Agency Rule Review Plan
Texas State Board of Medical Examiners
Title 22, Part 9
Filed: August 2, 2001
Public Utility Commission of Texas
Title 16, Part 2
Filed: August 6, 2001
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
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
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
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
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
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
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
Agency Rule Review Plan (Revised)
Proposed Rule Reviews
Texas Health and Human Services Commission
Texas Higher Education Coordinating Board
Adopted Rule Reviews
Office of the Attorney General
Texas Department of Criminal Justice