Title 25, Part 1

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part 1, Chapter 128. Permits for Contact Lens Dispensers.§§128.1 - 128.10.

This review is in accordance with the requirements of the Texas Government Code, §2001.039.

An assessment will be made by the department as to whether the reasons for adopting or readopting these rules continue to exist. This assessment will be continued during the rule review process. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the department.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Linda Wiegman, Office of General Counsel, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed changes to these rules as a result of the review will be published in the Proposed Rule 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.

TRD-200204007

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 26, 2002

Title 22, Part 21

The Texas State Board of Examiners of Psychologists proposes to review Rules 465.1 - 465.10 (Rules of Practice), in accordance with the Appropriations Act, Section 167. As part of this review process, the Board proposes to amend the existing §465.1 (Definitions), and 465.9 (Competence) in accordance with the Appropriations Act, Section 167. The proposed amendments may be found in the Proposed Rules section of the Texas Register . The Board is not proposing any changes to existing Rules §465.2 through §465.8 and §465.10.

The Texas State Board of Examiners of Psychologists proposes to review Chapter 473. Fees, §§473.1-473.8, in accordance with the Appropriations Act, Section 167. The Board is not proposing any changes to existing Rules §473.1 through §473.8.

Comments on the proposals may be submitted to Kourtney D. McDonald, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Tower II, Suite 2-450, Austin, Texas 78701.

TRD-200203862

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Filed: June 19, 2002

Title 28, Part 2

The Texas Workers' Compensation Commission files this notice of intention to review the rules contained in Chapter 49, concerning Procedures For Formal Hearings By The Board, Chapter 55, concerning Lump Sum Payments, Chapter 56, concerning Structured Compromise Settlement Agreements, Chapter 57, concerning Request For Case Folders And Certifications Of Actions Of The Board, and Chapter 59, concerning Notices Of Intention To Appeal, This review is pursuant to the General Appropriations Act, Article IX, §167, 75th Legislature, the General Appropriations Act, Section 9-10, 76th Legislature, and Texas Government Code §2001.039 as added by SB-178, 76th Legislature.

The agency's reason for adopting the rules contained in these chapters continues to exist and it proposes to readopt Chapters 49, 55, 56, 57, and 59.

Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on August 5, 2002, and submitted to Nell Cheslock, Office of the General Counsel, Mailstop #4-D, Texas Workers' Compensation Commission, Southfield Building, 4000 South IH-35, Austin, Texas 78704-7491.

Chapter 49. Procedures For Formal Hearings By The Board

§49.5. Schedule of Hearings

§49.10 Timely Acceptance of Evidence

§49.15 Formal Statement of Position

§49.20 Request for Cancellation

§49.25 Delay or Postponement of Hearing

§49.30 Filing of Medical Bills

§49.35 Filing of Medical Reports and Records

§49.40 Carrier Attendance

§49.45 Contents of Formal Statement of Position

§49.50 Sanctions

§49.105 Procedures

§49.110 Commencement of Hearings

§49.115 Notice

§49.120 Special Statutory Notice

§49.125 Notice of Special Formal Hearing

§49.130 Personal Appearance Hearings in Austin

§49.131 Withdrawal of Attorney

§49.135 Use of Court Reporters

§49.140 Continuance

§49.145 Recess

§49.150 Complaint Specifications

§49.155 Documentary Evidence

§49.160 Filing of Formal Statement of Position

§49.165 Subpoenas and Subpoenas Duces Tecum

Chapter 55. Lump Sum Payments

§55.3 Request for Advance Payment of Compensation

§55.5 Lump Sum Payments

§55.10 Settlements Final When Approved

§55.15 Compromise Settlement Agreements

§55.20 Execution of Compromise Settlement Agreement

§55.25 Loss of an Eye

§55.30 Hearing Impairment

§55.35 Stipulation of Medical Payments

§55.40 Attorney's Signature

§55.45 Percent of Medical Impairment

§55.50 Attorneys Fees and Expenses

§55.55 Compromise Settlement Agreement To Set Aside Award

§55.60 Consent Withdrawn

§55.65 Withdrawal of Consent by Death

§55.75 Tender Payment Time Period

§55.80 Waiving of Approval Appearance

Chapter 56. -- Structured Compromise Settlement Agreements

§56.5 Definitions

§56.10 Form

§56.15 Execution

§56.20 Personal Appearance by Claimant

§56.25 Medical Benefits

§56.30 Consent of Parties--Withdrawal

§56.35 Attorney's Signature

§56.40 Attorney's Fees and Expenses

§56.45 Tender Payment Time Period

§56.50 Final When Approved

§56.55 Annuity Company

§56.60 Payments Guaranteed

§56.65 Cost of the Annuity

§56.70 Structured Settlement Agreement To Set Aside Award Chapter 57. Request For Case Folders And Certifications Of Actions Of The Board

§57.5 Request for Copies or Statistical Information

§57.10 Written Request for Public Information

§57.15 Telephone Request for Public Information

Chapter 59. Notices Of Intention To Appeal

§59.5 Filing of Notice

§59.10 Receipt of Notice

TRD-200203996

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: June 26, 2002

The Texas Workers' Compensation Commission files this notice of intention to review the rules contained in Chapter 114, concerning Self-Insurance, Chapter 120, concerning Compensation Procedure - Employers, Chapter 126, concerning Benefits -- General Provisions Applicable To All Benefits, Chapter 128, concerning Benefits -- Calculation Of Average Weekly Wage, Chapter 140, Dispute Resolution -- General Provisions, and Chapter 144, concerning Dispute Resolution -- Arbitration. This review is pursuant to the General Appropriations Act, Article IX, §167, 75th Legislature, the General Appropriations Act, Section 9-10, 76th Legislature, and Texas Government Code §2001.039 as added by SB-178, 76th Legislature.

The agency's reason for adopting the rules contained in these chapters continues to exist and it proposes to readopt Chapters 114, 120, 126, 128, 140 and 144.

Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on August 5, 2002, and submitted to Nell Cheslock, Office of the General Counsel, Mailstop #4-D, Texas Workers' Compensation Commission, Southfield Building, 4000 South IH-35, Austin, Texas 78704-7491.

Chapter 114. Self-Insurance.

§114.1 Purpose

§114.2 Definitions

§114.3 Initial Application Form and Financial Information Requirements

§114.4 Security Requirements

§114.5 Excess Insurance Requirements

§114.6 Safety Program Requirements

§114.7 Certification Process

§114.8 Refusal to Certify an Employer

§114.9 Required Initial Safety Program Inspection

§114.10 Claims Contractor Requirements

§114.11 Audit and Inspection Program

§114.12 Required Annual Reports

§114.13 Required Notices to the Director

§114.14 Impaired Employer

§114.15 Revocation of Certificate of Authority to Self-Insure

Chapter 120. Compensation Procedure - Employers

§120.1 Employer's Record of Injuries

§120.2 Employer's First Report of Injury

§120.3 Employer's Supplemental Report of Injury

Chapter 126. Benefits -- General Provisions Applicable To All Benefits,

§126.1 Definitions Applicable to All Benefits

§126.2 Payment of Benefits to Minors

§126.3 Payment of Benefits to Legally Incompetent Persons

§126.4 Advance of Benefits Based on Financial Hardship

§126.5 Entitlement and Procedure for Requesting Required Medical Examinations

§126.6 Order for Required Medical Examination

§126.7 Suspension of Temporary Income Benefits Based On the Opinion of a Carrier-Selected Required Medical Examination Doctor

§126.8 Commission Approved Doctor List

§126.9 Choice of Treating Doctor and Liability for Payment

§126.11 Extension of the Date of Maximum Medical Improvement for Spinal Surgery

§126.12 Payment of Interest on Accrued but Unpaid Income Benefits

§126.13 Employer Initiation of Benefits and Reimbursement

Chapter 128 Benefits. Benefits - Calculation of Average Weekly Wage

§128.1 Average Weekly Wage: General Provisions

§128.2 Carrier's Presumption of Employee's Average Weekly Wage

§128.3 Average Weekly Wage Calculation for Full-Time Employees, and for Temporary Income Benefits for All Employees

§128.4 Average Weekly Wage Calculation for Part-Time Employees

§128.5 Average Weekly Wage Calculation for Seasonal Employees

§128.6 Average Weekly Wage Adjustment for Certain Employees Who Are Also Minors, Apprentices, Trainees, or Students

§128.7 Average Weekly Wage for School District Employees

Chapter 140. Dispute Resolution -- General Provisions

§140.1 Definitions

§140.2 Special Accommodations

§140.3 Expedited Proceedings

§140.4 Conduct and Decorum

§140.5 Correction of Clerical Error

Chapter 144. Dispute Resolution -- Arbitration

§144.1 Authority and Duties of Arbitrators

§144.2 Ex Parte Communications

§144.3 Delivery of Copies of Documents

§144.4 Election to Engage in Arbitration

§144.5 Statement of Disputes

§144.6 Assignment of Arbitrator

§144.7 Setting the Arbitration Proceeding

§144.8 Expediting Procedures

§144.9 Exchange of Evidence and Proposed Resolution

§144.10 Stipulations, Agreements, and Settlements

§144.11 Continuance

§144.12 Failure to Attend Arbitration

§144.13 Rights of Parties

§144.14 Usual Order of Proceedings

§144.15 Award of the Arbitrator

§144.16 Requesting a Copy of the Record

TRD-200203997

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: June 26, 2002

Title 22, Part 21

The Texas State Board of Examiners of Psychologists adopts its review of Chapter 470. Administrative Procedure §§470.1-470.24, in accordance with the Appropriations Act, Section 167. As part of this review process, the Board adopts new Board rules 470.7 (Computation of Time), 470.11 (Service in Non-Rulemaking Proceedings), and 470.18 (The Record) in accordance with the Appropriations Act, Section 167. The adopted new rules may be found in the Adopted Rules section of the Texas Register . In addition, the Board adopts the amendment to existing §470.8 (Informal Disposition of Complaints) and 470.21 (Disciplinary Guidelines) in accordance with the Appropriations Act, Section 167. The adopted amendments may be found in the Adopted Rules section of the Texas Register . The Board is not adopting any changes to existing Board rules §470.1 through §470.6, §470.10 through §470.19, and §470.24.

The Texas State Board of Examiners of Psychologists adopts its review Chapter 471. Renewals, §§471.1-471.6, in accordance with the Appropriations Act, Section 167. The Board is not adopting any changes to existing Board rules §471.1 through §471.6.

TRD-200203861

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Filed: June 19, 2002

Title 22, Part 23

Chapter 531: Canons of Professional Ethics and Conduct for Real Estate Licensees (canons of ethics, consumer information form, discriminatory practices)

Chapter 533: Practice and Procedure (rulemaking, hearings and appeals)

Chapter 534: General Administration (public records and dishonored checks)

Chapter 537: Professional Agreements and Standard Contracts (use of standard contract forms)

The Texas Real Estate Commission adopts the review of Chapters 531, 533, 534, and 537 in accordance with the Texas Government Code, §2001.039, and the General Appropriations Act of 1999, Article IX, Section 167. In conjunction with this review, the agency amended §533.38. The adopted amendment was published in the June 21, 2002 issue of the Texas Register (27TexReg 5519). The agency has determined that with this change, the reasons for adopting the sections in Chapters 531, 533, 534, and 537 continue to exist.

TRD-200203924

Loretta DeHay

General Counsel

Texas Real Estate Commission

Filed: June 21, 2002

Title 31, Part 10

Chapter 368. Flood Mitigation Assistance Program

Pursuant to the notice of proposed rule review published in the May 3, 2002 issue of the Texas Register , (27 TexReg 3790), the Texas Water Development Board (board) has reviewed and considered for readoption, revision or repeal 31 TAC, Part 10, Chapter 368, Flood Mitigation Assistance Program, in accordance with the Texas Government Code, §2001.039.

The board considered, among other things, whether the reasons for adoption of these rules continues to exist. No comments were received on the proposed rule review.

As a result of the review, the board determined that the rules are still necessary and readopts the sections because they govern the board's responsibilities for administering the program. As a result of the review, the board concurrently adopts amendments to §§368.1, 368.2, and 368.9. This completes our review of Chapter 368.

TRD-200203869

Suzanne Schwartz

General Counsel

Texas Water Development Board

Filed: June 20, 2002