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 289, Radiation Control, Subchapter D, General, §289.202.

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 this rule 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 Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the committee.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 this rule 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 committee.

TRD-200301571

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: March 5, 2003

Title 25, Part 2

The Texas Department of Mental Health and Mental Retardation (department) will review Texas Administrative Code, Title 25, Part 2, Chapter 419, Subchapter Q, concerning enrollment of Medicaid waiver program providers, in accordance with the requirements of the Texas Government Code, §2001.039.

The department believes that the reasons for initially adopting the subchapter continue to exist.

Interested persons are invited to submit written comments concerning the review of this subchapter to Linda Logan, director, Policy Development, Texas Department of Mental Health and Mental Retardation, by mail to P.O. Box 12668, Austin, Texas 78711, or by fax to (512) 206-4750, within 30 days of publication of this notice.

TRD-200301558

Andrew Hardin

Chair, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: March 5, 2003

Title 31, Part 9

The Texas On-Site Wastewater Treatment Research Council (council) files this notice of intention to review and proposes the readoption of 31 TAC Chapter 286, On-Site Wastewater Treatment Research Council.

This review of Chapter 286 is proposed in accordance with the requirements of 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.

CHAPTER SUMMARY

Chapter 286 provides for the organization, administration, and general procedures and policies concerning the council's operation. The rules define the organization and administration of the council. The primary purpose of the council is to award competitive grants to enhance the development of on-site wastewater treatment systems through research and technology transfer. These rules provide the criteria for submission of proposals and selection of the grants. The rules also provide the procedures for accepting grants and donations to the council.

PRELIMINARY ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The council conducted a preliminary review and determined that the reasons for the rules in Chapter 286 continue to exist. The rules are necessary to implement the requirements in Texas Health and Safety Code, Chapter 367, and for the operation of the council. The council currently has five active grant projects and has three grant proposals being considered. Therefore, the rules are necessary to define the grant process.

PUBLIC COMMENT

This proposal is limited to the review in accordance with the requirements of Texas Government Code, §2001.039. The council invites public comment on this preliminary review of the rules in Chapter 286. Comments may be submitted to Angela Slupe, Texas Commission on Environmental Quality, Office of Environmental Policy, Analysis, and Assessment, MC 205, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-4808. All comments should clearly refer to the rules review of 31 TAC Chapter 286. Comments must be received by 5:00 p.m., April 14, 2003. For further information or questions concerning this proposal, please contact Warren Samuelson, Compliance Support Division, at (512) 239-4799.

TRD-200301457

Warren Samuelson

Executive Secretary

Texas On-Site Wastewater Treatment Research Council

Filed: February 27, 2003

Title 16, Part 1

The Railroad Commission of Texas (Commission) files this notice of intention to review §3.36 (relating to oil, gas, or geothermal resource operation in hydrogen sulfide areas); §3.81 (relating to brine mining injection wells); §3.91 (relating to cleanup of soil contaminated by a crude oil spill); §3.95 (relating to underground storage of liquid or liquefied hydrocarbons in a salt formation); and §3.97 (relating to underground storage of gas in salt formations). This review and consideration is being conducted in accordance with Texas Government Code, §2001.039.

As required by Texas Government Code, §2001.039, the Commission will accept comments regarding whether the reason for readopting the rules continues to exist.

Comments on the proposed review may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will accept comments for 30 days after publication in the Texas Register. The Commission encourages all interested persons to submit comments no later than the deadline. The Commission cannot guarantee that comments submitted after the deadline will be considered. Any questions pertaining to this notice of intention to review should be directed to Leslie Savage, Oil and Gas Division, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967 or via electronic mail at leslie.savage@rrc.state.tx.us. The status of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.

Issued in Austin, Texas, on February 25, 2003.

TRD-200301415

Mary Ross McDonald

Deputy General Counsel

Railroad Commission of Texas

Filed: February 26, 2003

The Railroad Commission of Texas (Commission) files this notice of intention to review its liquefied natural gas (LNG) rules. In a separate but concurrent rulemaking, the Commission proposes the repeal of the current LNG rules from 16 TAC Chapter 13, Subchapters G, H, and J through N, and the proposal of new LNG rules in 16 TAC new Chapter 14 in order to separate the LNG rules and the compressed natural gas (CNG) rules (which are found in 16 TAC Chapter 13, Subchapters A through F) into their own individual chapters to avoid confusion over having both fuels covered in one chapter. This proposed rule review covers the LNG rules only and is being conducted in accordance with Texas Government Code, §2001.039. The Commission will accept comments regarding whether the reason for readopting the LNG rules, as proposed in the concurrent rulemaking for new Chapter 14, continues to exist.

Comments on the review may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will accept comments for 30 days after publication in the Texas Register. The Commission encourages all interested persons to submit comments no later than the deadline. The Commission cannot guarantee that comments submitted after the deadline will be considered. For further information, call Byron Caffey at (512) 463-5762. The status of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.

Issued in Austin, Texas, on February 25, 2003.

TRD-200301458

Mary Ross McDonald

Deputy General Counsel

Railroad Commission of Texas

Filed: February 27, 2003

Title 37, Part 3

In accordance with the General Appropriation Act, Article IX, Section 167, 75th Legislature, the Texas Youth Commission is adopting the review of Title 37, Part 3, Chapters 91, 93, and 95, concerning Program Services, Youth Rights and Remedies, and Youth Discipline. The proposed review was published in the January 24, 2003 issue of the Texas Register (28 TexReg 761).

The Commission has determined that the reason for adopting these rules continues to exist.

In the process of the review, the Commission has adopted amendments to §93.1 Basic Youth Rights, and §95.51 Level I Hearing Procedure. The adopted amendments may be found in the February 14, 2003 issue of the Texas Register .

Comments or questions pertaining to this notice of Intent to Readopt should be directed to DeAnna Lloyd, Policy Coordinator, Texas Youth Commission, 4900 North Lamar, P.O. Box 4260, Austin, Texas 78765 or send e-mail to: deanna.lloyd@tyc.state.tx.us

TRD-200301464

Steve Robinson

Executive Director

Texas Youth Commission

Filed: February 27, 2003