Part 18.
TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS
Chapter 376.
VIOLATIONS AND PENALTIES
22 TAC §376.11
The Texas State Board of Podiatric Medical Examiners adopts
an amendment to §376.11 regarding Monitoring Licensee Compliance without
changes to the proposed text that was published in the December 12, 2003 issue
of the
Texas Register
(28 TexReg 11073). The
text will not be republished.
The amendment is being adopted due to an Attorney General Opinion which
stated that the Board did not have the authority to conduct compliance inspections.
No comments were received in response to the proposed rule amendment.
The amendment is being adopted under Texas Occupations Code, §202.151,
which provides the Texas State Board of Podiatric medical Examiners with the
authority to adopt reasonable or necessary rules and bylaws consistent with
the law regulating the practice of podiatry, the law of this state, and the
law of the United States to govern its proceedings and activities, the regulation
of the practice of podiatry and the enforcement of the law regulating the
practice of podiatry.
The adopted amendment implements Texas Occupations Code, §202.204.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 18, 2004.
TRD-200401152
Janie Alonzo
Staff Services Officer III
Texas State Board of Podiatric Medical Examiners
Effective date: March 9, 2004
Proposal publication date: December 12, 2003
For further information, please call: (512) 305-7000
22 TAC §379.1
The Texas State Board of Podiatric Medical Examiners adopts
an amendment to §379.1 regarding Fees and License Renewal without changes
to the proposed text that was published in the December 12, 2003 issue of
the
Texas Register
(28 TexReg 11075). The
text will not be republished.
The amendment is being adopted to include the new fees for House Bill 2985,
Office of Patient Protection that was established in the 78th Legislative
Session.
No comments were received in response to the proposed rule amendments.
The amendment is being adopted under Texas Occupations Code, §202.151,
which provides the Teas State Board of Podiatric Medical Examiners with the
authority to adopt reasonable or necessary rules and bylaws consistent with
the law regulating the practice of podiatry, the law of this state, and the
law of the United States to govern its proceedings and activities, the regulation
of the practice of podiatry and the enforcement of the law regulating the
practice of podiatry.
The adopted amendment implements Texas Occupations Code, §202.153.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 18, 2004.
TRD-200401153
Janie Alonzo
Staff Services Officer III
Texas State Board of Podiatric Medical Examiners
Effective date: March 9, 2004
Proposal publication date: December 12, 2003
For further information, please call: (512) 305-7000
Subchapter A. GENERAL
22 TAC §§390.1, 390.3, 390.5, 390.7, 390.9
The Texas State Board of Podiatric Medical Examiners adopts
new §§390.1, 390.3, 390.5, 390.7, and 390.9 concerning Procedures
for the Negotiation and Mediation of Certain Breach of Contract Claims Asserted
by Contractors against the State of Texas without changes to the proposed
text that was published in the December 12, 2003 issue of the
Texas Register
(28 TexReg 11076). The text will not be republished.
The new rules are being adopted to be in compliance with §2260.052
of the Government Code.
No comments were received in response to the proposed rule amendments.
The new rules are being adopted under Texas Occupations Code, §202.151,
which provides the Texas State Board of Podiatric Medical Examiners with the
authority to adopt reasonable or necessary rules and bylaws consistent with
the law regulating the practice of podiatry, the law of this state, and the
law of the United States to govern its proceedings and activities, the regulation
of the practice of podiatry and the enforcement of the law regulating the
practice of podiatry.
The adopted new sections implement Texas Government Code, §2260.052.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 18, 2004.
TRD-200401154
Janie Alonzo
Staff Services Officer III
Texas State Board of Podiatric Medical Examiners
Effective date: March 9, 2004
Proposal publication date: December 12, 2003
For further information, please call: (512) 305-7000
22 TAC §§390.21, 390.23, 390.25, 390.27, 390.29, 390.31, 390.33, 390.35, 390.37, 390.39
The Texas State Board of Podiatric Medical Examiners adopts
new §§390.21, 390.23, 390.25, 390.27, 390.29, 390.31, 390.33, 390.35,
390.37, and 390.39, concerning Negotiation of Contract Disputes without changes
to the proposed text as published in the December 12, 2003, issue of the
The new sections are being adopted to be in compliance with §2260.052
of the Government Code.
No comments were received in response to the proposed new sections.
The new sections are being adopted under Texas Occupations Code, §202.151,
which provides the Texas State Board of Podiatric Medical Examiners with the
authority to adopt reasonable or necessary rules and bylaws consistent with
the law regulating the practice of podiatry, the law of this state, and the
law of the United States to govern its proceedings and activities, the regulation
of the practice of podiatry and the enforcement of the law regulating the
practice of podiatry.
The adopted new sections implement Texas Government Code, §2260.052.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 18, 2004.
TRD-200401155
Janie Alonzo
Staff Services Officer III
Texas State Board of Podiatric Medical Examiners
Effective date: March 9, 2004
Proposal publication date: December 12, 2003
For further information, please call: (512) 305-7000
22 TAC §§390.47, 390.49, 390.51, 390.53, 390.55, 390.57, 390.59, 390.61, 390.63, 390.65
The Texas State Board of Podiatric Medical Examiners adopts
new §§390.47, 390.49, 390.51, 390.53, 390.55, 390.57, 390.59, 390.61,
390.63, and 390.65, concerning Mediation of Contract Disputes. Section 390.49
and §390.57 are adopted with changes to the proposed text as published
in the December 12, 2003, issue of the
Texas Register
(28 TexReg 11079). Sections 390.47, 390.51, 390.53, 390.55, 390.59,
390.61, 390.63, and 390.65 are adopted without changes and the text will not
be republished.
The new sections are being adopted to be in compliance with §2260.052
of the Government Code.
No comments were received in response to the proposed new sections.
The new sections are being adopted under Texas Occupations Code, §202.151,
which provides the Texas State Board of Podiatric Medical Examiners with the
authority to adopt reasonable or necessary rules and bylaws consistent with
the law regulating the practice of podiatry, the law of this state, and the
law of the United States to govern its proceedings and activities, the regulation
of the practice of podiatry and the enforcement of the law regulating the
practice of podiatry.
The adopted new sections implement Texas Government Code, §2260.052.
§390.49.Conduct of Mediation.
(a)
Mediation is a consensual process in which an impartial
third party, the mediator, facilitates communication between the parties to
promote reconciliation, settlement, or understanding among them. A mediator
may not impose his or her own judgment on the issues for that of the parties.
The mediator must be acceptable to both parties.
(b)
The mediation is subject to the provisions of the Governmental
Dispute Resolution Act, Government Code, Chapter 2009. For purposes of this
subchapter, "mediation" is assigned the meaning set forth in the Civil Practice
and Remedies Code, §154.023.
(c)
To facilitate a meaningful opportunity for settlement,
the parties shall, to the extent possible, select representatives who are
knowledgeable about the dispute, who are in a position to reach agreement,
or who can credibly recommend approval of an agreement.
§390.57.Costs of Mediation.
Unless the contractor and unit of state government agree otherwise,
each party shall be responsible for its own costs incurred in connection with
the mediation, including costs of document reproduction for documents requested
by such party, attorney's fees, and consultant or expert fees. The costs of
the mediation process itself shall be divided equally between the parties.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 18, 2004.
TRD-200401156
Janie Alonzo
Staff Services Officer III
Texas State Board of Podiatric Medical Examiners
Effective date: March 9, 2004
Proposal publication date: December 12, 2003
For further information, please call: (512) 305-7000
22 TAC §§390.71, 390.73, 390.75
The Texas State Board of Podiatric Medical Examiners adopts
new §§390.71, 390.73, and 390.75, concerning Assisted Negotiation
Processes without changes to the proposed text as published in the December
12, 2003, issue of the
Texas Register
(28
TexReg 11080). The text will not be republished.
The new sections are being adopted to be in compliance with §2260.052
of the Government Code.
No comments were received in response to the proposed new sections.
The new sections are being adopted under Texas Occupations Code, §202.151,
which provides the Texas State Board of Podiatric Medical Examiners with the
authority to adopt reasonable or necessary rules and bylaws consistent with
the law regulating the practice of podiatry, the law of this state, and the
law of the United States to govern its proceedings and activities, the regulation
of the practice of podiatry and the enforcement of the law regulating the
practice of podiatry.
The adopted new sections implement Texas Government Code, §2260.052.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 18, 2004.
TRD-200401157
Janie Alonzo
Staff Services Officer III
Texas State Board of Podiatric Medical Examiners
Effective date: March 9, 2004
Proposal publication date: December 12, 2003
For further information, please call: (512) 305-7000
Chapter 461.
GENERAL RULINGS
22 TAC §461.11
The Texas State Board of Examiners of Psychologists adopts
amendments to §461.11, concerning Continuing Education without changes
to the proposed text as published in the December 5, 2003 issue of the
The amendments are being adopted to allow licensees to use continuing education
obtained in the last month of the renewal period towards compliance for the
next renewal period.
The adopted amendments will make the rule easier for the licensees and
public to follow and understand.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 19, 2004.
TRD-200401171
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 10, 2004
Proposal publication date: December 5, 2003
For further information, please call: (512) 305-7700
22 TAC §463.9
The Texas State Board of Examiners of Psychologists adopts
amendments to §463.9, concerning Licensed Specialist in School Psychology
without changes to the proposed text as published in the December 5, 2003
issue of the
Texas Register
(28 TexReg 10868).
The amendments are being adopted to clarify requirements and qualification
for licensed specialist in school psychology.
The adopted amendments will make the rule easier for the licensees and
public to follow and understand.
No comments were received regarding the adoption of the amendments.
The amendments are adopted under Texas Occupations Code, Title
3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners
of Psychologists with the authority to make all rules, not inconsistent with
the Constitution and Laws of this State, which are reasonably necessary for
the proper performance of its duties and regulations of proceedings before
it.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 19, 2004.
TRD-200401169
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Effective date: March 10, 2004
Proposal publication date: December 5, 2003
For further information, please call: (512) 305-7700
Chapter 379.
FEES AND LICENSE RENEWAL
Chapter 390.
PROCEDURES FOR THE NEGOTIATION AND MEDIATION OF CERTAIN BREACH OF CONTRACT CLAIMS ASSERTED BY CONTRACTORS AGAINST THE STATE OF TEXAS
Subchapter B. NEGOTIATION OF CONTRACT DISPUTES
Subchapter C. MEDIATION OF CONTRACT DISPUTES
Subchapter D. ASSISTED NEGOTIATION PROCESSES
Part 21.
TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS
Chapter 463.
APPLICATIONS AND EXAMINATIONS
Chapter 471.
RENEWALS