TITLE rule-review

Proposed Rule Review

Employees Retirement System of Texas

Title 34, Part 4

Pursuant to Tex. Gov't Code §2001.039, the Employees Retirement System of Texas files this notice of intent to review the rules contained in Chapter 74 (Qualified Domestic Relations Orders).

Chapter 74 - Qualified Domestic Relations Orders

§74.1 Purpose

§74.3 Definitions

§74.5 Antialienation

§74.7 Requirements

§74.9 Determination

§74.11 Alternate Payments

Pursuant to Tex. Gov't Code §2001.039, the Employees Retirement System of Texas files this notice of intent to review the rules contained in Chapter 81 (Insurance).

Chapter 81 - Insurance

§81.1 Definitions

§81.3 Administration

§81.5 Eligibility

§81.7 Enrollment and Participation

§81.9 Grievance Procedure

§81.11 Termination of Coverage

Comments relating to whether these rules should be repealed, readopted or amended must be submitted to Paula A. Jones, General Counsel, Employees Retirement System of Texas, P. O. Box 13207, Austin, Texas 78711-3207, or emailed to pjones@ers.state.tx.us, by 10:00 a.m. on Monday, June 6, 2005.

TRD-200501691

Paula A. Jones

General Counsel

Employees Retirement System of Texas

Filed: April 25, 2005


Adopted Rule Reviews

Office of the Governor

Title 1, Part 1

The Office of the Governor has completed its review of Chapter 3 concerning the Criminal Justice Division and Chapter 5 concerning Budget and Planning, in accordance with the requirements of §2001.039 of the Texas Government Code. Notice of the review was published in the March 4, 2005, issue of the Texas Register (30 TexReg 1321). No comments were received regarding the review of Chapter 3 and Chapter 5.

As a result of the rule review, the Office of the Governor has identified certain revisions that need to be made to the rules in Chapter 5. Section 5.148 and §5.167 need to be revised to reflect that the "Uniform Grant and Management Standards" or "UGMS" is no longer known as the "Uniform Grant and Contract Management Standards" or "UGCMS". The Office of the Governor will propose amendments to these rules at a later date to address this issue.

In separate rulemaking, the Office of the Governor has proposed amendments to: (1) Chapter 3 §3.203 concerning project requirements for the Juvenile Justice and Delinquency Prevention Act Fund and §3.1205 concerning eligible applicants for the Juvenile Accountability Block Grant Program, published for comment in the March 18, 2005, issue of the Texas Register (30 TexReg 1551); and (2) Chapter 5 §5.195 concerning the Texas Review and Comment System, published for comment in the January 21, 2005, issue of the Texas Register (30 TexReg 173).

Subject to the proposed amendments to Chapter 3 §3.203 and §3.1205, and Chapter 5 §5.195, the Office of the Governor finds that the reasons for the adoption of the rules in Title 1, Part 1, Chapter 3 and Chapter 5, continue to exist, and readopts Chapter 3 and Chapter 5 pursuant to the requirements of §2001.039 of the Texas Government Code.

This concludes the review of Chapter 3 relating to the Criminal Justice Division and Chapter 5 relating to Budget and Planning.

TRD-200501644

David Zimmerman

Assistant General Counsel

Office of the Governor

Filed: April 20, 2005


Texas Parks and Wildlife Department

Title 31, Part 2

The Texas Parks and Wildlife Commission adopts the rules review of the following subchapters within Chapter 59, Parks, as published in the September 24, 2004, issue of the Texas Register (29 TexReg 9211). As a result of the review, the commission readopted the contents of the following subchapters.

No comments were received concerning readoption of the rules.

Chapter 59. Parks

Subchapter A. Park Entrance and Park User Fees

§59.1. General Statement.

§59.2. Park Entrance and Use Fees.

§59.3. Activity and Facility Use Fees.

§59.4. Reservation of State Park Facilities.

Subchapter B. Local Park Planning Assistance

§59.10. Eligibility.

§59.11. Limitations.

§59.12. Application for Assistance.

Subchapter C. Acquisition and Development of Historic Sites, Buildings and Structures

§59.41. General Statement.

§59.42. Chronology and Thematic Organization.

§59.43. Acquisition Guidelines.

§59.44. Development Guidelines.

§59.45. Methods of Additional Funding Other Than Departmental.

§59.46. Maintenance Guidelines.

§59.47. Personnel Selection and Training Guidelines.

Subchapter D. Administration of the State Park System

§59.61. General Objectives.

§59.62. Parks and Wildlife Land Classification-Policy.

§59.63. Definitions.

§59.64. Classification and Guidelines.

§59.75. Coastal Management Program.

Subchapter E. Operation and Leasing of Park Concessions

§59.101. Definitions.

§59.102. General Requirements for Park Concessions.

§59.103. Selection of a Concessioner.

§59.104. Types of Concession Contracts.

§59.105. Contract Terms.

§59.106. Franchise Fee Rates and Charges.

§59.107. Accounting.

§59.108. Bond and Insurance.

§59.109. Furnishing Utilities.

Subchapter F. State Park Operational Rules

§59.131. Definitions.

§59.132. General Rules.

§59.133. Closing Hours and Overnight Use.

§59.134. Rules of Conduct in Parks.

§59.135. Vehicles, Trailers, Motor Homes, Camping Equipment, or Personal Belongings.

§59.136. Penalties.

Subchapter G. Relocation Assistance in Park Acquisition Projects

§59.191. Definitions.

§59.192. Purpose.

§59.193. Procedures.

Subchapter H. Sea Rim State Park Hunting, Fishing, and Trapping Proclamation

§59.201. Application.

§59.202. Authority.

§59.203. Finding of Fact.

§59.204. Consent.

§59.205. Definitions.

§59.206. Means and Methods: Migratory Birds.

§59.207. Means and Methods: Fur-Bearing Animals.

§59.208. Hunting from Vehicle.

§59.209. Hunting Permits.

§59.210. Checking Game.

§59.211. Open Seasons and Bag Limits: Migratory Birds.

§59.212. Open Seasons and Bag Limits: Fur-Bearing Animals.

§59.213. Fish: Means and Methods; Open Seasons; Bag and Size Limits.

§59.214. General.

§59.215. Effective Date.

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

TRD-200501694

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Filed: April 25, 2005


The Texas Parks and Wildlife Commission adopts the rules review of the following subchapters within Chapter 69, Resource Protection, as published in the September 24, 2004, issue of the Texas Register (29 TexReg 9212). As a result of the review, the commission readopts the contents of the following subchapters.

No comments were received concerning readoption of the rules.

Chapter 69. Resource Protection

Subchapter A. Endangered, Threatened, and Protected Native Plants

§69.1. Permit Required.

§69.2. Scientific Plant Permit.

§69.3. Reporting Requirements.

§69.4. Renewal.

§69.5. Commercial Plant Permit.

§69.6. Permit and Tag Fees.

§69.7. Period of Validity.

§69.8. Endangered and Threatened Plants.

§69.9. Penalties.

Subchapter B. Fish and Wildlife Values

§69.19. Restitution and Restoration.

§69.20. Application.

§69.21. Definitions.

§69.22. Wildlife--Recovery Values.

§69.23. Endangered and Threatened Species.

§69.24. Basic Value.

§69.25. Aquatic Life--Recovery Value.

§69.26. Commercial Species--Recovery Value.

§69.27. Updating Existing Recovery Values.

§69.28. Savings Clause.

§69.29. Computed Values for Selected Species.

§69.30. Trophy Wildlife Species.

Subchapter C. Wildlife Rehabilitation Permits

§69.43. Definitions.

§69.44. General Provisions.

§69.45. Permit Required.

§69.46. Application for Permit.

§69.47. Qualifications.

§69.48. Permit Renewals.

§69.49. General Facilities Standards.

§69.50. Transfers.

§69.51. Release of Rehabilitated Wildlife.

§69.52. Reports.

§69.53. Violations and Penalties.

Subchapter D. Memorandum of Understanding

§69.71. Memorandum of Understanding.

Subchapter E. Natural Resource Damages

§69.73. Natural Resource Damage Assessment for Coastal Oil Spills.

Subchapter F. Health Certification of Native Shellfish

§69.75. Definitions.

§69.77. Health Certification of Native Penaeid Shrimp.

Subchapter G. Compliance With Coastal Management Plan

§69.91. Consistency.

§69.93. Thresholds for Referral.

Subchapter H. Issuance of Marl, Sand and Gravel Permits

§69.101. Management and Protection.

§69.102. Definitions.

§69.103. Delegation of Authority.

§69.104. Permit Required.

§69.105. Application Procedures: Individual Permit.

§69.106. Public Comment Hearing Procedures.

§69.107. Contested Case Hearings.

§69.108. Criteria.

§69.109. Findings of Fact.

§69.110. Period of Validity.

§69.111. Requirements.

§69.112. Restrictions.

§69.113. Claims of Private Ownership.

§69.114. Sedimentary Material Permit Application Fees.

§69.115. General Permits.

§69.116. Conditions.

§69.117. Notification and Reporting for General Permits.

§69.118. Best Management Practices.

§69.119. Fees.

§69.120. Exemptions.

§69.121. Prices.

Subchapter I. Shell Dredging on the Texas Gulf Coast

§69.201. Contents.

§69.202. Previous Shell Dredging Orders.

§69.203. Definitions.

§69.204. Permit Applications.

§69.205. Department Requirements.

§69.206. Violations.

§69.207. Administrative Action and Penalties.

§69.208. Renewal of Permits.

§69.209. Existing Permits.

Subchapter J. Scientific, Educational and Zoological Permits

§69.301. Definitions.

§69.302. General Rules.

§69.303. Application for Permit.

§69.304. Qualifications.

§69.305. Facility Standards.

§69.306. Restrictions.

§69.307. Final Disposition of Specimens.

§69.308. Reports.

§69.309. Inspections.

§69.310. Fees.

§69.311. Violations and Penalties.

Subchapter K. Sale of Nongame Species

§69.401. Applicability.

§69.402. Definitions.

§69.403. Permit Required.

§69.404. Permit Application, Issuance, and Fees.

§69.405. Permit Renewal.

§69.406. Reports.

§69.407. Disposition of Stock.

§69.408. Violations and Penalties.

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

TRD-200501695

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Filed: April 25, 2005