Title 19, Part 2
The State Board of Education (SBOE) proposes the review of 19 TAC Chapter 97, Planning and Accountability, pursuant to the Texas Government Code, §2001.039. The rules being reviewed by the SBOE in 19 TAC Chapter 97 are organized under the following subchapter: Subchapter A, Accountability.
As required by the Texas Government Code, §2001.039, the SBOE will accept comments as to whether the reasons for adopting 19 TAC Chapter 97, Subchapter A, continue to exist.
Comments or questions regarding this rule review may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028.
TRD-200703249
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: July 26, 2007
The Texas Education Agency (TEA) proposes the review of rules in 19 TAC Chapter 97, Planning and Accountability, pursuant to the Texas Government Code, §2001.039. The rules being reviewed by the TEA in 19 TAC Chapter 97 are organized under the following subchapters: Subchapter AA, Accountability and Performance Monitoring; Subchapter BB, Memoranda of Understanding; Subchapter DD, Procedures for Investigative Reports and Sanctions; and Subchapter FF, Commissioner's Rules Concerning the Job Corps Diploma Program.
The rule in 19 TAC Chapter 97, Subchapter CC, Commissioner's Rules Concerning the Annual Evaluation of Disciplinary Alternative Education Programs (§97.1021, Annual Evaluation of Disciplinary Alternative Education Programs), is not subject to review under Government Code, §2001.039, since the TEA has adopted the repeal of this rule, published in this issue of the Texas Register. The repeal of §97.1021 was necessary in order to comply with legislative changes relating to limitation on compliance monitoring in accordance with House Bill 3459, 78th Texas Legislature, 2003.
Also, a rule in 19 TAC Chapter 97, Subchapter AA (§97.1002, Identification of Technical Assistance Team Campuses), is not subject to review under Government Code, §2001.039, since the TEA has adopted the repeal of this rule, published in the July 20, 2007, issue of the Texas Register (32 TexReg 4549). The repeal of §97.1002 was necessary since this provision is addressed in the 2007 Accountability Manual, adopted as a figure in §97.1001.
As required by the Texas Government Code, §2001.039, the TEA will accept comments as to whether the reasons for adopting 19 TAC Chapter 97, Subchapters AA, BB, DD, and FF, continue to exist.
The public comment period on the review of 19 TAC Chapter 97, Subchapters AA, BB, DD, and FF, begins August 10, 2007, and ends September 9, 2007. Comments or questions regarding this rule review may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028.
TRD-200703248
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: July 26, 2007
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 103, concerning Agency Administration. 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 Senate Bill 178, 76th Legislature.
The Division's reason for adopting the following rules contained in this chapter no longer exists and; therefore, the repeal of these rules is recommended.
Subchapter A. Employee Training and Education Program
§103.1. General Provisions.
§103.2. Employee Training and Education Program.
§103.3. No Effect on At-Will Status.
§103.100. Historically Underutilized Businesses.
Subchapter B. Agency Contracts
§103.101. Vendor Protest Procedures.
Subchapter C. Resolution of Contract Claims
§103.300. Purpose.
§103.301. Applicability.
§103.302. Definitions.
§103.303. Prerequisites to Suit.
§103.304. Sovereign Immunity.
§103.305. Notice of Claim of Breach of Contract.
§103.306. Agency Counterclaim.
§103.307. Duty to Negotiate.
§103.308. Timetable.
§103.309. Conduct of Negotiation.
§103.310. Settlement Approval Procedures.
§103.311. Settlement Agreement.
§103.312. Costs of Negotiation.
§103.313. Request for Contested Case Hearing.
§103.314. Mediation Timetable.
§103.315. Mediation of Contract Disputes.
§103.316. Qualifications and Immunity of the Mediator.
§103.317. Confidentiality of Mediation and Final Settlement Agreement.
§103.318. Costs of Mediation.
§103.319. Settlement Approval Procedures.
§103.320. Initial Settlement Agreement.
§103.321. Final Settlement Agreement.
§103.322. Referral to the State Office of Administrative Hearings.
Subchapter D. Facilities and Property Management
§103.400. Fleet Vehicle Management Program.
Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on September 10, 2007, and submitted to Victoria Ortega, Legal Services, Texas Department of Insurance, Division of Workers' Compensation, 7551 Metro Center Drive, Suite 100, MS-4D, Austin, Texas 78744-1609.
TRD-200703294
Norma Garcia
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: July 27, 2007
State Board for Educator Certification
Title 19, Part 7
The State Board for Educator Certification (SBEC) adopts the review of 19 TAC Chapter 249, Disciplinary Proceedings, Sanctions, and Contested Cases Including Enforcement of the Educator's Code of Ethics, Subchapter A, General Provisions; Subchapter B, Enforcement Actions and Guidelines; Subchapter C, Prehearing Matters; Subchapter D, Hearing Procedures; Subchapter E, Posthearing Matters; and Subchapter F, Enforcement of the Educator's Code of Ethics, pursuant to the Texas Government Code, §2001.039. The SBEC proposed the review of 19 TAC Chapter 249, in the February 2, 2007, issue of the Texas Register (32 TexReg 455).
Relating to the review of 19 TAC Chapter 249, Subchapters A-F, the SBEC finds that the reasons for adopting continue to exist and readopts the rules with changes to streamline processes to promote a more efficient resolution of contested cases. In addition, numerous grammatical and technical changes would be made, such as updating statutory citation references to reflect current law. The SBEC will propose amendments to §§249.3 - 249.7, 249.9 - 249.15, 249.17 - 249.33, and 249.35 - 249.44 and the repeal of 249.1, 249.45, and Subchapter F, which includes §§249.46 - 249.56, for publication in an August 2007 issue of the Texas Register. The SBEC will not propose amendments to §§249.8, 249.16, and 249.34 at this time.
The SBEC received no comments related to the rule review of 19 TAC Chapter 249, Subchapters A-F.
This concludes the review of 19 TAC Chapter 249.
TRD-200703345
Cristina De La Fuente-Valadez
Director, Policy Coordination
State Board for Educator Certification
Filed: August 1, 2007