TITLE rule-review

Agency Rule Review Plan

Texas Workforce Commission

Title 40, Part 20

Filed: June 2, 2000


Proposed Rule Reviews

Texas Department of Agriculture

Title 4, Part 1

The Texas Department of Agriculture (the department) proposes to review 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). 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 proposes the repeal of Title 4, Part 1, §§3.200, 9.13, 10.31, 13.5, and 16.4. These may be found in the proposed rule section of this publication of the Texas Register . The assessment of Title 4, Part 1, Chapters 3, 9, 10, 13, and 16 by the department at this time indicates that with the exception of sections proposed for repeal, the reason for readopting without changes all remaining sections in Chapters 3, 9, 10, 13, and 16 continues to exist.

The department is accepting comment on the review of Chapters 3, 9, 10, 13, and 16. Comments on the review may be submitted within 30 days following the publication of this notice in the Texas Register to David Kostroun, Assistant Commissioner for Regulatory Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas, 78711.

TRD-200003950

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: June 5, 2000


General Services Commission

Title 1, Part 5

Proposed Notice of Intent to Complete the Review of Title 1, T.A.C., Chapter 123 - Facilities Construction and Space Management Division

The General Services Commission (the "Commission") proposes to complete the review of Title 1, Texas Administrative Code, Chapter 123 regarding the Facilities Construction and Space Management Division pursuant to Texas Government Code, §2001.039 (relating to Agency Review of Existing Rules).

As part of the rules review process, the Commission proposes new rules and the repeal of existing rules under Title 1, T.A.C., Chapter 123 - Facilities Construction and Space Management Division. The proposed new rules and the repeal may be found in the proposed section of this publication of the Texas Register.

The assessment by the Commission at this time indicates that the proposed new rules and the repeal of existing rules is required to provide greater clarity in language.

Comments on the review of Title 1, T.A.C., Chapter 123 - Facilities Construction and Space Management 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, Texas 78711-3047.

TRD-200003801

Ann Dillon

General Counsel

General Services Commission

Filed: May 26, 2000


Texas State Board of Pharmacy

Title 22, Part 15

The Texas State Board of Pharmacy proposes the review of Chapter 291 (§§291.71- 291.76), concerning Institutional Pharmacies (Class C), pursuant to the Appropriations Act, 76th Legislature, Section 9-10.13. In conjunction with this review, the agency is proposing amendments to Chapter 291 (§§291.71-291.76) published elsewhere in this issue of the Texas Register.

Comments on the proposal may be submitted to Steve Morse, R.Ph., Director of Compliance, Texas State Board of Pharmacy, 333 Guadalupe Street, Austin, Texas 78701.

TRD-200003894

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: June 2, 2000


State Seed and Plant Board

Title 4, Part 5

The State Seed and Plant Board of the Texas Department of Agriculture (the department) proposes to review 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). 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.

The assessment of Title 4, Part 5, Chapters 81 and 82 by the State Seed and Plant Board and the department at this time indicates that the reason for adopting or readopting without changes all sections in Chapters 81 and 82 continues to exist.

The State Seed and Plant Board and the department are accepting comment on the review of Chapters 81 and 82. Comments on the review may be submitted within 30 days following the publication of this notice in the Texas Register to David Kostroun, Assistant Commissioner for Regulatory Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas, 78711.

TRD-200003951

Dolores Alvarado Hibbs

Deputy General Counsel

State Seed and Plant Board

Filed: June 5, 2000


Texas Workforce Commission

Title 40, Part 20

The Texas Workforce Commission (Commission) files this notice of its intent to review §§801.1 and 801.2 contained in Chapter 801 regarding Local Workforce Development Boards (Boards) in accordance with the Texas Government Code §2001.039.

An assessment will be made by the Commission as to whether the reasons for adopting or readopting the rules continue to exist. This assessment will be continued during the rule review process. The rules will be reviewed to determine whether they are obsolete, whether the rules reflect current legal and policy considerations, and whether the rules reflect current procedures of the Commission. Any changes to the rules proposed by the Commission after considering comments received in response to this notice will appear thereafter in the proposed rules section of the Texas Register and will be adopted in accordance with state rulemaking requirements, which provide for an additional thirty day comment period. The purposes of the rules are to set forth the requirements for formation of Boards, to address unforeseen circumstances relating to Boards, and to afford flexibility in order to comply with the intent of the governing statutes and rules relating to Texas Government Code Chapter 2308.

The public is invited to comment on the rules contained in the Texas Administrative Code, Title 40, Part 20, Chapter 801. The comment period will last 30 days beginning with the publication of this notice of intent to review. Comments or questions regarding this rule review may be submitted in writing to Barbara Cigainero, Director of Workforce Development, Texas Workforce Commission, 101 East 15th Street, Room 504BT, Austin, Texas, 78778-0001; via facsimile at (512) 463-2799; or via e-mail at barbara.cigainero@twc.state.tx.us.

For information about the Commission please visit our web page www.twc.state.tx.us.

TRD-200003889

J. Randel (Jerry) Hill

General Counsel

Texas Workforce Commission

Filed: June 2, 2000


Adopted Rule Review

Texas Department of Agriculture

Title 4, Part 1

The Texas Department of Agriculture (the department) adopts the review of the rules in Title 4, Texas Administrative Code, Part 1, Chapter 18, concerning Organic Standards and Certification, 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 amendment and repeals proposed in its notice of intention to review, The proposed notice of intention to review was published in the December 3, 1999, issue of the Texas Register (24 TexReg 10923).

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, §§18.1-18.17, new §§18.18, 18.19 and 18.25, and the repeal of §18.18. These proposals were also published in the December 3, 1999, issue of the Texas Register (24 TexReg 10638 - 24 TexReg 10652). The department has withdrawn proposed new §18.19, concerning organic livestock, and will refile that new section at a later date. The department has also withdrawn new §18.25, concerning expiration provision, and will not refile that section. The amendments to §§18.1-18.17 are adopted to update language for consistency, clarify requirements and simplify the procedures governing the department's organic certification program. Section 18.18, concerning expiration provision has been repealed. New §18.18 is adopted to establish a new section dealing solely with organic fiber processing. No comments were received regarding the department's notice of intention to review or on the repeal of §18.18, or new §18.25. Comments received on the amended sections and new §18.18 are addressed in the adoption preamble of those sections. The adopted amendments and repeals may be found in the adopted rule section of this issue of the Texas Register . The department has determined that with the exception of amendments made to Chapter 18, or sections repealed, the reason for readopting without changes all remaining parts of sections in Chapters 18 continues to exist.

TRD-200003901

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: June 2, 2000


Texas Department of Human Services

Title 40, Part 1

The Texas Department of Human Services adopts without changes Title 40 TAC, Chapter 61 (relating to Community Services), Chapter 69 (relating to Contracted Services), and Chapter 71 (relating to Public Information), pursuant to Texas Government Code §2001.039.

The proposed review was published in the March 31, 2000, issue of the Texas Register (25 TexReg 2827). No comments were received regarding the review.

TRD-200004007

Paul Leche

General Counsel

Texas Department of Human Services

Filed: June 7, 2000