TITLE rule-review

Proposed Rule Reviews

Texas Commission on Alcohol and Drug Abuse

Title 40, Part 3

The Texas Commission on Alcohol and Drug Abuse (Commission) files this notice of intention to review and readopt Title 40, Texas Administrative Code, Part 3, Texas Commission on Alcohol and Drug Abuse, Chapter 151, Peer Assistance, §§151.1 - 151.5, 151.11, 151.21, 151.22, 151.31, 151.32, 151.51 and 151.61. This review is pursuant to §2001.039 of the Texas Government Code pertaining to agency review of existing rules.

The Commission will accept comments regarding whether the reasons for adopting these rules continue to exist. The comment period will last 30 days beginning with the publication of this notice of intention to review.

Comments on the review may be submitted to Deana Abshire, Texas Commission on Alcohol and Drug Abuse, P.O. Box 80529, Austin, Texas 78708-0529. Comments may also be submitted electronically to rules.revisions@tcada.state.tx.us or faxed to (512) 821-4445. All comments must be received by May 3, 2004.

To ensure consideration, comments must clearly specify the particular section of the rule to which they apply. General comments should be labeled as such. Comments should include proposed alternative language as appropriate.

§151.1. Authority.

§151.2. Program Purpose.

§151.3. Applicability.

§151.4. Relationship to Licensing/Disciplinary Authority.

§151.5. Program Requirements.

§151.11. Definitions.

§151.21. Organization.

§151.22. Staffing.

§151.31. Program Description.

§151.32. Policies and Procedures.

§151.51. Referrals to Assessment/Treatment Resources.

§151.61. Certification.

TRD-200402070

Thomas F. Best

General Counsel

Texas Commission on Alcohol and Drug Abuse

Filed: March 22, 2004


Employees Retirement System of Texas

Title 34, Part 4

The Employees Retirement System of Texas files this notice of intent to review the rules contained in Chapter 71 (Creditable Service). This review is pursuant to §2001.039, Texas Government Code. The rules to be reviewed are located in Title 34, Part 4, of the Texas Administrative Code.

Chapter 71. Creditable Service

§71.1. Service Credit for Members of Employee Class.

§71.2. Membership Waiting Period for Employee Class.

§71.3. Service Credit for Members of the Elective Class.

§71.5. Credit Previously Transferred from Teacher Retirement System (TRS) and Credit Transferred from TRS Pursuant to the Government Code, Title 8.

§71.7. Limitation on Service Credit.

§71.11. Retirement Contributions Based on Nonmonetary Compensation.

§71.13. Payments to Establish Service Credit--Date Due.

§71.14. Payments To Establish or Reestablish Service Credit.

§71.15. Transfer of ERS Service Credit to the TRS for Certain TRIMS Employees.

§71.17. Credit for Unused Accumulated Leave.

§71.19. Transfer of Service between the Teacher Retirement System of Texas (TRS) and the Employees Retirement System of Texas (ERS).

§71.21. Transfer of Certain State Employees from the Teacher Retirement System of Texas (TRS) to the Employees Retirement System of Texas (ERS).

§71.23. Acceptance of Rollovers and Transfers from Other Plans.

§71.27. Certain Service Considered Solely to Establish Eligibility.

§71.29. Purchase of Additional Service Credit.

§71.31. Credit Purchase Option For Certain Waiting Period Service.

Comments relating to whether these rules should be repealed, readopted, or readopted with changes must be received by 5:00 p.m. on May 4, 2004, and submitted to Paula A. Jones, General Counsel, Employees Retirement System of Texas, 18th and Brazos, P.O. Box 13207, Austin, Texas 78711-3207

TRD-200402020

Paula A. Jones

General Counsel

Employees Retirement System of Texas

Filed: March 18, 2004


Adopted Rule Reviews

Employees Retirement System of Texas

Title 34, Part 4

The Employees Retirement System of Texas (ERS) has completed the review of the Texas Administrative Code, Title 34, Part 4, Chapter 69, concerning Membership and Refunds, Chapter 73, concerning Benefits, Chapter 75, concerning Hazardous Profession Death Benefits, and Chapter 77, concerning Judicial Retirement, in accordance with the requirements of the Texas Government Code, §2001.039. The notice of intention to review was published in the November 14, 2003, issue of the Texas Register (28 TexReg 10293).

During this review period, ERS made changes to Chapters 73, 75, and 77, that were adopted by the Board in its regularly schedule public meetings held on December 10, 2003 and February 18, 2004.

No comments were received regarding this review. ERS has reviewed the rules in Chapters 69, 73, 75, and 77, and has determined that the reasons for adopting these rules continue to exist. The rules in Chapters 69, 73, 75, and 77 are therefore readopted in accordance with the requirements of the Texas Government Code §2001.039. This concludes ERS' review of Chapters 69, 73, 75, and 77.

TRD-2004002019

Paula A. Jones

General Counsel

Employees Retirement System of Texas

Filed: March 18, 2004


Texas State Board of Public Accountancy

Title 22, Part 22

In accordance with Government Code §2001.039 the Texas State Board of Public Accountancy (board) adopts the review of Chapters 501, concerning Rules of Professional Conduct; 511, concerning Certification as a CPA; 515, concerning Licenses; 517, concerning Temporary Practice in Texas; 521, concerning Fee Schedule; 523, concerning Continuing Professional Education; and 525, concerning Criminal Background Investigations; in Title 22 Texas Administrative Code, Part 22. The board published a Notice of Intention to Review Title 22, TAC, Part 22, in the February 7, 2003, issue of the Texas Register (28 TexReg 1234). No comments were received regarding adoption of the rule review.

Government Code §2001.039 requires that every agency review each of its rules to determine at a minimum whether the reasons for the adoption of the rule continues to exist. In accordance with the provisions of Government Code §2001.039 the board developed a list of questions and considerations it used to guide its rule review. These considerations included an analysis of whether each rule is needed for fair administration and just enforcement of the Public Accountancy Act and whether the rule reflects current board policy and current legal interpretations of the Act.

As a result of conducting its review of these Chapters, the board has proposed and/or adopted amendments to or repeals of approximately 71 rules. Each of these amendments and repeals have been published in the Texas Register in accordance with the Administrative Procedure Act. The board finds that the reasons for adopting those of its rules for which no amendments or repeals have been proposed in the course of its review continue to exist.

This concludes the review of Chapters 501, 511, 515, 517, 521, 523 and 525.

TRD-200402049

Rande Herrell

General Counsel

Texas State Board of Public Accountancy

Filed: March 18, 2004