Chapter 183, Board for Evaluation of Interpreters in accordance with Chapter
1275, Acts of the 75th Legislature, 1997, Section 55 and the General Appropriations
Act of 1997, Article IX, Acts of the 75th Legislature, 1997.
The Commission proposed amendments to §§183.1, 183.5, 183.9,
183.11, 183.17, 183.19, 183.23, 183.29, 183.33, 183.101, 183.113, 183.117,
183.141, 183.143, 183.149, 183.157, 183.159, 183.161, 183.163, 183.165, 183.305,
183.505, 183.507, 183.511, 183.571, 183.573, 183.575, 183.579, 183.601, and
183.603, is proposing repeal of and proposes new §183.18 §§183.123
to 183.129, and 183.126 to 183.137, proposes repeal of §§183.145
and 183.303. The proposed amendments and repeals were published in the Proposed
Rules section of the August 20, 1999,
Texas Register
(24 TexReg 6454) and September 17, 1999,
Texas Register
(24 TexReg 7381).
The Commission reviewed this chapter and determined that it should be readopted,
in part, with the amendments to and repeals previously set forth. The Commission
finds that the reasons for this chapter, with the adopted changes, continue
to exist.
The Commission did not receive any comments regarding the review of this
chapter.
TRD-200000472
David W. Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Filed: January 25, 2000
Title 19, Part 2
The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 33,
Statement of Investment Objectives, Policies, and Guidelines of the Texas
Permanent School Fund, pursuant to the Texas Government Code, §2001.039.
The TEA proposed the review of 19 TAC Chapter 33 in the November 19, 1999,
issue of the
Texas Register
(24 TexReg 10377).
The TEA finds that the reason for adopting continues to exist. The TEA
received no comments related to the rule review requirement as to whether
the reason for adopting the rules continues to exist. As part of the review,
the TEA is proposing an amendment to 19 TAC §33.40, which may be found
in the Proposed Rules section of this issue. This concludes the review of
19 TAC Chapter 33.
TRD-200000443
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Filed: January 24, 2000
The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 105,
Foundation School Program, Subchapter A, Definitions, pursuant to the Texas
Government Code, §2001.039. The TEA proposed the review of 19 TAC Chapter
105, Subchapter A, in the November 19, 1999, issue of the
Texas Register
(24 TexReg 10377).
The TEA finds that the reason for adopting continues to exist. The TEA
received no comments related to the rule review requirement as to whether
the reason for adopting the rule continues to exist. No changes are being
proposed to the rule as a result of the review. This concludes the review
of 19 TAC Chapter 105.
TRD-200000444
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Filed: January 24, 2000
The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 105,
Foundation School Program, Subchapter B, Use of State Funds, pursuant to the
Texas Government Code, §2001.039. The TEA proposed the review of 19 TAC
Chapter 105, Subchapter B, in the November 19, 1999, issue of the
Texas Register
(24 TexReg 10377).
The TEA finds that the reason for adopting continues to exist. The TEA
received no comments related to the rule review requirement as to whether
the reason for adopting the rules continues to exist. No changes are being
proposed to the rules as a result of the review. This concludes the review
of 19 TAC Chapter 105.
TRD-200000445
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Filed: January 24, 2000
The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 109,
Budgeting, Accounting, and Auditing, Subchapter A, Budgeting, Accounting,
Financial Reporting, and Auditing for School Districts, pursuant to the Texas
Government Code, §2001.039. The TEA proposed the review of 19 TAC Chapter
109, Subchapter A, in the November 19, 1999, issue of the
Texas Register
(24 TexReg 10377).
The TEA finds that the reason for adopting continues to exist. The TEA
received no comments related to the rule review requirement as to whether
the reason for adopting the rule continues to exist. No changes are being
proposed to the rule as a result of the review.
TRD-200000446
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Filed: January 24, 2000
The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 109,
Budgeting, Accounting, and Auditing, Subchapter B, Texas Education Agency
Audit Functions, pursuant to the Texas Government Code, §2001.039. The
TEA proposed the review of 19 TAC Chapter 109, Subchapter B, in the November
19, 1999, issue of the
Texas Register
(24
TexReg 10378).
The TEA finds that the reason for adopting continues to exist. The TEA
received no comments related to the rule review requirement as to whether
the reason for adopting the rules continues to exist. No changes are being
proposed to the rules as a result of the review.
TRD-200000447
Criss Cloudt
Associate Commissioner, Policy Planning and Research
Texas Education Agency
Filed: January 24, 2000
Credit Union Department
Finance Commission of Texas
Texas Natural Resource Conservation Commission
Adopted Rule Reviews
Texas Commission for the Deaf and Hard of Hearing
Texas Education Agency