TITLE rule-review

Proposed Rule Reviews

Texas Department of Agriculture

Title 4, Part 1

The Texas Department of Agriculture (the department) files this notice of intention to review and consider for readoption, revision or repeal, Texas Administrative Code, Title 4, Part 1, Chapter 4, concerning Cooperative Marketing Associations, Chapter 5, concerning Fuel Quality, and Chapter 6, concerning Seed Arbitration, 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 department proposes the amendment of Title 4, Part 1, §4.2. The proposed amendment may be found in the Proposed Rules section of this issue of the Texas Register . The assessment of Title 4, Part 1, Chapters 4, 5 and 6 by the department at this time indicates that with the exception of the section proposed for amendment, the reason for readopting without changes all remaining sections in Chapters 4, 5 and 6 continues to exist.

The department is accepting comments on the review of Chapters 4, 5 and 6, specifically, as to whether the reason for readopting Chapters 5 and 6 without changes, and Chapter 4 with the proposed amendment 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 David Kostroun, Assistant Commissioner for Regulatory Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711.

TRD-200501846

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: May 9, 2005


The Texas Department of Agriculture (the department) files this notice of intention to review and consider for readoption, revision or repeal, Texas Administrative Code, Title 4, Part 1, Chapter 7, concerning Pesticides, 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. The assessment of Title 4, Part 1, Chapter 7 by the department at this time indicates that the reason for readopting without changes all sections in this chapter continues to exist.

The department is accepting comments on the review of Chapter 7, specifically, as to whether the reason for readopting Chapter 7 without changes 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 Phil Tham, Assistant Commissioner for Pesticide Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711.

TRD-200501847

Dolores Alvarado Hibbs

Deputy General Counsel

Texas Department of Agriculture

Filed: May 9, 2005


Texas Department of Licensing and Regulation

Title 16, Part 4

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 64, Temporary Common Worker Employers. 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 .

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 §64.1. Authority

16 TAC §64.10. Definitions

16 TAC §64.20. Licensing Requirements General

16 TAC §64.60. Powers and duties of the Department and Executive Director

16 TAC §64.70. Rights and Duties of a License Holder

16 TAC §64.71. Other Duties of License Holder

16 TAC §64.72. Additional Provisions for Labor Halls

16 TAC §64.80. Fees

TRD-200501843

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: May 6, 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 78, Talent Agencies. 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 .

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 §78.1. Authority

16 TAC §78.10. Definitions

16 TAC §78.20. Registration Requirements--General

16 TAC §78.21. Registration Requirements--New Certificates

16 TAC §78.22. Registration Requirements--Renewal

16 TAC §78.30. Exemptions

16 TAC §78.40. Security Requirements

16 TAC §78.70. Responsibilities of the Registrant--General

16 TAC §78.71. Responsibilities of the Registrant--Schedules of Commissions and Fees

16 TAC §78.72. Responsibilities of Registrant--Treatment of Monies

16 TAC §78.73. Responsibilities of the Registrant--Financial Recordkeeping

16 TAC §78.74. Responsibilities of the Registrant--Registration Statement

16 TAC §78.75. Responsibilities of the Registrant--Prohibited Acts

16 TAC §78.80. Fees--Original Registration and Renewal

16 TAC §78.82. Fees--Updated or Duplicate Registration

16 TAC §78.90. Sanctions--Administrative Sanctions/Penalties

16 TAC §78.100. Technical Requirements

TRD-200501844

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: May 6, 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 166 concerning Workers Health & Safety-Accident Prevention Services. 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 rules contained in this chapter continues to exist and it proposes to readopt these rules:

§166.1. Definitions of Terms.

§166.2. Initial Writing and Resumption of Writing of Workers' Compensation Insurance.

§166.3. Annual Report to the Commission.

§166.4. Required Accident Prevention Services.

§166.5. Required Periodic Inspections of Accident Prevention Services and Site of Inspection.

§166.6. Exchange of Information for the Inspection.

§166.7. Inspection of Accident Prevention Services: Conducting and Reporting.

§166.8. Qualification of Field Safety Representatives.

§166.9. Approval of Occupational Health and Safety Education Programs.

Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on June 20, 2005 and submitted to Kristi Dowding, Legal Services, MS 4-D, Texas Workers' Compensation Commission, 7551 Metro Center Drive, Suite 100, MS-4D, Austin, Texas 78744-1609.

TRD-200501882

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: May 10, 2005