TITLE rule-review

Proposed Rule Review

Railroad Commission of Texas

Title 16, Part 1

The Railroad Commission of Texas ("Commission") files this notice of intention to review §3.8, relating to Water Protection. As part of this review process but in a separate proposal, the Commission has proposed the repeal of §3.8 in order to propose new rules in Texas Administrative Code, Title 16, Chapter 4, Subchapter B, that are intended to strengthen requirements for prevention of pollution of surface and subsurface waters; conform the wording of the rules to reflect current Commission practice; incorporate into the rules the separate Commission publication entitled "Questions and Answers to Rule 8," which was developed after §3.8 was substantially amended in 1984; and respond, in part, to recommendations that arose out of a review of Commission regulatory practices conducted by a stakeholder team selected by the Interstate Oil and Gas Compact Commission (IOGCC). The repeal of §3.8 and the new rules in Chapter 4 are being proposed simultaneously with this proposed review of §3.8. The Commission's reasons for adopting rules relating to the protection of groundwater continue to exist.

Comments on the proposed review may be submitted to Steve Seni, Assistant Director of Environmental Services, Oil and Gas Division, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas, 78711-2967, or by electronic mail to Steven.Seni@rrc.state.tx.us. Comments must be submitted by 5:00 p.m. on the sixtieth day after publication in the Texas Register . For more information, call Dr. Seni at 512-463-3269.

Issued in Austin, Texas, on April 22, 2002.

TRD-200202736

Mary Ross McDonald

Deputy General Counsel

Railroad Commission of Texas

Filed: May 2, 2002


Adopted Rule Reviews

Texas Department of Banking

Title 7, Part 2

The Finance Commission of Texas (commission), on behalf of the Texas Department of Banking (department), has completed the review of Texas Administrative Code, Title 7, Chapter 17 (Trust Company Regulation), comprised of §§17.1 - 17.4 (General Provisions) and §§17.21 - 17.23 (Examinations and Call Reports.)

Notice of the review of these rules was published in the March 15, 2002, issue of the Texas Register (27 TexReg 2083). The department received no comments in response to the notice.

The department believes that the reason for initially adopting §17.1, concerning Ratable Increases in Required Capital, no longer exists. Section 17.1 was adopted for the specific purpose of providing a timetable for a trust company to comply with certain minimum restricted capital requirements by September 1, 2000. All Texas trust companies have achieved and now maintain at least the minimum required level of restricted capital and, consequently, the reason for the rule no longer exists. The department is proposing to repeal §17.1 at the same time as this rule review adoption.

The department further believes that, with the exception of §17.1, the reasons for initially adopting the remaining rules in Chapter 17, specifically §§17.2 - 17.4 and §§17.21 - 17.23, continue to exist. The department recognizes that certain parts of these rules require minor amendments to conform statutory references to the 1999 codification of the Finance Code and is proposing conforming changes at the same time as this rule review adoption.

Subject to the proposed repeal of §17.1 and the proposed amendments to conform statutory references, published in this issue of the Texas Register , the commission finds that the reasons for initially adopting these rules continue to exist and readopts these rules without change in accordance with the requirements of Government Code, §2001.039.

TRD-200202725

Everette D. Jobe

Certifying Official

Texas Department of Banking

Filed: May 1, 2002


The Finance Commission of Texas (commission), on behalf of the Texas Department of Banking (department), has completed the review of Texas Administrative Code, Title 7, Chapter 19 (Trust Company Loans and Investments), comprised of §§19.1 (Loans), 19.21, 19.22 (Investments), and 19.51 (Real Estate.)

Notice of the review of Chapter 19 was published in the March 15, 2002, issue of the Texas Register (27 TexReg 2083). No comments were received in response to the notice.

The department believes that the reasons for initially adopting these rules continue to exist. However, the department recognizes that the rules require minor amendments to conform statutory references to the 1999 codification of the Finance Code and is proposing conforming changes at the same time as this rule review adoption.

Subject to the proposed amendments to conform statutory references, published in this issue of the Texas Register , the commission finds that the reasons for initially adopting these rules continue to exist and readopts these rules without change in accordance with the requirements of Government Code, §2001.039.

TRD-200202827

Everette D. Jobe

Certifying Official

Texas Department of Banking

Filed: May 7, 2002


The Finance Commission of Texas (commission), on behalf of the Texas Department of Banking (department), has completed the review of a portion of Texas Administrative Code, Title 7, Chapter 25 (Prepaid Funeral Contracts), specifically §§25.17 - 25.41, concerning Regulation of Licenses, and §§25.51 - 25.59, concerning Investment of Trust Funds.

Sections 25.17 - 25.41 and §§25.51- 59 are the remaining sections of Chapter 25 that have not already been readopted. Notice of the review of these sections was published in the March 15, 2002 issue of the Texas Register (27 TexReg 2083). The Department received no comments in response to the notice.

The department believes that the reasons for initially adopting these rules continue to exist, except the department concludes that certain clarifying and updating amendments should be made to §§25.19 - 25.23. The department is proposing these amendments at the same time as this rule review adoption.

Subject to the proposed rule amendments to §§25.19 - 25.23, published in this issue of the Texas Register , the commission finds that the reasons for initially adopting these rules continue to exist and readopts these sections without change in accordance with the requirements of Government Code, §2001.039.

TRD-200202777

Everette D. Jobe

Certifying Official

Texas Department of Banking

Filed: May 6, 2002


Texas Commission for the Blind

Title 40, Part 4

The Texas Commission for the Blind has completed its review of all rules in Chapter 172 of the Texas Administrative Code in accordance with the Appropriations Act, Article IX, §9-10.13, passed by the 76th Texas Legislature (1999) and has determined that the original reasons for the adoptions of these rules continue to exist.

The Board received no public comments in response to its notice of the rule review filed in the March 22, 2002, issue of the Texas Register (26 TexReg 6121). The Commission readopted all rules within the chapter without changes.

TRD-200202836

Terrell I. Murphy

Executive Director

Texas Commission for the Blind

Filed: May 7, 2002