TITLE rule-review

Proposed Rule Reviews

Texas Department of Health

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 83, Public Health Improvement Grants, Subchapter A, Permanent Fund for Children and Public Health, §§83.1 - 83.13; Subchapter B, Community Hospital Capital Improvement Fund, §§83.20 - 83.30; and Chapter 102, Distribution of Tobacco Settlement Proceeds to Political Subdivisions, §§102.1 - 102.5.

This review is in accordance with the requirements of the Texas Government Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

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 Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the department.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 Rules 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-200304165

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 9, 2003


The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part 1, Chapter 139, Abortion Facility Reporting and Licensing, Subchapter A, General Provisions, §§139.1 - 139.8; Subchapter B, Licensing Procedures, §§139.21 - 139.25; Subchapter C, Enforcement, §§139.31 - 139.34; and Subchapter D, Minimum Standards for Licensed Abortion Facilities, §§139.41 - 139.60.

This review is in accordance with the requirements of the Texas Government Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

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 Rules 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-200304163

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: July 9, 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 110 concerning Required Notices of Coverage. 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.

§110.1. Requirements for Notifying the Commission of Insurance Coverage.

§110.101. Covered and Non-Covered Employer Notices to Employees.

§110.108. Employer Notice Regarding Work-Related Exposure to Communicable Disease/HIV: Posting Requirements; Payment for Tests.

§110.110. Reporting Requirements for Building or Construction Projects for Governmental Entities.

The agency's reason for adopting the rules contained in this chapter continues to exist and it proposes to readopt these rules. Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on August 18, 2003 and submitted to Nell Cheslock, Legal Services, Office of General Counsel, Mailstop #4-D, Texas Workers' Compensation Commission, Southfield Building, 4000 South IH 35, Austin, Texas 78704-7491.

TRD-200304136

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: July 8, 2003


The Texas Workers' Compensation Commission files this notice of intention to review the rules contained in Chapter 124 concerning Carriers: Required Notices and Mode of Payment. 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.

§124.1. Notice of Injury.

§124.2. Carrier Reporting and Notification Requirements.

§124.3. Investigation of an Injury and Notice of Denial/Dispute.

§124.5. Mode of Payment Made by Carriers.

§124.7. Initial Payment of Temporary Income Benefits.

The agency's reason for adopting the rules contained in this chapter continues to exist and it proposes to readopt these rules. Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on August 18, 2003 and submitted to Nell Cheslock, Legal Services, Office of General Counsel, MS 4-D, Texas Workers' Compensation Commission, Southfield Building, 4000 South IH 35, Austin, Texas 78704-7491.

TRD-200304118

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: July 7, 2003


The Texas Workers' Compensation Commission files this notice of intention to review the rules contained in Chapter 164 concerning Hazardous Employer Program. 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.

§164.1. Criteria for Identifying Hazardous Employers.

§164.2. Notice to Hazardous Employers.

§164.3. Safety Consultation for Public Employers.

§164.4. Formulation of Accident Prevention Plan for Public Employers.

§164.5. Follow-up Inspection for Public Employers by the Division.

§164.6. Report of Follow-up Inspection, Public Employers.

§164.7. Removal of Public Employers from Hazardous Employer Status.

§164.8. Continuation of Hazardous Employer Status, Public Employers.

§164.9. Approval of Professional Sources for Safety Consultations

§164.10. Removal from the List of Approved Professional Sources.

§164.11. Request for Safety Consultation from the Division.

§164.12. Reimbursement of Division for Services Provided to Hazardous Employer.

§164.14. Values Assigned for Computation of Hazardous Employer Identification.

§164.15. Administrative Reviews and Hearings Regarding Identification as a Hazardous Employer.

§164.16. Removal of Private Employers from Hazardous Employer Status.

§164.17. Availability of OSHCON Services.

§164.18. Severability.

The agency's reason for adopting the rules contained in this chapter continues to exist and it proposes to readopt these rules. Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on August 18, 2003 and submitted to Nell Cheslock, Legal Services, Office of General Counsel, Mailstop #4-D, Texas Workers' Compensation Commission, Southfield Building, 4000 South IH 35, Austin, Texas 78704-7491.

TRD-200304135

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: July 8, 2003


Adopted Rule Review

Texas Department of Mental Health and Mental Retardation

Title 25, Part 2

The Texas Department of Mental Health and Mental Retardation (TDMHMR) adopts the review of Chapter 419, Subchapter G, concerning Medicaid fair hearings. The notice of intent to review was published in the May 23, 2003, issue of the Texas Register (28 TexReg 4160).

No comments were received regarding the review. TDMHMR has reviewed the rule in Chapter 419, Subchapter G, and has determined that the reasons for originally adopting the rule continue to exist. The rule in Chapter 419, Subchapter G, is readopted in accordance with the Texas Government Code, §2001.039, which requires the Texas Board of Mental Health and Mental Retardation to review and consider for readoption each of its rules every four years and under TDMHMR's broad rulemaking authority for mental health and mental retardation services pursuant to the Texas Health and Safety Code, §532.015(a).

TRD-200304102

Rodolfo Arredondo

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: July 7, 2003