TITLE rule-review

Agency Rule Review Plan

Texas Board of Occupational Therapy Examiners

Title 40, Part 12

TRD-200402380

Filed: April 8, 2004


Proposed Rule Reviews

Texas Department of Agriculture

Title 4, Part 1

The Texas Department of Agriculture (the department) proposes to review Title 4, Texas Administrative Code, Part 1, Chapter 1, concerning General Procedures, pursuant to the Texas Government Code, §2001.039. Section 2001.039 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 original justification for the rules continues to exist.

The assessment of Title 4, Part 1, Chapter 1; Subchapter B, concerning Collection of Debts; Subchapter C, concerning Minority Purchasing; Subchapter D, concerning Miscellaneous Provisions; Subchapter G, concerning Interagency Agreements; Subchapter H, concerning Requests for Public Information; Subchapter J, concerning Agricultural Lien Disputes; Subchapter K, concerning Employee Training Rules; Subchapter L, concerning Urban Schools Grants Program; and Subchapter M, concerning Surplus Agricultural Products by the department at this time indicates that the reason for readopting without changes all sections in these subchapters continues to exist. As part of the review process, the department proposes the amendment of Title 4, Part 1, Chapter 1, Subchapter A, §§1.73 - 1.75 and §1.78, and the addition of §1.207 and §1.208 to Subchapter E. These may be found in the proposed rule section of this issue of the Texas Register . The assessment of Chapter 1, Subchapters A, concerning General Rules of Practice; and Subchapter E, concerning Advisory Committees by the department at this time, indicates that with the exception of the sections proposed for amendment and the addition of new §1.207 and §1.208, the reason for readopting without changes all remaining sections in Chapter 1, Subchapters A and E continues to exist.

The department is accepting comment on the review of Chapter 1. Comments on the review may be submitted within 30 days following the publication of this notice in the Texas Register to Dolores Alvarado Hibbs, Deputy General Counsel, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas, 78711.

TRD-200402409

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: April 9, 2004


The Texas Department of Agriculture (the department) proposes to review Title 4, Texas Administrative Code, Part 1, Chapter 12, concerning Weights and Measures Regulations, Chapter 19, concerning Quarantines, and Chapter 22 , concerning Nursery Products and Floral Items , pursuant to the Texas Government Code, §2001.039. Section 2001.039 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 original justification for the rules continues to exist.

The assessment of Title 4, Part 1, Chapters 12 and 22 by the department at this time indicates that the reason for readopting without changes all sections in Chapters 12 and 22 continues to exist. As part of the review process, the department proposes the amendment of Title 4, Part 1, Chapter 19, §19.23. This may be found in the proposed rule section of this publication of the Texas Register . The assessment of Chapter 19 by the department at this time, indicates that with the exception of the section proposed for amendment, the reason for readopting without changes all remaining sections in Chapter 19 continues to exist.

The department is accepting comment on the review of Chapters 12, 19 and 22. Comments on the review may be submitted within 30 days following the publication of this notice in the Texas Register to David Kostroun, Assistant Commissioner for Regulatory Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas, 78711.

TRD-200402397

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: April 8, 2004


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 1, Texas Board of Health, Subchapter N, Historically Underutilized Businesses, §1.171.

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-200402427

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 12, 2004


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 221, Meat Safety Assurance, Subchapter A, Transporting Dead Animals and Rendering, §§221.1 - 221.9; and Subchapter B, Meat and Poultry Inspection, §§221.11 - 221.15.

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 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-200402428

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 12, 2004


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 229, Food and Drug, Subchapter U, Permitting Retail Food Establishments, §§229.370 - 229.374.

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 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-200402426

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: April 12, 2004


Texas Board of Occupational Therapy Examiners

Title 40, Part 12

The Texas Board of Occupational Therapy Examiners files this notice of intent to review the rules as listed below, pursuant to Texas Government Code §2001.039 (Administrative Procedure Act).

The board's reasons for adopting the rules in these chapters continue to exist, and it proposes to readopt them all. Any rule amendments determined to be necessary during the review will be formally proposed at a subsequent board meeting, and will not be submitted simultaneously with the Adopted Rule Review notice.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Augusta Gelfand, OT Coordinator, 333 Guadalupe, Suite 2-510, Austin, Texas, 78701, augusta.gelfand@mail.capnet.state.tx.us.

Chapter 361. Statutory Authority

Chapter 362. Definitions

Chapter 363. Consumer/Licensee Information

Chapter 364. Requirements for Licensure

Chapter 367. Continuing Education

Chapter 368. Open Records

Chapter 369. Display of Licenses

Chapter 370. License Renewal

Chapter 371. Inactive Status

Chapter 372. Provision of Services

Chapter 373. Supervision

Chapter 374. Disciplinary Actions/Detrimental Practice/Complaint Process/Code of Ethics

Chapter 375. Fees

Chapter 376. Registration of Facilities

TRD-200402382

John Maline

Executive Director

Texas Board of Occupational Therapy Examiners

Filed: April 8, 2004


Adopted Rule Reviews

Texas State Board of Medical Examiners

Title 22, Part 9

The Texas State Board of Medical Examiners adopts the review of Chapter 163, (§§163.1-163.13), concerning Licensure, pursuant to the Texas Government Code, §2001.039.

The Texas State Board of Medical Examiners is contemporaneously adopting amendments to §§163.1-163.7, 163.11 and 163.12, elsewhere in this issue of the Texas Register .

The proposed review was published in the February 27, 2004, issue of the Texas Register (29 TexReg 2057).

No comments were received regarding adoption of the review.

The agency's reason for adopting the rules contained in this chapter continues to exist.

This concludes the review of Chapter 163. Licensure.

TRD-200402443

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Filed: April 12, 2004


The Texas State Board of Medical Examiners proposes to review Chapter 177, (§§177.1-177.16), concerning Certification of Non-Profit Organizations, pursuant to the Texas Government Code, §2001.039.

The Texas State Board of Medical Examiners is contemporaneously proposing amendments to §§177.1-177.8, the repeal of §§177.9-177.16 and new §§177.9-177.13, elsewhere in this issue of the Texas Register .

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-200402457

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Filed: April 12, 2004


The Texas State Board of Medical Examiners proposes to review Chapter 185, (§§185.1-185.25), concerning Physician Assistants, pursuant to the Texas Government Code, §2001.039.

The Texas State Board of Medical Examiners is contemporaneously proposing amendments to §§185.8, 185.16 and 185.20, elsewhere in this issue of the Texas Register .

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-200402458

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Filed: April 12, 2004