Title 1, Part 10

The Department of Information Resources (DIR) files this notice of intention to review and consider for readoption, revision or repeal Title 1, Texas Administrative Code, Chapter 201, §201.1, "Definitions." The review and consideration are being conducted in accordance with the General Appropriations Act, House Bill 1, 76th Legislature, Article IX, § 9-10.13. The review will include, at a minimum, an assessment by DIR of whether the reasons the rule was initially adopted continue to exist and whether the rule should be readopted.

Any questions or written comments pertaining to this rule review may be submitted to Renee Mauzy, General Counsel, via mail at P.O. Box 13564, Austin, Texas 78711, via facsimile transmission at (512) 475-4759 or via electronic mail at renee.mauzy@dir.state.tx.us. The deadline for comments is 30 days after publication of this notice in the Texas Register . Any proposed changes to these rules as a result of the rule review will be published in the Proposed Rule section of the Texas Register . The proposed rule changes will be open for public comment prior to final adoption or repeal of the rule by DIR in accordance with the requirements of the Administrative Procedure Act, Chapter 2001, Texas Government Code.

1 TAC §201.1, Definitions.

TRD-200100842

Renee Mauzy

General Counsel

Department of Information Resources

Filed: February 8, 2001

Title 31, Part 2

NOTICE OF INTENT TO REVIEW

The Texas Parks and Wildlife Department files this notice of intention to review Texas Administrative Code Title 31, Part 2, as follows:

Chapter 57. FISHERIES

Subchapter A. Harmful or Potentially Harmful Exotic Fish, Shellfish, and Aquatic Plants

§57.111. Definitions.

§57.112. General Rules.

§57.113. Exceptions.

§57.114. Health Certification of Exotic Shellfish.

§57.115. Transportation of Live Exotic Species.

§57.116. Exotic Species Transport Invoice.

§57.117. Exotic Species Permit: Fee and Application Requirements.

§57.118. Exotic Species Permit Issuance.

§57.119. Exotic Species Permit: Requirements for Permits.

§57.120. Exotic Species Permit: Expiration and Renewal.

§57.121. Exotic Species Permit--Amendment.

§57.122. Appeal.

§57.123. Exotic Species Permit Reports.

§57.124. Triploid Grass Carp; Sale, Purchase.

§57.125. Triploid Grass Carp Permit; Application, Fee.

§57.126. Triploid Grass Carp Permit; Terms of Issuance.

§57.127. Triploid Grass Carp Permit; Denial.

§57.128. Exotic Species Permits, Triploid Grass Carp Permits; Revocation.

§57.129. Exotic Species Permit: Private Facility Criteria.

§57.130. Exotic Species Interstate Transport Permit.

§57.131. Exotic Species Interstate Transport Permit: Application and Issuance.

§57.132. Exotic Species Interstate Transport Permit: Permittee Requirements.

§57.133. Exotic Species Interstate Transport Permit: Expiration and Renewal.

§57.134. Wastewater Discharge Authority.

§57.135. Memorandum of Understanding between the Texas Parks and Wildlife Department and the Texas Natural Resource Conservation Commission.

§57.136. Penalties.

Subchapter B. Mussels and Clams

§57.156. Definitions.

§57.157. Mussels and Clams.

§57.158. Penalties.

Subchapter C. Introduction of Fish, Shellfish, and Aquatic Plants

§57.251. Definitions.

§57.252. Prohibited Acts.

§57.253. Permit Exemptions.

§57.254. Permit Application; Validity.

§57.255. Permit Denial.

§57.256. Appeal.

§57.257. Penalties.

Subchapter D. Commercially Protected Finfish

§57.372. Packaging Requirements.

§57.373. Package Labels.

§57.374. Delegation of Authority.

§57.375. Exclusive Economic Zone Regulations.

Subchapter E. Permits to Sell Nongame Fish Taken from Public Fresh Water

§57.377. Definitions.

§57.378. Nongame Fishes Covered by These Rules.

§57.379. Prohibited Acts.

§57.380. Permit Application.

§57.381. Permit Specifications and Requirements.

§57.382. Harvest and Sales Reports.

§57.383. Permit Fee.

§57.384. Permit Denial.

§57.385. Appeal.

§57.386. Penalties.

Subchapter F. Collection of Broodfish from Texas Waters

§57.391. Definitions.

§57.392. General Rules

§57.394. Broodfish Collection; Notification.

§57.395. Broodfish Permits; Fees, Terms of Issuance.

§57.396. Broodfish Permit; Expiration.

§57.397. Broodfish Permit; Revocation.

§57.398. Permit Denial.

§57.399. Appeal.

§57.400. Reports.

§57.401. Restitution for Broodfish.

Subchapter G. Marking of Vehicles

§57.500. Marking of Vehicles.

Subchapter H. Fishery Management Areas

§57.691. Fishery Management Plans.

Subchapter I. Consistency with Federal Regulations in the Exclusive Economic Zone

§57.801. Powers of the Executive Director.

Subchapter J. Fish Pass Proclamation

§57.901. Prohibited Acts.

Subchapter K. Scientific Areas

§57.920. Nine-Mile Hole State Scientific Area.

§57.921. Redfish Bay State Scientific Area.

This review is pursuant to the Texas Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167, 75th Legislature, Regular Session.

The Commission will accept comments for 30 days following the publication of this notice in the Texas Register as to whether the reasons for adopting the sections under review continue to exist and to determine whether the rules reflect current legal, policy, and procedural considerations. Final consideration of this rules review is scheduled for the Parks and Wildlife Commission on April 6, 2001.

Any questions or written comments pertaining to this notice of intention to review should be directed to Gene McCarty, Chief of Staff, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, TX , 78744. Any proposed changes to 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 of the Commission.

TRD-200100881

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Filed: February 12, 2001

NOTICE OF INTENT TO REVIEW

The Texas Parks and Wildlife Department files this notice of intention to review Texas Administrative Code Title 31, Part 2, as follows:

CHAPTER 65. WILDLIFE

Subchapter A. Statewide Hunting and Fishing Proclamation

Division 1. General Provisions

§65.1. Application.

§65.3. Definitions.

§65.5. Importation of Wildlife.

§65.10. Possession of Wildlife Resources.

§65.11. Lawful Means.

§65.19. Hunting Deer with Dogs.

§65.24. Permits.

§65.25. Wildlife Management Plan (WMP).

§65.26. Managed Lands Deer (MLD) Permits.

§65.27. Antlerless and Spike-Buck Deer Control Permits (control permits).

§65.28. Landowner Assisted Management Permit System (LAMPS).

§65.29. Pronghorn Antelope Permits.

§65.30. Desert Bighorn Sheep Permits.

§65.31. Antlerless Mule Deer Permits.

§65.32. Mandatory Check Stations.

Note: The contents of §§65.3, 65.10, 65.11, 65.24, 65.26, 65.27 and 65.29-65.33 are proposed for rule action elsewhere in this issue.

Division 2. Open Seasons and Bag Limits - Hunting Provisions

§65.38. Game Animals: Open Seasons and Bag Limits.

§65.40. Pronghorn Antelope: Open Seasons and Bag Limits.

§65.42. Deer.

§65.44. Javelina: Open Seasons and Annual Bag Limits.

§65.46. Squirrel: Open Seasons, Bag, and Possession Limits.

§65.48. Desert Bighorn Sheep: Open Seasons and Annual Bag Limits.

§65.54. Game Birds: Open Seasons and Bag Limits.

§65.56. Lesser Prairie Chicken: Open Seasons, Bag, and Possession Limits.

§65.60. Pheasant: Open Seasons, Bag, and Possession Limits.

§65.62. Quail: Open Seasons, Bag, and Possession Limits.

§65.64. Turkey.

§65.66. Chachalacas.

NOTE: The contents of §§65.42, 65.44, 65.62, and 65.64 are proposed for rule action elsewhere in this issue.

Division 3. Seasons and Bag Limits - Fishing Provisions

§65.71. Reservoir Boundaries.

§65.72. Fish.

§65.78. Crabs and Ghost Shrimp. §65.82. Other Aquatic Life.

§65.91. Penalty for Violation.

NOTE: The contents of §65.72 and §65.78 are proposed for rule action elsewhere in this issue.

Subchapter C. Permits for Trapping, Transporting, and Transplanting Game Animals and Game Birds

§65.101. Definitions.

§65.103. Trap, Transport, and Transplant Permit.

§65.105. Urban White-Tailed Deer Removal Permit.

§65.107. Permit Applications and Fees.

§65.109. Issuance of Permit.

§65.111. Permit Conditions and Period of Validity.

§65.113. Marking of Game Animals and Game Birds.

§65.115. Notification, Recordkeeping, and Reporting Requirements.

§65.116. Nuisance Squirrels.

§65.117. Prohibited Acts.

§65.119. Penalties.

Subchapter D. Deer Management Permit

§65.131. Deer Management Permit (DMP).

§65.132. Permit Application and Fees.

§65.133. General Provisions.

§65.134. Facility Standards.

§65.135. Detention and Marking of Deer.

§65.136. Release.

§65.137. Disposition of Mortalities.

§65.138. Violations and Penalties.

Subchapter G. Threatened and Endangered Nongame Species

§65.171. General Provisions.

§65.172. Exceptions.

§65.173. Special Provisions.

§65.174. Permanent Identification.

§65.175. Threatened Species.

§65.176. Violations and Penalties.

Subchapter H. Public Lands Proclamation

§65.190. Application.

§65.191. Definitions.

§65.192. Powers of the Executive Director.

§65.193. Access Permit Required and Fees.

§65.194. Competitive Hunting Dog Event (Field Trial) Permits and Fees.

§65.195. Permit Revocation.

§65.196. Refund of Permit Fees.

§65.197. Reinstatement of Preference Points.

§65.198. Entry, Registration and Checkout.

§65.199. General Rules of Conduct.

§65.200. Construction of Blinds.

§65.201. Motor Vehicles.

§65.202. Minors Hunting on Public Hunting Lands.

§65.203. Hunter Safety.

§65.208. Penalties.

NOTE: The contents of §§65.190, 65,193, 65.197, 65.198, and 65.202 are proposed for rule action elsewhere in this issue.

Subchapter J. Bobcat Proclamation

§65.251. Definitions.

§65.252. Bobcat Season.

§65.253. General Provisions.

§65.254. Bobcat Tags.

§65.255. Bobcat Dealer Permits.

§65.256. Penalties.

Subchapter K. Raptor Proclamation

§65.261. Applicability.

§65.262. Definitions.

§65.263. General Provisions.

§65.264. Applications and Permits.

§65.265. Permit Classes: Restrictions.

§65.266. General Facility Standards.

§65.267. Reports.

§65.269. Trapping Seasons and Collecting Area.

§65.270. Marking.

§65.271. Transfers and Sale.

§65.272. Change of Address.

§65.273. Temporary Relocation Out of State.

§65.274. Permanent Relocation to Texas.

§65.275. Special Provisions.

§65.276. Open Seasons and Bag Limits.

§65.277. Violations and Penalties.

Subchapter N. Migratory Game Bird Proclamation

§65.309. Definitions.

§65.310. Means, Methods, and Special Requirements.

§65.311. Importation of Migratory Game Birds.

§65.312. Possession of Migratory Game Birds.

§65.313. General Rules.

§65.314. Zones and Boundaries for Early Season Species.

§65.315. Open Seasons and Bag and Possession Limits--Early Season.

§65.317. Zones and Boundaries for Late Season Species.

§65.318. Open Seasons and Bag and Possession Limits--Late Season.

§65.319. Extended Falconry Season--Early Season Species.

§65.320. Extended Falconry Season--Late Season Species.

§65.321. Special Management Provisions.

§65.322. Penalties.

Subchapter O. Commercial Nongame Permits

§65.325. Applicability.

§65.326. Definitions.

§65.327. Permit Required.

§65.329. Permit Application.

§65.330. Record and Reporting Requirements.

§65.331. Affected Species.

§65.332. Violations and Penalties.

Subchapter P. Alligator Proclamation

§65.351. Application.

§65.352. Definitions.

§65.353. General Provisions.

§65.354. Hunting.

§65.355. Open Seasons and Bag Limit.

§65.356. Means and Methods.

§65.357. Sale of Alligators.

§65.358. Alligator Egg Collectors.

§65.359. Possession.

§65.360. Report Requirements.

§65.361. Alligator Farm Facility Requirements.

§65.362. Importation and Exportation.

§65.363. Alligator Control.

§65.364. Exceptions.

§65.365. Violations and Penalties.

Subchapter Q. Statewide Fur-bearing Animal Proclamation

§65.371. Application.

§65.372. Definitions.

§65.375. Open Seasons; Means and Methods.

§65.376. Possession of Live Fur-bearing Animals.

§65.377. Sale or Purchase of Fur-bearing Animals or Their Pelts.

§65.378. Importation and Release of Fur-bearing Animals or Their Pelts.

§65.379. Reporting Requirements.

§65.380. Penalty.

Subchapter T. Scientific Breeder Permit

§65.601. Definitions.

§65.602. Permit Requirement and Permit Privileges.

§65.603. Application and Permit Issuance.

§65.605. Holding Facility Standards and Care of Deer.

§65.607. Marking of Deer.

§65.608. Annual Reports and Records.

§65.609. Purchase of Deer and Purchase Permit.

§65.610. Transport of Deer and Transport Permit.

§65.611. Prohibited Acts.

§65.612. Disposition of Deer.

§65.613. Penalties.

Subchapter V. Wildlife Management Association Area Hunting Lease License

§65.801. Definitions.

This review is pursuant to the Texas Government Code, §2001.039, and the General Appropriations Act of 1997, Article IX, §167, 75th Legislature, Regular Session. The Commission will accept comments for 30 days following the publication of this notice in the Texas Register as to whether the reasons for adopting the sections under review continue to exist and to determine whether the rules reflect current legal, policy, and procedural considerations. Final consideration of this rules review is scheduled for the Parks and Wildlife Commission on April 6, 2001.

Any questions or written comments pertaining to this notice of intention to review should be directed to Gene McCarty, Chief of Staff, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, TX , 78744. Any proposed changes to 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 of the Commission.

TRD-200100882

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Filed: February 12, 2001

The General Land Office (GLO) adopts the review of the rules found in 31 TAC, Part 1, Chapter 15 relating to Coastal Area Planning pursuant to the Texas Government Code, §2001.039.

The GLO finds that the reasons for adopting all the rules in the chapter continue to exist and received no comments in response to the notice of rule review published in the November 24, 2000, edition of the Texas Register (25 TexReg11676).

TRD-200100879

Larry Soward

Chief Clerk

General Land Office

Filed: February 12, 2001

Title 19, Part 1

The Texas Higher Education Coordinating Board adopts without changes, the rule review of Chapter 5, Program Development, in accordance with Section 2001.039 Texas Government Code. The proposed rule review was filed on December 8, 2000 and published in the December 22, 2000, edition of the Texas Register (25 TexReg 12817).

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

No comments were received regarding the adoption of this chapter.

TRD-200100909

Gary Prevost

Acting Assistant Commissioner for Administration

Texas Higher Education Coordinating Board

Filed: February 13, 2001

The Texas Higher Education Coordinating Board adopts without changes, the rule review of Chapter 21, Student Services, in accordance with Section 2001.039 Texas Government Code. The proposed rule review was filed on December 8, 2000 and published in the December 22, 2000, edition of the Texas Register (25 TexReg 12817).

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

No comments were received regarding the adoption of this chapter.

TRD-200100910

Gary Prevost

Acting Assistant Commissioner for Administration

Texas Higher Education Coordinating Board

Filed: February 13, 2001

Title 1, Part 10

The Department of Information Resources (department) readopts without changes the provisions of 1 TAC §201.9, "Board Policies." The readoption is in accordance with the General Appropriations Act, House Bill 1, 76th Legislature, Article IX, § 9-10.13. The notice of intention to review was published in the November 10, 2000, issue of the Texas Register (25 TexReg 11297). The department has determined that the reason for the initial adoption of the rule relating to board policies continues to exist and that the rule should be readopted. No comments were received concerning readoption of §201.9.

TRD-200100843

Renee Mauzy

General Counsel

Department of Information Resources

Filed: February 8, 2001