TITLE rule-review

Agency Rule Review Plan

Public Utility Commission of Texas

Title 16, Part 2

TRD-200305076

Filed: August 12, 2003


Proposed Rule Review

Texas Workers' Compensation Commission

Title 28, Part 2

The Texas Workers' Compensation Commission files this notice of intention to review the rules contained in Chapter 103 concerning Agency Administration. 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 following rules contained in this chapter continues to exist and it proposes to readopt these rules:

§103.1 General Provisions

§103.2 Employee Training and Education Program

§103.3 No Effect on At-Will Status

§103.100 Historically Underutilized Businesses

§103.101 Vendor Protest Procedures

§103.300 Purpose

§103.301 Applicability

§103.302 Definitions

§103.303 Prerequisites to Suit

§103.304 Sovereign Immunity

§103.305 Notice of Claim of Breach of Contract

§103.306 Agency Counterclaim

§103.307 Duty to Negotiate

§103.308 Timetable

§103.309 Conduct of Negotiation

§103.310 Settlement Approval Procedures

§103.311 Settlement Agreement

§103.312 Costs of Negotiation

§103.313 Request for Contested Case Hearing

§103.314 Mediation Timetable

§103.315 Mediation of Contract Disputes

§103.316 Qualifications and Immunity of the Mediator

§103.317 Confidentiality of Mediation and Final Settlement Agreement

§103.318 Costs of Mediation

§103.319 Settlement Approval Procedures

§103.320 Initial Settlement Agreement

§103.321 Final Settlement Agreement

§103.322 Referral to the State Office of Administrative Hearings

§103.400 Fleet Vehicle Management Program

Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on September 22, 2003, and submitted to Linda Velasquez, Legal Services, MS 4-D, Texas Workers' Compensation Commission, Southfield Building, 4000 S. I.H. 35, Austin, TX 78704

TRD-200305093

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: August 12, 2003


Adopted Rule Reviews

Boards for Lease of State-Owned Land

Title 31, Part 5

The Boards for Lease of State-Owned Land adopts the review of the rules found in 31 TAC, Part 5, Chapter 201 relating to Operations of the Texas Parks and Wildlife Department and Texas Department of Criminal Justice Board for Lease pursuant to Texas Government Code §2001.039.

The Boards for Lease of State-Owned Land finds that the reasons for the original adoption of each rule in Chapter 201 continues to exist and therefore the rules are valid and applicable. These rules are necessary to the proper administration of their authorizing statutes. As a result of the rule review, the GLO may propose an amendment to §201.4 relating to Deposits. Any proposed amendments will be published in the Texas Register and open to public comments for 30-days.

No comments in response to the Notice of Rule Review published in the February 7, 2003, edition of the Texas Register (28 TexReg 1234).

TRD-200304789

Larry L. Laine

Chief Clerk/Deputy Land Commissioner

Boards for Lease of State-Owned Land

Filed: August 6, 2003


General Land Office

Title 31, Part 1

The General Land Office (GLO) adopts the review of the rules found in 31 TAC, Part 1, Chapter 1 relating to Executive Administration pursuant to Texas Government Code §2001.039.

The GLO finds that the reasons for the original adoption of each rule in Chapter 1 continues to exist and therefore the rules are valid and applicable. These rules are necessary to the proper administration of their authorizing statutes.

The GLO received no comments in response to the Notice of Rule Review published in the February 7, 2003, edition of the Texas Register (28 TexReg 1233).

The General Land Office (GLO) adopts the review of the rules found in 31 TAC, Part 1, Chapter 9 relating to Exploration pursuant to Texas Government Code §2001.039.

The GLO finds that the reasons for the original adoption of each rule in Chapter 9 continues to exist and therefore the rules are valid and applicable. These rules are necessary to the proper administration of their authorizing statutes. As a result of the rule review, the GLO may propose amendments to §9.51 related to Royalty and Reporting Obligations to the State and §9.93 relating to Assignment. Any proposed amendments will be published in the Texas Register and open to public comments for 30-days.

The GLO received no comments in response to the Notice of Rule Review published in the February 7, 2003, edition of the Texas Register (28 TexReg 1233).

The General Land Office (GLO) adopts the review of the rules found in 31 TAC, Part 1, Chapter 10 relating to Exploration and Development of State Minerals Other Than Oil and Gas pursuant to Texas Government Code §2001.039.

The GLO finds that the reasons for the original adoption of each rule in Chapter 10 continues to exist and therefore the rules are valid and applicable. These rules are necessary to the proper administration of their authorizing statutes. As a result of the rule review, the GLO may propose amendments to §10.1 relating to Definitions; Exploration and Development Guide, §10.2 relating to Prospect Permits on State Land, §10.3 relating to Mining Leases on Properties Subject to Prospect, §10.5 relating to Mining Leases on Relinquishment Act Lands, §10.6 relating to Sulphur Unit Agreements, §10.8 relating to Assignments, Releases, Reports, Royalty Payments, Inspections, Forfeitures, and Reinstatements, and §10.9 relating to Mineral Awards and Patents. Any proposed amendments will be published in the Texas Register and open to public comments for 30-days.

The GLO received no comments in response to the Notice of Rule Review published in the February 7, 2003, edition of the Texas Register (28 TexReg 1233).

The General Land Office (GLO) adopts the review of the rules found in 31 TAC, Part 1, Chapter 14 relating to the Relationship Between Agency and Private Organizations pursuant to Texas Government Code §2001.039.

The GLO finds that the reasons for the original adoption of each rule in Chapter 14 does not continue to exist and therefore the rules are not valid. As a result of the rule review, the GLO is planning to propose the repeal of Chapter 14. Chapter 14 was originally adopted under the authority of Tex. Rev. Civ. State. Art. 6252-11f which required all state agencies authorized to accept money from private donors or for which a private organization exists to further the purposes and duties of an agency to adopt rules governing the relationship between the agency and such donors or organizations. This statute was repealed by the 73rd Legislature in 1993 (Ch. 268, §46(f), eff. Sept. 1, 1993) and there is no other law that would require the GLO to maintain Chapter 14. Any proposed repeal of this chapter will be published in the Texas Register and open to public comment for 30-days.

The GLO received no comments in response to the Notice of Rule Review published in the February 7, 2003, edition of the Texas Register (28 TexReg 1233).

The General Land Office (GLO) adopts the review of the rules found in 31 TAC, Part 1, Chapter 19 relating to Oil Spill Prevention and Response pursuant to Texas Government Code §2001.039.

The GLO finds that the reasons for the original adoption of each rule in Chapter 19 continues to exist and therefore the rules are valid and applicable. These rules are necessary to the proper administration of their authorizing statutes. The GLO recently proposed amendments to §19.2 related to Definitions, §19.12 relating to Facility Certification Requirements, §19.33 relating to Response, and §19.63 relating to Entry into Port as a result of recent amendments to the Oil Spill Prevention and Response Action of 1991, Chapter 40, Texas Natural Resources Code, which will become effective September 1, 2003, and were published in the July 25, 2003, edition of the Texas Register (28 TexReg 5801) and open to public comments for 30 days. The proposed amendments to Chapter 19 were necessary to make them conform to the statutory amendments.

The GLO received no comments in response to the Notice of Rule Review published in the February 7, 2003, edition of the Texas Register (28 TexReg 1233).

TRD-200304790

Larry L. Laine

Chief Clerk/Deputy Land Commissioner

General Land Office

Filed: August 6, 2003


Texas Department of Human Services

Title 40, Part 1

The Texas Department of Human Services (DHS) has completed its review of the rules in Chapter 42 (Medicaid Waiver Program for People Who Are Deaf-Blind with Multiple Disabilities). The notice of intention to review Chapter 42 was published in the May 9, 2003, issue of the Texas Register (28 TexReg 3850). DHS received no comments concerning the review.

During its review, DHS determined that the reasons for adopting Chapter 42 continue to exist. The rules are therefore re-adopted in accordance with the requirements of the Government Code, §2001.039.

This concludes DHS's review of 40 TAC, Chapter 42, as required by the Government Code, §2001.039.

TRD-200304915

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: August 8, 2003


Railroad Commission of Texas

Title 16, Part 1

The Railroad Commission of Texas ("Commission") files this notice of completion of the review of §§3.6, 3.12, 3.13, 3.16, 3.23, 3.27, 3.30, 3.31, 3.34, 3.41, 3.54, 3.55, 3.62, 3.65, 3.66, 3.67, 3.69, 3.72, 3.75, 3.77, 3.80, 3.93, 3.99, 3.100, and 3.102, relating to Application for Multiple Completion; Directional Survey Company Report; Casing, Cementing, Drilling, and Completion Requirements; Log and Completion or Plugging Report; Vacuum Pumps; Gas To Be Measured and Surface Commingling of Gas; Memorandum of Understanding between the Railroad Commission of Texas (RRC) and the Texas Natural Resource Conservation Commission (TNRCC); Gas Reservoirs and Gas Well Allowable; Gas To Be Produced and Purchased Ratably; Application for New Oil or Gas Field Designation and/or Allowable; Gas Reports Required; Reports on Gas Wells Commingling Liquid Hydrocarbons before Metering; Cycling Plant Control and Reports; Pipeline Permits Required; Pipeline Tariffs; Obtaining Pipeline Connections; Definitions; Manifest To Accompany Each Transport of Liquid Hydrocarbons by Vehicle; Discharges to Waters of the State; Brine Mining Injection Wells; Commission Forms, Applications and Filing Requirements; Water Quality Certification Definitions; Cathodic Protection Wells; Seismic Holes and Core Holes; and Tax Reduction for Incremental Production. Notice of the proposed review was published in the June 27, 2003, issue of the Texas Register (28 TexReg 4936).

As part of the review process but in a separate document, the Commission has adopted some amendments, repeals, and new sections for some of the rules being reviewed. That adoption was filed simultaneously with this completed review.

The Commission received no comments on the proposed review of these rules, nor any comments on the proposed amendments, repeals, and new sections that were proposed simultaneously with the review. Therefore, the Commission readopts these rules with any applicable amendments, repeals, and new sections, also adopted in a separate but concurrent rulemaking.

Issued in Austin, Texas, on August 5, 2003.

TRD-200304796

Mary Ross McDonald

Deputy General Counsel

Railroad Commission of Texas

Filed: August 7, 2003


The Railroad Commission of Texas (Commission) files this notice of completion of the review and readoption of §§9.2, 9.9, and 9.51 - 9.54, relating to Definitions; Requirements for Certificate Renewal; General Requirements for Training and Continuing Education; Training and Continuing Education Courses; Continuing Education Credit for Previous Courses; and Commission- Approved Outside Instructors. As part of this review process but in a separate document, the Commission has adopted some amendments to these sections, the main purpose of which is to update the training and continuing education courses offered by the Commission. The Commission's reasons for adopting these rules, as amended, continues to exist. Notice of the proposed review was published in the June 27, 2003, issue of the Texas Register (28 TexReg 4936).

The Commission received no comments on the proposed review and received one comment on the proposed amendments; that comment is discussed in the preamble for the adoption of those amendments.

Issued in Austin, Texas, on August 5, 2003.

TRD-200304797

Mary Ross McDonald

Deputy General Counsel

Railroad Commission of Texas

Filed: August 7, 2003


School Land Board

Title 31, Part 4

The School Land Board (SLB) adopts the review of the rules found in 31 TAC, Part 4, Chapter 151 relating to Operations of the School Land Board pursuant to the Texas Government Code §2001.039.

The SLB finds that the reasons for the original adoption of each rule in Chapter 151 continues to exist and therefore the rules are valid and applicable. These rules are necessary to the proper administration of their authorizing statutes.

The SLB received no comments in response to the Notice of Rule Review published in the February 7, 2003, edition of the Texas Register (28 TexReg 1235).

TRD-200304791

Larry L. Laine

Chief Clerk/Deputy Land Commissioner

School Land Board

Filed: August 6, 2003