TITLE rule-review

Proposed Rule Reviews

Commission on State Emergency Communications

Title 1, Part 12

The Commission on State Emergency Communications (CSEC) proposes to re-adopt Texas Administrative Code, Title 1, Part 12, Chapter 255 concerning Finance. This review and consideration is being conducted in accordance with Government Code, §2001.039.

Sections 255.1, 255.2, 255.4, 255.5, 255.7 and 255.8 are currently being proposed for amendment elsewhere in this issue of the Texas Register .

Comments on the rule review of sections in Chapter 255 should be submitted to Paul Mallett, Executive Director, Commission on State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701; phone 512-306-6911; or fax 512-305-6937.

§255.1. Statewide 9-1-1 Equalization Surcharge.

§255.2. Definition of Intrastate Long-Distance Service.

§255.4. Definition of a Local Exchange Access Line or an Equivalent Local Exchange Access Line.

§255.5. Optional Use of an Uncollectible Factor.

§255.7. 9-1-1 Service Fee and Surcharge Billing and Remittance Authorization.

§255.8. 9-1-1 District Funding Policy.

TRD-200401257

Paul Mallett

Executive Director

Commission on State Emergency Communications

Filed: February 23, 2004


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 72 (Memoranda of Understanding with Other State Agencies) in accordance with the Government Code, §2001.039. During this review, DHS will assess whether the reasons for adopting this chapter 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-091, Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030 or (512) 438-4162.

TRD-200401222

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: February 20, 2004


Texas Parks and Wildlife Department

Title 31, Part 2

The Texas Parks and Wildlife Department files this notice of intention to review Texas Administrative Code Title 31, Part 2, as follows:

Chapter 52: WILDLIFE AND FISHERIES

§52.101. Purpose and Scope.

§52.102. Definitions.

§52.103. Goals.

§52.104. Policy of the Department.

§52.105. Powers and Duties of the Executive Director.

§52.201. Departmental Stocking under Federal Funding Guidelines.

§52.202. Conditions for Stockings Made or Authorized by the Department.

§52.301. Non-Federally funded Departmental Stocking.

§52.401. Fish Stocking in Private Waters.

This review is pursuant to the Texas Government Code, §2001.039.

The Commission will accept comments for 30 days following the publication of this notice in the Texas Register as to whether the reasons for adopting the sections under review continue to exist and to determine whether the rules reflect current legal, policy, and procedural considerations. Final consideration of this rules review is scheduled for the Parks and Wildlife Commission on April 8, 2004.

Any questions or written comments pertaining to this notice of intention to review should be directed to Gene McCarty, Chief of Staff, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, TX , 78744. Any proposed changes to rules as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption or repeal of the Commission.

TRD-200401437

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Filed: February 25, 2004


The Texas Parks and Wildlife Department files this notice of intention to review Texas Administrative Code Title 31, Part 2, as follows:

Chapter 53: Finance

Subchapter A: License Fees and Boat and Motor Fees

§53.1. License Issuance Procedures, Fees, Possession and Exemption Rules.

§53.2. Combination Hunting and Fishing Licenses and Packages.

§53.3. Other Recreational Hunting and Fishing Licenses, Stamps, and Tags.

§53.4. Commercial Hunting/Trapping Licenses and Permits.

§53.5. Public Land Hunting Permits and Fees.

§53.6. Commercial Fishing Licenses and Tags.

§53.7. Business Licenses and Permits.

§53.8. Miscellaneous Wildlife Licenses and Permits.

§53.9. Investment of Lifetime License Endowment Fund.

§53.10. Vessel and Motor Fees Set by Commission.

NOTE: The contents of this

Subchapter are proposed for rule action elsewhere in this issue.

Subchapter B: Stamps

§53.11. Stamp Form.

§53.12. Stamp Design.

§53.13. Stamp Manner of Issuance.

§53.14. Stamp Purchaser Identification and Possession Requirements.

§53.15. Stamp Exemptions.

§53.16. Obsolete Stamps and Decals.

NOTE: The contents of this

Subchapter are proposed for rule action elsewhere in this issue.

Subchapter C: Vessel Registration Agents and Surety Bonds

§53.17. Authorized Vessel Registration Agent for the Department.

§53.18. Surety Bond Requirements.

NOTE: The contents of this

Subchapter are proposed for rule action elsewhere in this issue.

Subchapter D: License Deputies

§53.22. License Deputy Appointment and Cancellation Procedures.

§53.25. License Deputy Collection and Issuance Fees.

NOTE: The contents of this

Subchapter are proposed for rule action elsewhere in this issue.

Subchapter E: Selling Price of Departmental Information

§53.35. Release and Sale of Customer Information.

NOTE: The contents of this

Subchapter are proposed for rule action elsewhere in this issue.

Subchapter F: Commercial Fishing Boat Numbers

§53.41. Composition and Issuance.

NOTE: The contents of this

Subchapter are proposed for rule action elsewhere in this issue.

Subchapter G: Texas Freshwater Fisheries Center Admission Fees

§53.50. Texas Freshwater Fisheries Center Admission; Fees and Other Entrance Requirements.

NOTE: The contents of this

Subchapter are proposed for rule action elsewhere in this issue.

Subchapter H. Marine Safety Enforcement - Training and Certification Fees

§53.60. Law Enforcement Training and Certification Fees.

NOTE: The contents of this

Subchapter are proposed for rule action elsewhere in this issue.

Subchapter I. Protest Procedures for Vendors

§53.70. Vendor Protest Procedure.

NOTE: The contents of this

Subchapter are proposed for rule action elsewhere in this issue.

Subchapter J. Exemptions for Disabled Veterans

§53.90. Exemptions from Stamp Fees.

NOTE: The contents of this

Subchapter are proposed for rule action elsewhere in this issue.

Subchapter K. License Standards

§53.100. License Format and Legibility.

NOTE: The contents of this

Subchapter are proposed for rule action elsewhere in this issue.

Subchapter L. Marine Dealers, Distributors, and Manufacturers

§53.200. Definitions.

§53.201. Application, Renewal, Transfer, and Replacement.

§53.202. Notification--Change of Dealer, Manufacturer, Distributor Status.

§53.203. Display of License.

§53.204. Reporting and Recordkeeping Requirements.

§53.205. Display of Registration Validation Sticker.

§53.206. Bonded Title--Acceptable Situations.

NOTE: The contents of this

Subchapter are proposed for rule action elsewhere in this issue.

This review is pursuant to the Texas Government Code, §2001.039.

The Commission will accept comments for 30 days following the publication of this notice in the Texas Register as to whether the reasons for adopting the sections under review continue to exist and to determine whether the rules reflect current legal, policy, and procedural considerations. Final consideration of this rules review is scheduled for the Parks and Wildlife Commission on April 8, 2004.

Any questions or written comments pertaining to this notice of intention to review should be directed to Gene McCarty, Chief of Staff, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, TX , 78744. Any proposed changes to rules as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption or repeal of the Commission.

TRD-200401546

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Filed: February 26, 2004


The Texas Parks and Wildlife Department files this notice of intention to review Texas Administrative Code Title 31, Part 2, as follows:

CHAPTER 55. LAW ENFORCEMENT

Subchapter B. Seizure, Care, and Disposition of Contraband

§55.10. Application

§55.12. Definitions

§55.14. Notice of Forfeiture Proceeding

§55.16. Property Subject to Lien or Perfected Security Instrument

§55.18. Care and Custody of Seized Property Pending Court Hearing

§55.20. Setting of Forfeiture Hearing

Subchapter C. Deputy and Special Game Warden Commission

§55.61. Definitions

§55.62. Deputy Game Wardens

§55.63. Special Game Wardens

§55.64. Additional Requirements

Subchapter D. Operation Game Thief Fund

§55.111. Definitions.

§55.112. Donations and Disbursements.

§55.113. Reporting Violations; Eligibility of Applicant.

§55.114. Rewards: Payment.

§55.115. Limitations: Unclaimed Rewards.

§55.116. Death Benefits: Payment.

Subchapter E. Permits for Aerial Management of Wildlife and Exotic Species

§55.141. Applicability.

§55.142. Definitions.

§55.143. General Rules.

§55.144. Application for Permit.

§55.145. Issuance of Permit.

§55.146. Period of Validity of Permit.

§55.147. Amendment of Permit.

§55.148. Renewal of Permit.

§55.149. Permit Not Transferable.

§55.150. Permit Fee.

§55.151. Landowner Authorization.

§55.152. Reports.

§55.153. Penalty.

Subchapter F. Floating Cabins

§55.201. Definitions.

§55.202. Issuance, Renewal, and Transfer of Permits

§55.203. Relocation Requirements

§55.204. Replacement Requirements

§55.205. Identification and Marking Requirements

§55.206. Permit Purchase Program

§55.207. Specifications for Marine Sanitation Devices

Subchapter G. Boat Speed Limit and Buoy Standard

§55.301. Application.

§55.302. Definitions.

§55.303. General Rules.

§55.304. System of Markers.

§55.305. Penalties.

Subchapter I. Disposition of Dangerous Wild Animals

§55.501. Application.

§55.503. Disposition of Live Animals.

§55.505. Disposition of Carcass, Hide, or Part of Animal, or Product Made from Animal.

Subchapter J. Mandatory Hunter Education Program

§55.603. Hunter Education Course and Instructors.

§55.605. Hunter Education Requirements.

§55.607. Other Non-Certified Persons.

§55.609. Hunter Education Fees.

NOTE: The contents of

§55.607 and

§55.609 are proposed for rule action elsewhere in this issue.

Subchapter K. Mandatory Boater Education Program

§55.701. Boater Education Program.

§55.703. Boater Education Requirements.

§55.705. Boater Education Exemptions.

§55.707. Effective Date.

Subchapter L. Marine Safety Enforcement- Training and Certification Standards

§55.801. Application.

§55.802. Definitions.

§55.803. General Rules.

§55.804. Marine Safety Enforcement Officer Course Standards.

§55.805. Marine Safety Enforcement Officer Instructor Course Standards.

§55.806. Reporting Requirements.

§55.807. Fees.

This review is pursuant to the Texas Government Code, §2001.039.

The Commission will accept comments for 30 days following the publication of this notice in the Texas Register as to whether the reasons for adopting the sections under review continue to exist and to determine whether the rules reflect current legal, policy, and procedural considerations. Final consideration of this rules review is scheduled for the Parks and Wildlife Commission on April 8, 2004.

Any questions or written comments pertaining to this notice of intention to review should be directed to Gene McCarty, Chief of Staff, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, TX , 78744. Any proposed changes to rules as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption or repeal of the Commission.

TRD-200401547

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Filed: February 26, 2004


The Texas Parks and Wildlife Department files this notice of intention to review Texas Administrative Code Title 31, Part 2, as follows:

Chapter 58. OYSTERS AND SHRIMP

Subchapter A. Statewide Oyster Fishery Proclamation

§58.10. Application.

§58.11. Definitions.

§58.12. Texas Oyster Fishery Management Plan.

§58.21. Taking or Attempting To Take Oysters from Public Oyster Beds: General Rules.

§58.22. Commercial Fishing.

§58.23. Non-Commercial (Recreational) Fishing.

§58.24. Penalties.

§58.30. Private Oyster Leases.

§58.40. Oyster Transplant Permits.

§58.50. Oyster Harvest Permits.

§58.60. Transplant or Harvest Permit Cancellation.

NOTE: Sections 58.22, 58.23, 58.40, 58.50, and 58.60 have been proposed for rule action elsewhere in this issue.

This review is pursuant to the Texas Government Code, §2001.039.

The Commission will accept comments for 30 days following the publication of this notice in the Texas Register as to whether the reasons for adopting the sections under review continue to exist and to determine whether the rules reflect current legal, policy, and procedural considerations. Final consideration of this rules review is scheduled for the Parks and Wildlife Commission on April 8, 2004.

Any questions or written comments pertaining to this notice of intention to review should be directed to Gene McCarty, Chief of Staff, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, TX , 78744. Any proposed changes to rules as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption or repeal of the Commission.

TRD-200401548

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Filed: February 26, 2004


The Texas Parks and Wildlife Department files this notice of intention to review Texas Administrative Code Title 31, Part 2, as follows:

CHAPTER 65. WILDLIFE

Subchapter A. Statewide Hunting and Fishing Proclamation

Division 1. General Provisions

§65.1. Application.

§65.3. Definitions.

§65.5. Importation of Wildlife.

§65.7. Harvest Log.

§65.8. Alternative Licensing System.

§65.10. Possession of Wildlife Resources.

§65.11. Lawful Means.

§65.19. Hunting Deer with Dogs.

§65.24. Permits.

§65.25. Wildlife Management Plan (WMP).

§65.26. Managed Lands Deer (MLD) Permits.

§65.27. Antlerless and Spike-Buck Deer Control Permits (control permits).

§65.28. Landowner Assisted Management Permit System (LAMPS).

§65.29. Bonus Tag.

§65.30. Pronghorn Antelope Permits.

§65.31. Desert Bighorn Sheep Permits.

§65.32. Antlerless Mule Deer Permits.

§65.33. Mandatory Check Stations.

Note: The contents of §§65.3, 65.7, 65.10, 65.26, and 65.28-65.30 are proposed for rule action elsewhere in this issue.

Division 2. Open Seasons and Bag Limits--Hunting Provisions

§65.38. Game Animals: Open Seasons and Bag Limits.

§65.40. Pronghorn Antelope: Open Seasons and Bag Limits.

§65.42. Deer.

§65.44. Javelina: Open Seasons and Annual Bag Limits.

§65.46. Squirrel: Open Seasons, Bag, and Possession Limits.

§65.48. Desert Bighorn Sheep: Open Seasons and Annual Bag Limits.

§65.54. Game Birds: Open Seasons and Bag Limits.

§65.56. Lesser Prairie Chicken: Open Seasons, Bag, and Possession Limits.

§65.60. Pheasant: Open Seasons, Bag, and Possession Limits.

§65.62. Quail: Open Seasons, Bag, and Possession Limits.

§65.64. Turkey.

§65.66. Chachalacas.

NOTE: The contents of §§65.38, 65.42, 65.60, and 65.64 are proposed for rule action elsewhere in this issue.

Division 3. Seasons and Bag Limits--Fishing Provisions

§65.71. Reservoir Boundaries.

§65.72. Fish.

§65.78. Crabs and Ghost Shrimp.

§65.82. Other Aquatic Life.

§65.91. Penalty for Violation.

NOTE: The contents of §§65.72, 65.78, and 65.82 are proposed for rule action elsewhere in this issue.

Subchapter C. Permits for Trapping, Transporting, and Transplanting Game Animals and Game Birds

§65.101. Definitions.

§65.103. Trap, Transport, and Transplant Permit.

§65.105. Urban White-Tailed Deer Removal Permit.

§65.107. Permit Applications and Fees.

§65.109. Issuance of Permit.

§65.111. Permit Conditions and Period of Validity.

§65.113. Marking of Game Animals and Game Birds.

§65.115. Notification, Recordkeeping, and Reporting Requirements.

§65.116. Nuisance Squirrels.

§65.117. Prohibited Acts.

§65.119. Penalties.

NOTE: The contents of §65.103 are proposed for rule action elsewhere in this issue.

Subchapter D. Deer Management Permit

§65.131. Deer Management Permit (DMP).

§65.132. Permit Application and Fees.

§65.133. General Provisions.

§65.134. Facility Standards.

§65.135. Detention and Marking of Deer.

§65.136. Release.

§65.137. Disposition of Mortalities.

§65.138. Violations and Penalties.

Subchapter G. Threatened and Endangered Nongame Species

§65.171. General Provisions.

§65.172. Exceptions.

§65.173. Special Provisions.

§65.174. Permanent Identification.

§65.175. Threatened Species.

§65.176. Violations and Penalties.

Subchapter H. Public Lands Proclamation

§65.190. Application.

§65.191. Definitions.

§65.192. Powers of the Executive Director.

§65.193. Access Permit Required and Fees.

§65.194. Competitive Hunting Dog Event (Field Trial) Permits and Fees.

§65.195. Permit Revocation.

§65.196. Refund of Permit Fees.

§65.197. Reinstatement of Preference Points.

§65.198. Entry, Registration and Checkout.

§65.199. General Rules of Conduct.

§65.200. Construction of Blinds.

§65.201. Motor Vehicles.

§65.202. Minors Hunting on Public Hunting Lands.

§65.203. Hunter Safety.

§65.208. Penalties.

Subchapter J. Bobcat Proclamation

§65.251. Definitions.

§65.252. Bobcat Season.

§65.253. General Provisions.

§65.254. Bobcat Tags.

§65.255. Bobcat Dealer Permits.

§65.256. Penalties.

Subchapter O. Commercial Nongame Permits

§65.325. Applicability.

§65.326. Definitions.

§65.327. Permit Required.

§65.329. Permit Application.

§65.330. Record and Reporting Requirements.

§65.331. Affected Species.

§65.332. Violations and Penalties.

Subchapter T. Scientific Breeder Permit

§65.601. Definitions.

§65.602. Permit Requirement and Permit Privileges.

§65.603. Application and Permit Issuance.

§65.605. Holding Facility Standards and Care of Deer.

§65.607. Marking of Deer.

§65.608. Annual Reports and Records.

§65.609. Purchase of Deer and Purchase Permit.

§65.610. Transport of Deer and Transport Permit.

§65.611. Prohibited Acts.

§65.612. Disposition of Deer.

§65.613. Penalties.

Subchapter V. Wildlife Management Association Area Hunting Lease License

§65.801. Definitions.

This review is pursuant to the Texas Government Code, §2001.039.

The Commission will accept comments for 30 days following the publication of this notice in the Texas Register as to whether the reasons for adopting the sections under review continue to exist and to determine whether the rules reflect current legal, policy, and procedural considerations. Final consideration of this rules review is scheduled for the Parks and Wildlife Commission on April 8, 2004.

Any questions or written comments pertaining to this notice of intention to review should be directed to Gene McCarty, Chief of Staff, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, TX , 78744. Any proposed changes to rules as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption or repeal of the Commission.

TRD-200401549

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Filed: February 26, 2004


Adopted Rule Reviews

Texas Department of Banking

Title 7, Part 2

The Finance Commission of Texas (commission) has completed the review of Texas Administrative Code, Title 7, Chapter 29 (Sale of Checks Act), comprised of §29.1, concerning permissible investments, §29.2, concerning fees and assessments; §29.3, concerning exemption for commercial transactions; §29.4, concerning sale of checks license applications; §29.11, concerning effect of criminal convictions on licenses; and §29.21, concerning consumer complaint information.

Notice of the review of this Chapter was published in the August 29, 2003, issue of the Texas Register (28 TexReg 7423). No comments were received in response to the notice.

The commission believes that the reasons for the initial adoption of §29.3, concerning exemption for commercial transactions, no longer exists. Section 29.3 was adopted to implement former Finance Code, §152.103, which authorized the banking commissioner, by rule, to exempt persons engaged in certain commercial transactions in interstate commerce from the licensing requirements of Finance Code, Chapter 152 (Chapter 152). As a result of amendments to Chapter 152 adopted by the legislature in 2001, §29.3 is unnecessary. The commission is proposing the repeal of §29.3 at the same time as this rule review adoption.

The commission further believes that the reasons for initially adopting the remaining sections in Chapter 29, specifically §§29.1, 29.2, 29.4, 29.11 and 29.21, continue to exist and that these sections should be readopted without changes. However, as a result of the rule review, the commission has identified certain clarifying and updating revisions that are appropriate and necessary, including revisions to conform the sections' terminology and statutory references to current law. The commission has also identified several additional matters relating to the regulation of the sale of checks that need to be addressed by rule. A comprehensive drafting project is underway to revise Chapter 29 and rewrite the chapter in plain language, and the commission will propose amendments to Chapter 29 later this year.

Subject to the proposed repeal of §29.3, published in this issue of the Texas Register , the commission finds that the reasons for initially adopting Chapter 29 continue to exist and readopts these sections without changes in accordance with the requirements of Government Code, §2001.039.

TRD-200401230

Everette D. Jobe

Certifying Official

Texas Department of Banking

Filed: February 20, 2004


Texas Building and Procurement Commission

Title 1, Part 5

In accordance with the rule review plan filed September 13, 2000 and published in the September 29, 2000 issue of the Texas Register (25 TexReg 9965), and the Texas Government Code, §2001.039, the Texas Building and Procurement Commission adopts the rule review of Chapter 126, State Surplus and Salvage Program, as published in the December 5, 2003, issue of the Texas Register , (28 TexReg 10977).

Chapter 126 relates to the disposition of state and federal surplus and salvage property to the public.

The Commission conducted a review and determined that the reasons for the rules in Chapter 126 continue to exist. The rules are needed to provide the public with information on procedures for the disposition of state and federal surplus and salvage property.

No comments were received on the rule review.

This completes the rule review of Chapter 126.

TRD-200401371

Cynthia de Roch

General Counsel

Texas Building and Procurement Commission

Filed: February 24, 2004


Office of Consumer Credit Commissioner

Title 7, Part 5

The Office of Consumer Credit Commissioner (agency) has completed the review of Texas Administrative Code, Title 7, Part 5, Chapter 82 (Administration), comprised of §§82.1-82.2, concerning Custody of Criminal History Record Information and Public Information Requests, Charges, pursuant to §2001.039, Texas Government Code.

Notice of the review was published in the November 28, 2003, issue of the Texas Register (28 TexReg 10781). The agency received no comments in response to the notice.

The Office of Consumer Credit Commissioner, which administers this rule, believes that the reasons for adopting the rule contained in this chapter continue to exist and readopts this chapter without changes in accordance with the requirements of Texas Government Code, §2001.039.

TRD-200401278

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: February 23, 2004


Credit Union Department

Title 7, Part 6

The Credit Union Commission has completed the review of Texas Administrative Code Title 7, Chapter 91, §§91.601 relating to share and deposit accounts; 91.610 relating to safe deposit box facilities; 91.805 relating to loan participation investments; 91.808 relating to reporting investment activities to the board of directors; 91.902 relating to dividends; and 91.1110 relating to share deposit guaranty requirements. Notice of the proposed review was published in the December 19, 2003, issue of the Texas Register (28 TexReg 11361).

The Commission received no comments with respect to these rules. The Department believes that the reasons for initially adopting these rules continue to exist. The Commission finds that the reasons for initially adopting 7 TAC §§91.601, 91.610, 91.805, 91.808, 91.902, and 91.1110 continue to exist and readopts these sections without changes pursuant to the requirements of Government Code, Section 2001.039.

TRD-200401360

Harold E. Feeney

Commissioner

Credit Union Department

Filed: February 24, 2004


Commission on State Emergency Communications

Title 1, Part 12

The Commission on State Emergency Communications (CSEC) adopts the review of the Texas Administrative Code, Title 1, Part 12, Chapter 251 concerning Regional Plans-Standards. This review and consideration is being conducted in accordance with Government Code, §2001.039.

The proposed review was published in the November 14, 2003, issue of the Texas Register (28 TexReg 10293).

New §251.3 and the repeal of and new §251.4 were adopted in the February 20, 2004 issue of the Texas Register (29 TexReg 1641). §251.1. Regional Strategic Plans for 9-1-1 Service. §251.2. Guidelines for Changing or Extending 9-1-1 Service Arrangements. §251.3. Use of Revenue in Certain Counties. §251.4. Guidelines for the Provisioning of Accessibility Equipment. §251.5. Guidelines for 9-1-1 Equipment Management and Disposition. §251.6. Guidelines for Strategic Plans, Amendments, and Revenue Allocation. §251.7. Guidelines for Implementing Integrated Services. §251.8. Guidelines for the Procurement of Equipment and Services with 9-1-1 Funds. §251.9. Guidelines for Database Maintenance Funds. §251.10. Guidelines for Implementing Wireless E9-1-1 Service. §251.11. Monitoring Policies and Procedures. §251.12. Contracts for 9-1-1 Services. §251.13. The Use of the 9-1-1 Database for Emergency Notification Services.

This concludes the review of Chapter 251.

TRD-200401256

Paul Mallett

Executive Director

Commission on State Emergency Communications

Filed: February 23, 2004


Finance Commission of Texas

Title 7, Part 1

The Finance Commission of Texas (commission) has completed the review of Texas Administrative Code, Title 7, Part 1, Chapter 1 (Consumer Credit Regulation), Subchapter D (License), comprised of §§1.402, 1.406-1.407, concerning License Display, Surrender of License, and License Re-issuance; and Subchapter F (Alternate Charges for Consumer Loans) comprised of §§1.603-1.604, concerning Default Charges and Deferment Charges, pursuant to §2001.039, Texas Government Code.

Notice of the review was published in the November 28, 2003, issue of the Texas Register (28 TexReg 10781). The commission received no comments in response to the notice.

The Finance Commission believes that the reasons for adopting the rules contained in these chapters continue to exist and readopts these subchapters without changes in accordance with the requirements of Texas Government Code, §2001.039.

TRD-200401279

Leslie L. Pettijohn

Commissioner

Finance Commission of Texas

Filed: February 23, 2004


Texas Department of Human Services

Title 40, Part 1

The Texas Department of Human Services (DHS) has completed its review of the rules in 40 TAC Chapter 52 (Emergency Response Services). The notice of intention to review these rules was published in the October 31, 2003, issue of the Texas Register (28 TexReg 9549). DHS received no comments concerning the review.

During its review, DHS determined that the reasons for adopting Chapter 52 continue to exist. The rules are therefore readopted in accordance with the requirements of the Government Code, §2001.039.

This concludes DHS's review of 40 TAC Chapter 52, as required by the Government Code, §2001.039.

TRD-200401223

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Filed: February 20, 2004


Texas Department of Mental Health and Mental Retardation

Title 25, Part 2

The Texas Department of Mental Health and Mental Retardation (TXMHMR) adopts the review of Texas Administrative Code, Title 25, Part 2, Chapter 412, Subchapter G, concerning mental health community services standards, in accordance with the requirements of the Texas Government Code, §2001.039. The notice of intention to review was published in the November 28, 2003, issue of the Texas Register (28 TexReg 10781).

No comments were received regarding the review. The department has reviewed the rules in Chapter 412, Subchapter G, and has determined that the reasons for originally adopting the rules continue to exist. The rules in Chapter 412, Subchapter G are readopted in accordance with the Texas Government Code §2001.039, which requires the Texas Mental Health and Mental Retardation Board to review and consider for readoption each of its rules every four years, and under the department's broad rulemaking authority for mental health and mental retardation services pursuant to Texas Health and Safety Code, §532.015(a).

TRD-200401318

Rodolfo Arredondo

Chief, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Filed: February 23, 2004