Proposed Rule Reviews
Texas Department of Human Services
Title 40, Part 1
The Texas Department of Human Services (DHS) files this notice of intention
to review 40 TAC Chapter 19 (Nursing Facility Requirements for Licensure and
Medicaid Certification), Chapter 76 (Criminal History Checks of Employees
in Facilities for Care of the Aged and Persons with Disabilities), Chapter
79 (Legal Services), and Chapter 90 (Intermediate Care Facilities for Persons
with Mental Retardation or Related Conditions) in accordance with the Government
Code, §2001.039. During this review, DHS will assess whether the reasons
for adopting these chapters continue to exist.
As required by §2001.039, DHS will accept comments on the proposed
review for 30 days following the publication of this notice in the
Texas Register
. Any questions or written comments should be directed
to Frances Rickard, Rules Unit-182, Texas Department of Human Services E-205,
P.O. Box 149030, Austin, Texas 78714-9030 or (512) 438-4162.
TRD-200402541
Carey Smith
Deputy Commissioner, Legal Services
Texas Department of Human Services
Filed: April 16, 2004
Title 16, Part 4
The Texas Department of Licensing and Regulation (Department) files this
notice of intent to review and consider for re-adoption, revision, or repeal,
Title 16, Texas Administrative Code, Chapter 72, Staff Leasing Services. This
review and consideration is being conducted in accordance with the requirements
of Texas Government Code, §2001.039.
An assessment will be made by the Department as to whether the reasons
for adopting or readopting these rules continue to exist. 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reviewed to determine whether it is obsolete, whether the rule reflects current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.
As required by Texas Government Code, §2001.039, any questions or
written comments pertaining to this rule review may be submitted to Chris
Kadas, General Counsel, P.O. Box 12157, Austin, Texas 78711, facsimile (512)
475-2872, or by e-mail, chris.kadas@license.state.tx.us. The deadline for
comments is 30 days after publication in the
Texas
Register
.
Proposed changes to these rules as a result of the rule review will be
published in the Proposed Rules section of the
Texas
Register
. The proposed rules will be open for public comment prior
to final adoption or repeal by the Department, in accordance with the requirements
of the Administrative Procedure Act, Texas Government Code, Chapter 2001.
§72.1. Authority.
§72.10. Definitions.
§72.20. Licensing Requirements.
§72.70. Responsibility of Licensee.
§72.71. Responsibility of Licensee--Records.
§72.80. Fees--Licensing Application.
§72.81. Fees--Licensing.
§72.82. Fees--Background Check.
§72.83. Fees--Duplicate Licensing/Name Change.
§72.90. Sanctions--Administrative Sanctions/Penalties.
TRD-200402494
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: April 14, 2004
Texas Department of Agriculture
Title 4, Part 1
The Texas Department of Agriculture (the department) adopts the review
of Title 4, Texas Administrative Code, Part 1, Chapter 8, concerning Agricultural
Hazard Communication Regulations, Chapter 14, concerning Perishable Commodities
Handling and Marketing Program, Chapter 15 , concerning Egg Law, Chapter 21,
concerning Citrus, and Chapter 23, concerning Rose Grading, pursuant to the
Texas Government Code, §2001.039, and readopts these chapters as proposed
in its notice of intent to review. The proposed notice of intent to review
was published in the March 19, 2004, issue of the
Texas Register
(29 TexReg 2927). No comments were received on the proposal.
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 8, 14, 15, 21 and 23 by the department
at this time indicates that the reason for readopting without changes all
sections in Chapters 8, 14, 15, 21 and 23 continues to exist.
TRD-200402629
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Filed: April 20, 2004
Title 40, Part 1
The Texas Department of Human Services (DHS) has completed its review of
the rules in 40 TAC Chapter 61 (Community Services--Volunteer Services). The
notice of intention to review these rules was published in the January 9,
2004, issue of the
Texas Register
(29 TexReg
383). DHS received no comments concerning the review.
During its review, DHS determined that the reasons for adopting Chapter
61 continue to exist. DHS has rewritten its Chapter 61 rules in plain English,
question-and-answer format, and the new Chapter 61 rules are proposed elsewhere
in this issue of the
Texas Register
.
This concludes DHS's review of 40 TAC, Chapter 61, as required by the Government
Code, §2001.039.
TRD-200402542
Carey Smith
Deputy Commissioner, Legal Services
Texas Department of Human Services
Filed: April 16, 2004
Title 31, Part 10
Pursuant to the notice of intent to review published in the February 27,
2004 issue of the
Texas Register
, (29 TexReg
2058), the Texas Water Development Board (the board) has reviewed and considered
for readoption 31 TAC, Part 10, Chapter 370, Colonia Plumbing Loan Program,
in accordance with the Texas Government Code, §2001.039.
The board considered, among other things, whether the reasons for adoption
of these rules continue to exist. No comments were received on the proposed
rule review.
As a result of the board's review, the board determined that the rules
are still necessary and readopts the sections because they govern the board's
program for loans to residents of colonias for plumbing improvements in federally
designated counties. As a result of the rule review, the board adopts an amendment
to §370.26(a) to include the phrase "and is enforcing" after "adopted"
in order to insure that applicants are informed that the requirement to adopt
the model subdivision rules includes the requirement to enforce the model
subdivision rules. The board also adopts amendments to §370.26(b) and §370.41(11)
to refer to the Texas Commission on Environmental Quality rather than the
Texas Natural Resource Conservation Commission because it has changed its
name. This completes the board's review of 31 TAC Chapter 370.
TRD-200402664
Suzanne Schwartz
General Counsel
Texas Water Development Board
Filed: April 21, 2004
Title 28, Part 2
In accordance with the General Appropriation Act, Article IX, §167,
75th Legislature, the General Appropriations Act, §9-10, 76th Legislature,
and Texas Government Code §2001.039 as added by SB-178, 76th Legislature,
and pursuant to the notice of intention to review published in the November
7, 2003, issue of the
Texas Register
, (28
TexReg 9889), the Texas Workers' Compensation Commission (the commission)
has assessed whether the reason for adopting or readopting these rules continues
to exist. No comments were received regarding the review of these rules.
As a result of the review, the Commission has determined that the reason
for adoption of these rules continues to exist. Therefore, the Commission
readopts Chapter 125. If the Commission determines that the rules should be
revised or repealed, the repeal or revisions of the rules will be accomplished
in accordance with the Administrative Procedure Act.
CHAPTER 125 - EDUCATION AND TRAINING OF OMBUDSMEN
§125.1. Definitions.
§125.2. Ombudsman Training Program/Continuing Education.
§125.3. Private Meetings with Unrepresented Claimants.
TRD-200402583
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: April 19, 2004
In accordance with the General Appropriation Act, Article IX, §167,
75th Legislature, the General Appropriations Act, §9-10, 76th Legislature,
and Texas Government Code §2001.039 as added by SB-178, 76th Legislature,
and pursuant to the notice of intention to review published in the November
14, 2003, issue of the
Texas Register
, (28
TexReg 10294), the Texas Workers' Compensation Commission (the commission)
has assessed whether the reason for adopting or readopting these rules continues
to exist. No comments were received regarding the review of these rules.
As a result of the review, the Commission has determined that the reason
for adoption of these rules continues to exist. Therefore, the Commission
readopts Chapter 143. If the Commission determines that the rules should be
revised or repealed, the repeal or revisions of the rules will be accomplished
in accordance with the Administrative Procedure Act.
CHAPTER 143 - DISPUTE RESOLUTION REVIEW BY THE APPEALS PANEL
§143.1. Definitions.
§143.2. Description of the Appeal Proceeding.
§143.3. Requesting the Appeals Panel to Review the Decision of the
Hearing Officer.
§143.4. Responding to a Request for Review by the Appeals Panel.
§143.5. Decision of the Appeals Panel.
TRD-200402584
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: April 19, 2004
In accordance with the General Appropriation Act, Article IX, §167,
75th Legislature, the General Appropriations Act, §9-10, 76th Legislature,
and Texas Government Code §2001.039 as added by SB-178, 76th Legislature,
and pursuant to the notice of intention to review published in the February
20, 2004, issue of the
Texas Register
, (29
TexReg 1678), the Texas Workers' Compensation Commission (the commission)
has assessed whether the reason for adopting or readopting these rules continues
to exist. No comments were received regarding the review of these rules.
As a result of the review, the Commission has determined that the reason
for adoption of these rules continues to exist. Therefore, the Commission
readopts Chapter 165. If the Commission determines that the rules should be
revised or repealed, the repeal or revisions of the rules will be accomplished
in accordance with the Administrative Procedure Act.
CHAPTER 165 - REJECTED RISK: INJURY PREVENTION SERVICES
§165.1. Identification and Notification of Certain Policyholders Insured
by the Texas Workers' Compensation Insurance Fund Acting as the Insurer of
Last Resort.
§165.2. Safety Consultation.
§165.3. Formulation and Components of Accident Prevention Plan.
§165.4. Request for Safety Consultation From the Division.
§165.5. Reimbursement of Division for Services Provided to Rejected
Risk Employers.
§165.6. Follow-up Inspection of the Policyholder's Premises by the
Division.
§165.7. Report of Follow-Up Inspection.
TRD-200402585
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: April 19, 2004
In accordance with the General Appropriation Act, Article IX, §167,
75th Legislature, the General Appropriations Act, §9-10, 76th Legislature,
and Texas Government Code §2001.039 as added by SB-178, 76th Legislature,
and pursuant to the notice of intention to review published in the November
14, 2003, issue of the
Texas Register
, (28
TexReg 10294), the Texas Workers' Compensation Commission (the commission)
has assessed whether the reason for adopting or readopting these rules continues
to exist. No comments were received regarding the review of these rules.
As a result of the review, the Commission has determined that the reason
for adoption of these rules continues to exist. Therefore, the Commission
readopts Chapter 169. If the Commission determines that the rules should be
revised or repealed, the repeal or revisions of the rules will be accomplished
in accordance with the Administrative Procedure Act.
CHAPTER 169 - WORKERS' HEALTH AND SAFETY DRUG-FREE WORKPLACE PROGRAM
§169.1. Notification of Drug Abuse Policy.
§169.2. Required Elements of Drug Abuse Policy.
TRD-200402586
Susan Cory
General Counsel
Texas Workers' Compensation Commission
Filed: April 19, 2004
Texas Department of Licensing and Regulation
Adopted Rule Reviews
Texas Department of Human Services
Texas Water Development Board
Texas Workers' Compensation Commission