TITLE rule-review

The Texas Credit Union Commission will review and consider for re-adoption, revision, or repeal of Chapter 91, §91.401 (Purchase, Lease, or Sale of Fixed Assets), §91.402 (Insurance for Members), §91.403 (Federal Parity Debt Cancellation Products), §91.405 (Records Retention), §91.406 (Credit Union Service Contracts), §91.407 (Electronic Notification), §91.408 (User Fee for Shared Electronic Terminal), §91.409 (Permanent Closing of an Office or Operation), §91.4001 (Authority to Conduct Electronic Operations, §91.4002 (Notice Requirement; Security Review), §91.5001 (Emergency Closing), and §91.5002 (Effect of Closing) of Title 7, Part 6 of the Texas Administrative Code in preparation for the Commission’s Rule Review as required by §2001.039, Government Code.

An assessment will be made by the Commission 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 Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the Credit Union Department.

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. The deadline for comments is August 22, 2005.

The Commission also invites your comments on how to make these rules easier to understand. For example:

Do the rules organize the material to suit your needs? If not, how could the material be better organized?

Do the rules clearly state the requirements? If not, how could the rule be more clearly stated?

Do the rules contain technical language or jargon that isn’t clear? If so, what language requires clarification?

Would a different format (grouping and order of sections, use of headings, paragraphing) make the rule easier to understand? If so, what changes to the format would make the rule easier to understand?

Would more (but shorter) sections be better in any of the rules? If so, what sections should be changed?

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 rules will be open for public comment prior to final adoption by the Commission.

TRD-200502588

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 23, 2005

Finance Commission of Texas

Title 7, Part 1

The Finance Commission of Texas (commission) files this notice of intention to review and consider for readoption, revision, or repeal, Texas Administrative Code, Title 7, Chapter 3 (State Bank Regulation), specifically Subchapter A, comprised of §§3.1 - 3.5, regarding Securities Activities and Subsidiaries; Subchapter B, comprised of §§3.21 - 3.22 and §§3.34 - 3.38, regarding General provisions; Subchapter C, comprised of §§3.41 - 3.45, regarding Foreign Bank Agencies; Subchapter E, comprised of §§3.91 - 3.92, regarding Banking House and Other Facilities; and Subchapter F, comprised of §§3.111 - 3.112, regarding Access to Information.

The commission undertakes its review pursuant to 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.

Any questions or written comments pertaining to this notice of intention to review should be directed to Sarah Shirley, Assistant General Counsel, Texas Department of Banking, 2601 North Lamar Boulevard, Suite 300, Austin, Texas 78705, or by email to sarah.shirley@banking.state.tx.us. Any changes to rules proposed as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for a 30-day comment period prior to final adoption or repeal by the commission.

TRD-200502669

Everette D. Jobe

Certifying Official

Finance Commission of Texas

Filed: June 29, 2005

The Finance Commission of Texas (commission) files this notice of intention to review and consider for readoption, revision, or repeal, Texas Administrative Code, Title 7, Chapter 9 (Rules of Procedure for Contested Case Hearings, Appeals, and Rulemakings), specifically Subchapter A, comprised of §§9.1 - 9.3, concerning General matters; Subchapter B, comprised of §§9.11 - 9.39, concerning Contested Case Hearings; Subchapter C, comprised of §§9.51 - 9.57, concerning Appeals to Finance Commission; Subchapter D, comprised of §§9.71 - 9.72, concerning Court Appeals; and Subchapter E, comprised of §§9.81 - 9.84, concerning Rulemaking.

Any questions or written comments pertaining to this notice of intention to review should be directed to Robert Giddings, Assistant General Counsel, Texas Department of Banking, 2601 North Lamar Boulevard, Suite 300, Austin, Texas 78705, or by e-mail to rgiddings@banking.state.tx.us. Any changes to rules proposed as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for a 30-day public comment period prior to final adoption or repeal by the commission.

TRD-200502670

Everette D. Jobe

Certifying Official

Finance Committee of Texas

Filed: June 29, 2005

Prescribed Burning Board

Title 4, Part 13

The Prescribed Burning Board (the Board) files this notice of intention to review and consider for readoption, revision or repeal, Title 4, Texas Administrative Code, Part 13, Chapter 225, concerning General Provisions, Chapter 226, concerning Standards for Certified Prescribed Burn Managers, Chapter 227, concerning Certification, Recertification and Renewal, Chapter 228, concerning Continuing Education for Recertification/Renewal of Certification, and Chapter 229, concerning Educational and Professional Requirements for Lead Instructors, pursuant to the Texas Government Code, §2001.039. Section 2001.039 requires state agencies to review each of their rules every four years and consider the rules under review for readoption, revision or repeal. The review must include an assessment of whether the original justification for the rules continues to exist.

As part of the review process, the Board proposes the amendment of Title 4, Part 13, §225.1, §§226.1 - 226.4, §226.6, §227.5 and §227.12. The proposed amendments may be found in the proposed rule section of this publication of the Texas Register . The assessment of Title 4, Part 13, Chapters 225 - 229 by the Board at this time indicates that with the exception of the sections proposed for amendment, the reason for readopting without changes all remaining sections in Chapters 225 - 229 continues to exist.

The Board is accepting comments on the review of Chapters 225 - 229, specifically, as to whether the reason for readopting Chapters 225 - 229 with the proposed amendments continues to exist. Comments or questions on this notice of intention to review may be submitted within 30 days following the date of publication of this notice in the Texas Register to Jimmy Bush, Acting Assistant Commissioner for Pesticide Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. In addition, the Board will take comments on the proposal at its next scheduled Board meeting.

TRD-200502638

Dolores Alvarado Hibbs

Deputy General Counsel, Texas Department of Agriculture

Prescribed Burning Board

Filed: June 27, 2005

Texas Racing Commission

Title 16, Part 8

The Texas Racing Commission files this notice of intent to review Chapter 321, Pari-mutuel Wagering. This review is conducted in accordance with Government Code, §2001.039.

The Commission has conducted a preliminary review of the rules in Chapter 321 and has determined that reasons for adopting the chapter continue to exist. Chapter 321 prescribes all licensing and operational requirements for the conduct of pari-mutuel wagering on horse and greyhound races in Texas, including definitions, a racetrack's pari-mutuel department operations, wagering information and race results, mutuel tickets and vouchers, totalisator standards, tote facilities and equipment, tote operations, tote reports and logs, wagering on races conducted in Texas, the distribution of pari-mutuel pools, wagering on simulcast races, common pooling, and ticketless electronic wagering.

As part of this review process, the Commission is proposing amendments to §§321.1, 321.3, 321.13, 321.21, 321.33, 321.35, 321.103, 321.105, 321.121, 321.123, 321.139, 321.143, 321.312, 321.313, and 321.315, and new §§321.601, 321.603, 321.605, 321.607, 321.609, 321.621, 321.623, 321.625, and 321.627. The proposed amendments and new sections are published elsewhere in this issue of the Texas Register .

The Commission is proposing the readoption of the following sections without amendment: §§321.5, 321.7, 321.9, 321.11, 321.15, 321.17, 321.19, 321.23, 321.25, 321.27, 321.29, 321.31, 321.34, 321.37, 321.39, 321.41, 321.43, 321.45, 321.101, 321.107, 321.124, 321.125, 321.127, 321.131, 321.133, 321.135, 321.137, 321.141, 321.201, 321.203, 321.205, 321.207, 321.209, 321.211, 321.213, 321.215, 321.217, 321.301 - 321.311, 321.314, 321.316 - 321.318, 321.401, 321.403, 321.405, 321.407, 321.409, 321.411, 321.413, 321.415, 321.417, 321.419, 321.421, 321.451, 321.453, 321.455, 321.457, 321.459, 321.461, 321.501, 321.503, 321.505, 321.507, and 321.509.

The Commission will accept comments on the requirement as to whether the reasons for adopting these sections continue to exist as well as comments on the proposed amendments and new sections published elsewhere in this issue of the Texas Register .

All comments or questions regarding this notice of intent to review should be directed to Paula C. Flowerday, Executive Secretary, Texas Racing Commission, by mail to P.O. 12080, Austin, Texas 78711-2080, by fax to 512-833-6907, or by e-mail to paula.flowerday@txrc.state.tx.us.

TRD-200502601

Paula C. Flowerday

Executive Secretary

Texas Racing Commission

Filed: June 23, 2005