TITLE rule-review

Proposed Rule Reviews

Texas Department of Insurance, Division of Workers' Compensation

Title 28, Part 2

The Texas Department of Insurance, Division of Workers' Compensation (Division) files this notice of intention to review the rules contained in Chapter 114, concerning Self-Insurance. 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 Division's reason for adopting the following rules contained in this chapter continues to exist and it proposes to readopt these rules:

§114.1. Purpose.

§114.2. Defintions.

§114.3. Application Form and Financial Information Requirements.

§114.4. Security Deposit Requirements.

§114.5. Excess Insurance Requirements.

§114.6. Safety Program Requirements.

§114.7. Certification Process.

§114.8. Refusal To Certify an Employer.

§114.9. Required Safety Program Inspections.

§114.10. Claims Contractor Requirements.

§114.11. Audit Program.

§114.12. Required Reporting.

§114.13. Required Notices to the Director.

§114.14. Impaired Employer.

§114.15. Revocation or Suspension of Certificate of Authority To Self-Insure.

Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on July 10, 2006 and submitted to Kristi Dowding, Legal Services, Texas Department of Insurance, Division of Workers' Compensation, 7551 Metro Center Drive, Suite 100, MS-4D, Austin, Texas 78744-1609.

TRD-200602956

Norma Garcia

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Filed: May 31, 2006


The Texas Department of Insurance, Division of Workers' Compensation (Division) files this notice of intention to review the rules contained in Chapter 120, concerning Compensation Procedure--Employers. 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 Division's reason for adopting the following rules contained in this chapter continues to exist and it proposes to readopt these rules:

§120.1. Employer's Record of Injuries.

§120.2. Employer's First Report of Injury.

§120.3. Employer's Supplemental Report of Injury.

§120.4. Employer's Wage Statement.

Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on July 10, 2006 and submitted to Kristi Dowding, Legal Services, Texas Department of Insurance, Division of Workers' Compensation, 7551 Metro Center Drive, Suite 100, MS-4D, Austin, Texas 78744-1609.

TRD-200602957

Norma Garcia

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Filed: May 31, 2006


The Texas Department of Insurance, Division of Workers' Compensation files this notice of intention to review the rules contained in Chapter 126 concerning General Provisions Applicable to All Benefits. 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 Division's reason for adopting the following rules contained in this chapter continues to exist and it proposes to readopt these rules:

§126.1. Definitions Applicable to All Benefits.

§126.2. Payment of Benefits to Minors.

§126.3. Payment of Benefits to Legally Incompetent Persons.

§126.4. Advance of Benefits Based on Financial Hardship.

§126.5. Entitlement and Procedure for Requesting Required Medical Examinations.

§126.6. Order for Required Medical Examination.

§126.7. Suspension of Temporary Income Benefits Based on the Opinion of a Carrier-Selected Required Medical Examination Doctor.

§126.8. Commission Approved Doctor List.

§126.9. Choice of Treating Doctor and Liability for Payment.

§126.11. Extension of the Date of Maximum Medical Improvement for Spinal Surgery.

§126.12. Payment of Interest on Accrued but Unpaid Income Benefits.

§126.13. Employer Intention of Benefits and Reimbursement.

Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on July 10, 2006 and submitted to Kristi Dowding, Legal Services, Texas Department of Insurance, Division of Workers' Compensation, 7551 Metro Center Drive, Suite 100, MS-4D, Austin, Texas 78744-1609.

TRD-200602958

Norma Garcia

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Filed: May 31, 2006


The Texas Department of Insurance, Division of Workers' Compensation files this notice of intention to review the rules contained in Chapter 128 concerning Benefits--Calculation of Average Weekly Wage. 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 Division's reason for adopting the following rules contained in this chapter continues to exist and it proposes to readopt these rules:

§128.1. Average Weekly Wage: General Provisions.

§128.2. Carrier Presumption of Employee's Average Weekly Wage.

§128.3. Average Weekly Wage Calculation for Full-Time Employees, and for Temporary Income Benefits for All Employees.

§128.4. Average Weekly Wage Calculation for Part-Time Employees.

§128.5. Average Weekly Wage Calculation for Seasonal Employees.

§128.6. Average Weekly Wage, Adjustment for Certain Employees Who are Also Minors, Apprentices, Trainees, or Students.

§128.7. Average Weekly Wage for School District Employees.

Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on July 10, 2006 and submitted to Kristi Dowding, Legal Services, Texas Department of Insurance, Division of Workers' Compensation, 7551 Metro Center Drive, Suite 100, MS-4D, Austin, Texas 78744-1609.

TRD-200602959

Norma Garcia

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Filed: May 31, 2006


Texas Board of Pardons and Paroles

Title 37, Part 5

Under the 1997 General Appropriations Act, Article IX, Section 167, Review of Agency Rules, the Texas Board of Pardons and Paroles files this notice of intent to review and consider for readoption, revision, or repeal, Texas Administrative Code, Title 37, Public Safety and Corrections, Part 5, Chapter 145 (Parole) Subchapter A (Parole Process).

The Board undertakes its review pursuant to Government Code, §2001.039. The Board will accept comments for 30 days following the publication of this notice in the Texas Register and will assess whether the reasons for adopting the sections under review continue to exist. Proposed changes to the rule as a result of the rule review will be published in the Proposed Rules section of the Texas Register . The proposed rules will be open for public comment prior to final adoption by the Board, in accordance with the requirements of the Administrative Procedure Act, Government Code, Chapter 2001.

Any questions or written comments pertaining to this notice of intention to review should for the next 30-day comment period be directed to Laura McElroy, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, TX 78701, or by E-mail to laura.mcelroy@tdcj.state.tx.us.

TRD-200602920

Laura McElroy

General Counsel

Texas Board of Pardons and Paroles

Filed: May 26, 2006