TITLE rule-review

Proposed Rule Reviews

Council on Sex Offender Treatment

Title 22, Part 36

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 22, Texas Administrative Code, Part 36, Council on Sex Offender Treatment, Chapter 810, Council on Sex Offender Treatment, Subchapter A. Sex Offender Treatment Provider Registry, §§810.1 - 810.9; Subchapter B. Criminal Background Check Security, §§810.31 - 810.34; Subchapter C. Standards of Practice, §§810.61 - 810.64; Subchapter D. Code of Professional Ethics, §810.91 and §810.92; Subchapter E. General Provisions, §810.121 and §810.122; Subchapter F. Civil Commitment, §§810.151 - 810.153; Subchapter G. Civil Commitment Case Manager and Treatment Provider Duties and Responsibilities, §§810.181 - 810.183; Subchapter H. Civil Commitment Review, §810.211; Subchapter I. Petition for Release, §810.241 and §810.242; and Subchapter J. Miscellaneous Provisions, §810.271 and §810.272.

This review is in accordance with the requirements of the Texas Government Code, §2001.039, added by Chapter 1499, Article 1, §1.11(a), 76th Legislature (1999), the General Appropriations Act, 76th Legislature (1999) Article IX, §9-10.13.

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 Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the department.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-200004708

Walter J. Meyer, M.D.

Chairperson

Council on Sex Offender Treatment

Filed: July 7, 2000


Texas Board of Orthotics and Prosthetics

Title 22, Part 37

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 22, Texas Administrative Code, Part 37, Texas Board of Orthotics and Prosthetics, Chapter 821. Orthotics and Prosthetics, §§821.1 - 821.7; 821.9; 821.11; 821.13; 821.15; 821.17; 821.19; 821.21; 821.23; 821.25; 821.27; 821.29; 821.31; 821.33; 821.35; 821.37; 821.39; 821.41; 821.43; 821.45; 821.47; 821.49; 821.51; 821.53; 821.55; and 821.57.

This review is in accordance with the requirements of the Texas Government Code, §2001.039, added by Chapter 1499, Article 1, §1.11(a), 76th Legislature (1999), the General Appropriations Act, 76th Legislature (1999) Article IX, §9-10.13.

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-200004709

Scott B. Atha

Presiding Officer

Texas Board of Orthotics and Prosthetics

Filed: July 7, 2000


Texas Midwifery Board

Title 22, Part 38

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 22, Texas Administrative Code, Part 38, Texas Midwifery Board, Chapter 831. Midwifery, Subchapter A. The Board, §§831.1 - 831.3; 831.7; Subchapter B. Documentation, §831.11; Subchapter C. Education, §831.31; Subchapter D. Practice of Midwifery, §§831.51; 831.101; 831.111; 831.121; 831.131; 831.141; and Subchapter E. Complaint Review, §831.161.

This review is in accordance with the requirements of the Texas Government Code, §2001.039, added by Chapter 1499, Article 1, §1.11(a), 76th Legislature (1999), the General Appropriations Act, 76th Legislature (1999) Article IX, §9-10.13.

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-200004710

Debra Evans

Chair

Texas Midwifery Board

Filed: July 7, 2000


Texas Natural Resource Conservation Commission

Title 30, Part 1

The Texas Natural Resource Conservation Commission (commission) notices the intention to review and proposes readoption of Chapter 114, Control of Air Pollution from Motor Vehicles. This review 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 114 requires control of air pollution from motor vehicles and was initially adopted on October 30, 1973. Since its adoption, Chapter 114 has gone through numerous revisions. A completely reformatted Chapter 114 was adopted on November 7, 1997, to ensure consistency with commission guidelines on format, style, and tone. The reformatting arranged the rules into program- specific subchapters and renumbered the sections to create a more logical organization. Currently, the chapter contains nine subchapters. Subchapter A, Definitions, contains the definitions for the entire chapter. Subchapter B, Motor Vehicle Anti-Tampering Requirements, contains the requirements for the maintenance and operation of motor vehicle emission controls as well as certain exclusions and exceptions. Subchapter C, Vehicle Inspection and Maintenance, contains the requirements for the vehicle inspection and maintenance program. Subchapter D, Oxygen Requirements for Gasoline, contains the oxygenated fuel requirements for persons supplying, selling, or dispensing gasoline in the affected county. Subchapter E, Low Emission Vehicle Fleet Requirements, contains the low emission vehicle fleet program requirements for mass transit authorities, local governments, and private entities. Subchapter F, Mobile Emission Reduction Credits, has two divisions: Division 1, Mobile Emission Reduction Credits, which contains the requirements for the mobile emission reduction credits program, and Division 2, Vehicle Scrappage Program, which contains the requirements for voluntary accelerated vehicle retirement. Subchapter G, Transportation Planning, contains a memorandum of understanding with the Texas Department of Transportation and requirements for transportation conformity and transportation control measures. Subchapter H, Low Emission Fuels, has two divisions: Division 1, Gasoline Volatility, which contains requirements for persons storing or handling gasoline in an affected county, and Division 2, Low Emission Diesel, which contains requirements for persons selling, storing, or handling diesel fuel in an affected county. Subchapter I, Non-Road Engines, has four divisions: Division 1, Airport Ground Support Equipment, which contains requirements for the owners and operators of ground support equipment at subject airports in affected counties; Division 2, Heavy Equipment Fleets - Compression-Ignition Engines, which contains requirements for the owners and operators of subject non-road equipment powered by compression-ignition engines; Division 3, Non- Road Large Spark-Ignition Engines, which contains emission specifications and control requirements for new non-road, large spark ignition engines used or sold in an affected county; and Division 4, Construction Equipment Operating Restrictions, which contains requirements for persons operating construction equipment in an affected county.

Since the reformatting in 1997, the chapter has been revised six times. On July 29, 1998, the commission adopted the repeal of §114.200, concerning the vehicle scrappage program. Also on July 29, 1998, the commission adopted the repeal of §114.152 and amendments to §§114.1, 114.3, 114.150, 114.151, 114.153 - 114.157, 114.201, and 114.202, concerning low emission vehicle fleet requirements and mobile emission reduction credits. On November 18, 1998, the commission adopted amendments to §114.260, concerning transportation conformity. On June 30, 1999, the commission adopted an amendment to §114.1 and new §§114.301, 114.302, and 114.305 - 114.309, concerning cleaner burning gasoline. On April 19, 2000, the commission adopted amendments to §§114.1, 114.2, 114.4, 114.50 - 114.53 and new §§114.6, 114.211 - 114.217, 114.219, 114.312 - 114.317, 114.319, 114.400, 114.402, 114.406, 114.409, 114.410, 114.412, 114.416, 114.417, 114.419, 114.420 - 114.422, 114.427, 114.429, 114.432, 114.436, 114.437, and 114.439, concerning requirements for low emission diesel fuel, inspection and maintenance of motor vehicles, electrification of airport ground support equipment, voluntary accelerated vehicle retirement, large gasoline engines, accelerated purchase of Tier 2/Tier 3 non-road compression-ignition equipment, and non-road construction equipment. On May 3, 2000, the commission adopted amendments to §114.5, repeal of §114.270, and new §114.270, concerning transportation control measures.

The commission has conducted a preliminary review of the rules in Chapter 114 and has determined that the reasons for adopting these rules continue to exist. These rules are needed to control the formation of ground-level ozone; to reduce emissions of hazardous air pollutants; to reduce emissions of oxides of nitrogen, volatile organic compounds, and other pollutants for counties included in designated nonattainment areas which must demonstrate attainment with the national ambient air quality standards (NAAQS); and to implement requirements of the Federal Clean Air Act, Title 42 of the United States Code (42 USC), and the Texas Health and Safety Code, Chapter 382, Texas Clean Air Act (TCAA).

The mobile source control program rules contained in Chapter 114 were specifically developed to meet the NAAQS set by the United States Environmental Protection Agency (EPA) under 42 USC, §7409; therefore, the rules meet a federal requirement. States are primarily responsible for ensuring attainment and maintenance of NAAQS once the EPA has established those standards. Under 42 USC, §7410 and related provisions, states must submit state implementation plans (SIPs) for EPA approval that provide for the attainment and maintenance of NAAQS through control programs directed to sources of the pollutants involved. These control programs were developed specifically to meet the air quality standards established under federal law as NAAQS, although some of the rules are not expressly required by state law. Generally, the Chapter 114 rules also implement Texas Health and Safety Code, TCAA, §382.002, relating to Policy and Purpose; §382.011, relating to General Powers and Duties; §382.012, relating to State Air Control Plan; §382.019, relating to Methods Used to Control and Reduce Emissions from Land Vehicles; and §382.039, relating to Attainment Program. State and federal statutes and regulations implemented more specifically by a particular subchapter or section are discussed in the following paragraphs.

Subchapter C, Vehicle Inspection and Maintenance, §§114.50 - 114.53 implement TCAA, §§382.037 - 382.0375, Vehicle Emissions Inspection and Maintenance Program; 42 USC, §7511a(c)(3), Enhanced Vehicle Inspection and Maintenance Program; and Title 40 of the Code of Federal Regulations (40 CFR), Part 51, Subpart S, Inspection/Maintenance Program Requirements. Subchapter D, Oxygen Requirements for Gasoline, §114.100 implements 42 USC, §7545(m), Oxygenated Fuels. The rules contained in Subchapter E, Low Emission Vehicle Fleet Requirements, implement 42 USC, §7511a(c)(4), Clean-Fuel Vehicle Programs; 42 USC, §7586, Centrally Fueled Fleets; and 40 CFR, Part 88, Clean Fuel Vehicles. Additionally in Subchapter E, §114.150 implements TCAA, §382.133, Mass Transit Fleet Vehicles; §114.151 implements TCAA, §382.134, Local Government and Private Fleet Vehicles; §114.153 and §114.154 implement TCAA, §382.136, Exceptions; §114.155 and §114.156 implement TCAA, §382.137, Data Collection; and §114.157 implements TCAA, §382.142, Program Compliance Credits. Subchapter F, Division 1, Mobile Emission Reduction Credits, §114.201 and §114.202 implement TCAA, §382.143, Texas Mobile Emissions Reduction Credit Program. Subchapter G, Transportation Planning, §114.250 implements TCAA, §382.035, Memorandum of Understanding; §114.260 implements 40 CFR, Part 93, Subpart A, Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded, or Approved Under Title 23 United States Code or the Federal Transit Laws; and §114.270 implements requirements relating to transportation control measures as required by 42 USC, §7408(e) and (f) and §7511a(c)(5).

This 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. The commission invites comments on whether the reasons for the rules in Chapter 114 continue to exist. Any identified updates, consistency issues, or other needed changes will be addressed in a subsequent rulemaking, after comments are received and evaluated. Comments may be submitted to Lola Brown, 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 2000-014-114-AI. Comments must be received by 5:00 p.m., August 21, 2000. For further information or questions concerning this proposal, please contact Jill Burditt, Policy and Regulations Division, at (512) 239-0560.

TRD-200004703

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 6, 2000


The Texas Natural Resource Conservation Commission (TNRCC or commission) proposes the intention to review Chapter 344, Landscape Irrigators. This review of Chapter 344 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 344 provides standards for the connection of landscape irrigation systems to public and private water supplies, water conservation, irrigation system design and installation, and conformance with municipal codes. Additionally, Chapter 344 establishes procedures for the registration of licensed irrigators and licensed installers, and establishes the requirements for training and renewal of licenses. The commission has conducted a preliminary review of the rules under Chapter 344 and has determined that the reasons for adopting these rules continues to exist. These rules are needed to implement provisions of state law including Texas Water Code (TWC), Chapter 34, regarding Irrigators. More specifically, TWC, §34.006 requires the commission to adopt rules governing water administration and standards governing connections to public and private water supplies by a licensed irrigator or by a licensed installer. The section further authorizes the commission to adopt standards for landscape irrigation including water conservation, irrigation system design, and municipal codes by a licensed irrigator or a licensed installer. The commission invites comments on whether the reasons for the rules in Chapter 344 continue to exist.

The commission's review of Chapter 344 has also revealed a number of provisions which require clarification or elimination as well as some provisions which may be modified to improve program efficiency. The commission intends to consider correction of these items during another rulemaking in the future. Possible changes include clarification of the duties and responsibilities of license holders, elimination of the requirement to provide TNRCC with a copy of the licensee's stamp or seal prior to issuing the license, and establishment of renewals based on the anniversary date. 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 Lisa Martin, 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 1999-064Q-344-WT. Comments must be received by 5:00 p.m., August 21, 2000. For further information or questions concerning this proposal, please contact Michelle Lingo, Attorney, Policy and Regulations Division, (512) 239-6757.

TRD-200004707

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: July 7, 2000


Texas Water Development Board

Title 31, Part 10

Chapter 371. Drinking Water State Revolving Fund

The Texas Water Development Board (Board) files this notice of intent to review 31 TAC, Part 10, Chapter 371, Drinking Water State Revolving Fund, in accordance with the Texas Government Code, §2001.039. The Board finds that the reason for adopting the chapter continues to exist. The Board concurrently proposes amendments to §§371.2, 371.19 -371.22, 371.24 , 371.25, and 371.90.

As required by §2001.039 of the Texas Government Code, the Board will accept comments and make a final assessment regarding whether the reason for adopting each of the rules in 31 TAC Chapter 371 continues to exist. The comment period will last 30 days beginning with the publication of this notice of intention to review.

Comments or questions regarding this rule review may be submitted to Gail L. Allan, Director, Administration and Northern Legal Services, Texas Water Development, P.O. Box 13231, Austin, Texas, 78711-3231, by e-mail to gallan@twdb.state.tx.us or by fax @ (512) 463-5580.

TRD-200004713

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: July 7, 2000


Adopted Rule Reviews

General Services Commission

Title 1, Part 5

General Services Commission Notice of Intent to Adopt the Complete Review 1 TAC Chapter 117

The General Services Commission (the "Commission") completed the review of 1 TAC Chapter 117 regarding the Support Services Division as noticed in the May 12, 2000, publication of the Texas Register (25 TexReg 4357).

The Commission received no comments on the requirements of the Texas Government Code, §2001.039 as to whether the reasons for adopting the rules continues to exist.

As part of the rules review process, the Commission proposed amendments to 1 TAC Chapter 117, Subchapter A, §117.31 (relating to Mail and Messenger Services), and Subchapter B, §117.41 (relating to Business Machine Repair Services). One comment was received on proposed amendments to §117.31 - Mail and Messenger Service.

The Commission readopts Chapter 117, Subchapter A - Mail and Messenger Services, Subchapter B - Business Machine Repair Services, and Subchapter C - the Central Supply Store Program. Chapter 117 is readopted pursuant to the Texas Government Code, §2001.039 (relating to Agency Review of Existing Rules), and the General Services Commission finds that the reason for adopting Chapter 117 continues to exist. The adoption of amendments to §117.31 and §117.41 may be found in the Adoption section of this publication of the Texas Register.

TRD-200004738

Ann Dillon

General Counsel

General Services Commission

Filed: July 7, 2000


General Services Commission Proposed Notice of Intent to Complete Review Of Title 1, T.A.C., Chapter 121 - Telecommunications Services Division

The General Services Commission (the "Commission") proposes to review Title 1, Texas Administrative Code, Part 5, Chapter 121, §§121.1 to 121.9, Telecommunications Services Division pursuant to Texas Government Code, §2001.039 (relating to Agency Review of Existing Rules).

As part of the rule review process, the General Services Commission proposes amendments to Title 1, T.A.C §§121.1, 121.2, 121.3, 121.5 and 121.6, and proposes new §§121.4, 121.7 and 121.8. The General Services Commission also proposes simultaneously the repeal of Title 1, T.A.C., Chapter 121, §§121.4, 121.7, 121.8 and 121.9 in order to delete obsolete language and the create new and more efficient rules relating to the Texas Government Code, Chapter 2170 - Telecommunications Services. The proposed amendments, new rules, and repeal may be found in the proposed rule section of this publication of the Texas Register .

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 may be submitted in writing within 30 days following 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-200004732

Ann Dillon

General Counsel

General Services Commission

Filed: July 7, 2000


Texas Real Estate Commission

Title 22, Part 23

The Texas Real Estate Commission adopts the review of Chapter 535 (§§535.91-535.95, 535.101, 535.111-113, 535.121-535.123), Provisions of The Real Estate License Act, in accordance with the Texas Government Code, §2001.039, and the General Appropriations Act of 1999, Article IX, §167. In conjunction with this review, the agency repealed §535.93 and §535.111 and amended §§535.91, §535.92, 535.94, 535.95, 535.101, 535.112, 535.113, 535,121, and 535.122. The adopted repeals and amendments were published in the July 7, 2000, issue of the Texas Register (25TexReg6506). The agency has determined that with these changes, the reasons for adopting the chapter continue to exist.

TRD-200004745

Mark A. Moseley

General Counsel

Texas Real Estate Commission

Filed: July 10, 2000


Texas Savings and Loan Department

Title 7, Part 4

The Finance Commission of Texas has completed the review of Texas Administrative Code, Title 7, Chapter 51 (§§51.1-51.15), relating to Applications, as noticed in the January 28, 2000, issue of the Texas Register (25 TexReg 603). No comments were received regarding the substance of these rules or whether the reason for adopting these rules continues to exist.

The Texas Savings and Loan Department, which administers these rules, re-adopts these sections, pursuant to the requirements of the Appropriations Act of 1997, HB 1, Article IX, §167, and finds that the reason for adopting these rules continues to exist.

TRD-200004719

James L. Pledger

Commissioner

Texas Savings and Loan Department

Filed: July 7, 2000


The Finance Commission of Texas has completed the review of Texas Administrative Code, Title 7, Chapter 53 (§§53.1-53.18), relating to Applications, as noticed in the January 28, 2000, issue of the Texas Register (25 TexReg 603). No comments were received regarding the substance of these rules or whether the reason for adopting these rules continues to exist.

The Texas Savings and Loan Department, which administers these rules, re-adopts these sections, pursuant to the requirements of the Appropriations Act of 1997, HB 1, Article IX, §167, and finds that the reason for adopting these rules continues to exist.

TRD-200004720

James L. Pledger

Commissioner

Texas Savings and Loan Department

Filed: July 7, 2000


The Finance Commission of Texas has completed the review of Texas Administrative Code, Title 7, Chapter 57 (§§57.1-57.4), relating to Applications, as noticed in the January 28, 2000, issue of the Texas Register (25 TexReg 603). No comments were received regarding the substance of these rules or whether the reason for adopting these rules continues to exist.

The Texas Savings and Loan Department, which administers these rules, re-adopts these sections, pursuant to the requirements of the Appropriations Act of 1997, HB 1, Article IX, §167, and finds that the reason for adopting these rules continues to exist.

TRD-200004721

James L. Pledger

Commissioner

Texas Savings and Loan Department

Filed: July 7, 2000


The Finance Commission of Texas has completed the review of Texas Administrative Code, Title 7, Chapter 59 (§59.1), relating to Applications, as noticed in the January 28, 2000, issue of the Texas Register (25 TexReg 603). No comments were received regarding the substance of these rules or whether the reason for adopting these rules continues to exist.

The Texas Savings and Loan Department, which administers these rules, re-adopts these sections, pursuant to the requirements of the Appropriations Act of 1997, HB 1, Article IX, §167, and finds that the reason for adopting these rules continues to exist.

TRD-200004722

James L. Pledger

Commissioner

Texas Savings and Loan Department

Filed: July 7, 2000


The Finance Commission of Texas has completed the review of Texas Administrative Code, Title 7, Chapter 77 (§§77.1-77.115), relating to Applications, as noticed in the January 28, 2000, issue of the Texas Register (25 TexReg 603 and 604). No comments were received regarding the substance of these rules or whether the reason for adopting these rules continues to exist.

The Texas Savings and Loan Department, which administers these rules, re-adopts these sections, pursuant to the requirements of the Appropriations Act of 1997, HB 1, Article IX, §167, and finds that the reason for adopting these rules continues to exist.

TRD-200004723

James L. Pledger

Commissioner

Texas Savings and Loan Department

Filed: July 7, 2000


Texas Workforce Commission

Title 40, Part 20

The Texas Workforce Commission (Commission) adopts the review of all sections in Chapter 815 pertaining to the Unemployment Insurance Program (§§815.1-815.33), in accordance with the Texas Government Code §2001.039. The proposed Notice of Intention to Review was published in the February 25, 2000, issue of the Texas Register (25 TexReg 1732).

The Commission received no comments regarding the review. The Commission believes that the reasons for adopting these rules continue to exist.

The Commission is proposing the repeal of and new rules concerning the Unemployment Insurance Process in this issue of the Texas Register .

TRD-200004728

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: July 7, 2000