Review of Agency Rules

Proposed Rule Reviews

General Land Office

Title 31, Part 1

In accordance with §2001.039 Government Code, the Texas General Land Office (GLO) submits the following Notice of Intent to Review the rules found in 31 TAC, Part 1, Chapter 19 relating to Oil Spill Prevention And Response, including Subchapter A, relating to General Provisions, §§19.1 - 19.6; Subchapter B, relating to Spill Prevention and Preparedness, §§19.11 - 19.14, 19.16, 19.18, 19.20; Subchapter C, relating to Spill Response, §§19.31-19.37, 19.39; Subchapter D, relating to Compensation and Liability, §§19.51 - 19.55; and Subchapter E, relating to Vessels, §§19.60 - 19.63. This review of Chapter 19 is filed in accordance with the General Land Office's Rule Review Plan published in the May 25, 2007, issue of the Texas Register (32 TexReg 2883).

Review of the rules under this chapter will determine whether the reasons for adoption of the rules continue to exist. This Notice of Intent to Review of 31 TAC, Part 1, Chapter 19, Oil Spill Prevention and Response, applies to the chapter in its entirety.

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 Register Liaison, General Land Office, P.O. Box 12873, Austin, Texas 78711-2873, facsimile number (512) 463-6311 or email to walter.talley@glo.state.tx.us. Written comments must be received no later than thirty (30) days from the date of publication of this notice.

TRD-200801734

Trace Finley

Policy Director

General Land Office

Filed: April 2, 2008


Texas Department of Licensing and Regulation

Title 16, Part 4

The Texas Department of Licensing and Regulation (Department) files this notice of intent to review and consider for re-adoption, revision, or repeal, Title 16, Texas Administrative Code, Chapter 57, For-Profit Legal Service Contract Companies. This review and consideration is being conducted in accordance with the requirements of Texas Government Code, §2001.039.

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 Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the Department.

Any questions or written comments pertaining to this rule review may be submitted to Caroline Jackson, Legal Assistant, General Counsel’s Office, P.O. Box 12157, Austin, Texas 78711, or facsimile: (512) 475-3032, or electronically: erule.comments@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register.

Proposed changes to these rules 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 or repeal by the Department, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

§57.1. Authority

§57.10. Definitions

§57.21. Registration Requirements--Company

§57.22. Registration Requirements--Sales Representative

§57.23. Registration Requirements--Administrator

§57.25. Registration Requirements--Renewal

§57.70. Responsibilities of Registrants--General

§57.71. Responsibilities of Registrants--Company

§57.72. Responsibilities of Registrant--Sales Representative

§57.80. Fees

§57.90. Administrative Penalties and Sanctions

TRD-200801881

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: April 8, 2008


The Texas Department of Licensing and Regulation (Department) files this notice of intent to review and consider for re-adoption, revision, or repeal, Title 16, Texas Administrative Code, Chapter 70, Industrialized Housing and Buildings. This review and consideration is being conducted in accordance with the requirements of Texas Government Code, §2001.039.

An assessment will be made by the Department as to whether the reasons for adopting or readopting these rules continue to exist. 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 Department.

Any questions or written comments pertaining to this rule review may be submitted to Caroline Jackson, Legal Assistant, General Counsel’s Office, P.O. Box 12157, Austin, Texas 78711, or facsimile: (512) 475-3032, or electronically: erule.comments@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register.

Proposed changes to these rules 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 or repeal by the Department, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

§70.1. Authority

§70.10. Definitions

§70.20. Registration of Manufacturers and Industrialized Builders

§70.21. Registration of Design Review Agencies and Third Party Inspection Agencies and Inspectors

§70.22. Criteria for Approval of Design Review Agencies

§70.23. Criteria for Approval of Third Party Inspection Agencies and Inspectors

§70.30. Exemptions

§70.50. Manufacturer's and Builder's Monthly Reports

§70.51. Third Party Inspection Reports

§70.60. Responsibilities of the Department--Plant Certification

§70.61. Responsibilities of the Department--In-plant Inspection

§70.62. Responsibilities of the Local Building Official--Building Site Inspections

§70.63. Council's Responsibilities--Compliance Disputes

§70.64. Responsibilities of the Department--Proprietary Information Protected

§70.65. Responsibilities of the Commissioner--Reciprocity

§70.70. Responsibilities of the Registrants--Manufacturer's Design Package

§70.71. Responsibilities of the Registrants--Manufacturer's Data Plate

§70.72. Responsibilities of the Registrants--Delivery to Other States

§70.73. Responsibilities of the Registrants--Building Site Inspections

§70.74. Responsibilities of the Registrations--Alterations

§70.75. Responsibilities of the Registrants--Permit/Owner Information

§70.76. Responsibilities of the Registrants--Proprietary Information Protected

§70.77. Responsibilities of the Registrants--Decals and Insignia for New Construction

§70.78. Responsibilities of the Registrants--General

§70.80. Commission Fees

§70.81. Late Renewal Fees

§70.90. Sanctions--Administrative Sanctions/Penalties

§70.92. Sanctions for Failure to Comply by Design Review Agencies, Third Party Inspection Agencies, and Third Party Inspectors

§70.100. Mandatory Building Codes

§70.101. Amendments to Mandatory Building Codes

§70.102. Use and Construction of Codes

§70.103. Alternate Materials and Methods

§70.120. Intent

TRD-200801882

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: April 8, 2008


The Texas Department of Licensing and Regulation (Department) files this notice of intent to review and consider for re-adoption, revision, or repeal, Title 16, Texas Administrative Code, Chapter 76, Water Well Drillers and Water Well Pump Installers. This review and consideration is being conducted in accordance with the requirements of Texas Government Code, §2001.039.

An assessment will be made by the Department as to whether the reasons for adopting or readopting these rules continue to exist. 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 Department.

Any questions or written comments pertaining to this rule review may be submitted to Caroline Jackson, Legal Assistant, General Counsel’s Office, P.O. Box 12157, Austin, Texas 78711, or facsimile: (512) 475-3032, or electronically: erule.comments@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register.

Proposed changes to these rules 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 or repeal by the Department, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

§76.1. Purpose of Rules

§76.10. Definitions

§76.200. Licensing Requirements--General

§76.201. Requirements for Issuance of a License

§76.202. Applications for Licenses and Renewals

§76.203. Examinations

§76.204. License and Apprentice Registration Renewal

§76.205. Registration for Driller and/or Pump Installer Apprenticeship

§76.206. Responsibilities of the Apprentice and Supervising Driller and/or Pump Installer

§76.250. Continuing Education

§76.300. Exemptions

§76.600. Responsibilities of the Department--Certification by the Executive Director

§76.601. Responsibilities of the Department--General

§76.602. Responsibilities of the Department--Undesirable water

§76.650. Advisory Council

§76.700. Responsibilities of the Licensee--State Well Reports

§76.701. Responsibilities of the Licensee--Reporting Undesirable Water or Constituents

§76.702. Responsibilities of the Licensee and Landowner--Well Drilling, Completion, Capping and Plugging

§76.703. Responsibilities of the Licensee--Standards of Completion for Public Water System Wells

§76.704. Responsibilities of the Licensee--Marking Vehicles and Equipment

§76.705. Responsibilities of the Licensee--Representations

§76.706. Responsibilities of the Licensee--Unauthorized Practice

§76.708. Responsibilities of the Licensee--Adherence to Manufacturers' Recommended Well Construction Materials and Equipment

§76.800. Fees

§76.900. Disciplinary Actions

§76.1000. Technical Requirements--Locations and Standards of Completion for Wells

§76.1001. Technical Requirements--Standards of Completion for Water Wells Encountering Undesirable Water or Constituents

§76.1002. Technical Requirements--Standards for Wells Producing Undesirable Water or Constituents

§76.1003. Technical Requirements--Re-completions

§76.1004. Technical Requirements--Standards for Capping and Plugging of Wells and Plugging Wells that Penetrate Undesirable Water or Constituent Zones

§76.1005. Technical Requirements--Standards for Water Wells (Drilled before June 1, 1983)

§76.1006. Technical Requirements--Water Distribution and Delivery Systems

§76.1007. Technical Requirements--Chemical Injection, Chemigation, and Foreign Substance Systems

§76.1008. Technical Requirements--Pump Installation

§76.1009. Technical Requirements--Variances--Alternative Procedures

§76.1010. Appeals--Variances

§76.1011. Memorandum of Understanding between the Texas Department of Licensing and Regulation and the Texas Commission on Environmental Quality

TRD-200801883

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: April 8, 2008