Title 31, Part 1
In accordance with §2001.039, Government Code, the Texas General Land Office (GLO) is serving notice of its intent to review rules under Title 31, Part 1 of the Texas Administrative Code.
The rule review will be conducted on a chapter-by-chapter basis and individual notices of intent to review all rules under each chapter will be published in the Rule Review section of the Texas Register. Review of the rules under each chapter listed in this plan will determine whether the reasons for adoption of the rules continues to exist. During the review process, the GLO may also determine that a rule may need to be amended to further refine the directives and goals of the GLO, or that no changes to a rule as currently in effect are necessary as that rule is no longer valid or applicable. Rules will also be combined or reduced for simplification and clarity when feasible. Readopted rules will be noted in the Texas Register Rules Review section without publication of the text. Any proposed amendments or repeal of a rule or chapter 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.
The GLO invites suggestions from the public during the review process and will address any comments received. Any questions or comments should be directed to Walter Talley, Texas General Land Office, 1700 North Congress, Room 910, Austin, Texas 78701-1495, (512) 475-1859, walter.talley@glo.state.tx.us.
The GLO will initiate the review of rules within each of the following chapters that have not already been reviewed in accordance with §2001.039, Government Code. The review will begin in May 2007 and be concluded by no later than May 31, 2008.
Chapter 1. Executive Administration.
Chapter 2. Rules of Practice and Procedure.
Chapter 9. Exploration and Leasing of State Oil and Gas.
Chapter 10. Exploration and Development of State Minerals Other Than Oil and Gas.
Chapter 14. Relationship Between Agency and Private Organizations.
Chapter 19. Oil Spill Prevention and Response.
TRD-200701920
Trace Finley
Policy Director
General Land Office
Filed: May 16, 2007
Title 22, Part 15
The Texas State Board of Pharmacy files this notice of intent to review Chapter 291, Subchapter F (§§291.101 - 291.105), concerning Non-Resident Pharmacy (Class E), 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 p.m., July 20, 2007.
TRD-200701852
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Filed: May 14, 2007
The Texas State Board of Pharmacy files this notice of intent to review Chapter 295 (§§295.1 - 295.9, 295.11 - 295.13, and 295.15), concerning Pharmacists, 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 p.m., July 20, 2007.
TRD-200701851
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Filed: May 14, 2007
Title 22, Part 21
The Texas State Board of Examiners of Psychologists proposes to review Chapter 465, concerning Rules of Practice (§§465.11 - 465.20). The proposed amendments to this chapter are published in the Proposed Rules section of this issue of the Texas Register.
Comments on the proposed rule review may be submitted to Brenda Skiff, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Tower II, Suite 2-450, Austin, Texas 78701.
TRD-200701822
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Filed: May 10, 2007
Title 16, Part 1
The Railroad Commission of Texas files this notice of intention to review and re-adopt 16 TAC Chapter 1 relating to Practice and Procedure. This review is being conducted in accordance with Texas Government Code §2001.039. The agency's reasons for adopting these rules continue to exist.
Comments on the proposal may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will accept comments for 30 days after publication in the Texas Register. The Commission encourages all interested persons to submit comments no later than the deadline. The Commission cannot guarantee that comments submitted after the deadline will be considered. For further information, call Kellie Martinec at (512) 475-1295. The status of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.
TRD-200701877
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Filed: May 15, 2007
The Railroad Commission of Texas files this notice of intention to review and re-adopt 16 TAC Chapter 8 relating to Pipeline Safety Regulations. This review is being conducted in accordance with Texas Government Code §2001.039. The agency's reasons for adopting these rules continue to exist.
Comments on the proposal may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will accept comments for 30 days after publication in the Texas Register. The Commission encourages all interested persons to submit comments no later than the deadline. The Commission cannot guarantee that comments submitted after the deadline will be considered. For further information, call Kellie Martinec at (512) 475-1295. The status of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.
TRD-200701878
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Filed: May 15, 2007
The Railroad Commission of Texas files this notice of intention to review and re-adopt 16 TAC Chapter 20 relating to Administration. This review is being conducted in accordance with Texas Government Code §2001.039. The agency's reasons for adopting these rules continue to exist.
Comments on the proposal may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will accept comments for 30 days after publication in the Texas Register. The Commission encourages all interested persons to submit comments no later than the deadline. The Commission cannot guarantee that comments submitted after the deadline will be considered. For further information, call Kellie Martinec at (512) 475-1295. The status of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html.
TRD-200701879
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Filed: May 15, 2007
Comptroller of Public Accounts
Title 34, Part 1
The Comptroller of Public Accounts (comptroller) readopts all sections under Texas Administrative Code, Title 34, Part 1, Chapter 3, Subchapter N (County Sales and Use Tax):
§3.251. Adopting or Abolishing County Tax.
§3.252. Collection and Allocation of County Tax.
§3.253. County Use Tax.
The Comptroller of Public Accounts (comptroller) readopts all sections under Texas Administrative Code, Title 34, Part 1, Chapter 3, Subchapter P (Municipal Sales and Use Tax):
§3.371. Effect of Rules; Permits and Certificates; Exclusion of Certain Sales.
§3.372. Adopting, Increasing, Decreasing, or Abolishing City Tax.
§3.373. Change or Alteration of City Boundaries.
§3.374. Collection and Allocation of the City Sales Tax.
§3.375. City Use Tax.
§3.376. Prior Contract Exemptions.
§3.377. Divergent Use of a Direct Payment, Resale or Exemption Certificate.
§3.378. Natural Gas and Electricity.
§3.379. Contractors.
The Comptroller of Public Accounts (comptroller) readopts all sections under Texas Administrative Code, Title 34, Part 1, Chapter 3, Subchapter R (Transit Sales and Use Tax):
§3.421. Effect of Rules; Permits and Certificates; Exclusion of Certain Sales of Qualified Retailers.
§3.422. Adopting, Increasing, Decreasing, or Abolishing Transit (MTA) Tax.
§3.423. Change or Alteration of Authority Boundaries; Withdrawal from Authority; Notification Required.
§3.424. Collection and Allocation of Transit Sales Tax.
§3.425. Transit Use Tax.
§3.426. Prior Contract Exemptions.
§3.427. Divergent Use of a Direct Payment, Resale, or Exemption Certificate.
§3.428. Natural Gas and Electricity.
§3.429. Contractors.
The comptroller has reviewed Subchapter N, §§3.251 - 3.253, Subchapter P, §§3.371 - 3.379, and Subchapter R, §§3.421 - 3.429, and determined that the reasons for initially adopting these rules continue to exist.
Notice of any changes to these rules will be published in the Texas Register as required under the Administrative Procedures Act, Government Code, Chapter 2001.
This review was conducted in accordance with Government Code, §2001.039. The proposed rule review was published in the March 19, 2004, issue of the Texas Register (29 TexReg 2927). No comments were received concerning the readoption of these sections.
TRD-200701919
Martin Cherry
General Counsel
Comptroller of Public Accounts
Filed: May 16, 2007
The Comptroller of Public Accounts (comptroller) readopts Texas Administrative Code, Title 34, Part 1, Chapter 3, Subchapter O (State Sales and Use Tax), §§3.281 - 3.308 and §§3.310 - 3.323.
§3.281. Records Required; Information Required.
§3.282. Auditing Taxpayer Records.
§3.283. Bartering Clubs and Exchanges.
§3.284. Drugs, Medicines, Medical Equipment, and Devices.
§3.285. Resale Certificate; Sales for Resale.
§3.286. Seller's and Purchaser's Responsibilities.
§3.287. Exemption Certificates.
§3.288. Direct Payment Procedures and Qualifications.
§3.289. Alcoholic Beverage Exemptions.
§3.290. Motor Vehicle Repair and Maintenance; Accessories and Equipment Added to Motor Vehicles; Moveable Special Equipment.
§3.291. Contractors.
§3.292. Repair, Remodeling, Maintenance, and Restoration of Tangible Personal Property.
§3.293. Food; Food Products; Meals; Food Service.
§3.294. Rental and Lease of Tangible Personal Property.
§3.295. Natural Gas and Electricity.
§3.296. Agriculture, Animal Life, Feed, Seed, Plants, and Fertilizer.
§3.297. Carriers.
§3.298. Amusement Services.
§3.299. Newspapers, Magazines, Publishers, Exempt Writings.
§3.300. Manufacturing; Custom Manufacturing; Fabricating; Processing.
§3.301. Promotional Plans, Coupons, Retailer Reimbursement.
§3.302. Accounting Methods, Credit Sales, Bad Debt Deductions, Repossession, Interest on Sales Tax and Trade-Ins.
§3.303. Transportation and Delivery Charges.
§3.304. Morticians and Monument Builders.
§3.305. Criminal Offenses and Penalties.
§3.306. Sales of Mobile Offices, Portable Buildings, Prefabricated Buildings, and Ready-Built Homes.
§3.307. Florists.
§3.308. Computers--Hardware, Software, Services and Sales.
§3.310. Laundry, Cleaning, and Garment Services.
§3.311. Auctioneers, Brokers, and Factors.
§3.312. Graphic Arts or Related Occupations; Miscellaneous Activities.
§3.313. Cable Television Service.
§3.314. Wrapping, Packing, Packaging Supplies, Containers, Labels, Tags, Export Packers, and Stevedoring Materials and Supplies.
§3.315. Motor Vehicle Parking and Storage.
§3.316. Occasional Sales; Joint Ownership Transfers; Sales by Senior Citizens' Organizations; Sales by University and College Student Organizations; and Sales by Nonprofit Animal Shelters.
§3.317. Massage Parlors, Escort Services, and Turkish Baths.
§3.318. Water-Related Exemptions.
§3.319. Prior Contracts.
§3.320. Texas Emissions Reduction Plan Surcharge; Off-Road, Heavy-Duty Diesel Equipment.
§3.321. Advertising Agencies.
§3.322. Exempt Organizations.
§3.323. Imports and Exports.
The comptroller has reviewed Subchapter O, §§3.281 - 3.308 and §§3.310 - 3.323, and determined that the reasons for initially adopting these rules continue to exist.
Notice of any changes to these rules will be published in the Texas Register as required under the Administrative Procedures Act, Government Code, Chapter 2001.
This review was conducted in accordance with Government Code, §2001.039. The proposed rule review was published in the March 24, 2006, issue of the Texas Register (31 TexReg 2703). No comments were received concerning the readoption of these sections.
TRD-200701907
Martin Cherry
General Counsel
Comptroller of Public Accounts
Filed: May 16, 2007
Title 19, Part 2
The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 75, Curriculum, Subchapter AA, Commissioner's Rules Concerning Driver Education Standards of Operation for Public Schools, Education Service Centers, and Colleges or Universities; and Subchapter BB, Commissioner's Rules Concerning Special Provisions for Career and Technology Education, pursuant to the Texas Government Code, §2001.039. The TEA proposed the review of 19 TAC Chapter 75, Subchapters AA and BB, in the February 16, 2007, issue of the Texas Register (32 TexReg 633).
Relating to the review of 19 TAC Chapter 75, Subchapter AA, the TEA finds that the reasons for adopting Subchapter AA continue to exist and readopts the rules. The TEA will propose changes to Subchapter AA to update statutory references along with any other changes that may result from the 80th Texas Legislature, 2007, after the close of the session.
Relating to the review of 19 TAC Chapter 75, Subchapter BB, the TEA finds that the reasons for adopting Subchapter BB continue to exist and readopts the rules. The TEA will propose changes to Subchapter BB at a later date to update section titles and to reflect existing statute.
The TEA received no comments related to the rule review of 19 TAC Chapter 75, Subchapters AA and BB.
This concludes the review of 19 TAC Chapter 75.
TRD-200701883
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: May 15, 2007
The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 76, Extracurricular Activities, Subchapter AA, Commissioner's Rules, pursuant to the Texas Government Code, §2001.039. The TEA proposed the review of 19 TAC Chapter 76, Subchapter AA, in the February 16, 2007, issue of the Texas Register (32 TexReg 634).
The TEA finds that the reasons for adopting 19 TAC Chapter 76, Subchapter AA, continue to exist and readopts the rule. The TEA plans to propose amendments to Subchapter AA at a later date in order to provide clarification about provisions relating to extracurricular activities.
The TEA received no comments related to the rule review of 19 TAC Chapter 76, Subchapter AA.
This concludes the review of 19 TAC Chapter 76.
TRD-200701884
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: May 15, 2007
Title 22, Part 21
The Texas State Board of Examiners of Psychologists adopts its review of Chapter 465, concerning Rules of Practice (§§465.1 - 465.10) and Chapter 473, concerning Fees (All). The adopted amendments to Chapter 465 and Chapter 473 are published in the Adopted Rules section of this issue of the Texas Register.
No public comments were received regarding the proposed rule review of these chapters.
TRD-200701823
Sherry L. Lee
Executive Director
Texas State Board of Examiners of Psychologists
Filed: May 10, 2007