TITLE rule-review

Proposed Rule Reviews

Texas Food and Fibers Commission

Title 4, Part 11

The Texas Food and Fibers Commission (Commission) proposes to review Chapter 201, §§201.1 - 201.9, 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.

The Commission has proposed a revision of Chapter 201, concerning Commission Administration. The proposed amendments are published in this issue of the Texas Register .

Comments or questions regarding this rule review may be submitted to Elizabeth Longoria, Texas Food and Fibers Commission, via mail to P.O. Box 12046, Austin, Texas 78711, or electronically to elizabeth.ruiz@mail.capnet.state.tx.us no later than 5:00 p.m. CST within 30 days after publication.

TRD-200303374

Robert V. Avant, Jr., P.E.

Executive Director

Texas Food and Fibers Commission

Filed: June 4, 2003


The Texas Food and Fibers Commission (Commission) proposes to review Chapter 202, §§202.1 - 202.3, 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.

The Commission has proposed to amend the chapter name of Chapter 202, concerning Industry Advisory Committee. The proposed amendments are published in this issue of the Texas Register .

Comments or questions regarding this rule review may be submitted to Elizabeth Longoria, Texas Food and Fibers Commission, via mail to P.O. Box 12046, Austin, Texas 78711, or electronically to elizabeth.ruiz@mail.capnet.state.tx.us no later than 5:00 p.m. CST within 30 days after publication.

TRD-200303375

Robert V. Avant, Jr., P.E.

Executive Director

Texas Food and Fibers Commission

Filed: June 4, 2003


The Texas Food and Fibers Commission (Commission) proposes to review Chapter 203, §§203.1 - 203.3, 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.

The Commission has proposed a revision of Chapter 203, concerning Primary Research Areas. The proposed amendments are published in this issue of the Texas Register .

Comments or questions regarding this rule review may be submitted to Elizabeth Longoria, Texas Food and Fibers Commission, via mail to P.O. Box 12046, Austin, Texas 78711, or electronically to elizabeth.ruiz@mail.capnet.state.tx.us no later than 5:00 p.m. CST within 30 days after publication.

TRD-200303376

Robert V. Avant, Jr., P.E.

Executive Director

Texas Food and Fibers Commission

Filed: June 4, 2003


The Texas Food and Fibers Commission (Commission) proposes to review Chapter 204, §§204.1 - 204.5, 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.

The Commission has proposed a revision of Chapter 204, concerning Pre-Proposal Submission. The proposed amendments are published in this issue of the Texas Register .

Comments or questions regarding this rule review may be submitted to Elizabeth Longoria, Texas Food and Fibers Commission, via mail to P.O. Box 12046, Austin, Texas 78711, or electronically to elizabeth.ruiz@mail.capnet.state.tx.us no later than 5:00 p.m. CST within 30 days after publication.

TRD-200303377

Robert V. Avant, Jr., P.E.

Executive Director

Texas Food and Fibers Commission

Filed: June 4, 2003


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, Texas Department of Health, Chapter 295, Occupational Health, Subchapter G, Sanitation at Temporary Places of Employment, §§295.161 - 295.169.

This review is in accordance with the requirements of the Texas Government Code, §2001.039 regarding agency review of existing rules.

An assessment will be made by the department as to whether the reasons for adopting or readopting these rules continues 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 committee.

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 committee.

TRD-200303386

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: June 4, 2003


Texas State Board of Examiners of Psychologists

Title 22, Part 21

The Texas State Board of Examiners of Psychologists proposes to review Board Rules §§463.16 - 463.29 (concerning Licensing), and Chapter 469 (concerning Complaints Enforcement), in accordance with the Appropriations Act, §167. As part of this review process, the Board proposes new §463.20, Refunds of Application and Examination Fees, and new §469.15, Disciplinary Action for Persons with Dual Licensure. In addition, the Board proposes to amend the existing §469.1, Timeliness of Complaints, §469.3, Standardized Complaint Form, §469.4, Complaint Investigation, §469.5, Complaint Disposition, §469.6, Temporary Suspension of a License, §469.7, Persons with Criminal Backgrounds, §469.8, Rehabilitation Guidelines, §469.13, Non-Compliance with Continuing Education Requirements, §469.14, Monitoring of Licensees, and §469.15, Disciplinary Action for Persons with Dual Licensure. The proposed amendments may be found in the Proposed Rules section of the Texas Register . The Board is not proposing any changes to existing Board rules §§463.16 - 463.29, 469.2, 469.9, 469.10 and 469.12.

Comments on the proposals may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Tower II, Suite 2-450, Austin, Texas 78701.

TRD-200303225

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Filed: May 23, 2003


Texas Department of Public Safety

Title 37, Part 1

The Texas Department of Public Safety (DPS) will review and consider for readoption, revision or repeal Title 37, Texas Administrative Code, Part 1, Chapter 1, Subchapters G - W, and Chapters 4, 6, 11, 14-19, 21, 23, 27 - 29, and 31 - 34, in accordance with Texas Government Code, §2001.039.

An assessment will be made by the department to determine whether the reason for adopting or readopting these rules continues to exist. This assessment will continue 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 Mary Ann Courter, General Counsel, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773, (512) 424-2890. Any proposed changes to these rules as a result of the review will be published in the Proposed Rule 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-200303335

Thomas A. Davis, Jr.

Director

Texas Department of Public Safety

Filed: May 30, 2003


State Securities Board

Title 7, Part 7

The State Securities Board (Agency), beginning June 2003, will review and consider for readoption, revision, or repeal Chapters 105, Rules of Practice in Contested Cases, and 106, Guidelines for the Assessment of Administrative Fines, in accordance with Texas Government Code, §2001.039. The rules to be reviewed are located in Title 7, Part 7, of the Texas Administrative Code.

The assessment made by the Agency at this time indicates that the reasons for readopting these chapters continue to exist.

The Agency's Board will consider, among other things, whether the reasons for adoption of these rules continue to exist and whether amendments are needed. Any changes to the rules proposed by the Agency's Board after reviewing the rules and considering the comments received in response to this notice will appear in the "Proposed Rules" section of the Texas Register and will be adopted in accordance with the requirements of the Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001. The comment period will last for 30 days beginning with the publication of this notice of intention to review.

Comments or questions regarding this notice of intention to review may be submitted in writing, within 30 days following the publication of this notice in the Texas Register , to David Weaver, General Counsel, P.O. Box 13167, Austin, Texas 78711-3167, or sent by facsimile to Mr. Weaver at (512) 305-8310. Comments will be reviewed and discussed in a future Board meeting.

TRD-200303354

Denise Voigt Crawford

Securities Commissioner

State Securities Board

Filed: June 2, 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 133, concerning General Medical Provisions and Chapter 141, concerning Dispute Resolution--Benefit Review Conference. 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.

CHAPTER 133. GENERAL MEDICAL PROVISIONS

§133.1. Definitions for Chapter 133, Benefits--Medical Benefits.

§133.2. Sharing Medical Reports and Test Results.

§133.100. Required Medical Reports.

§133.104. Consultant Medical Reports.

§133.105. Physical or Occupational Therapy Report.

§133.106. Fair and Reasonable Fees for Required Reports and Records.

§133.300. Insurance Carrier Receipt of Medical Bills from Health Care Providers

§133.301. Retrospective Review of Medical Bills

§133.302. Preparation for an Onsite Audit

§133.303. Onsite Audits

§133.304. Medical Payments and Denials

§133.305. Medical Dispute Resolution - General

§133.306. Interlocutory Orders for Medical Benefits

§133.307. Medical Dispute Resolution of a Medical Fee Dispute

§133.308. Medical Dispute Resolution By Independent Review Organizations

§133.401. Orders for Production of Documents

§133.402. Delivery of Order; Compliance

§133.403. Noncompliance; Enforcement

CHAPTER 141. DISPUTE RESOLUTION--BENEFIT REVIEW CONFERENCE

§141.1. Requesting and Setting a Benefit Review Conference.

§141.2. Canceling or Rescheduling a Benefit Review Conference.

§141.3. Failure to Attend a Benefit Review Conference.

§141.4. Filing and Exchanging Pertinent Information.

§141.5. Description of the Benefit Review Conference.

§141.6. Interlocutory Orders.

§141.7. Commission Actions After a Benefit Review Conference.

The agency's reason for adopting the rules contained in these chapters 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 July 14, 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-200303387

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: June 4, 2003


Adopted Rule Review

Texas State Board of Examiners of Psychologists

Title 22, Part 21

The Texas State Board of Examiners of Psychologists adopts the review of Chapter 461, General Rulings, §§463.1- 463.15, in accordance with the Appropriations Act, §167.

As part of this review process, the Board will amend the existing §461.3, Former Board Members, §461.11, Continuing Education, §461.15, Compliance with Act, Rules, Board Directives, Board Directives and Orders, §461.17, Profile Information, §463.2, Application Process and §463.9, Licensed Specialist in School Psychology. No changes are planned for §§461.1, 461.2, 461.4 - 461.9, 461.13, 461.14, 461.16, 461.31, 461.35, 463.1, 463.3 - 463.8 and 463.10 - 463.14.

The proposed rule review appeared in the February 28, 2003, issue of the Texas Register (28 TexReg 1910).

No comments were received regarding adoption of the rule review.

TRD-200303224

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Filed: May 23, 2003