State Board for Educator Certification (Revised)
Title 19, Part 7
TRD-200800245
Filed: January 18, 2008
Commission on State Emergency Communications
Title 1, Part 12
The Commission on State Emergency Communications (CSEC) will review and consider whether to readopt, readopt with amendments, or repeal the rules in Title 1, Part 12, Chapter 251, concerning Regional Plans--Standards, of the Texas Administrative Code. This review is conducted in accordance with Texas Government Code, §2001.039.
CSEC has conducted a preliminary review of Chapter 251 and has determined that the reasons for initially adopting the chapter continue to exist.
All comments or questions regarding this review may be submitted in writing within 30 days following publication of this notice in the Texas Register to Patrick Tyler, General Counsel, at Commission on State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942; by facsimile to (512) 305-6937; or by e-mail to csecinfo@csec.state.tx.us. Any proposed changes to Chapter 251 will be published for comment in the "Proposed Rules" section of a subsequent issue of the Texas Register.
Chapter 251. Regional Plans--Standards
§251.1. Regional Strategic Plans for 9-1-1 Service.
§251.2. Guidelines for Changing or Extending 9-1-1 Service Arrangements.
§251.3. Use of Revenue in Certain Counties.
§251.4. Guidelines for Accessibility Equipment.
§251.5. Guidelines for 9-1-1 Equipment Management and Disposition.
§251.7. Guidelines for Implementing Integrated Services.
§251.8. Guidelines for the Procurement of Equipment and Services with 9-1-1 Funds.
§251.9. Guidelines for Database Maintenance Funds.
§251.10. Guidelines for Implementing Wireless E9-1-1 Service.
§251.11. Monitoring Policies and Procedures.
§251.12. Contracts for 9-1-1 Services.
§251.13. The Use of the 9-1-1 Database for Emergency Notification Services.
§251.14. General Provisions and Definitions.
TRD-200800201
Patrick Tyler
General Counsel
Commission on State Emergency Communications
Filed: January 17, 2008
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 142 concerning Dispute Resolution--Benefit Contested Case Hearing. 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:
§142.1. Application of the Administrative Procedure Act.
§142.2. Authority of the Hearing Officer.
§142.3. Ex Parte Communications.
§142.4. Delivery of Copies to All Parties.
§142.5. Sequence of Proceedings to Resolve Benefit Disputes.
§142.6. Setting a Benefit Contested Case Hearing.
§142.7. Statement of Disputes.
§142.8. Summary Procedures.
§142.9. Stipulations, Agreements, and Settlements.
§142.10. Continuance.
§142.11. Failure To Attend a Benefit Contested Case Hearing.
§142.12. Subpoena.
§142.13. Discovery.
§142.14. Permission To Use Court Reporter.
§142.16. Decision.
§142.17. Transcript or Duplicate of the Hearing Audiotape.
§142.18. Special Provisions for Cases on Remand from the Appeals Panel.
§142.19. Form Interrogatories.
§142.20. Interlocutory Orders.
Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on March 3, 2008 and submitted to Victoria Ortega, Texas Department of Insurance, Division of Workers' Compensation, 7551 Metro Center Drive, Suite 100, MS-4D, Austin, Texas 78744-1609.
TRD-200800299
Norma Garcia
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: January 23, 2008
The Texas Department of Insurance, Division of Workers' Compensation files this notice of intention to review the rules contained in Chapter 150 concerning Representation of Parties Before the Agency--Qualifications for Representatives. 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.
§150.1. Minimum Standards of Practice for an Attorney.
§150.2. Qualification and Authorization of Attorney To Practice before the Commission.
§150.3. Representatives: Written Authorization Required.
Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on March 3, 2008 and submitted to Victoria Ortega, Legal Services, The Texas Department of Insurance, Division of Workers' Compensation, 7551 Metro Center Drive, Suite 100, MS-4D, Austin, Texas 78744-1609.
TRD-200800300
Norma Garcia
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: January 23, 2008
The Texas Department of Insurance, Division of Workers' Compensation files this notice of intention to review the rules contained in Chapter 165 concerning Rejected Risk: Injury Prevention Services. 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.
§165.1. Identification and Notification of Certain Policyholders Insured by the Texas Mutual Insurance Company Acting as the Insurer of Last Resort.
§165.2. Safety Consultation.
§165.3. Formulation and Components of Accident Prevention Plan.
§165.4. Request for Safety Consultation From the Division.
§165.5. Reimbursement of Division for Services Provided to Rejected Risk Employers.
§165.6. Follow-up Inspection of the Policyholder's Premises by the Division.
§165.7. Report of Follow-Up Inspection.
Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on March 3, 2008 and submitted to Victoria Ortega, Legal Services, The Texas Department of Insurance, Division of Workers' Compensation, 7551 Metro Center Drive, Suite 100, MS-4D, Austin, Texas 78744-1609.
TRD-200800301
Norma Garcia
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: January 23, 2008
Title 7, Part 8
The Finance Commission of Texas and the Texas Credit Union Commission ("commissions") file this notice of intention to review and consider the following chapters of Texas Administrative Code, Title 7, Part 8, in their entirety, for readoption, revision, or repeal, as required by Texas Government Code, §2001.039:
Chapter 151 (relating to Home Equity Lending Procedures), comprised of §§151.1 - 151.8, and
Chapter 153 (relating to Home Equity Lending), comprised of §§153.1-153.5, 153.7 - 153.18, 153.20, 153.22, 153.24, 153.25, 153.41, 153.51, 153.82, 153.84 - 153.88, and 153.91 - 153.96.
Texas Constitution, Article XVI, §50 ("Section 50"), sets out the only permissible encumbrances on a homestead. Pursuant to Section 50(u), as implemented by Texas Finance Code, §11.308 and §15.413, the power to interpret Section 50(a)(5) - (7), (e) - (p), and (t) of the Texas Constitution has been separately and independently delegated to the commissions, subject to the statutory admonition that the commissions strive for consistency in the exercise of this independent authority. The commissions have jointly adopted the rules in 7 TAC, Chapter 151, Chapter 152 (relating to Repair, Renovation, and New Construction on Homestead Property), and Chapter 153. This notice of intention to review relates only to Chapters 151 and 153.
Written comments regarding the review of Chapters 151 and 153 will be accepted for 30 days following the publication of this notice in the Texas Register. Any questions or written comments pertaining to this notice of intention to review should be directed to Sealy Hutchings, General Counsel, Office of Consumer Credit Commissioner, 2601 North Lamar Boulevard, Austin, Texas 78705-4207 or to Betsy Loar, General Counsel, Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699, or by email to sealy.hutchings@occc.state.tx.us or to betsy.loar@tcud.state.tx.us.
The commissions invite your comments on whether the reasons for adoption of these rules continue to exist. In addition, the recent passage of a constitutional amendment affects several interpretations (sections) in Chapter 153. In an upcoming issue of the Texas Register , the commissions plan to propose amendments to §153.22, outlining the lender's obligation to provide copies of certain documents at closing; to §153.51, clarifying the lender's obligation to provide certain disclosures at least one business day prior to closing; and to §153.84, implementing the prohibition on the owner's use of preprinted checks unsolicited by the borrower to obtain a HELOC advance. Comments are also solicited to identify other provisions in Chapter 153 that may require revision or repeal as a result of the recent constitutional amendment.
Any proposed changes to these sections as a result of the rule review will be published in the Texas Register in compliance with Texas Government Code, Chapter 2001. Proposed amendments and interpretations are subject to public comment for a reasonable period of at least 30 days prior to final adoption or repeal by the commissions.
TRD-200800303
Leslie L. Pettijohn
Consumer Credit Commissioner
Joint Financial Regulatory Agencies
Filed: January 23, 2008
Title 22, Part 17
The Texas State Board of Plumbing Examiners (Board) will review and consider for re-adoption, re-adopt with amendments, or repeal Title 22, Part 17, Chapter 361, Administration. This review is done pursuant to Texas Government Code, §2001.039, which requires agencies to periodically review rules. A preliminary review of this chapter indicates that the reasons for initially adopting these rules continue to exist. The Board will determine whether the reasons for re-adopting these rules continue to exist.
All comments or questions in response to this notice of intention to review may be submitted within 30 days of this proposal being posted in the Texas Register to Robert L. Maxwell, Executive Director, Texas State Board of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas 78765-4200.
Any proposed changes to this chapter as a result of this review will be published in the Proposed Rules section of the Texas Register and will be open for public comments for a 30-day period prior to final adoption of any repeal, amendment or re-adoption.
TRD-200800198
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Filed: January 17, 2008
The Texas State Board of Plumbing Examiners (Board) will review and consider for re-adoption, re-adopt with amendments, or repeal Title 22, Part 17, Chapter 363, Examination and Registration. This review is done pursuant to Texas Government Code, §2001.039, which requires agencies to periodically review rules. A preliminary review of this chapter indicates that the reasons for initially adopting these rules continue to exist. The Board will determine whether the reasons for re-adopting these rules continue to exist.
All comments or questions in response to this notice of intention to review may be submitted within 30 days of this proposal being posted in the Texas Register to Robert L. Maxwell, Executive Director, Texas State Board of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas 78765-4200.
Any proposed changes to this chapter as a result of this review will be published in the Proposed Rules section of the Texas Register and will be open for public comments for a 30-day period prior to final adoption of any repeal, amendment, or re-adoption.
TRD-200800199
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Filed: January 17, 2008
Title 43, Part 1
In accordance with Texas Government Code, §2001.039, the Texas Department of Transportation (department) files this notice of intention to review Texas Administrative Code, Title 43, Part 1, Chapter 5, Finance; Chapter 15, Transportation Planning and Programming; and Chapter 27, Toll Projects.
The department will accept comments regarding whether the reasons for adopting these chapters continue to exist. The comment period will last 30 days beginning with the publication of this notice of intention to review.
Comments regarding this rule review may be submitted in writing to Bob Jackson, General Counsel, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701-2483.
TRD-200800195
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: January 16, 2008
State Board for Educator Certification
Title 19, Part 7
The State Board for Educator Certification (SBEC) adopts the review of 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Types and Classes of Certificates Issued, and Subchapter B, Certificate Renewal and Continuing Professional Education Requirements, pursuant to the Texas Government Code, §2001.039. The SBEC proposed the review of 19 TAC Chapter 232, in the August 17, 2007, issue of the Texas Register (32 TexReg 5193).
Relating to the review of 19 TAC Chapter 232, Subchapters A and B, the SBEC finds that the reasons for adoption continue to exist and readopts the rules with changes to update the rules to reflect current law and add specificity to the requirements relating to types and classes of certificates issued, certificate renewal, and continuing professional education requirements.
Following is a summary of the public comments received and corresponding responses.
Comment. The Texas Classroom Teachers Association (TCTA) strongly recommended the deletion of §232.5, relating to the temporary teacher certificate (TTC), since only one certificate has been issued since 2004. The TCTA also commented that they believe the TTC does not fall within the No Child Left Behind Act's narrow exception to the requirement of full state certification for teachers.
Board Response. The SBEC disagreed with the comment and retained §232.5 in rule. The No Child Left Behind (NCLB) Program Coordination staff at the Texas Education Agency (TEA) have advised that the TTC meets NCLB requirements.
Comment. The TCTA commented that if §232.5 is retained, language in §232.5(j) should be amended to replace the word "shall" with the word "may."
Board Response. The SBEC agreed with the comment and took action to propose an amendment, as recommended by TEA staff, that would replace the word "shall" with the word "may" in §232.5(j) related to recommending an educator for a certificate. The proposed amendment may be found in the Proposed Rules section of this issue.
Comment. An individual commented that allowances should be made for meeting the continuing professional education (CPE) requirement for certificate holders who take time off from teaching to raise families. The individual also suggested in lieu of allowances that CPE classes be offered free of charge through regional education service centers to certificate holders who take time off to raise families.
Board Response. The SBEC disagreed with the comment and took no action to propose changes that would provide exceptions to the CPE requirement, as recommended by TEA staff. The purpose of continuing professional education is to help teachers positively impact student learning.
The SBEC is proposing amendments to §§232.1-232.6, 232.800, 232.810, 232.820, 232.830, 232.840, 232.850, 232.860, 232.870-232.872, 232.880, and 232.890 and the repeal of §232.900, which may be found in the Proposed Rules section of this issue. The SBEC is not proposing an amendment to §232.851.
This concludes the review of 19 TAC Chapter 232.
TRD-200800246
Raymond Glynn
Acting Deputy Commissioner, School District Leadership and Educator Quality, Texas Education Agency
State Board for Educator Certification
Filed: January 18, 2008
The State Board for Educator Certification (SBEC) adopts the review of 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, pursuant to the Texas Government Code, §2001.039. The SBEC proposed the review of 19 TAC Chapter 233, in the August 17, 2007, issue of the Texas Register (32 TexReg 5193).
Relating to the review of 19 TAC Chapter 233, the SBEC finds that the reasons for adoption continue to exist and readopts the rules with changes to update the rules to reflect current law and clarify the appropriate certification for specific assignment eligibility for the holders of the Early Childhood-Grade 4, Early Childhood-Grade 6, Grades 4-8, Grades 8-12, and Early Childhood-Grade 12 certificates.
The SBEC is proposing amendments to §§233.1-233.9 and 233.11-233.14, which may be found in the Proposed Rules section of this issue. The SBEC is not proposing an amendment to §233.10.
The SBEC received no comments related to the rule review of 19 TAC Chapter 233.
This concludes the review of 19 TAC Chapter 233.
TRD-200800247
Raymond Glynn
Acting Deputy Commissioner, School District Leadership and Educator Quality, Texas Education Agency
State Board for Educator Certification
Filed: January 18, 2008