The Texas Board of Chiropractic Examiners proposes to readopt Chapter 78, relating to Chiropractic Radiologic Technologists, in accordance with the 1997 Appropriations Act, section 167.

The agency's reason for adopting the rules contained in this chapter continues to exist.

Comments on the proposal may be submitted to Joyce Kershner, Director of Licensure, Texas Board of Chiropractic Examiners, 333 Guadalupe, Tower III, Suite 825, Austin, Texas 78701, (512) 305-6709.

TRD-200101817

Gary K. Cain, Ed. D.

Executive Director

Texas Board of Chiropractic Examiners

Filed: March 28, 2001

The Texas Board of Chiropractic Examiners proposes to readopt Chapter 79, relating to Provisional Licensure, in accordance with the 1997 Appropriations Act, section 167.

The agency's reason for adopting the rules contained in this chapter continues to exist.

Comments on the proposal may be submitted to Joyce Kershner, Director of Licensure, Texas Board of Chiropractic Examiners, 333 Guadalupe, Tower III, Suite 825, Austin, Texas 78701, (512) 305-6709.

TRD-200101818

Gary K. Cain, Ed. D.

Executive Director

Texas Board of Chiropractic Examiners

Filed: March 28, 2001

Title 25, Part 1

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part 1, Chapter 36. Medicaid Program Appeals Procedures, Subchapter A. General, §§36.1, 36.2; and Subchapter C. Recipient Notice and Fair Hearing, §§36.21, 36.22, 36.23.

This review is in accordance with the requirements of the Texas Government Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

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 Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the department.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-200101807

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 28, 2001

Title 7, Part 4

The Finance Commission of Texas files this notice of intention to review Texas Administrative Code, Title 7, Chapter 61 (§§61.1-61.3), relating to Hearings pertaining to Savings and Loan Associations, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167. The commission will accept comments for 20 days following publication of this notice in the Texas Register as to whether reasons for adopting this chapter continue to exist. Final consideration of the rules review of this chapter is scheduled for the Commission's meeting on May 25, 2001.

The Texas Savings and Loan Department which administers these rules, believes that the reasons for adopting the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to James L. Pledger, Commissioner, Texas Savings and Loan Department, 2601 North Lamar, Suite 201, Austin, Texas 78795, or by e-mail to pledger@TSLD.state.tx.us. Any proposed changes to the 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 20 day public comment period prior to final adoption or repeal by the commission.

TRD-200101794

James L. Pledger

Commissioner

Texas Savings and Loan Department

Filed: March 28, 2001

The Finance Commission of Texas files this notice of intention to review Texas Administrative Code, Title 7, Chapter 63 (§§63.1-63.15), relating to Fees and Charges pertaining to Savings and Loan Associations, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167. The commission will accept comments for 20 days following publication of this notice in the Texas Register as to whether reasons for adopting this chapter continue to exist. Final consideration of the rules review of this chapter is scheduled for the Commission's meeting on May 25, 2001.

The Texas Savings and Loan Department which administers these rules, believes that the reasons for adopting the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to James L. Pledger, Commissioner, Texas Savings and Loan Department, 2601 North Lamar, Suite 201, Austin, Texas 78795, or by e-mail to pledger@TSLD.state.tx.us. Any proposed changes to the 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 20 day public comment period prior to final adoption or repeal by the commission.

TRD-200101793

James L. Pledger

Commissioner

Texas Savings and Loan Department

Filed: March 28, 2001

The Finance Commission of Texas files this notice of intention to review Texas Administrative Code, Title 7, Chapter 64 (§§64.1-64.9), relating to Books, Records, Accounting Practices, Financial Statements, Reserves, and Net Worth pertaining to Savings and Loan Associations, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167. The commission will accept comments for 20 days following publication of this notice in the Texas Register as to whether reasons for adopting this chapter continue to exist. Final consideration of the rules review of this chapter is scheduled for the Commission's meeting on May 25, 2001.

The Texas Savings and Loan Department which administers these rules, believes that the reasons for adopting the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to James L. Pledger, Commissioner, Texas Savings and Loan Department, 2601 North Lamar, Suite 201, Austin, Texas 78795, or by e-mail to pledger@TSLD.state.tx.us. Any proposed changes to the 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 20 day public comment period prior to final adoption or repeal by the commission.

TRD-200101795

James L. Pledger

Commissioner

Texas Savings and Loan Department

Filed: March 28, 2001

The Finance Commission of Texas files this notice of intention to review Texas Administrative Code, Title 7, Chapter 79 (§§79.1-79.121), relating to Miscellaneous Matters (Books, Records, Accounting Practices, Financial Statements, and Reserves; Corporate Activities; Capital and Capital Obligations; Holding Companies; Foreign Savings Banks; Hearings; Fees and Charges; and Statements of Policy) pertaining to Savings Banks, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167. The commission will accept comments for 20 days following publication of this notice in the Texas Register as to whether reasons for adopting this chapter continue to exist. Final consideration of the rules review of this chapter is scheduled for the Commission's meeting on May 25, 2001.

The Texas Savings and Loan Department which administers these rules, believes that the reasons for adopting the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to James L. Pledger, Commissioner, Texas Savings and Loan Department, 2601 North Lamar, Suite 201, Austin, Texas 78795, or by e-mail to pledger@TSLD.state.tx.us. Any proposed changes to the 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 20 day public comment period prior to final adoption or repeal by the commission.

TRD-200101796

James L. Pledger

Commissioner

Texas Savings and Loan Department

Filed: March 28, 2001

Title 1, Part 18

The Telecommunications Infrastructure Fund Board (TIFB) proposes to review the following sections from Chapter 471, concerning Operating Rules of the Telecommunications Infrastructure Fund Board, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167:

471.1. General Powers.

471.3. Number, Terms of Office and Qualifications.

471.5. Chairman.

471.7. Vice-Chairman.

471.9. Compensation of Board Members.

471.11. Place of TIF Board Meetings.

471.13. Regular Meetings.

471.15. Emergency Meetings.

471.17. Executive Sessions.

471.19. Quorum, Manner of Acting and Adjournment.

471.30. Finance and Audit Committee.

471.31. Other Committees.

471.32. Advisory Committees.

471.33. Committee Procedure.

471.50. Contracts and Appointments of Agents.

471.60. Rules Governing Acceptance of Gifts, Grants and Donations.

471.70. Standard of Conduct and Conflict of Interest Provisions.

471.80. Private Interest in Measure or Decision.

471.90. Fiscal Year.

471.91. Books and Records.

471.92. Effective Date of Rules.

471.100. Amendments to the Rules.

As a result of the rule review process, the TIFB is contemporaneously proposing the repeal of §§471.3, 471.5, 471.7, 471.9, 471.11, 471.13, 471.15, 471.17, 471.19, 471.30-471.33, 471.50, 471.60, 471.70, 471.80, 471.90-471.92, 471.100 and new §§471.3, 471.11, 471.13 and 471.51, concerning Operating Rules of the Telecommunications Infrastructure Fund Board. The repeal and replacement is published elsewhere in this issue of the Texas Register .

The TIFB previously published the proposed rule review of Chapter 471 in the December 1, 2000, issue of the Texas Register (25 TexReg 11966). The rule review is re-proposed because the repeal and replacement of chapter 471 has been withdrawn and re-proposed elsewhere in this issue of the Texas Register .

Comments on the proposal may be submitted to Michelle Pundt, Telecommunications Infrastructure Fund Board, P.O. Box 12876, Austin, Texas 78711 or be email at: mpundt@tifb.state.tx.us.

TRD-200101774

Robert J. "Sam" Tessen

Executive Director

Telecommunications Infrastructure Fund Board

Filed: March 26, 2001

Title 22, Part 35

The Texas State Board of Examiners of Marriage and Family Therapists (board) readopts Title 22, Texas Administrative Code, Part 35, Chapter 801, Licensure and Regulation of Marriage and Family Therapists.

The board redopts the repeal of §§801.20, 801.92 - 801.95, and amendments to §§801.1, 801.2, 801.11 - 801.19, 801.41 - 801.45, 801.47 - 801.49, 801.51 - 801.53, 801.72, 801.73, 801.91, 801.112 - 801.114, 801.142 - 801.144, 801.171 - 801.174, 801.201 - 801.204, 801.232 - 801.237, 801.262 - 801.268, 801.291 - 801.296, 801.298, 801.299, 801.331, 801.332, 801.351, 801.361, 801.362, 801.364, 801.365, 801.368, and 801.369 and new §801.92 and §801.93 concerning the licensure and regulation of marriage and family therapists published in the December 1, 2000, issue of the Texas Register (25 TexReg 11843).

Sections 801.2, 801.42, 801.144, 801.173, 801.174, and 801.266 are adopted with changes to the proposed text as published in the December 1, 2000, issue of the Texas Register (25 TexReg 11843). The repeal of §801.20 and §§801.92 - 801.95, amendments to §§801.1, 801.11 - 801.19, 801.41, 801.43 - 801.45, 801.47 - 801.49, 801.51 - 801.53, 801.72, 801.73, 801.91, 801.112 - 801.114, 801.142, 801.143, 801.171, 801.172, 801.201 - 801.204, 801.232 - 801.237, 801.262 - 801.265, 801.267, 801.268, 801.291 - 801.296, 801.298, 801.299, 801.331, 801.332, 801.351, 801.361, 801.362, 801.364, 801.365, 801.368, and 801.369, and new §801.92 and §801.93 are adopted without changes to the proposed text as published in the December 1, 2000, issue of the Texas Register (25 TexReg 11843).

The board also redopts §§801.46, 801.50, 801.54, 801.71, 801.111, 801.141, 801.231, 801.261, 801.297, 801.300, 801.363, 801.366, and 801.367 that were proposed for readoption without changes in the proposed preamble published in the December 1, 2000, issue of the Texas Register (25 TexReg 11843) and are readopted without changes because no needed revisions were identified during the review. The effective date of §§801.46, 801.50, 801.54, 801.71, 801.111, 801.141, 801.231, 801.261, 801.297, 801.300, 801.363, 801.366, and 801.367 is April 11, 2001.

A Notice of Intention to Review for §§801.1, 801.2, 801.11 - 801.20, 801.41 - 801.54, 801.71 - 801.73, 801.91 - 801.95, 801.111 - 801.114, 801.141 - 801.144, 801.171 - 801.174, 801.201 - 801.204, 801.231 - 801.237, 801.261 - 801.268, 801.291 - 801.300, 801.331, 801.332, 801.351, and 801.361 - 801.369 was published in the Texas Register on September 17, 1999 (24 TexReg 7774). No comments were received as a result of the publication of the notice. These sections has been reviewed in accordance with the requirements that each state agency review and consider for readoption each rule adopted by that agency, General Appropriations Act, 75th Legislature, (1997), Article IX, §167; the General Appropriations Act, 76th Legislature, (1999), Article IX, §9-10.13; and Government Code §2001.039. The board has determined that reasons for readopting the sections continue to exist, however §801.20 and §§801.92 - 801.95 were repealed, and §801.92 and §801.93 were added as new rules. No comments were received as a result of the publication of the Notice of Intention to Review.

The adopted preamble and rules are being published in this same issue under the Adopted Rules Section.

TRD-200101664

Marvarene Oliver, Ed.D.

Chairman

Texas State Board of Examiners of Marriage and Family Therapists

Filed: March 22, 2001

Title 30, Part 1

The Texas Natural Resource Conservation Commission (commission) adopts the rules review and readopts Chapter 330, Municipal Solid Waste (Subchapters A-L), in accordance with 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. The review must include an assessment of whether the reasons for the rules continue to exist. The proposed notice of intention to review was published in the December 1, 2000 issue of the Texas Register (25 TexReg 11965). Subchapters M-V, Y, and Z of Chapter 330 were previously reviewed and readopted by the commission on August 11, 1999, under Rule Log Number 1998-056-330-WS. The commission does not currently have a Subchapter W or X in Chapter 330.

CHAPTER SUMMARY

Chapter 330 implements state and federal statutory requirements and federal regulatory requirements for the management of municipal solid waste so as to protect public health and the environment. Subchapter A concerns General Information; Subchapter B concerns Municipal Solid Waste Storage; Subchapter C concerns Municipal Solid Waste Collection and Transportation; Subchapter D concerns Classification of Municipal Solid Waste Facilities; Subchapter E concerns Permit Procedures; Subchapter F concerns Operational Standards for Solid Waste Land Disposal Sites; Subchapter G concerns Operational Standards for Solid Waste Processing and Experimental Sites; Subchapter H concerns Groundwater Protection Design and Operation; Subchapter I concerns Groundwater Monitoring and Corrective Action; Subchapter J concerns Closure and Post-Closure; Subchapter K concerns Closure, Post-Closure, and Corrective Action; and Subchapter L concerns Location Restrictions.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission determined that the reasons for the rules in Chapter 330 continue to exist. The rules are needed to comply with state and federal statutory requirements and federal regulatory requirements. The state Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, assigns responsibility to the commission for the management of municipal solid waste and authorizes the commission to adopt rules consistent with the Act and establish minimum standards of operation for the management and control of solid waste under the Act. The federal Solid Waste Disposal Act, as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA), directed the states to implement permit programs or other systems of prior approval to assure that each solid waste management facility which may receive hazardous household waste or conditionally-exempt hazardous waste from small quantity generators is protective of human health and the environment, incorporating criteria to be developed by the United States Environmental Protection Agency (EPA). Additionally, HSWA directed the EPA to evaluate the state permit programs to determine if they had adequately implemented the EPA criteria, and in any state which did not adopt an adequate program the EPA was to use its statutory authority to enforce the criteria. The EPA developed the criteria and promulgated them in 40 Code of Federal Regulations Part 258, Criteria for Municipal Solid Waste Landfills, addressing a variety of standards including location restrictions, groundwater monitoring, corrective action requirements, and financial assurance. These requirements were incorporated into Chapter 330, which was evaluated by the EPA and found to be adequate. Therefore, a need continues to exist to maintain a state regulatory program that meets the state statutory requirements and the federal adequacy standards.

The commission's review of Chapter 330 has also revealed the need for a number of changes, which the commission intends to propose in another rulemaking in the future.

PUBLIC COMMENT

The public comment period closed on January 2, 2001. No comments on whether or not the reasons for the rules continue to exist were received.

TRD-200101674

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: March 23, 2001

Title 40, Part 19

The Texas Department of Protective and Regulatory Services (TDPRS) adopts the review of Title 40 Texas Administrative Code Chapter 710, Protection of Clients and Staff. The proposed notice of review was published in the February 9, 2001, issue of the Texas Register (26 TexReg 1375). This review is pursuant to the Texas Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167. No comments were received regarding the readoption of this chapter.

Chapter 710 satisfies the requirements of the Human Resources Code, §255(a) and (c), and the Texas Family Code, §261.404, which require TDPRS and the Texas Department of Mental Health and Mental Retardation (TDMHMR) to develop joint rules to facilitate investigations in TDMHMR facilities and related programs. The board has reviewed Chapter 710 and determined that the initial reasons for adoption of this chapter continue to exist. However, as part of the rule review process, TDPRS is repealing Chapter 710, and adopting new rules in Chapter 711, Investigations in TDMHMR Facilities and Related Programs. The new rules add information about home and community-based services investigations, and are written using plain language to make them easier to understand. The adopted repeals and new sections may be found in the Adopted Rules section of this issue of the Texas Register . This concludes the board's review of 40 TAC Chapter 710, as required by the Texas Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167.

TRD-200101726

C. Ed Davis

Deputy Director, Legal Services

Texas Department of Protective and Regulatory Services

Filed: March 23, 2001