TITLE rule-review

Agency Rule Review Plan

Texas Real Estate Commission

Title 22, Part 23

TRD-200500960

Filed: March 2, 2005


Proposed Rule Reviews

Credit Union Department

Title 7, Part 6

The Texas Credit Union Commission will review and consider Chapter 91, §§ 91.101 (Definitions and Interpretations), 91.103 (Public Notice of Department Activities), 91.104 (Notice of Applications), 91.105 (Applications for Authorization from the Commissioner), 91.110 (Protest Procedures for Applications), 91.115 (Safety at Unmanned Teller Machines), 91.120 (Posting of Notice Regarding Certain Loan Agreements), 91.201 (Incorporation Procedures), 91.202 (Form of Bylaws; Amendments to Articles of Incorporation and Bylaws), 91.205 (Use of Credit Union Name), 91.206 (Underserved Area Credit Unions - Secondary Capital Accounts), 91.209 (Reports and Charges for Late Filing), 91.210 (Foreign Credit Unions), 91.1003 (Mergers/Consolidations), 91.1004 (Conversion of Charter), 91.1110 (Share and Deposit Guaranty Requirements), 91.3001 (Opportunity to Submit Comments on Certain Applications), and 91.3002 (Conduct of Meetings to Receive Comments) of Title 7, Part 6 of the Texas Administrative Code in preparation for the Credit Union Commission's Rule Review as required by Section 2001.039, 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-200501004

Harold E. Feeney

Commissioner

Credit Union Department

Filed: March 7, 2005


Texas State Library and Archives Commission

Title 13, Part 1

The Texas State Library and Archives Commission files this notice of intention to review 13 TAC Part 1, Chapter 8, concerning the TexShare Library Consortium, in accordance with Government Code, §2001.039, which requires state agencies to review and consider for readoption each of their rules every four years.

The rules were adopted pursuant to the Government Code, §441.225(b), which permits the Texas State Library and Archives Commission to adopt rules to govern the operation of the consortium. The rules are necessary to carry out the statutory obligations of the Texas State Library and Archives Commission for the establishment and maintenance of the TexShare consortium.

Comments on the commission's review of its rules in Chapter 8 may be directed to Beverley Shirley, Director, Library Resource Sharing Division, Box 12927, Austin, Texas 78711-2927. For further information or questions concerning this proposed rule review, please contact Ms. Shirley at (512) 463-5433 or at bshirley@tsl.state.tx.us.

TRD-200500965

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Filed: March 3, 2005


Texas Department of Licensing and Regulation

Title 16, Part 4

The Texas Department of Licensing and Regulation (Department) re-files this notice of intent to review and consider for re-adoption, revision, or repeal, Title 16, Texas Administrative Code, Chapter 68, Elimination of Architectural Barriers. The initial intent to review was published in the January 3, 2003, issue of the Texas Register (28 TexReg 371). This review is being conducted in accordance with the requirements of Texas Government Code, §2001.039.

An assessment will be made by the Department 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 Department.

As required by Texas Government Code, §2001.039, any questions or written comments pertaining to this rule review may be submitted to Caroline Jackson, Legal Assistant, General Counsel’s Office, P. O. Box 12157, Austin, Texas 78711, facsimile-(512) 475-3032, or by e-mail, caroline.jackson@license.state.tx.us. The deadline for comments is thirty days after publication 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 rules will be open for public comment prior to final adoption or repeal by the Department, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

16 TAC §68.1. -Authority

16 TAC §68.10. Definitions

16 TAC §68.20. Buildings and Facilities Subject to Compliance with the Texas Accessibility Standards

16 TAC §68.30. Exemptions

16 TAC §68.31. Variance Procedures

16 TAC §68.50. Submission of Construction Documents

16 TAC §68.51. Review of Construction Documents

16 TAC §68.52. Inspections

16 TAC §68.53. Corrective Modifications Following Inspection

16 TAC §68.54. Notice of Substantial Compliance

16 TAC §68.65. Advisory Committee

16 TAC §68.70. Registered Accessibility Specialists--Qualifications for Certification

16 TAC §68.74. Registration Requirements--Renewal

16 TAC §68.75. Responsibilities of the Registered Accessibility Specialist

16 TAC §68.76. Standards of Conduct for the Registered Accessibility Specialist

16 TAC §68.79. Contract Providers

16 TAC §68.80. Fees

16 TAC §68.90. Administrative Sanctions or Penalties

16 TAC §68.93. Complaints, Investigations, and Audits

16 TAC §68.100. Technical Standards and Technical Memoranda

16 TAC §68.101. State Leases

16 TAC §68.102. Public Right-of-Way Projects

16 TAC §68.103. Detention and Correctional Facilities

TRD-200501060

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: March 8, 2005


The Texas Department of Licensing and Regulation (Department) files this notice of intent to review and consider for re-adoption, revision, or repeal, Title 16, Texas Administrative Code, Chapter 74, Elevators, Escalators, and Related Equipment. This review is being conducted in accordance with the requirements of Texas Government Code, §2001.039.

An assessment will be made by the Department 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 Department.

As required by Texas Government Code, §2001.039, any questions or written comments pertaining to this rule review may be submitted to Caroline Jackson, Legal Assistant, General Counsel’s Office, P.O. Box 12157, Austin, Texas 78711, facsimile (512) 475-3032, or by e-mail, caroline.jackson@license.state.tx.us. The deadline for comments is thirty days after publication 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 rules will be open for public comment prior to final adoption or repeal by the Department, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

16 TAC §74.1. Authority

16 TAC §74.10. Definitions

16 TAC §74.20. Inspector Registration Requirements

16 TAC §74.25. Contractor Registration Requirements

16 TAC §74.30. Exemptions

16 TAC §74.50. Reporting Requirements--Building Owner

16 TAC §74.55. Reporting Requirements--Inspector

16 TAC §74.60. Standards of Conduct for Inspector or Contractor Registrants

16 TAC §74.65. Advisory Board

16 TAC §74.70. Responsibilities of the Building Owner

16 TAC §74.75. Responsibilities of the Inspector

16 TAC §74.80. Fees

16 TAC §74.85. Responsibilities of the Department

16 TAC §74.90. Sanctions

16 TAC §74.100. Technical Requirements

TRD-200501061

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: March 8, 2005


Texas Workers' Compensation Commission

Title 28, Part 2

The Texas Workers' Compensation Commission files this notice of intention to review the rules contained in Chapter 108, §108.1, concerning Charges for Copies of Public Information. This review is pursuant to the General Appropriations Act, Article IX, §167, 75th Legislature, the General Appropriations Act, Section 9-10, 76th Legislature, and Texas Government Code §2001.039 as added by SB-178, 76th Legislature.

The agency's reason for adopting the following rule contained in this chapter continues to exist and it proposes to readopt this rule:

§108.1. Charges for Copies of Public Information.

Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on April 18, 2005, and submitted to Linda Velasquez, Legal Services, MS 4-D, Texas Workers' Compensation Commission, 7551 Metro Center Drive, Suite 100, MS-4D, Austin, Texas 78744-1609.

TRD-200500987

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: March 4, 2005


Adopted Rule Reviews

Texas Certified Self-Insurer Guaranty Association

Title 28, Part 3

In accordance with the requirement of Texas Government Code, §2001.039, which requires state agencies to review and consider for readoption each of their rules every four years, and pursuant to the notice of intention to review published in the December 3, 2004, issue of the Texas Register (29 TexReg 11101), the Texas Certified Self-Insurer Guaranty Association (Association) has assessed whether the reason for adopting or readopting this rule continues to exist.

No comments were received regarding the review of this rule.

As a result of the review, the Texas Certified Self-Insurer Guaranty Association has determined that the reason for adoption of this rule continues to exist. Therefore, the Association readopts Chapter 181.

CHAPTER 181 - BYLAWS

§181.1. Bylaws of the Texas Certified Self-Insurer Guaranty Association.

TRD-200501032

Judy Roach

Executive Director

Texas Certified Self-Insurer Guaranty Association

Filed: March 7, 2005


Texas State Library and Archives Commission

Title 13, Part 1

The Texas State Library and Archives Commission has completed the review of 13 TAC Part 1, Chapter 3, concerning the State Publications Depository Program, in accordance with the requirements of Government Code, §2001.039. Notice of the review was published in the October 8, 2004, issue of the Texas Register (29 TexReg 9561).

The commission finds that the reasons for the adoption of the rules in Title 13, Chapter 3, continue to exist. The rules were adopted pursuant to the Government Code, §441.102(a), which requires the Texas State Library and Archives Commission to adopt policies to ensure the distribution of state publications to depository libraries; Government Code, §441.103(b), which requires the Texas State Library and Archives Commission to adopt policies to ensure the acquisition of state publications from state agencies and institutions of higher education; Government Code, §441.104(7) - (9), which requires the Texas State Library and Archives Commission to adopt policies to provide indexes of and electronic access to all state publications in electronic format, and Government Code, §441.010(b), which establishes an electronically searchable central grant database. The rules are necessary to carry out the statutory obligations of the Texas State Library and Archives Commission for the establishment and maintenance of a state publications depository program.

The commission readopts Chapter 3 in accordance with the Government Code, §2001.039. No comments were received regarding the review of the chapter. Staff review, however, indicates that the chapter should be restructured in order to enhance clarity, that terminology needs to be updated, and that amendments are required to bring rules in line with current practices. Therefore, this readoption is temporary, pending a proposed repeal and adoption of restructured and updated rules for the program.

TRD-200500963

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Filed: March 3, 2005


The Texas State Library and Archives Commission has completed the review of rules in 13 TAC Part 1, Chapter 6, concerning the management, retention, microfilming, and electronic storage of state agency records and fee schedules for the commission's imaging and records storage services. Notice of the review was published in the October 29, 2004, issue of the Texas Register (29 TexReg 10145).

The commission readopts §§6.1 - 6.10, 6.21 - 6.35, 6.91 - 6.99, and 6.121 - 6.123 of the chapter in accordance with the Government Code, §2001.039. As a result of the review, the commission is adopting amendments to §§6.2 - 6.7, 6.9, and 6.10, relating to records retention scheduling by state agencies, in a separate action.

The commission finds that the reasons for the adoption of the rules in Title 13, Chapter 6 continue to exist. They allow the commission to fulfill its statutory obligations in the management of state records and for state agencies to meet the requirements of the Government Code, Subchapter K, relating to the preservation and management of state records. The commission did not receive any comments on its review of the rules in Chapter 6.

TRD-200500964

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Filed: March 3, 2005