Agency Rule Review Plan (Revised)
Texas Education Agency
Title 19, Part 2
Filed: July 23, 2001
Texas State Library and Archives Commission
Title 13, Part 1
The Texas State Library and Archives Commission proposes to review Chapter
8, concerning the TexShare Library Consortium Program, in accordance with
the requirements of the 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 reasons for adopting the rules in Chapter 8 continue to exist. The
rules were adopted pursuant to Government Code, §441.225, that authorizes
the Commission to adopt rules to govern the operation of the TexShare Library
Consortium program.
Comments on the review of Chapter 8 may be submitted in writing to Beverley
Shirley, Director of Library Resource Sharing, PO Box 12927, Austin, Texas,
78711; may be faxed to (512) 936-2306; or may be submitted electronically
to beverley.shirley @tsl.state.tx.us.
TRD-200104193
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Filed: July 20, 2001
Texas State Library and Archives Commission
Title 13, Part 1
The Texas State Library and Archives Commission has completed the review
of rules in Title 13, Chapter 6, concerning the management, retention, microfilming,
and electronic storage of state agency records and fee schedules for the Commission's
imaging and records storage services. Notice of the review was published in
the September 29, 2000, issue of the
Texas Register
(25 TexReg 9965). The Commission readopts §§6.1-6.10, 6.21-6.35,
6.91-6.96, 6.121, and 6.122-6.123 of this chapter in accordance with the Government
Code, §2001.039 and the General Appropriations Act (1999), Article IX, §9-10.13.
The readoption of §§6.121 and 6.122-6.123, relating to fee schedules,
is temporary, pending their proposed repeal. While the agency is required
to charge fees for its imaging and records storage services to recover the
costs of those services, the Commission is not required to adopt the fees
by rule. The Commission believes that the agency will be able to respond in
a more timely manner to changes in the costs of its services if the fees are
developed and established by a means other than through the adoption of rules.
No comments were received on the review of Chapter 6.
The Commission finds that the reasons for the adoption of the remaining
rules in Title 13, Chapter 6, continue to exist. They enable the Commission
to fulfill its statutory obligations in the management of state records and
for state agencies to meet the requirements of the Government Code, Subchapter
K, relating to the preservation and management of state records.
TRD-200104265
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Filed: July 24, 2001
Title 25, Part 2
The Texas Department of Mental Health and Mental Retardation (department)
has completed the review of Texas Administrative Code, Title 25, Part 2, Chapter
406, governing ICF/MR programs, in accordance with the requirements of the
Texas Government Code, §2001.039.
Notice of the department's intent to review was published in the March
30, 2001, issue of the
Texas Register
(26
TexReg 2548). No comments were received regarding the review of the chapter.
The department believes that the reasons for initially adopting the following
rules continue to exist: Subchapter B, concerning contracting requirements; §§406.301
and 406.310 of Subchapter G, concerning additional facility responsibilities;
and Subchapter H, concerning dental program. The department readopts these
rules in accordance with the General Appropriations Act, House Bill 1, 76th
Legislature, Article IX, 9-10.13, and the Texas Government Code, §2001.039,
which requires the Texas Board of Mental Health and Mental Retardation to
review and consider for readoption each of its rules every four years, and
under the department's broad rulemaking authority for mental health and mental
retardation services pursuant to Texas Health and Safety Code, §532.015(a).
The department finds that the reasons for initially adopting the following
rules no longer exist: Subchapter C, concerning vendor payments; Subchapter
E, concerning eligibility and review; and §§406.302-406.309 and §406.311
of Subchapter G, concerning additional facility responsibilities. The repeals
of these rules are published for adoption elsewhere in this issue of the
TRD-200104174
Andrew Hardin
Chair, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Filed: July 18, 2001
The Texas Department of Mental Health and Mental Retardation (department)
has completed the review of Texas Administrative Code, Title 25, Part 2, Chapter
409, Subchapter B, governing adverse actions, and Subchapter C, governing
fraud and abuse and recovery of benefits, in accordance with the requirements
of the Texas Government Code, §2001.039.
Notice of the department's intent to review was published in the March
23, 2001, issue of the
Texas Register
(26
TexReg 2411). No comments were received regarding the review of the chapter.
The department believes that the reasons for initially adopting the two
subchapters continue to exist, and readopts these rules in accordance with
the General Appropriations Act, House Bill 1, 76th Legislature, Article IX,
9-10.13, and the Texas Government Code, §2001.039, which requires the
Texas Board of Mental Health and Mental Retardation to review and consider
for readoption each of its rules every four years, and under the department's
broad rulemaking authority for mental health and mental retardation services
pursuant to Texas Health and Safety Code, §532.015(a).
TRD-200104175
Andrew Hardin
Chair, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Filed: July 18, 2001
Title 40, Part 20
The Texas Workforce Commission (Commission) adopts the review of Chapter
800, Subchapter D. Incentive Award Rules, Subchapter E. Sanctions Rules, Subchapter
F. Interagency Matters, and Subchapter G. Petition for Adoption of Rules in
accordance with Texas Government Code §2001.039. The proposed review
was published in the May 25, 2001 issue of the
Texas
Register
(26 TexReg 3834).
The Commission has assessed whether the reasons for adopting or readopting
the rules continue to exist. The rules reviewed were determined by the Commission
to continue to be needed, reflective of current legal and policy considerations,
and reflective of current procedures of the Commission.
No comments were received on the proposed notice of intention to review.
The rule review is adopted under Texas Labor Code §§301.061 and
302.002, which provide the Texas Workforce Commission with the authority to
adopt, amend, or repeal such rules as it deems necessary for the effective
administration of Agency services and activities.
The rules affect Texas Labor Code, Titles 2 and 4 as well as Texas Government
Code Chapter 2308.
For information about the Commission, please visit our web page at www.texasworkforce.org.
TRD-200104212
John Moore
General Counsel
Texas Workforce Commission
Filed: July 23, 2001
The Texas Workforce Commission (Commission) adopts the review of Chapter
803 relating to the Skills Development Fund in accordance with Texas Government
Code §2001.039. The proposed review was published in the May 25, 2001
issue of the
Texas Register
(26 TexReg 3834).
The Commission has assessed whether the reasons for adopting or readopting
the rules continue to exist. The rules reviewed were determined by the Commission
to continue to be needed, reflective of current legal and policy considerations,
and reflective of current procedures of the Commission.
No comments were received on the proposed review.
The rule review is adopted under Texas Labor Code §§301.061 and
302.002, which provide the Texas Workforce Commission with the authority to
adopt, amend, or repeal such rules as it deems necessary for the effective
administration of Agency services and activities.
The rules affect Texas Labor Code, Titles 2 and 4 as well as Texas Government
Code Chapter 2308.
For information about the Commission, please visit our web page at www.texasworkforce.org.
TRD-200104211
John Moore
General Counsel
Texas Workforce Commission
Filed: July 23, 2001
The Texas Workforce Commission (Commission) adopts the review of Chapter
813 relating to Food Stamp Employment and Training in accordance with Texas
Government Code §2001.039. The proposed review was published in the May
25, 2001 issue of the
Texas Register
(26 TexReg
3834).
The Commission has assessed whether the reasons for adopting or readopting
the rules continue to exist. The rules reviewed were determined by the Commission
to continue to be needed, reflective of current legal and policy considerations,
and reflective of current procedures of the Commission.
No comments were received on the proposed review.
The rule review is adopted under Texas Labor Code §§301.061 and
302.002, which provide the Texas Workforce Commission with the authority to
adopt, amend, or repeal such rules as it deems necessary for the effective
administration of Agency services and activities.
The rules affect Texas Labor Code, Titles 2 and 4 as well as Texas Government
Code Chapter 2308.
For information about the Commission, please visit our web page at www.texasworkforce.org.
TRD-200104217
John Moore
Assistant General Counsel
Texas Workforce Commission
Filed: July 23, 2001
The Texas Workforce Commission (Commission) adopts the review of Chapter
817 relating to Child Labor in accordance with Texas Government Code §2001.039.
The proposed review was published in the May 25, 2001 issue of the
Texas Register
(26 TexReg 3834).
The Commission has assessed whether the reasons for adopting or readopting
the rules continue to exist. The rules reviewed were determined by the Commission
to continue to be needed, reflective of current legal and policy considerations,
and reflective of current procedures of the Commission.
No comments were received on the proposed review.
The rule review is adopted under Texas Labor Code §§301.061 and
302.002, which provide the Texas Workforce Commission with the authority to
adopt, amend, or repeal such rules as it deems necessary for the effective
administration of Agency services and activities.
The rules affect Texas Labor Code, Titles 2 and 4 as well as Texas Government
Code Chapter 2308.
For information about the Commission, please visit our web page at www.texasworkforce.org.
TRD-200104216
John Moore
Assistant General Counsel
Texas Workforce Commission
Filed: July 23, 2001
The Texas Workforce Commission (Commission) adopts the review of Chapter
823 relating to General Hearings in accordance with Texas Government Code §2001.039.
The proposed review was published in the May 25, 2001 issue of the
Texas Register
(26 TexReg 3834).
The Commission has assessed whether the reasons for adopting or readopting
the rules continue to exist. The rules reviewed were determined by the Commission
to continue to be needed, reflective of current legal and policy considerations,
and reflective of current procedures of the Commission.
No comments were received on the proposed review.
The rule review is adopted under Texas Labor Code §§301.061 and
302.002, which provide the Texas Workforce Commission with the authority to
adopt, amend, or repeal such rules as it deems necessary for the effective
administration of Agency services and activities.
The rules affect Texas Labor Code, Titles 2 and 4 as well as Texas Government
Code Chapter 2308.
For information about the Commission, please visit our web page at www.texasworkforce.org.
TRD-200104215
John Moore
Assistant General Counsel
Texas Workforce Commission
Filed: July 23, 2001
The Texas Workforce Commission (Commission) adopts the review of Chapter
835 relating to the Self-Sufficiency Fund in accordance with Texas Government
Code §2001.039. The proposed review was published in the May 25, 2001
issue of the
Texas Register
(26 TexReg 3834).
The Commission has assessed whether the reasons for adopting or readopting
the rules continue to exist. The rules reviewed were determined by the Commission
to continue to be needed, reflective of current legal and policy considerations,
and reflective of current procedures of the Commission.
No comments were received on the proposed review.
The rule review is adopted under Texas Labor Code §§301.061 and
302.002, which provide the Texas Workforce Commission with the authority to
adopt, amend, or repeal such rules as it deems necessary for the effective
administration of Agency services and activities.
The rules affect Texas Labor Code, Titles 2 and 4 as well as Texas Government
Code Chapter 2308.
For information about the Commission, please visit our web page at www.texasworkforce.org.
TRD-200104214
John Moore
Assistant General Counsel
Texas Workforce Commission
Filed: July 23, 2001
The Texas Workforce Commission (Commission) adopts the review of Chapter
839, Subchapter A. General Provisions and Subchapter B. Nondiscrimination
and Equal Opportunity in accordance with Texas Government Code §2001.039.
The proposed review was published in the May 25, 2001 issue of the
Texas Register
(26 TexReg 3834).
The Commission has assessed whether the reasons for adopting or readopting
the rules continue to exist. The rules reviewed were determined by the Commission
to continue to be needed, reflective of current legal and policy considerations,
and reflective of current procedures of the Commission.
No comments were received on the proposed review.
The rule review is adopted under Texas Labor Code §§301.061 and
302.002, which provide the Texas Workforce Commission with the authority to
adopt, amend, or repeal such rules as it deems necessary for the effective
administration of Agency services and activities.
The rules affect Texas Labor Code, Titles 2 and 4 as well as Texas Government
Code Chapter 2308.
For information about the Commission, please visit our web page at www.texasworkforce.org.
TRD-200104213
John Moore
Assistant General Counsel
Texas Workforce Commission
Filed: July 23, 2001
Title 28, Part 2
In accordance with the General Appropriation Act, Article IX, §167,
75th Legislature, the General Appropriations Act, Section 9-10, 76th Legislature,
and Texas Government Code §2001.039, as added by SB-178, 76th Legislature,
and pursuant to the notice of intention to review published in the May 25,
2001 issue of the
Texas Register
, (26 TexReg
3835) the Texas Workers' Compensation Commission (the commission) has reviewed
and considered for readoption the following rules in Title 28, Part II of
the Texas Administrative code
CHAPTER 166. WORKERS' HEALTH & SAFETY - ACCIDENT PREVENTION SERVICES §166.1.
Definitions of Terms. §166.2. Initial Licensing and Resumption of Writing
of Workers' Compensation Insurance. §166.3. Annual Report to the Commission. §166.4.
Required Accident Prevention Services. §166.5. Required Periodic Inspections
of Accident Prevention Services and Site of Inspection. §166.6. Exchange
of Information for the Inspection. §166.7. Inspection of Accident Prevention
Services: Conducting and Reporting. §166.8. Qualification of Field Safety
Representatives. §166.9. Approval of Occupational Health and Safety Education
Programs.
The commission has assessed whether the reason for adopting or readopting
these rules continues to exist. No comments were received regarding the review
of this rule.
As a result of the review, the commission has determined that the reason
for adoption of these rules continues to exist. Therefore, the commission
readopts this rule. If the commission determines that this rule should be
revised, the revision will be accomplished in accordance with the Administrative
Procedure Act.
TRD-200104208
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: July 20, 2001
Proposed Rule Review
Adopted Rule Reviews
Texas Department of Mental Health and Mental Retardation
Texas Workforce Commission
Texas Workers' Compensation Commission