TITLE rule-review

Proposed Rule Reviews

Office of the Attorney General

Title 1, Part 3

The Office of the Attorney General (OAG) files this Notice of Intention to Review Texas Administrative Code, Title 1 Administration, Part 3, Office of the Attorney General, Chapter 68, Negotiation and Mediation of Certain Contract Disputes, Subchapter A, General, §§68.1, 68.3, 68.5, and 68.7; Subchapter B, Negotiation of Contract Disputes, §§68.21, 68.23, 68.25, 68.27, 68.29, 68.31, 68.33, 68.35, and 68.37; and Subchapter C, Mediation of Contract Disputes, §§68.47, 68.49, 68.51, 68.53, 68.55, 68.57, 68.59, and 68.61.

This review is in accordance with Texas Government Code, §2001.039 which requires state agencies to review and consider for readoption their administrative rules every four years.

An assessment will be made by the OAG as to whether the reasons for adopting or readopting these rules continue to exist. This assessment will be continued during the rule review process. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the OAG.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Suzanna Rickard, Assistant Attorney General, General Counsel Division, Office of the Attorney General, P. O. Box 12548, Austin, Texas 78711-2548, (512) 936-1676, suzanna.rickard@oag.state.tx.us. Any proposed changes to these rules as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for an additional 30 day public comment period prior to final adoption or repeal by the OAG.

TRD-200603246

Stacey Schiff

Deputy Attorney General

Office of the Attorney General

Filed: June 13, 2006


Texas Department of Insurance, Division of Workers' Compensation

Title 28, Part 2

The Texas Department of Insurance, Division of Workers' Compensation files this notice of intention to review the rules contained in Chapter 122 concerning Compensation Procedure--Claimants, Subchapter A, Claims Procedure for Injured Employees. 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 S.B. 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:

§122.1. Notice to Employer of Injury or Occupational Disease.

§122.2. Injured Employee's Claim for Compensation.

§122.3. Exposure to Communicable Disease: Reporting and Testing Requirements for Emergency Responders.

§122.4. State Employees Exposed to Human Immunodeficiency Virus (HIV): Reporting and Testing Requirements.

§122.5. Employee's Multiple Employment Wage Statement.

Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on July 24, 2006 and submitted to Kristi Dowding, Legal and Compliance, Texas Department of Insurance, Division of Workers' Compensation, 7551 Metro Center Drive, Suite 100, MS-4D, Austin, Texas 78744-1609.

TRD-200603274

Norma Garcia

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Filed: June 14, 2006


The Texas Department of Insurance, Division of Workers' Compensation (Division) files this notice of intention to review the rules contained in Chapter 122 concerning Compensation Procedure--Claimants, Subchapter B, Claims Procedure for Beneficiaries of Injured Employees. 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 S.B. 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:

§122.200. Claim for Death Benefits.

Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on July 24, 2006 and submitted to Kristi Dowding, Legal and Compliance, Texas Department of Insurance, Division of Workers' Compensation, 7551 Metro Center Drive, Suite 100, MS-4D, Austin, Texas 78744-1609.

TRD-200603275

Norma Garcia

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Filed: June 14, 2006


The Texas Department of Insurance, Division of Workers' Compensation files this notice of intention to review the rules contained in Chapter 129 concerning Income Benefits--Temporary Income 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:

§129.1. Definitions for Temporary Income Benefits.

§129.2. Entitlement to Temporary Income Benefits.

§129.3. Amount of Temporary Income Benefits.

§129.4. Adjustment of Temporary Income Benefit Amount.

§129.5. Work Status Reports.

§129.6. Bona Fide Offers of Employment.

§129.7. Non-Reimbursable Employer Payments.

§129.11. Agreement for Monthly Payment of Temporary Income Benefits.

Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on July 24, 2006 and submitted to Kristi Dowding, Legal and Compliance, Texas Department of Insurance, Division of Workers' Compensation, 7551 Metro Center Drive, Suite 100, MS-4D, Austin, Texas 78744-1609.

TRD-200603276

Norma Garcia

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Filed: June 14, 2006


Texas State Board of Pharmacy

Title 22, Part 15

The Texas State Board of Pharmacy files this notice of intent to review Chapter 281, concerning Administrative Practice and Procedures, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules.

Comments regarding whether the reason for adopting the rule continues to exist, may be submitted to Allison Benz, R.Ph., M.S., Director of Professional Services, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-600, Austin, Texas 78701, FAX (512) 305-8082. Comments must be received by 5:00 PM, July 28, 2006.

TRD-200603222

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: June 13, 2006


The Texas State Board of Pharmacy files this notice of intent to review Chapter 311, concerning Code of Conduct, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules.

Comments regarding whether the reason for adopting the rule continues to exist may be submitted to Allison Benz, R.Ph., M.S., Director of Professional Services, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-600, Austin, Texas 78701, FAX (512) 305-8082. Comments must be received by 5:00 PM, July 28, 2006.

TRD-200603223

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: June 13, 2006


Adopted Rule Review

Credit Union Department

Title 7, Part 6

The Credit Union Commission has completed the review of Texas Administrative Code, Title 7, Chapter 91, §91.702 relating to records for lending transactions; §91.703 relating to interest; §91.705 relating to home improvement loans; §91.706 relating to home equity loans; §91.707 relating to reverse mortgages; §91.709 relating to member business loans; §91.716 relating to prohibited fees; and §91.717 related to more stringent restrictions. Notice of the proposed review and a request for comments was published in the March 10, 2006, issue of the Texas Register (31 TexReg 1737).

The Commission received no comments with respect to these rules. The Department believes that the reasons for initially adopting these rules continue to exist. The Commission finds that the reasons for initially adopting 7 TAC §§91.702, 91.703, 91.705, 91.706, 91.707, 91.709, 91.716, and 91.717 continue to exist and readopts these sections without changes, pursuant to the requirements of Government Code, §2001.039.

TRD-200603203

Harold E. Feeney

Commissioner

Credit Union Department

Filed: June 12, 2006