TITLE rule-review

Agency Rule Review Plan

Texas State Board of Medical Examiners

Title 22, Part 9

Filed: August 2, 2001


Agency Rule Review Plan (Revised)

Public Utility Commission of Texas

Title 16, Part 2

Filed: August 6, 2001


Proposed Rule Reviews

Texas Commission for the Blind

Title 40, Part 4

The Texas Commission for the Blind files this notice of its intent, beginning August 1, to review Chapter 161 of its rules pertaining to Appeals and Hearing Procedures in accordance with the requirements of Texas Government Code, §2001.039, added by Acts 1999, 76th Leg., ch. 1499, §1.11(a).

The public is invited to make comments on the rules as they exist in 40 TAC, Part 4, Chapter 161. The comment period will last 30 days beginning with the publication of this notice of intention to review.

The Commission's Board will consider comments received in response to this notice at a meeting tentatively scheduled in early November 2001. Any changes to the rules proposed by the Commission after the Board's review of the chapter and consideration of 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 rule-making requirements.

Comments or questions regarding this rule review may be submitted in writing to Jean Crecelius, Policy & Rules Coordinator, Texas Commission for the Blind, P. O. Box 12866, Austin, TX 78711 or via facsimile at (512) 377-0682.

TRD-200104436

Terrell I. Murphy

Executive Director

Texas Commission for the Blind

Filed: August 1, 2001


Texas Health and Human Services Commission

Title 1, Part 15

The Health and Human Services Commission proposes to review Chapter 351, concerning Coordinated Planning and Delivery of Health and Human Services, Chapter 353, concerning Medicaid Managed Care, and Chapter 355, concerning Medicaid Reimbursement Rates, 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 351, 353, and 355 continue to exist. The rules were adopted pursuant to Government Code, §531.033, which authorizes the Commission to adopt rules necessary to carry out the Commission's duties under chapter 531, or transferred to the Commission pursuant to section 531.021, which designates the Commission as the state agency to administer the state Medicaid program.

Comments on the review of Chapters 351, 353, and 355 may be submitted in writing to Steve Aragon, General Counsel, P.O. Box 13247, Austin, Texas, 78711. Comments may be faxed to (512) 424-6586 or may be submitted electronically via the Commission's web page at http://www.hhsc.state.tx.us/about_HHSC.

TRD-200104502

Marina Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Filed: August 7, 2001


Texas Higher Education Coordinating Board

Title 19, Part 1

The Texas Higher Education Coordinating Board proposes to readopt Chapter 22, Grant and Scholarship Programs, in accordance with Section 2001.039 Texas Government Code.

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

Comments on the proposed readoption may be submitted to Don W. Brown, Commissioner of Higher Education, P.O. Box 12788, Austin, Texas 78711.

TRD-200104443

Gary Prevost

Director of Business Services

Texas Higher Education Coordinating Board

Filed: August 2, 2001


Adopted Rule Reviews

Texas Animal Health Commission

Title 4, Part 2

The Texas Animal Health Commission (commission) has completed the review of Chapter 31 concerning Anthrax, in accordance with the General Appropriations Act, Article IX, §167, 75th Legislature. The rules are located in Title 4, Part II, of the Texas Administrative Code and contain the following sections: §31.1. Diagnosis; §31.2. Quarantine; §31.3. Disposal. The notice of review was published in the April 9, 1999, issue of the Texas Register (24 TexReg 2955).

No comments were received on this chapter. The commission readopts these sections pursuant to the requirements of the General Appropriations Act, Article IX, §167, 75th Legislature, and find reasons for adopting these rules continue to exist.

This concludes the review of Chapter 31. Anthrax.

TRD-200104471

Gene Snelson

General Counsel

Texas Animal Health Commission

Filed: August 6, 2001


The Texas Animal Health Commission (commission) has completed the review of Chapter 34 concerning Veterinary Biologics, in accordance with the General Appropriations Act, Article IX, §167, 75th Legislature. The rules are located in Title 4, Part II, of the Texas Administrative Code and contain the following sections: §34.1. Definitions; §34.2. General Requirements. The notice of review was published in the August 21, 1998, issue of the Texas Register (23 TexReg 8696).

No comments were received on this chapter. The commission readopts these sections pursuant to the requirements of the General Appropriations Act, Article IX, §167, 75th Legislature, and find reasons for adopting these rules continue to exist.

This concludes the review of Chapter 34. Veterinary Biologics.

TRD-200104472

Gene Snelson

General Counsel

Texas Animal Health Commission

Filed: August 6, 2001


The Texas Animal Health Commission (commission) has completed the review of Chapter 47 concerning Approved Personnel, in accordance with the General Appropriations Act, Article IX, §167, 75th Legislature. The rules are located in Title 4, Part II, of the Texas Administrative Code and contain the following sections: §47.1. Definitions; §47.2. General Requirements; §47.3. Requirements for Brucellosis Testing; §47.4. Brucellosis Calfhood Vaccination Requirements and §47.5. Suspension or Revocation of Approved Personnel Status. The notice of review was published in the June 19, 1998, issue of the Texas Register (23 TexReg 6527).

No comments were received on this chapter. The commission readopts these sections pursuant to the requirements of the General Appropriations Act, Article IX, §167, 75th Legislature, and find reasons for adopting these rules continue to exist.

This concludes the review of Chapter 47. Approved Personnel.

TRD-200104473

Gene Snelson

General Counsel

Texas Animal Health Commission

Filed: August 6, 2001


Office of the Attorney General

Title 1, Part 3

Pursuant to Texas Government Code §2001.039, the General Appropriations Act, Article IX, §167 (1997) and the General Appropriations Act, Article IX, §9.10.13 (1999), the Office of the Attorney General ("OAG") adopts the review of Texas Administrative Code, Title 1, Part 3, Chapter 53, Municipal Securities, Subchapter A, Approval of Municipal Securities by Attorney General; Subchapter B, Approval of City and County General Obligation Bonds; Subchapter C, Approval of City Revenue Bonds, Notes, and Warrants; Subchapter D, Approval of School District Bonds; Subchapter E, Approval of Issues of Certificates of Obligations; Subchapter F, Approval of Municipal Utility District Bonds; Subchapter G, Approval of Pollution Control Bonds and Bonds Issued Pursuant to River Authority Supply Contracts; Subchapter H, Approval of Bonds issued by Institutions of Higher Education; Subchapter I, Approval of Bonds to be Issued by Local Government for the Construction of Sports Centers; Subchapter J, Requirements of the Approval of Securities with Respect to Criminal Justice Facilities; Subchapter K, Approval of San Antonio River Authority and Pollution Control District Bonds; Subchapter L, General Requirements for Nonprofit Corporation Bonds; Subchapter M, Development Corporation Bonds; Subchapter N, Health Facilities Development Corporation Bonds; Subchapter O, Housing Finance Corporation Bonds; and Subchapter P, Other Corporation Bonds.

The OAG proposed the review of Chapter 53 in the June 22, 2001, issue of the Texas Register (26 TexReg 4745). The review assessed whether the reasons for the rules continue to exist. No comments were received regarding this review.

As a result of this review, the OAG determined that the following rules should be repealed:

§53.12. Representations in Official Notices of Sale

§53.13. Limited Tax Obligations.

§53.18. Adequate Resources.

§53.19. Then Current Conditions.

§53.20. Applications for Bond Replacement.

§53.21. Authorization Elections.

§53.24. Prior Issue Transcripts.

§53.72. Increases in Original Contract Price.

§53.75. Certificates in Exchange for Services or Property.

§53.76. Refunding of Certificates in Exchange for Services or Property.

§53.77. Emergency Approval.

§53.78. Approval of Certificates.

§53.81. Applicable Statute.

§53.87. Authorization for Issuance: Other Matters.

§53.88. Transcripts of Proceedings: Certificates in Exchange for Services or Property.

§53.101. On-the-Ground Inspection.

§53.151. Contents of Transcripts.

§53.152. Pledge Income of a Contract or Lease Involved in the Proposed Issue To Be Supported.

§53.162. Criminal Justice Facilities Contracts Contents.

§53.163. Revenue Financing; Projection of Anticipated Income.

§53.164. Division Rules Applicable.

§53.165. Pledged Parking Fees and Other Fee Income Transcripts.

§53.171. Certified Copies of All Proceedings.

Except for the rules enumerated above which the OAG intends to propose for repeal at a future date, the reasons for adopting the rules in Chapter 53 continue to exist. The review of Chapter 53 has revealed the need to make certain revisions to update, reorganize, and clarify the chapter, which the OAG intends to address in future rulemaking. The OAG anticipates that it will propose the repeal or amendment of rules in Chapter 53, Municipal Securities, by December 31, 2001.

If you have any questions regarding this publication, please contact A.G. Younger, Agency Liaison, at (512) 463-2110.

TRD-200104450

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: August 2, 2001


Pursuant to Texas Government Code, §2001.039, the General Appropriations Act, Article IX, §167 (1997) and the General Appropriations Act, Article IX, §9.10.13 (1999), the Office of the Attorney General ("OAG") adopts the review of Texas Administrative Code, Title 1, Part 3, Chapter 55, Child Support Enforcement, Subchapter A, General Guidelines; Subchapter B, Locate Services; Subchapter C, Administrative Review; Subchapter D, Forms of Child Support Enforcement; Subchapter F, Collections and Distributions; Subchapter G, Contracts and Audits; Subchapter H, License Suspension; Subchapter I, State Directory of New Hires; Subchapter J, Voluntary Paternity Acknowledgement Process; and Subchapter K, Release of Information.

The OAG proposed the review of Chapter 55 in the June 22, 2001, issue of the Texas Register (26 TexReg 4745). The review assessed whether the reasons for the rules continue to exist. No comments were received regarding this review.

As a result of this review, the OAG determined that Subchapter G, Contracts and Audits should be repealed. The proposed repeal will be published by December 2001.

The OAG determined that the reasons for the rules in the subchapters listed below continue to exist, however these rules should be updated, reorganized, amended, and clarified in future rulemaking. The amendments of the rules in the following subchapters will be proposed by December 2001:

Subchapter A. General Guidelines;

Subchapter C. Administrative Review;

Subchapter D. Forms of Child Support Enforcement;

Subchapter F. Collections and Distributions;

Subchapter H. License Suspension;

Subchapter I. State Directory of New Hires; and

Subchapter J. Voluntary Paternity Acknowledgement Process.

As a result of this review, the OAG also determined that the reasons for the rules in Subchapter B, Locate Services and Subchapter K, Release of Information continue to exist and the rules in these subchapters do not require any changes.

The OAG also determined that a new subchapter is required. Therefore, Subchapter L, Financial Institution Data Machines, will be proposed by December 2001.

If you have any questions regarding this publication, please contact A.G. Younger, Agency Liaison, at (512) 463-2110.

TRD-200104451

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: August 2, 2001


Pursuant to Texas Government Code §2001.039, the General Appropriations Act, Article IX, §167 (1997) and the General Appropriations Act, Article IX, §9.10.13 (1999), the Office of the Attorney General ("OAG") adopts the review of Texas Administrative Code, Title 1, Part 3, Chapter 57, Rental-Purchase Act Compliance, §57.1, Rental-Purchase Form Agreement.

The OAG proposed the review of Chapter 57 in the June 22, 2001, issue of the Texas Register (26 TexReg 4745). The review assessed whether the reasons for the rule continue to exist. No comments were received regarding this review.

As a result of this review, the OAG determined that the reasons for the rule in this chapter continue to exist, however the rule should be updated, reorganized, amended, and clarified in future rulemaking. The OAG will propose the necessary amendments of the rule in Chapter 57, Rental-Purchase Act Compliance, by October 2001.

If you have any questions regarding this publication, please contact A.G. Younger, Agency Liaison, at (512) 463-2110.

TRD-200104452

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: August 2, 2001


Pursuant to Texas Government Code §2001.039, the General Appropriations Act, Article IX, §167 (1997) and the General Appropriations Act, Article IX, §9.10.13 (1999), the Office of the Attorney General ("OAG") adopts the review of Texas Administrative Code, Title 1, Part 3, Chapter 59, Collections, §§59.1 - 59.3.

The OAG proposed the review of Chapter 59 in the June 22, 2001, issue of the Texas Register (26 TexReg 4745). The review assessed whether the reasons for the rules continue to exist. No comments were received regarding this review.

As a result of this review, the OAG determined that the reasons for the rules in this chapter continue to exist, however these rules should be updated, reorganized, amended, and clarified in future rulemaking. The OAG will propose the necessary amendments of the rules in Chapter 59, Collections, by November 2001.

If you have any questions regarding this publication, please contact A.G. Younger, Agency Liaison, at (512) 463-2110.

TRD-200104453

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: August 2, 2001


Pursuant to Texas Government Code §2001.039, the General Appropriations Act, Article IX, §167 (1997) and the General Appropriations Act, Article IX, §9.10.13 (1999), the Office of the Attorney General ("OAG") adopts the review of Texas Administrative Code, Title 1, Part 3, Chapter 61, Crime Victims' Compensation.

The OAG proposed the review of the rules of Chapter 61 in the June 22, 2001, issue of the Texas Register (26 TexReg 4745). The review assessed whether the reasons for the rules continue to exist.

No comments were received regarding this review.

As a result of this review, the OAG determined that the reasons for the rules in this chapter continue to exist, however these rules should be updated, reorganized, amended, and clarified in future rulemaking. The OAG will propose the necessary amendments of the rules in Chapter 61, Crime Victims' Compensation, by December 2001.

If you have any questions regarding this publication, please contact A.G. Younger, Agency Liaison, at (512) 463-2110.

TRD-200104454

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: August 2, 2001


Pursuant to Texas Government Code, §2001.039, the General Appropriations Act, Article IX, §167 (1997) and the General Appropriations Act, Article IX, §9.10.13 (1999), the Office of the Attorney General ("OAG") adopts the review of Texas Administrative Code, Title 1, Part 3, Chapter 62, Sexual Assault Prevention and Crisis Services.

The OAG proposed the review of the rules in Chapter 62 in the June 22, 2001, issue of the Texas Register (26 TexReg 4745). The review assessed whether the reasons for the rules continue to exist.

No comments were received regarding this review.

As a result of this review, the OAG determined that the reasons for the rules in this chapter continue to exist, however these rules should be updated, reorganized, amended, and clarified in future rulemaking. The OAG will propose the necessary amendments of the rules in Chapter 62, Sexual Assault Prevention and Crisis Services, by December 2001.

If you have any questions regarding this publication, please contact A.G. Younger, Agency Liaison, at (512) 463-2110.

TRD-200104455

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: August 2, 2001


Texas Department of Criminal Justice

Title 37, Part 6

The Texas Department of Criminal Justice (department) has reviewed Chapter 161, concerning CJAD Administration; and Chapter 163, concerning CJAD Standards and has determined that amendments are necessary. The department has also reviewed Chapter 151, concerning General Provisions; Chapter 152, concerning Institutional Division; and Chapter 155, concerning Reports and Information Gathering. 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 30-day public comment period prior to final adoption or repeal by the department.

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

TRD-200104526

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Filed: August 8, 2001