The Texas Department of Mental Health and Mental Retardation (department) will review Texas Administrative Code Title 25, Part 2, Chapter 405, Subchapter J, concerning surrogate decision-making for community-based ICF/MR and ICF/MR/RC facilities, in accordance with the requirements of the Texas Government Code, §2001.039.

The department believes that the reasons for initially adopting the subchapter continue to exist. An extensive review of the subchapter will be undertaken during State Fiscal Year 2002. The department will propose new sections at that time if the department determines that revisions are necessary.

Interested persons are invited to submit written comments concerning the review of this subchapter to Linda Logan, Director, Policy Development, Texas Department of Mental Health and Mental Retardation, by mail to P.O. Box 12668, Austin, Texas 78711, or by fax to (512) 206-4750, within 30 days of publication of this notice.

TRD-200101515

Andrew Hardin

Chair, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: March 14, 2001

The Texas Department of Mental Health and Mental Retardation (department) will review Texas Administrative Code, Title 25, Part 2, Chapter 409, Subchapter B, concerning adverse actions, and Subchapter C, concerning fraud and abuse and recovery of benefits, in accordance with the requirements of the Texas Government Code, §2001.039.

The department believes that the reasons for initially adopting the two subchapters continue to exist. An extensive review of the two subchapters will be undertaken during State Fiscal Year 2002. The department will propose new sections at that time if the department determines that revisions are necessary.

Interested persons are invited to submit written comments concerning the review of these subchapters to Linda Logan, Director, Policy Development, Texas Department of Mental Health and Mental Retardation, by mail to P.O. Box 12668, Austin, Texas 78711, or by fax to (512) 206-4750, within 30 days of publication of this notice.

TRD-200101518

Andrew Hardin

Chair, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: March 14, 2001

Title 30, Part 1

The Texas Natural Resource Conservation Commission (commission) files this notice of intention to review and proposes the readoption of Chapter 332, Composting. This review of Chapter 332 is proposed in accordance with the requirements of 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.

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.

PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission conducted a preliminary review and 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

This proposal is limited to the review in accordance with the requirements of Texas Government Code, §2001.039, and the General Appropriations Act, Article IX, §9 - 10.13, 76th Legislature, 1999. The commission invites public comment on whether the reasons for the rules in Chapter 332 continue to exist. Comments may be submitted to Patricia Durón, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239- 4808. All comments should reference Rule Log Number 2000-006-332-WS. Comments must be received in writing by 5:00 p.m., April 11, 2001. For further information or questions concerning this proposal, please contact Debi Dyer, Policy and Regulations Division, at (512) 239-3972.

TRD-200101452

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: March 12, 2001

The Texas Natural Resource Conservation Commission (commission) files this notice of intention to review and proposes the concurrent repeal of Chapter 343, Oil and Hazardous Substances, which is published in the Proposed Rules section of this issue of the Texas Register . The review of Chapter 343 is proposed in accordance with the requirements of 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. A review must include an assessment of whether the reasons for the rules continue to exist.

CHAPTER SUMMARY

Chapter 343 was adopted by the Texas Department of Water Resources (predecessor agency of the commission) with an effective date of February 17, 1978, to implement the Texas Oil and Hazardous Substances Spill Prevention and Control Act of 1977, codified as Texas Water Code, Chapter 26, Subchapter G. Chapter 343 provides procedures for immediate and necessary control, containment, removal, and disposal of oil or hazardous substances spills or discharges occurring within coastal lands or waters in the state. In 1983, the 68th Legislature amended the provisions of the Texas Oil and Hazardous Substances Spill Prevention and Control Act of 1977 and redesignated the act as the Texas Hazardous Substances Spill Prevention and Control Act. No changes were made to Chapter 343 as a result of the amendments.

Chapter 327, Spill Prevention and Control, was adopted by the commission on April 24, 1996, to implement applicable provisions of the Texas Hazardous Substances Spill Prevention and Control Act. At the time of its adoption, Chapter 327 incorporated the rules in Chapter 343 and updated them to conform with the Texas Hazardous Substances Spill Prevention and Control Act which superseded the Texas Oil and Hazardous Substances Spill Prevention and Control Act of 1977.

PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission conducted a preliminary review of the rules under Chapter 343 and determined that the 1983 amendment of the Texas Oil and Hazardous Substances Spill Prevention and Control Act of 1977 and its redesignation as the Texas Hazardous Substances Spill Prevention and Control Act made the original 1977 act obsolete. Therefore, the reasons for the rules in Chapter 343 do not continue to exist, and the commission is concurrently proposing the repeal of Chapter 343. The rules in Chapter 327 now implement applicable provisions of the Texas Hazardous Substances Spill Prevention and Control Act and include the rules in Chapter 343, updated to conform with the amended act.

PUBLIC COMMENT

The commission invites public comment on whether reasons for the rules in Chapter 343 continue to exist. Comments may be submitted to Angela Slupe, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should reference Rule Log Number 2001-011-343-WS. Comments must be received by 5:00 p.m., April 23, 2001. For further information or questions concerning this proposal, please contact Hector Mendieta, Policy and Regulations Division, (512) 239-6694.

TRD-200101444

Margaret Hoffman

Director, Environmental Law Division

Texas Natural Resource Conservation Commission

Filed: March 9, 2001

Title 16, Part 1

The Railroad Commission of Texas (Commission) files this notice of intention to review §3.11, relating to inclination and directional surveys. This review and consideration is being conducted in accordance with Tex. Gov't Code §2001.039.

The Commission is concurrently proposing amendments to this rule. As required by Tex. Gov't Code §2001.039, the Commission will accept comments regarding whether the reason for readopting the rule with the proposed amendments continues to exist.

Any questions pertaining to this notice of intention to review or the proposed amendments should be directed to Mark Helmueller, Hearings Examiner, Office of General Counsel, Railroad Commission of Texas, P. O. Box 12967, Austin, Texas 78711-2967 or via electronic mail at mark.helmueller@rrc.state.tx.us. Comments are due no later than 5 p.m. on the 30th day after publication in the Texas Register .

Issued in Austin, Texas, on March 6, 2001.

TRD-200101412

Mary Ross McDonald

Deputy General Counsel, Office of General Counsel

Railroad Commission of Texas

Filed: March 8, 2001