Chapter 55

The Office of the Attorney General (OAG) files this Notice of Intention to Review Texas Administrative Code, Title 1 Administration, Part 3 Office of the Attorney General, Chapter 55 Child Support Enforcement. The review is in accordance with the requirements of Texas Government Code §2001.039, the General Appropriations Act, Article IX, §167 (1997) and the General Appropriations Act, Article IX, §9.10.13 (1999) which require state agencies to review and consider for readoption their administrative rules every four years. The review shall assess whether the reasons for the rules continue to exist.

The OAG proposes to review Chapter 55 Child Support Enforcement, Subchapter A General Guideline; 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.

For 30 days following the publication of this notice the OAG will accept public comments concerning whether the reasons for adopting this chapter continue to exist.

Any questions or written comments pertaining to this notice of intention to review this chapter should be directed to Beth Page, Assistant Attorney General, Office of the Attorney General, P. O. Box 12548, Austin, TX 78711-2548, (512) 463-0286, www.beth.page@oag.state.tx.us.

TRD-200103201

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: June 7, 2001

Chapter 57

The Office of the Attorney General (OAG) files this Notice of Intention to Review Texas Administrative Code, Title 1 Administration, Part 3 Office of the Attorney General, Chapter 57 Rental-Purchase Act Compliance. The review is in accordance with the requirements of Texas Government Code §2001.039, the General Appropriations Act, Article IX, §167 (1997) and the General Appropriations Act, Article IX, §9.10.13 (1999) which require state agencies to review and consider for readoption their administrative rules every four years. The review shall assess whether the reasons for the rule continues to exist. The OAG proposes to review Chapter 57 Rental-Purchase Act Compliance, Section §57.1 Rental-Purchase Form Agreement.

For 30 days following the publication of this notice the OAG will accept public comments concerning whether the reasons for adopting this chapter continue to exist.

Any questions or written comments pertaining to this notice of intention to review this chapter should be directed to Beth Page, Assistant Attorney General, Office of the Attorney General, P. O. Box 12548, Austin, TX 78711-2548, (512) 463-0286, www.beth.page@oag.state.tx.us.

TRD-200103202

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: June 7, 2001

Chapter 59

The Office of the Attorney General (OAG) files this Notice of Intention to Review Texas Administrative Code, Title 1 Administration, Part 3 Office of the Attorney General, Chapter 59 Collections §§59.1 - 59.3. The review is in accordance with the requirements of Texas Government Code §2001.039, the General Appropriations Act, Article IX, §167 (1997) and the General Appropriations Act, Article IX, §9.10.13 (1999) which require state agencies to review and consider for readoption their administrative rules every four years. The review shall assess whether the reasons for the rules continue to exist.

The OAG proposes to review Chapter 59 Collections §§59.1, 59.2, and 59.3.

For 30 days following the publication of this notice the OAG will accept public comments concerning whether the reasons for adopting this chapter continue to exist.

Any questions or written comments pertaining to this notice of intention to review this chapter should be directed to Beth Page, Assistant Attorney General, Office of the Attorney General, P. O. Box 12548, Austin, TX 78711-2548, (512) 463-0286, www.beth.page@oag.state.tx.us.

TRD-200103206

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: June 7, 2001

Chapter 61

The Office of the Attorney General (OAG) files this Notice of Intention to Review Texas Administrative Code, Title 1 Administration, Part 3 Office of the Attorney General, Chapter 61 Crime Victims Compensation §§61.1, 61.2, 61.3, 61.4, 61.5, 61.6, 61.7, 61.8, 61.9, 61.10, 61.11, 61.12, 61.13, 61.14, 61.15, 61.16, 61.17, 61.18, 61.19, 61.20, 61.21, 61.22, 61.23, 61.24, 61.25, 61.26, 61.27, 61.28, 61.29, 61.30, 61.31, 61.32, 61.33, 61.34, 61.35, 61.36, 61.37, 61.38, 61.39. The review is in accordance with the requirements of Texas Government Code §2001.039, the General Appropriations Act, Article IX, §167 (1997) and the General Appropriations Act, Article IX, §9.10.13 (1999) which require state agencies to review and consider for readoption their administrative rules every four years. The review shall assess whether the reasons for the rules continue to exist.

The OAG proposes to review Chapter 61 Crime Victims Compensation §§61.1, 61.2, 61.3, 61.4, 61.5, 61.6, 61.7, 61.8, 61.9, 61.10, 61.11, 61.12, 61.13, 61.14, 61.15, 61.16, 61.17, 61.18, 61.19, 61.20, 61.21, 61.22, 61.23, 61.24, 61.25, 61.26, 61.27, 61.28, 61.29, 61.30, 61.31, 61.32, 61.33, 61.34, 61.35, 61.36, 61.37, 61.38, 61.39.

For 30 days following the publication of this notice the OAG will accept public comments concerning whether the reasons for adopting this chapter continue to exist.

Any questions or written comments pertaining to this notice of intention to review this chapter should be directed to Beth Page, Assistant Attorney General, Office of the Attorney General, P. O. Box 12548, Austin, TX 78711-2548, (512) 463-0286, www.beth.page@oag.state.tx.us

TRD-200103203

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: June 7, 2001

Chapter 62

The Office of the Attorney General (OAG) files this Notice of Intention to Review Texas Administrative Code, Title 1 Administration, Part 3 Office of the Attorney General, Chapter 62 Sexual Assault Prevention and Crisis Services, §§62.1, 62.2, 62.3, 62.4, 62.5, 62.6, 62.7, 62.8, 62.9, 62.10, 62.11, 62.12, 62.13, 62.14, 62.15, 62.16, 62.17, 62.18, 62.19, 62.20, 62.21, 62.22, 62.23, 62.24, 62.25, 62.26, 62.27, 62.28, 62.29, 62.30, 62.31, 62.32. The review is in accordance with the requirements of Texas Government Code §2001.039, the General Appropriations Act, Article IX, §167 (1997) and the General Appropriations Act, Article IX, §9.10.13 (1999) which require state agencies to review and consider for readoption their administrative rules every four years. The review shall assess whether the reasons for the rules continue to exist.

The OAG proposes to review Chapter 62 Sexual Assault Prevention and Crisis Services §§62.1, 62.2, 62.3, 62.4, 62.5, 62.6, 62.7, 62.8, 62.9, 62.10, 62.11, 62.12, 62.13, 62.14, 62.15, 62.16, 62.17, 62.18, 62.19, 62.20, 62.21, 62.22, 62.23, 62.24, 62.25, 62.26, 62.27, 62.28, 62.29, 62.30, 62.31, 62.32.

For 30 days following the publication of this notice the OAG will accept public comments concerning whether the reasons for adopting this chapter continue to exist.

Any questions or written comments pertaining to this notice of intention to review this chapter should be directed to Beth Page, Assistant Attorney General, Office of the Attorney General, P. O. Box 12548, Austin, TX 78711-2548, (512) 463-0286, www.beth.page@oag.state.tx.us.

TRD-200103204

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Filed: June 7, 2001

Title 7, Part 2

The Finance Commission of Texas ("commission"), on behalf of the Texas Department of Banking ("department"), files this notice of intention to review Texas Administrative Code, Title 7, Chapter 15, Subchapter F, comprised of §§15.101-15.117, regarding Applications for Merger, Conversion and Purchase or Sale of Assets. This review is undertaken pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, §167, and Government Code, §2001.039, which require an agency to review each of its rules within four years of the effective date and each four years thereafter. The department, which administers Subchapter F, believes that the reasons for the adoption of the sections under review continue to exist and will accept public comment regarding the continued existence of those reasons for 30 days following the publication of this notice in the Texas Register . Final consideration of this rules review is tentatively scheduled for the commission meeting on August 17, 2001.

Any questions or written comments pertaining to this notice of intention to review should be directed to Everette D. Jobe, General Counsel, Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, or by e-mail to everette.jobe@banking.state.tx.us. 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 by the commission.

TRD-200103295

Everette D. Jobe

Certifying Official

Texas Department of Banking

Filed: June 12, 2001

Title 37, Part 3

In accordance with the General Appropriation Act, Article IX, Section 167, 75th Legislature, the Texas Youth Commission proposes the review of chapters 111, 117, 119, and 125.

The Commission has conducted the rule review in chapter's 111, 117, 119, and 125. The Commission proposes no amendments, repeals, or withdraws to chapter's 111, 117, 119, and 125.

The Commission will consider whether the reasons for adopting all other rules continue to exist.

Comments or questions pertaining to this Notice of Intent to Review should be directed to Sherma Cragg, Policy and Manuals Manager, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765 or e-mail sherma.cragg@tyc.state.tx.us.

TRD-200103323

Steve Robinson

Executive Director

Texas Youth Commission

Filed: June 12, 2001

Title 30, Part 1

The Texas Natural Resource Conservation Commission (commission) adopts the rules review and readopts Chapter 106, Permits by Rule, 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 January 19, 2001 issue of the Texas Register (26 TexReg 781).

CHAPTER SUMMARY

Chapter 106 provides a mechanism to authorize the construction and/or modification of insignificant sources of air contaminants in lieu of requiring a permit under Chapter 116, Control of Air Pollution by Permits for New Construction or Modification. Chapter 106 contains the rules authorized by Texas Health and Safety Code, Texas Clean Air Act (TCAA), §382.057, Exemption, and §382.05196, Permits by Rule, enacted by the 62nd and 76th Texas Legislature respectively. The types of facilities subject to this chapter are listed in Chapter 106, Subchapters C - X.

In 1996, Chapter 106, Exemptions from Permitting, was created. The sections organized to create the chapter were originally contained in the Standard Exemption List. This list was created May 8, 1972, was later incorporated into Chapter 116 by reference, and was replaced by the creation of Chapter 106. Chapter 106 has been modified ten times since its creation in 1996, and the Exemption List was modified 18 times prior to its incorporation into Chapter 106. This chapter continues to be an evolving chapter, and as new permits by rule have been added, they have been technically reviewed to ensure protection of public health and welfare.

Chapter 106 is used to authorize emissions from insignificant sources which would otherwise require a permit under Chapter 116. As codified in §106.4, emissions from some sources of air contaminants may be considered insignificant, and thus qualify for an exemption from permitting, if the following general conditions are met: 1.) total actual emissions from a facility cannot exceed 250 tons per year (tpy) of carbon monoxide or nitrogen oxides; 2.) total actual emissions from a facility cannot exceed 25 tpy of volatile organic compounds sulfur dioxide inhalable particulate matter or any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen; and 3.) no facility or group of facilities may constitute a new major stationary source or major modification. In addition, all other state and federal rules and regulations must be met, along with the conditions of the individual section under which authorization is sought. Permits by Rule may include emission control requirements or operational parameters designed to reduce or minimize emissions.

The 76th Legislature, 1999, passed Senate Bill 766, which contained a new §382.05196, Permits by Rule. On August 9, 2000, implementing this legislation, the commission amended Chapter 106, Exemptions from Permitting, renaming it Permits by Rule. This name accurately reflects the fact that sources seeking authorization under the individual sections of Chapter 106 are not exempt from regulation and must meet specific controls or evaluation criteria prior to obtaining authorization. Permits by rule may be used to authorize new construction and/or modifications or changes at the types of facilities listed in Chapter 106, Subchapters C - X.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission determined that the reasons for the rules in Chapter 106 continue to exist. These rules are needed to implement provisions of state law, including TCAA, §382.057, Exemption, and in TCAA, §382.05196, Permits by Rule. The use of permits by rule ensures efficient regulation of facilities which do not make a significant contribution to air quality and do not justify case-by-case permitting. Permits by rule may include emission control requirements or operational parameters designed to minimize or reduce emissions. Thus, Chapter 106 increases the commission's efficiency in authorizing insignificant sources of air contaminants and streamlines the permitting process for external stakeholders.

PUBLIC COMMENT

The public comment period closed on February 20, 2001. No comments on whether the reasons for the rules continue to exist were received.

TRD-200103265

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: June 11, 2001

The Texas Natural Resource Conservation Commission (commission) adopts the rules review and readopts Chapter 327, Spill Prevention and Control, 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 March 9, 2001, issue of the Texas Register (26 TexReg 2058).

CHAPTER SUMMARY

Chapter 327 was adopted by the commission on April 24, 1996, to clarify the reporting requirements in Texas Water Code (TWC), Subchapter B, §26.039, and to achieve the policy stated in Texas Hazardous Substances Spill Prevention and Control Act, TWC, Subchapter G, including §26.262, which is to prevent the spill or discharge of oil, hazardous substances, or other substances into the waters in the state and to cause the removal of such spills and discharges without undue delay. The chapter establishes clear reporting and response action guidelines, intended to improve the timeliness, adequacy, coordination, efficiency, and effectiveness of responses to discharges or spills subject to the commission's regulatory jurisdiction. At the time of its adoption, Chapter 327 incorporated the rules in Chapter 343, Oil and Hazardous Substances, and updated them to conform with Texas Hazardous Substances Spill Prevention and Control Act which superseded Texas Oil and Hazardous Substances Spill Prevention and Control Act of 1977.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission determined that the reasons for the rules in Chapter 327 continue to exist. The rules are needed to implement provisions of Texas Hazardous Substances Spill Prevention and Control Act, TWC, including §26.262, which establishes the policy of the state to prevent the spill or discharge of oil, hazardous substances, or other substances into the waters in the state and to cause the removal of such spills and discharges without undue delay. The commission's review of Chapter 327 also revealed the need for a number of changes, which the commission intends to propose in a future rulemaking.

PUBLIC COMMENT

The public comment period closed on April 9, 2001. No comments on whether the reasons for the rules continue to exist were received.

TRD-200103220

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: June 8, 2001

The Texas Natural Resource Conservation Commission (commission) adopts the rules review and readopts Chapter 332, Composting, 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 rules review notice was published in the March 23, 2001 issue of the Texas Register (26 TexReg 2412).

CHAPTER SUMMARY

Chapter 332 provides general composting information and establishes general requirements for operations which are exempt from the commission's notification, registration, or permitting requirements. In addition, Chapter 332 provides regulatory requirements for those facilities which do require notification, registration, or a permit. More specifically, Chapter 332 includes requirements regarding notice, operation, forms, applications, reporting, application preparation, processing, records, and location standards. Chapter 332 also provides information and requirements for source-separated recycling, household hazardous waste collection, and end-product standards.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission determined that the reasons for the rules in Chapter 332 continue to exist. The rules are needed to establish regulations that will divert organic materials from the typical municipal solid waste stream. The rules are also needed to promote the beneficial reuse of those materials while maintaining standards for human health and safety and environmental protection.

PUBLIC COMMENT

No public hearing was held for this rules review. The rules review notice was published in the March 23, 2001, issue of the Texas Register (26 TexReg 2412). No comments were received during the comment period.

TRD-200103266

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: June 11, 2001

Title 16, Part 1

The Railroad Commission of Texas (Commission) adopts without changes the review of §20.5, relating to historically underutilized businesses, in accordance with Tex. Gov't Code §2001.039 ( as added by Acts 1999, 76th Leg., ch. 1499, §1.11(a) ), as amended in a concurrent rulemaking. The proposed rule review and amendments were published in the April 27, 2001, issue of the Texas Register . The reason for readopting the rule with the amendments continues to exist.

The Commission received no comments on the proposed amendments or the rule review.

TRD-200103184

Mary Ross McDonald

Deputy General Counsel, Office of General Counsel

Railroad Commission of Texas

Filed: June 6, 2001