The Texas Health Care Information Council (Council) proposes to review Title 25, Part 16, Chapter 1301, Subchapter H §1301.71, concerning Historically Underutilized Businesses, pursuant to the Government Code, §2001.039.

The Texas Health Care Information Council will consider, among other things, whether the reasons for adoption of these rules continue to exist. This concludes the review of Subchapter D of Chapter 1301.

Comments on the proposed review may be submitted in writing no later than 5:00 p.m. on November 12, 2001 to Dr. Bruce M. Burns, Program Specialist, Texas Health Care Information Council Commodore Two Plaza, 206 East 9th St, Ste 19-140, Austin, Texas 78701

Comments may be submitted electronically to Dr. Burns at Bruce.Burns@thcic.state.tx.us.

TRD-200105820

Jim Loyd

Executive Director

Texas Health Care Information Council

Filed: September 26, 2001

Title 25, Part 2

The Texas Department of Mental Health and Mental Retardation (department) will review Texas Administrative Code, Title 25, Part 2, Chapter 409, Subchapter L, concerning mental retardation local authority (MRLA) program, 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 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-200105683

Andrew Hardin

Chair, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: September 20, 2001

The Texas Department of Mental Health and Mental Retardation (department) will review Texas Administrative Code, Title 25, Part 2, Chapter 412, Subchapter H, concerning standards and quality assurance for mental retardation community services and supports, 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. The department anticipates proposing new rules concerning this subject later in State Fiscal Year 2002 and is publishing this notice of review as a precaution should the new subchapter not be adopted before April 16, 2001.

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-200105682

Andrew Hardin

Chair, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: September 20, 2001

Title 31, Part 2

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

Chapter 58. OYSTERS AND SHRIMP

Subchapter A. Statewide Oyster Fishery Proclamation

NOTE: The contents of this subchapter are scheduled for rule action before the end of the year. A review of the subchapter will occur at the same time.

Subchapter B. Statewide Shrimp Fishery Proclamation

§58.101. Application.

§58.102. Definitions.

§58.103. Shrimp Management Plan.

§58.104. Penalty and Responsibility for Violation.

§58.130. Shrimp License Buyback Program.

§58.150. Sale, Purchase, and Handling of Shrimp--General Rules.

§58.160. Taking or Attempting To Take Shrimp (Shrimping)--General Rules.

§58.161. Shrimping in Outside Waters.

§58.162. Shrimping in Inside Waters--General Rules.

§58.163. Shrimping in Inside Waters--Commercial Bay Shrimping.

§58.164. Shrimping Inside Waters--Commercial Bait Shrimping

§58.165. Non-commercial (Recreational) Shrimping

NOTE: Sections §58.102, 58.160-58.163, and 58.165 are proposed for rule action elsewhere in this issue.

Subchapter C. Statewide Crab Fishery Proclamation

§58.201. Crab License Management Program.

§58.202. Definitions.

§58.203. Licensing.

§58.204. License Expiration.

§58.205. Display of License.

§58.206. Issuance and Renewal of Commercial Crab Fisherman's License.

§58.207. License Transfer.

§58.208. Limit on Number of Licenses Held; Designated License Holder.

§58.209. License Suspension and Revocation.

§58.210. License Buyback Program.

Subchapter D. Finfish Fishery Proclamation

§58.301. Delegation of Authority.

§58.302. Display of License.

§58.303. License Transfer.

§58.304. License Buyback Program.

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 November 8, 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-200105834

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Filed: September 26, 2001

Title 22, Part 19

The Polygraph Examiners Board proposes to review the following sections from Chapter 397, concerning general rules of practice and procedure, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167:

§397.1. Definitions

§397.2. Applicability of Chapter

§397.3. Complaints

§397.4. Notice of Allegations and Opportunity To Respond

§397.5. Complaint Investigations

§397.6. Respondents Denied Licensure

§397.7. Complaint Officers

§397.8. Informal Conference

§397.9. Informal Disposition of Complaints

§397.10. Classification of Parties and Pleadings

§397.11. Appearances Personally or by Representative

§397.12. Conduct and Decorum

§397.13. Agreements To Be in Writing

§397.14. Computation of Time

§397.15. State Office of Administrative Hearings

§397.16. Availability of Administrative Hearing

§397.17. Notice of Administrative Hearing

§397.18. Answer or Response

§397.19. Location of Administrative Hearings

§397.20. Filing of Documents

§397.21. Form and Content of Pleadings

§397.22. Exhibits

§397.23. Amendments

§397.24. Service

§397.25. Texas Rules of Civil Procedure

§397.26. Prefiled Testimony

§397.27. Limitations on the Number of Witnesses in Administrative Proceedings

§397.28. Failure To Attend Hearing; Default Judgment

§397.29. Dismissal Without Hearing

§397.30. Proposals for Decision

§397.31. Form and Content of Briefs, Exceptions, and Replies

§397.32. Final Decisions and Orders

§397.33. Reporters and Transcript

The agency finds that the need for the rules contained in this chapter continues to exist.

Comments on the review of these proposed rules may be submitted to: Frank DiTucci, Executive Officer, Polygraph Examiners Board, P.O. Box 4087, Austin, Texas 78773-0001.

TRD-200105770

Frank DiTucci

Executive Officer

Polygraph Examiners Board

Filed: September 24, 2001

The Polygraph Examiners Board proposes to review the following section from Chapter 401, concerning grievance review of disciplinary action, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167:

§401.1. Grievance Policy.

The agency finds that the need for the rule contained in this chapter continues to exist.

Comments on the review of these proposed rule may be submitted to: Frank DiTucci, Executive Officer, Polygraph Examiners Board, P.O. Box 4087, Austin, Texas 78773-0001.

TRD-200105771

Frank DiTucci

Executive Officer

Polygraph Examiners Board

Filed: September 24, 2001

Title 16, Part 1

The Railroad Commission of Texas (Commission) files this notice of intention to review 16 TAC §3.40, relating to Assignment of Acreage to Pooled Development and Proration Units. This review and consideration is being conducted in accordance with Texas Government Code §2001.039 ( as added by Acts 1999, 76th Leg., ch. 1499, §1.11(a) ).

The Commission is concurrently proposing amendments to §3.40. As required by Texas Government Code §2001.039 ( as added by Acts 1999, 76th Leg., ch. 1499, §1.11(a) ), the Commission will accept comments regarding whether the reasons for readopting the rule with the proposed amendments continue to exist.

Comments on the notice of intention to review or the proposed amendments should be directed to Kellie Martinec, Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, P. O. Box 12967, Austin, Texas 78711-2967 or via electronic mail to kellie.martinec@rrc.state.tx.us and are due no later than 5:00 p.m. on the 30th day after publication in the Texas Register .

Issued in Austin, Texas, on September 20, 2001.

TRD-200105675

Mary Ross McDonald

Deputy General Counsel, Office of General Counsel

Railroad Commission of Texas

Filed: September 20, 2001

Title 22, Part 19

The Polygraph Examiners Board adopts the review of the following sections from Chapter 391, concerning Polygraph Examiner Internship, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167. The proposed review to this chapter was published in the October 27, 2000, issue of the Texas Register (25 TexReg 10614).

Comments were received to amendments made to these sections during the review process and are being published in the adoption section of this issue of the Texas Register .

§391.1. Authority.

§391.2. Procedure and Qualifications.

§391.3. Internship Training Schedule.

§391.4. State Examinations for Polygraph Examiner License.

§391.5. Intern Supervision.

§391.6. Intern Sponsor Reporting.

§391.7. Appearance Before the Board.

§391.8. Applicant With Out-of-State License.

§391.9. Intern Licensure Requirements for Preceptor Trainees.

§391.10. Procedures and Qualifications of Current and Former Governmental Polygraph Examiners.

The agency finds that the need for the rules contained in this chapter continues to exist.

This concludes the review of Chapter 391.

TRD-200105767

Frank DiTucci

Executive Officer

Polygraph Examiners Board

Filed: September 24, 2001

The Polygraph Examiners Board adopts the review of the following sections from Chapter 393, concerning Polygraph Examiner Internship, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167. During the review process of this chapter, the Board voted on two new regulations, §393.10, Suspension of License for Failure to Pay Child Support and §393.11, Licensing of Guaranteed Student Loan Defaulters. The proposed review to this chapter was published in the October 27, 2000, issue of the Texas Register (25 TexReg 10614).

§393.1. Meetings.

§393.3. Board Promulgated Regulations.

§393.4. Official Publication of Official State Board Activities.

§393.5. Acts in Board's Name.

§393.6. Calling Board Meetings.

§393.7. Polygraph Examination.

§393.10. Suspension of License for Failure To Pay Child Support.

§393.11. Licensing of Guaranteed Student Loan Defaulters.

The agency finds that the need for the rules contained in this chapter continues to exist.

This concludes the review of Chapter 393.

TRD-200105768

Frank DiTucci

Executive Officer

Polygraph Examiners Board

Filed: September 24, 2001

The Polygraph Examiners Board adopts the review of the following sections from Chapter 395, concerning Polygraph Examiner Internship, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167. During the review process of this chapter, the Board voted on one new regulation, §395.18, No Interrogation on Political, Racial, or Religious Beliefs. The proposed review to this chapter was published in the October 27, 2000, issue of the Texas Register (25 TexReg 10615).

Comments were received to amendments made to these sections during the review process and are being published in the adoption section of this issue of the Texas Register .

§395.1. Authority.

§395.2. Marking Questions and Answers.

§395.3. No Reproduction of Licenses.

§395.4. Filing.

§395.5. Reports.

§395.6. No Interrogation of Sexual Behavior.

§395.8. Questions Asked Two Separate Times.

§395.9. Unfit for Examination.

§395.10. Examination Results.

§395.11. Response Intervals.

§395.13. Expiration of Licenses.

§395.14. No Texas Address.

§395.16. Unauthorized Examination.

§395.17. Written Authorization To Inspect Polygraph Records.

§395.18. No Interrogation on Political, Racial, or Religious Beliefs.

The agency finds that the need for the rules contained in this chapter continues to exist.

This concludes the review of Chapter 395.

TRD-200105769

Frank DiTucci

Executive Officer

Polygraph Examiners Board

Filed: September 24, 2001