TITLE rule-review

The Texas Credit Union Commission will review and consider Chapter 91, §§91.101 (Definitions), 91.201 (Incorporation Procedures), 91.301 (Field of Membership), and 91.302 (Election Ballots) of Title 7, Part 6 of the Texas Administrative Code in preparation for the Credit Union Commission's Rule Review as required by Section 2001.39, Government Code.

Comments or questions regarding these rules may be submitted in writing to Kerri T. Galvin, General Counsel, Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699, or electronically to Kerri.Galvin@tcud.state.tx.us.

TRD-200401081

Harold E. Feeney

Commissioner

Credit Union Department

Filed: February 17, 2004

The Texas Credit Union Commission will review and consider Chapter 97, §97.205 (Historically Underutilized Businesses) of Title 7, Part 6 of the Texas Administrative Code in preparation for the Credit Union Commission's Rule Review as required by Section 2001.39, Government Code.

TRD-200401082

Harold E. Feeney

Commissioner

Credit Union Department

Filed: February 17, 2004

Department of Information Resources

Title 1, Part 10

The Department of Information Resources (DIR) files this notice of intention to review and consider for readoption, revision or repeal Title 1, Texas Administrative Code, Chapter 201, § 201.11, "Procedure for Adoption of Information Resources Standards and Policies." The review and consideration of the rule are conducted in accordance with Texas Government Code §2001.039. The review will include, at a minimum, an assessment by DIR of whether the reasons the rule was initially adopted continue to exist and whether the rule should be readopted.

Any questions or written comments pertaining to this rule review may be submitted to Renee Mauzy, General Counsel, via mail at P. O. Box 13564, Austin, Texas 78711, via facsimile transmission at (512) 475-4759 or via electronic mail at renee.mauzy@dir.state.tx.us. The deadline for comments is thirty (30) days after publication of this notice in the Texas Register . Any proposed changes to these rules as a result of the rule review will be published in the Proposed Rule section of the Texas Register. The proposed rule changes will be open for public comment prior to final adoption or repeal of the rule by DIR in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

TRD-200401080

Renee Mauzy

General Counsel

Department of Information Resources

Filed: February 17, 2004

Texas State Board of Medical Examiners

Title 22, Part 9

The Texas State Board of Medical Examiners proposes to review 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 proposing amendments to §§163.1-163.7, 163.11 and 163.12, 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-200401007

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Filed: February 13, 2004

Texas Water Development Board

Title 31, Part 10

The Texas Water Development Board (board) files this notice of intent to review 31 TAC, Part 10, Chapter 370, Colonia Plumbing Loan Program, in accordance with the Texas Government Code, §2001.039. The board finds that the reason for adopting the chapter continues to exist. The board concurrently proposes 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 proposes 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.

As required by §2001.039 of the Texas Government Code, the board will accept comments and make a final assessment regarding whether the reason for adopting each of the rules in 31 TAC Chapter 370 continues to exist. The comment period will last 30 days beginning with the publication of this notice of intention to review.

Comments or questions regarding this rule review may be submitted to Jonathan Steinberg, Deputy Counsel, Texas Water Development Board, P.O. Box 13231, Austin, Texas, 78711-3231, by e-mail to jonathan.steinberg@twdb.state.tx.us or by fax @ 512/463-5580.

TRD-200401119

Jonathan Steinberg

Deputy Counsel

Texas Water Development Board

Filed: February 18, 2004

Adopted Rule Reviews

Texas Commission on Environmental Quality

Title 30, Part 1

The Texas Commission on Environmental Quality (commission) adopts the rules review and readopts Chapter 14, Grants, without changes, 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. Any updates, consistency issues, or other changes, if needed, will be addressed in a separate rulemaking. The notice of intention to review was published in the December 5, 2003 issue of the Texas Register (28 TexReg 10978).

CHAPTER SUMMARY

Chapter 14 provides information and requirements related to grants. Chapter 14 includes: definitions specific to this chapter; the authority for the agency to award grants; the applicability or purpose that a grant may or may not be awarded; the types of funding that the agency may use for awarding grants; the means for determining recipient eligibility requirements and recipient selection criteria; guidelines for solicitations using requests for proposals; circumstances when a grant may be made by direct award; notice requirements; payment procedures; the means for determining eligible activities and delegating authority; and the effect of the chapter on prior grants.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission conducted a review and determined that the reasons for the rules in Chapter 14 continue to exist. The rules are needed to implement Texas Water Code, §5.124, which authorizes the agency to award grants for any purpose regarding resource conservation or environmental protection.

PUBLIC COMMENT

The comment period closed January 5, 2004. No comments were received.

TRD-200401087

Kevin McCalla

Director, General Law Division

Texas Commission on Environmental Quality

Filed: February 17, 2004

The Texas Commission on Environmental Quality (commission) adopts the rules review and readopts Chapter 295, Water Rights, Procedural, without changes, in accordance with 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. Any updates, consistency issues, or other changes, if needed, will be addressed in a separate rulemaking. The notice of intention to review was published in the September 26, 2003 issue of the Texas Register (28 TexReg 8387).

CHAPTER SUMMARY

Chapter 295, Subchapter A, Requirements of Water Rights Applications General Provisions, contains general requirements on the contents of an application. In addition, the subchapter contains requirements for applications regarding: the storage of appropriated surface water in aquifers; agriculture use authorizations; dams and reservoirs; permits under Texas Water Code, §11.143; temporary permits; amendments to water use permits and extensions of time; diversion for domestic or livestock use from unsponsored and storage-limited projects; and an emergency water use permit. Also included are requirements for filing water supply contracts and amendments; requirements for applications to use bed and banks; and specifications for maps, plats, and drawings accompanying an application for a water use permit. Subchapter B, Water Use Permit Fees, contains the requirements for water use permit fees. Subchapter C, Notice Requirements for Water Right Applications, contains notice requirements for water use permit applications. Subchapter D, Public Hearing, contains the requirements for a public hearing. Subchapter E, Special Actions of the Commission, contains requirements on special actions of the commission, and Subchapter F, Miscellaneous, contains requirements on filing of instruments and reports.

ASSESSMENT OF WHETHER THE REASONS FOR THE RULES CONTINUE TO EXIST

The commission conducted a review and determined that the reasons for the rules in Chapter 295 continue to exist. The rules are necessary to provide details of the procedural requirements, including filing and fee requirements, to implement Texas Water Code, Chapter 11. The rules also include descriptions of the public notices required for each application, information related to public hearings, and a definition of special actions that may be taken by the commission related to specific types of water rights. The rules are necessary for the regulation of state waters by the commission. Chapter 295 was adopted in accordance with Texas Water Code, Chapter 11, Water Rights.

PUBLIC COMMENT

The public comment period closed on October 27, 2003. No comments were received.

TRD-200401088

Stephanie Bergeron

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: February 17, 2004

Texas State Board of Pharmacy

Title 22, Part 15

The Texas State Board of Pharmacy adopts the review of Chapter 291, Subchapter B, §§291.31 - 291.34 and §291.36, concerning Community Pharmacy (Class A), pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules. The proposed review was published in the December 26, 2003, issue of the Texas Register (28 TexReg 11630).

In conjunction with this review, the agency adopts amendments to Chapter 291, Subchapter B, §§291.31 - 291.34 and §291.36, published elsewhere in this issue of the Texas Register . The agency finds the reason for adopting the rules continue to exist.

TRD-200401068

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: February 13, 2004

Texas Water Development Board

Title 31, Part 10

Pursuant to the notice of intent to review published in the November 28, 2003 issue of the Texas Register , (28 TexReg 10782), the Texas Water Development Board (the board) has reviewed and considered for readoption 31 TAC, Part 10, Chapter 367, Agricultural Water Conservation 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 rules because they govern the board's program of financial assistance for agricultural water conservation as established by Texas Water Code, Chapters 15 and 17. As a result of the rule review, the board adopts the repeal of 31 TAC Chapter 367, Subchapter A, Grants for Equipment Purchases, §§367.1 - 367.3 and §§367.21 - 367.30, Subchapter B, Agricultural Water Conservation Loan Program, §§367.40 - 367.51, Subchapter C, Grants to State Agencies, §§367.71 - 367.77, and adopts new §§367.1 - 367.14, concerning Agricultural Water Conservation Program. This completes the board's review of 31 TAC Chapter 367.

TRD-200401116

Jonathan Steinberg

Deputy Counsel

Texas Water Development Board

Filed: February 18, 2004