Agency Rule Review Plan
Public Utility Commission of Texas
Title 16, Part 2
TRD-200305076
Filed: August 12, 2003
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
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
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
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
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
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
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
Proposed Rule Review
Adopted Rule Reviews
General Land Office
Texas Department of Human Services
Railroad Commission of Texas
School Land Board