Proposed Rule Reviews
Automobile Theft Prevention Authority
Title 43, Part 3
In accordance with the General Appropriations Act, Article IX, Section
167, 75th Legislature, the Automobile Theft Prevention Authority proposes
to review the entirety of its rules under Title 43 of the Texas Administrative
Code for re-adoption, repeal, or amendment beginning January 1, 2003, through
March 1, 2003. The rules to be reviewed are located at Title 43 of the Texas
Administrative Code, Chapter 57, Automobile Theft Prevention Authority.
Comments pertaining to this notice of intention to review may be directed
to Susan Sampson, Director, Automobile Theft Prevention Authority, 4000 Jackson
Avenue, Austin, Texas 78731, for a period of 30 days following publication
in this issue of the
Texas Register
.
TRD-200208513
Susan Sampson
Director
Automobile Theft Prevention Authority
Filed: December 23, 2002
Title 16, Part 4
The Texas Department of Licensing and Regulation (Department) files this
notice of intent to review and consider for re-adoption, revision, or repeal,
Title 16, Texas Administrative Code, Chapter 68, Architectural Barriers. This
review and consideration is being conducted in accordance with the requirements
of Texas Government Code, §2001.039, added by Acts 1999, 76th Legislature,
ch. 1499, §1.11(a).
An assessment will be made by the Department as to whether the reasons
for adopting or readopting these rules continue to exist. 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reviewed to determine whether it is obsolete, whether the rule reflects current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.
As required by Texas Government Code, §2001.039, any questions or
written comments pertaining to this rule review may be submitted to Chris
Kadas, General Counsel, P. O. Box 12157, Austin, Texas 78711, facsimile-(512)
475-2872, or by e-mail, chris.kadas@license.state.tx.us. The deadline for
comments is thirty days after publication in the
Texas Register
.
Any proposed changes to these rules as a result of the rule review will
be published in the Proposed Rule Section of the
Texas Register
. The proposed rules will be open for public comment
prior to final adoption or repeal by the Department, in accordance with the
requirements of the Administrative Procedure Act, Texas Government Code Annotated,
Chapter 2001.
16 TAC §68.1. Authority
16 TAC §68.10. Definitions
16 TAC §68.20. Buildings and Facilities Subject to compliance with
the Texas Accessibility Standards
16 TAC §68.30. Exemptions
16 TAC §68.31. Variance Procedures
16 TAC §68.50. Submission of Construction Documents
16 TAC §68.51. Review of Construction Documents
16 TAC §68.52. Inspections
16 TAC §68.53. Corrective Modifications Following Inspection
16 TAC §68.54. Notice of Compliance
16 TAC §68.65. Advisory Committee
16 TAC §68.70. Registered Accessibility Specialists--Qualifications
for Certification
16 TAC §68.75. Responsibilities of the Registered Accessibility Specialist
16 TAC §68.76. Standards of Conduct for the Registered Accessibility
Specialist
16 TAC §68.79. Contract Providers
16 TAC §68.80. Fees
16 TAC §68.90. Administrative Sanctions or Penalties
16 TAC §68.93. Complaints, Investigations, and Audits
16 TAC §68.100. Technical Standards and Technical Memoranda
16 TAC §68.101. State Leases (initial or renewed)
TRD-200208399
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: December 18, 2002
The Texas Department of Licensing and Regulation (Department) files this
notice of intent to review and consider for re-adoption, revision, or repeal,
Title 16, Texas Administrative Code, Chapter 70, Industrialized Housing and
Building. This review and consideration is being conducted in accordance with
the requirements of Texas Government Code, §2001.039, added by Acts 1999,
76th Legislature, ch. 1499, §1.11(a).
An assessment will be made by the Department as to whether the reasons
for adopting or readopting these rules continue to exist. 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.
As required by Texas Government Code, §2001.039, any questions or
written comments pertaining to this rule review may be submitted to Chris
Kadas, General Counsel, P. O. Box 12157, Austin, Texas 78711, facsimile-(512)
475-2872, or by e-mail, chris.kadas@license.state.tx.us. The deadline for
comments is thirty days after publication in the
Texas Register
.
Any proposed changes to these rules as a result of the rule review will
be published in the Proposed Rule Section of the
Texas Register
. The proposed rules will be open for public comment
prior to final adoption or repeal by the Department, in accordance with the
requirements of the Administrative Procedure Act, Texas Government Code Annotated,
Chapter 2001.
16 TAC §70.1. Authority
16 TAC §70.10. Definitions
16 TAC §70.20. Registration of Manufacturers and Industrialized Builders
16 TAC §70.21. Registration of Design Review Agencies and Third Party
Inspection Agencies and Inspectors
16 TAC §70.22. Criteria for Approval of Design Review Agencies
16 TAC §70.23. Criteria for Approval of Third Party Inspection Agencies
and Inspectors
16 TAC §70.30. Exemptions
16 TAC §70.40. Insurance/Bonding/Security Requirements
16 TAC §70.50. Manufacturer’s and Builder’s Monthly Reports
16 TAC §70.51. Third Party Inspection Reports
16 TAC §70.60. Responsibilities of the Department--Plant Certification
16 TAC §70.61. Responsibilities of the Department--In-plant Inspection
16 TAC §70.62. Responsibilities of the Local Building Official-Building
Site Inspections
16 TAC §70.63. Council’s Responsibilities--Compliance Disputes
16 TAC §70.64. Responsibilities of the Department--Proprietary Information
Protected
16 TAC §70.65. Responsibilities of the Commissioner--Reciprocity
16 TAC §70.70. Responsibilities of the Registrants--Manufacturer’s
Design Package
16 TAC §70.71. Responsibilities of the Registrants--Manufacturer’s
Data Plate
16 TAC §70.72. Responsibilities of the Registrants--Delivery to other
States
16 TAC §70.73. Responsibilities of the Registrants--Building Site
Inspections
16 TAC §70.74. Responsibilities of the Registrants--Alterations or
Deviations
16 TAC §70.75. Responsibilities of the Registrants--Permit/Owner Information
16 TAC §70.76. Responsibilities of the Registrants--Proprietary Information
Protected
16 TAC §70.77. Responsibilities of the Registrants--Decals and Insignia
16 TAC §70.78. Responsibilities of the Registrants--General
16 TAC §70.80. Commission Fees
16 TAC §70.90. Sanctions--Administrative Sanctions/Penalties
16 TAC §70.91. Sanctions--Revocation, Suspension, or Denial Because
of a Criminal Record.
16 TAC §70.92. Sanctions for Failure to Comply by Design Review Agencies,
Third Party Inspection Agencies, and Third Party Inspectors
16 TAC §70.100. Mandatory State Codes
16 TAC §70.101. Amendments to mandatory State Codes
16 TAC §70.102. Use and Construction of Codes
16 TAC §70.103. Alternate Materials and Methods
16 TAC §70.120. Intent
TRD-200208398
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: December 18, 2002
Title 22, Part 9
The Texas State Board of Medical Examiners proposes to review Chapter 164,
(§§164.1-164.5), concerning Physician Advertising, pursuant to the
Texas Government Code, §2001.039.
The agency's reason for adopting the rules contained in this chapter continues
to exist.
Comments on the proposed review may be submitted to Pat Wood, P.O. Box
2018, MC-901, Austin, Texas, 78768-2018.
TRD-200208459
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Filed: December 20, 2002
The Texas State Board of Medical Examiners proposes to review Chapter 190,
(§190.1), concerning Disciplinary Guidelines, pursuant to the Texas Government
Code, §2001.039.
The agency's reason for adopting the rules contained in this chapter continues
to exist.
Comments on the proposed review may be submitted to Pat Wood, P.O. Box
2018, MC-901, Austin, Texas, 78768-2018.
TRD-200208460
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Filed: December 20, 2002
The Texas State Board of Medical Examiners proposes to review Chapter 191,
(§§191.1-191.5), concerning District Review Committees, pursuant
to the Texas Government Code, §2001.039.
The Texas State Board of Medical Examiners is contemporaneously proposing
amendments to §§191.1, 191.3-191.5 elsewhere in this issue of the
The agency's reason for adopting the rules contained in this chapter continues
to exist.
Comments on the proposed review may be submitted to Pat Wood, P.O. Box
2018, MC-901, Austin, Texas, 78768-2018.
TRD-200208461
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Filed: December 20, 2002
Title 1, Part 4
The Office of the Secretary of State proposes to review Chapters 71, 72-76,
78-81, 83, 87, 91, 93, 95-97, and 101-105, in accordance with the requirements
of the Government Code, §2001.039, which directs state agencies to review
and consider for readoption each of their rules every four years. During this
review the Office will assess whether the reasons for adopting these chapters
continue to exist.
The Office has proposed a revision of Chapter 91, concerning the Texas
Register. The amendments will address new electronic submission forms, and
reorganization of Chapter 91 subject matter to improve readability.
The Office will propose amendment to Chapter 93, concerning Trademarks.
The amendments will address electronic filing procedures and revise the rules
in accordance with current practice.
Comments on the proposed review may be submitted in writing by February
10, 2003. Please address comments to Dan Procter, P.O. Box 13824, Austin,
Texas, 78711-3824 or e-mail comments to dprocter@sos.state.tx.us.
Chapters:
71. General Policies and Procedures
72. State Seal
73. Statutory Documents
74. Credit Services Organizations
75. Automobile Club
76. Use of a Deceased Individual's Name, Voice, Signature, Photograph,
or Likeness
78. Athlete Agents
79. Corporations
80. Unincorporated Business Entities
81. Elections
83. Limited Partnership
87. Notary Public
91. Texas Register
93. Trademarks
95. Uniform Commercial Code
96. Electric Utility Transition Property Notice Filings
97. Business Opportunity
101. Practice and Procedure Before the Office of the Secretary of State
102. Health Spas
103. Membership Camping Resorts
104. Wrestling Promoters
105. Solicitations
TRD-200208423
David N. Roberts
General Counsel
Office of the Secretary of State
Filed: December 19, 2002
Texas Commission on Environmental Quality
Title 30, Part 1
The Texas Commission on Environmental Quality (commission) adopts the rules
review and readopts Chapter 10, Commission Meetings, in accordance with Texas
Government Code, §2001.039, which requires state agencies to review and
consider for readoption each of their rules every four years. The review must
include an assessment of whether the reasons for the rules continue to exist.
The notice of intention to review was published in the August 30, 2002 issue
of the
Texas Register
(27 TexReg 8248).
CHAPTER SUMMARY
Chapter 10 implements certain requirements of Texas Government Code, Chapter
551, relating to Open Meetings; and Texas Water Code (TWC), §5.058, relating
to Officers; Meetings. In order to implement these requirements, Chapter 10
includes general requirements relating to commission meetings and other requirements
relating to conduct and decorum in commission meetings, deadline to file comments
on a matter set for a commission meeting, continuance or remand of a matter
set for a commission meeting, preparation of draft orders, execution of orders
showing action taken at commission meetings, minutes of commission meetings,
an evidentiary hearing held by the commission, and document filing and service.
The rules review readopts the rules without any changes.
ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST
The commission has determined that the reasons for the rules in Chapter
10 continue to exist. These rules are needed to implement Texas Government
Code, Chapter 551 and TWC, §5.058. As a result of the review, an amendment
to §10.7, Commission Meetings, has been proposed by the commission in
Rule Log Number 2002-067-009-AD to revise requirements concerning the minutes
of commission meetings. The proposed revisions would eliminate the requirement
in Chapter 10 for audio recordings of commission meetings to serve as the
minutes. Instead, the meeting minutes would be prepared by the chief clerk's
office, approved by general counsel, and state the subject of each deliberation
and indicate the vote, order, decision, or other action taken. An audio recording
of each commission open meeting would still be required (see 27 TexReg 10893).
PUBLIC COMMENT
The public comment period closed on September 30, 2002. No comments were
received.
TRD-200208413
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: December 19, 2002
The Texas Commission on Environmental Quality (commission) adopts the rules
review and readopts Chapter 20, Rulemaking, in accordance with Texas Government
Code, §2001.039, which requires state agencies to review and consider
for readoption each of their rules every four years. The review must include
an assessment of whether the reasons for the rules continue to exist. The
notice of intention to review was published in the August 23, 2002 issue of
the
Texas Register
(27 TexReg 7997).
CHAPTER SUMMARY
Chapter 20 establishes general requirements for commission rulemaking.
Chapter 20 includes requirements that rulemaking hearings shall be conducted
in a manner most suitable to obtain all relevant information and testimony
as conveniently, inexpensively, and expeditiously as possible without prejudicing
the rights of any person; the commission shall follow the Administrative Procedure
Act (APA) rulemaking requirements; requirements for indexing, cross-indexing,
and availability of certain documents; the executive director shall maintain
a mailing list of persons requesting advance notice of proposed commission
rules; and any person may appear in person or by authorized representative
at a rulemaking hearing. Chapter 20 also includes sections regarding guidelines
for written documents submitted to the executive director; oral presentations;
actions required after a hearing; petitions; emergency rules; and working
groups.
ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST
The commission conducted a review and determined that the reasons for the
rules in Chapter 20 continue to exist. The rules are needed to implement Texas
Water Code (TWC), §5.103 and §5.105, which establish the commission's
general authority to adopt rules and authorizes the commission to adopt rules
necessary to carry out its powers and duties under the TWC. The rules provide
for general rulemaking requirements as well as guidelines for written documents
submitted to the executive director; oral presentations; actions required
after a hearing; petitions; emergency rules; and working groups for commission
rulemakings.
The review revealed the need for clarification of requirements for submission
of documents in §20.9, revisions to the agency name in §20.15, and
the repeal of §20.19. The commission is currently correcting these items
in a separate rulemaking (Rule Log Number 2002-060- 020-AD).
PUBLIC COMMENT
A public hearing was not held for this rules review. The comment period
closed September 23, 2002. No comments on whether the reasons for the rules
continue to exist were received.
TRD-200208412
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: December 19, 2002
Title 1, Part 15
The Health and Human Services Commission (HHSC or Commission) adopts the
review of:
Chapter 353. Medicaid Managed Care
Subchapter E. Standards for the State of Texas Access Reform
(STAR)
Notice of the review of this subchapter was published in the June 28, 2002,
issue of the
Texas Register
(27 TexReg 5803).
The Commission received no comments concerning this subchapter.
In accordance with §2001.039 of the Government Code, which requires
state agencies, every four years, to assess whether the initial reasons for
adopting a rule continue to exist, HHSC has reviewed subchapter E of Chapter
353 and has determined that the original reasons for adopting all rules in
the subchapter continue to exist. However, as a result of the rule review
process, HHSC has determined that certain revisions to the rules are appropriate
and necessary, including revisions to correct statutory references that have
changed as a result of recent agency rule transfers. Proposed new, amended,
and repealed sections of subchapter E, with discussion of the justification
for proposed changes, will be published in subsequent issues of the
This concludes HHSC's review of 1 TAC Chapter 353, subchapter E, as required
by the Government Code, §2001.039.
TRD-200208471
Steve Aragon
Legal Counsel
Texas Health and Human Services Commission
Filed: December 20, 2002
The Health and Human Services Commission (HHSC or Commission) adopts the
review of:
Chapter 354. Medicaid Health Services
Subchapter A. Purchased Health Services
Subchapter C. Case Management for Children Who Are Blind and Visually Impaired
Subchapter F. Pharmacy Services
Subchapter I. Medicaid Program Appeals Procedures
Subchapter J. Medicaid Third Party Recovery
Notice of the review of these rules was published in the June 28, 2002,
issue of the
Texas Register
(27 TexReg 5803).
The Commission received no comments concerning these rules.
In accordance with §2001.039 of the Government Code, which requires
state agencies, every four years, to assess whether the initial reasons for
adopting a rule continue to exist, HHSC has reviewed Chapter 354, subchapters
A, C, F, I, and J. The Commission has determined that the original reasons
for adopting all the rules in subchapters A, C, F, and J continue to exist.
However, as a result of the rule review process, HHSC has determined that
certain revisions to the rules are appropriate and necessary, including revisions
to correct statutory references that have changed as a result of recent agency
rule transfers. Proposed new, amended, and repealed sections in Chapter 354,
subchapters A, C, F, and J, with discussion of the justification for proposed
changes, will be published in subsequent issues of the
Texas Register
. The Commission has determined that the original reasons
for the adoption of the rules in subchapter I no longer exist, and subchapter
I will be repealed in accordance with the Administrative Procedure Act at
a later date.
This concludes HHSC's review of 1 TAC Chapter 354, Subchapters A, C, F,
I, and J, as required by the Government Code, §2001.039.
TRD-200208472
Steve Aragon
Legal Counsel
Texas Health and Human Services Commission
Filed: December 20, 2002
The Health and Human Services Commission (HHSC or Commission) adopts the
review of:
Chapter 357. Medical Fair Hearings.
Notice of the review of this chapter was published in the June 28, 2002,
issue of the
Texas Register
(27 TexReg 5803).
The Commission received no comments concerning this chapter.
In accordance with §2001.039 of the Government Code, which requires
state agencies, every four years, to assess whether the initial reasons for
adopting a rule continue to exist, HHSC has reviewed Chapter 357 and determined
that the original reasons for adopting all rules in the chapter continue to
exist.
However, as a result of the rule review process, HHSC has determined that
certain revisions are appropriate and necessary, including revisions to correct
statutory references that have changed as a result of recent agency rule transfers.
Proposed new, amended, and repealed sections in Chapter 357, with discussion
of the justification for proposed changes, will be published in subsequent
issues of the
Texas Register
.
This concludes HHSC's review of 1 TAC Chapter 357 as required by the Government
Code, §2001.039.
TRD-200208473
Steve Aragon
Legal Counsel
Texas Health and Human Services Commission
Filed: December 20, 2002
The Health and Human Services Commission (HHSC or Commission) adopts the
review of:
Chapter 371. Medicaid Fraud and Abuse Program Integrity.
Notice of the review of this chapter was published in the June 28, 2002,
issue of the
Texas Register
(27 TexReg 5803).
The Commission received no comments concerning this chapter.
In accordance with §2001.039 of the Government Code, which requires
state agencies, every four years, to assess whether the initial reasons for
adopting a rule continue to exist, HHSC has reviewed Chapter 371 and determined
that the original reasons for adopting all rules in the chapter continue to
exist.
However, as a result of the rule review process, HHSC has determined that
certain revisions are appropriate and necessary, including revisions to correct
statutory references that changed as a result of recent agency rule transfers.
Proposed new, amended, and repealed sections in Chapter 371, with discussion
of the justification for proposed changes, will be published in subsequent
issues of the
Texas Register
.
This concludes HHSC's review of 1 TAC Chapter 371 as required by the Government
Code, §2001.039.
TRD-200208474
Steve Aragon
Legal Counsel
Texas Health and Human Services Commission
Filed: December 20, 2002
The Health and Human Services Commission (HHSC or Commission) adopts the
review of:
Chapter 381. Guardianship Services.
Notice of the review of this chapter was published in the June 28, 2002,
issue of the
Texas Register
(27 TexReg 5803).
The Commission received no comments concerning this chapter.
In accordance with §2001.039 of the Government Code, which requires
state agencies, every four years, to assess whether the initial reasons for
adopting a rule continue to exist, HHSC has reviewed Chapter 381 and determined
that the original reasons for adopting all rules in the chapter continue to
exist.
However, as a result of the rule review process, HHSC has determined that
certain revisions are appropriate and necessary, including revisions to correct
statutory references that have changed as a result of agency rule transfers.
Proposed new, amended, and repealed sections in Chapter 381, with discussion
of the justification for proposed changes, will be published in subsequent
issues of the
Texas Register
.
This concludes HHSC's review of 1 TAC Chapter 381 as required by the Government
Code, §2001.039.
TRD-200208475
Steve Aragon
Legal Counsel
Texas Health and Human Services Commission
Filed: December 20, 2002
Title 22, Part 9
The Texas State Board of Medical Examiners adopts the review of Chapter
188, (§188.1), concerning Complaint Procedure Notification, pursuant
to the Texas Government Code, §2001.039.
The proposed review was published in the November 1, 2002, issue of the
No comments were received regarding adoption of the rule review.
The Texas State Board of Medical Examiners contemporaneously adopts an
amendment to §188.1 elsewhere in this issue of the
Texas Register
.
The agency's reason for adopting the rules contained in this chapter continues
to exist.
This concludes the review of Chapter 188, Complaint Procedure Notification.
TRD-200208457
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Filed: December 20, 2002
The Texas State Board of Medical Examiners adopts the review of Chapter
197, (§§197.1-197.6), concerning emergency medical service, pursuant
to the Texas Government Code, §2001.039.
The proposed review was published in the November 1, 2002, issue of the
No comments were received regarding adoption of the rule review.
The Texas State Board of Medical Examiners contemporaneously adopts an
amendment to §197.2 and §197.3 elsewhere in this issue of the
The agency's reason for adopting the rules contained in this chapter continues
to exist.
This concludes the review of Chapter 197, Emergency Medical Service.
TRD-200208458
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Filed: December 20, 2002
Texas Department of Licensing and Regulation
Texas State Board of Medical Examiners
Office of the Secretary of State
Adopted Rule Reviews
Texas Health and Human Services Commission
Texas State Board of Medical Examiners