TITLE rule-review

Adopted Rule Reviews

Credit Union Department

Title 7, Part 6

The Credit Union Commission (commission) has completed the review of Texas Administrative Code, Title 7, Chapter 93, §§93.101 relating to scope; definitions; severability; 93.201 relating to party status; 93.202 relating to computation of time; 93.203 relating to ex parte communications; 93.204 relating to presiding officer or body; 93.205 relating to notice of hearing; 93.206 relating to default; 93.207 relating to service; 93.208 relating to delegation of authority; 93.209 relating to subpoenas; 93.210 relating to protective orders and motions to compel; 93.211 relating to administrative record; 93.212 relating to proposal for decision; 93.213 relating to appearance and representation; 93.302 relating to referral to ADR; 93.303 relating to hearings of applications to incorporate, amend bylaws or merge or consolidate; 93.304 relating to appeals of applications for certificates of authority; 93.305 relating to appeals of all other applications for which no specific procedure is provided by this title; 93.401 relating to appeals of cease and desist orders and orders of removal; 93.402 relating to stays; 93.501 relating to requests for hearing to appeal on order of conservation; 93.502 relating to retention of attorney; 93.601 relating to motion for appeal to the commission; 93.602 related to decision by the commission; 93.603 related to oral arguments before the commission; 93.604 related to motion for rehearing; and 93.605 related to final decision and appeals. Notice of the proposed review and a request for comments was published in the November 18, 2005, issue of the Texas Register (30 TexReg 7747).

The commission received no comments with respect to these rules. The Credit Union Department believes that the reasons for initially adopting these rules continue to exist. The commission finds that the reasons for initially adopting 7 TAC §§93.101, 93.201, 93.202, 93.203, 93.204, 93.205, 93.206, 93.207, 93.208, 93.209, 93.210, 93.211, 93.212, 93.213, 93.302, 93.303, 93.304, 93.305, 93.401, 93.402, 93.501, 93.502, 93.601, 93.602, 93.603, 93.604, and 93.605 continue to exist and readopts these sections without changes, pursuant to the requirements of Government Code, §2001.039.

TRD-200600904

Harold E. Feeney

Commissioner

Credit Union Department

Filed: February 21, 2006


Texas Department of Housing and Community Affairs

Title 10, Part 1

In accordance with the proposed rule review published in the January 28, 2005, issue of the Texas Register (30 TexReg 413) and the requirements of Texas Government Code, §2001.039, the Manufactured Housing Division of the Texas Department of Housing and Community Affairs (Department) has conducted a review of all rule sections in 10 TAC Chapter 80, Manufactured Housing, and readopts administrative rules with changes.

The Department conducted a thorough review of Chapter 80 to determine whether the rules were obsolete, whether the rules reflected current legal and policy considerations, and whether the rules reflected current procedures of the Department. As part of the review process and in conjunction with changes made as a result of the 79th Legislative Session, rule amendments were proposed and published in the August 12, 2005, issue of the Texas Register (30 TexReg 4550) and the November 4, 2005, issue of the Texas Register (30 TexReg 7112) in accordance with requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

The Department did not receive comments specifically related to the rule review; however, the Department did receive comments in the public comment period during the proposed rule making process.

The public comments are addressed with the adopted amendments that are published in the November 11, 2005, issue of the Texas Register (30 TexReg 7434) and the December 30, 2005, issue of the Texas Register (30 TexReg 8871).

The Department has determined that the rules, as amended, are essential in accomplishing the provisions of Texas Occupations Code, Chapter 1201. The rules are readopted with changes in accordance with Texas Government Code, §2001.039.

TRD-200600883

Timothy K. Irvine

Executive Director, Manufactured Housing Division

Texas Department of Housing and Community Affairs

Filed: February 17, 2006


Texas Department of Savings and Mortgage Lending

Title 7, Part 4

The Finance Commission of Texas ("Commission"), on behalf of the Texas Department of Savings and Mortgage Lending, has completed the review of Texas Administrative Code, Title 7, Chapter 80 (§§80.1 - 80.23), relating to Mortgage Broker and Loan Officer Licensing, as noticed in the November 18, 2005, issue of the Texas Register (30 TexReg 7748).

No comments were received regarding the substance of these rules or whether the reason for adopting these rules continues to exist.

The Texas Department of Savings and Mortgage Lending, which administers these rules, finds that the reason for adopting these rules continues to exist and readopts these rules without change in accordance with the requirements of the Government Code .

TRD-200600891

John Fleming

General Counsel

Texas Department of Savings and Mortgage Lending

Filed: February 21, 2006