Agency Rule Review Plan
Texas Appraiser Licensing and Certification Board
Title 22, Part 8
TRD-200400622
Filed: January 30, 2004
Texas Appraiser Licensing and Certification Board
Title 22, Part 8
The Texas Appraiser Licensing and Certification Board in accordance with
Government Code §2001.039 submits this plan for review of its agency
rules. These rules appear under Texas Administrative Code, Title 22, Part
8
The Board will consider, among other things, whether the reasons for adoption
of these rules continue to exist. The comment period will last for 30 days
beginning with the publication of the notice of intention to review. Comments
or questions regarding the notice of intention to review may be submitted
in writing within 30 days following the publication of notice in the
For review beginning February 2004
Chapter 153. Rules Relating to Provisions of the Texas Appraiser Licensing
and Certification Act.
Chapter 155. Rules Relating to Standards of Practice.
Chapter 157. Rules Relating to Practice and Procedure.
TRD-200400623
Wayne Thorburn
Commissioner
Texas Appraiser Licensing and Certification Board
Filed: January 30, 2004
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 217. Milk and Dairy, Subchapter E.
Permits, Fees and Enforcement, §§217.91 - 217.93.
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to determine whether it is obsolete, whether the rule reflects current legal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-200400689
Susan K. Steeg
General Counsel
Texas Department of Health
Filed: February 4, 2004
Texas Higher Education Coordinating Board
Title 19, Part 1
The Texas Higher Education Coordinating Board adopts the review of §§8.1
through 8.124 of Board rules concerning rules applying to the creation, expansion,
dissolution, or conservatorship of public community college districts. The
proposed notice of review was published in the December 12, 2003 issue of
the
Texas Register
(28 TexReg 11118). No comments
were received regarding the readoption of rules in this chapter.
During its review, the agency determined that the initial reasons for adopting §§8.1
through 8.124 continue to exist. The rules are therefore readopted in accordance
with the requirements of the Government Code, §2001.039.
As part of the review process but in a separate proposal, the Texas Higher
Education Coordinating Board has proposed amendments to the rules which have
been filed simultaneously with this rule review and readoption.
This concludes THECB’s review of §§8.1 through 8.124 as
required by the Texas Government Code, §2001.039.
TRD-200400691
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Filed: February 4, 2004
The Texas Higher Education Coordinating Board adopts the review of §§9.1
through 9.186 of Board rules concerning rules applying to program development
in public two-year colleges. The proposed notice of review was published in
the December 12, 2003 issue of the
Texas Register
(28 TexReg 11118). No comments were received regarding the readoption
of rules in this chapter.
During its review, the agency determined that the initial reasons for adopting §§9.1
through 9.186 continue to exist. The rules are therefore readopted in accordance
with the requirements of the Government Code, §2001.039.
As part of the review process but in a separate proposal, the Texas Higher
Education Coordinating Board has proposed the repeal of §§9.1 through
9.186 and proposed new §§9.1 through 9.186 which have been filed
simultaneously with this rule review and readoption. This concludes THECB’s
review of §§9.1 through 9.186 as required by the Texas Government
Code, §2001.039.
TRD-200400692
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Filed: February 4, 2004
The Texas Higher Education Coordinating Board adopts the review of §§10.1
through 10.24 of Board rules concerning rules applying to program development
in public two-year colleges. The proposed notice of review was published in
the December 12, 2003 issue of the
Texas Register
(28 TexReg 11118). No comments were received regarding the readoption
of rules in this chapter.
During its review, THECB determined that the initial reasons for adopting §§10.1
through 10.24 continue to exist. The rules are therefore readopted in accordance
with the requirements of the Government Code, §2001.039.
As part of the review process but in a separate proposal, the Texas Higher
Education Coordinating Board has proposed amendments to the rules which have
been filed simultaneously with this rule review and readoption.
This concludes THECB’s review of §§10.1 through 10.24 as
required by the Texas Government Code, §2001.039.
TRD-200400693
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Filed: February 4, 2004
The Texas Higher Education Coordinating Board adopts the review of §§12.1
through 12.46 of Board rules concerning career schools and colleges. The proposed
notice of review was published in the December 12, 2003 issue of the
During its review, THECB determined that the initial reasons for adopting §§12.1
through 12.46 continue to exist. The rules are therefore readopted in accordance
with the requirements of the Government Code, §2001.039.
As part of the review process but in a separate proposal, the Texas Higher
Education Coordinating Board has proposed the repeal of §§12.1 through
12.46 and new §§12.1 through 12.46 which have been filed simultaneously
with this rule review and readoption.
This concludes THECB’s review of §§12.1 through 12.46 as
required by the Texas Government Code, §2001.039.
TRD-200400694
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Filed: February 4, 2004
The Texas Higher Education Coordinating Board adopts the review of §§13.1
through 13.197 (Financial Planning). The proposed notice of review was published
in the December 12, 2003 issue of the
Texas Register
(28 TexReg 11119). During its review, the Board determined that the
initial reasons for adopting §§13.1 through 13.197 continue to exist.
The rules are therefore readopted in accordance with the requirements of the
Government Code, §2001.039.
As part of the review process but in a separate proposal, the Texas Higher
Education Coordinating Board has proposed amendments to §§13.1 through
13.197 which have been filed simultaneously with this rule review and readoption.
This concludes the Board’s review of §§13.1 through 13.197
as required by the Texas Government Code, §2001.039.
TRD-200400695
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Filed: February 4, 2004
Title 16, Part 9
The Texas Lottery Commission has completed its rule review of Title 16,
Chapter 402, concerning Bingo Regulation and Tax in accordance with Texas
Government Code, §2001.039, which requires each state agency to review
and consider for readoption each of their rules every four years. The review
must include an assessment of whether the reasons for initially adopting the
rules continue to exist.
The proposed notice of intention to review 16 TAC Chapter 402 was published
in the September 26, 2003 issue of the
Texas Register
(28TexReg8387). Comments were received regarding the review of this
Chapter. The Commission received written comment and also received comment
at a public hearing on November 5, 2003. Commenters indicated, for the rules
on which they commented, that the reasons for initially adopting the rules
continue to exist but that the Commission consider revisions to rules. These
rules are §§402.540, 402.541, 402.543, 402.544, 402.545, 402.546,
402.548, 402.550, 402.554, 402.555, 402.558, 402.583, 402.567, 402.568, and
402.583. One commenter indicated that §402.542, relating to investigation
of applicants for licenses, was not necessary since the Commission already
had the statutory authority to compel applicants or licensees to give the
Commission the information the Commission needs to conduct an investigation.
The Commission agrees.
The commission staff reviewed the rules contained in Chapter 402 and believes
the reasons for initially adopting the rules continues to exist, with the
exception of §402.542. The rules to be readopted create the regulatory
framework by which charitable bingo is regulated and administered in Texas.
The rules to be readopted clarify the Bingo Enabling Act statutes and establish
the policy of the commission in its statutory responsibilities to regulate
charitable bingo.
Therefore, the Texas Lottery Commission readopts the following rules that
are contained within 16 TAC Chapter 402.
§402.540. General Licensing Provisions
§402.541. Definitions
§402.543. Denials; Suspensions; Revocations; Hearings
§402.544. License Fees
§402.545. Licenses for Conduct of Bingo Occasions and to Lease Bingo
Premises
§402.546. Temporary Authorization
§402.547. Prohibited Bingo Occasion
§402.548 General Restrictions on the Conduct of Bingo
§402.549 Exemptions from Licensing Requirements
§402.550 Training Program
§402.554 Pull-Tab Bingo
§402.555 Card-Minding Systems
§402.556 Pull-tab or Instant Bingo Dispensers
§402.558 Bingo Card/Paper
§402.567 Bingo Advisory Committee
§402.568 Distribution of Proceeds for Charitable Purposes
§402.571 System Service Provider
§402.580 Bingo Reports
§402.581 Interest on Delinquent Tax
§402.582 Waiver of Penalty, Settlement of Prize Fees, Rental Tax,
Penalty and/or Interest
§402.583 Bonds or Other Security
§402.584 Transfer of Funds
§402.591 Location Verification Inspection
§402.595 Tax Review Inspection
TRD-200400641
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: February 2, 2004
Title 16, Part 2
The Public Utility Commission of Texas (commission) readopts Texas Administrative
Code (TAC), Chapter 27, Rules for Administrative Services pursuant to the
Texas Government Code, Administrative Procedure Act (APA), §2001.039,
APA §2001.039 requires that each state agency review its rules every
four years and readopt, readopt with amendments, or repeal the rules adopted
by that agency pursuant to the Texas Government Code, Chapter 2001. Such reviews
shall include, at a minimum, an assessment by the agency as to whether the
reason for adopting or readopting the rules continues to exist. The commission
requested specific comments on whether the reason for adopting the substantive
rules in Chapter 27 continues to exist. The commission received no comments
on the proposed review of Chapter 27.
The commission finds that the reason for adopting the rules in Chapter
27 continues to exist. The adoption of Chapter 27 complies with Texas Government
Code §2161.003, which requires the commission to adopt the Texas Building
and Procurement Commission rules for Historically Underutilized Businesses
(HUB); Texas Government Code §2260.052, which requires the commission
to develop rules to govern the negotiation and mediation of certain contract
claims against the state; and Texas Government Code §2155.076, which
requires the commission to develop and adopt protest procedures for vendors'
protests concerning commission purchases that are consistent with the Texas
Building and Procurement Commission rules on the same subject.
The commission readopts Chapter 27, Rules for Administrative Services,
pursuant to the Public Utility Regulatory Act (PURA), Texas Utilities Code
Annotated §14.002 and §14.052 (Vernon 1998, Supplement 2004) which
provides the commission with the authority to make and enforce rules reasonably
required in the exercise of its powers and jurisdiction, including rules of
practice and procedure; and pursuant to Texas Government Code §2001.039
(Vernon 2000, Supplement 2004) which requires each state agency to review
and readopt its rules every four years.
Cross Reference to Statutes: Texas Government Code Chapter 2155, Subchapter
B, Chapter 2161 and Chapter 2260
SUBCHAPTER B. HISTORICALLY UNDERUTILIZED BUSINESSES.
§27.31. Historically Underutilized Business Program.
SUBCHAPTER C. NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES.
DIVISION 1: General.
§27.61. Purpose.
§27.63. Applicability.
§27.65. Definitions.
§27.67. Prerequisites to Suit.
§27.69. Sovereign Immunity.
DIVISION 2: Negotiation of Contract Disputes.
§27.81. Notice of Claim of Breach of Contract.
§27.83. Agency Counterclaim.
§27.85. Request for Voluntary Disclosure of Additional Information.
§27.87. Duty to Negotiate.
§27.89. Timetable.
§27.91. Conduct of Negotiation.
§27.93. Settlement Approval Procedures.
§27.95. Settlement Agreement.
§27.97. Costs of Negotiation.
§27.99. Request for Contested Case Hearing.
DIVISION 3: Mediation of Contract Disputes.
§27.111. Mediation Timetable.
§27.113. Conduct of Mediation.
§27.115. Agreement to Mediate.
§27.117. Qualifications and Immunity of the Mediator.
§27.119. Confidentiality of Mediation and Final Settlement Agreement.
§27.121. Costs of Mediation.
§27.123. Settlement Approval Procedures.
§27.125. Initial Settlement Agreement.
§27.127. Final Settlement Agreement.
§27.129. Referral to the State Office of Administrative Hearings (SOAH).
DIVISION 4: Assisted Negotiation Processes.
§27.141. Assisted Negotiation Processes.
§27.143. Factors Supporting the Use of Assisted Negotiation Processes.
§27.145. Use of Assisted Negotiation Processes.
SUBCHAPTER D. VENDOR PROTEST.
§27.161. Procedures for Resolving Vendor Protests.
TRD-200400683
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 3, 2004
Proposed Rule Reviews
Texas Department of Health
Adopted Rule Reviews
Texas Lottery Commission
Public Utility Commission of Texas