Review of Agency Rules

Proposed Rule Reviews

Texas Department of Criminal Justice

Title 37, Part 6

The Texas Board of Criminal Justice files this notice of intent to review Title 37, Part 6, Chapter 151, §151.6, concerning Petition for the Adoption of a Rule. This review is conducted pursuant to Texas Government Code §2001.039, which requires rule review every four years.

Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.

TRD-200800328

Melinda Hoyle Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: January 23, 2008


The Texas Board of Criminal Justice files this notice of intent to review Title 37, Part 6, Chapter 159, §159.13, concerning Educational Services to Released Offenders/Memorandum of Understanding. This review is conducted pursuant to Texas Government Code §2001.039, which requires rule review every four years.

Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.

TRD-200800329

Melinda Hoyle Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: January 23, 2008


The Texas Board of Criminal Justice files this notice of intent to review Title 37, Part 6, Chapter 163, §163.5, concerning Waiver to Standards. This review is conducted pursuant to Texas Government Code §2001.039, which requires rule review every four years.

Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.

TRD-200800330

Melinda Hoyle Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: January 23, 2008


The Texas Board of Criminal Justice files this notice of intent to review Title 37, Part 6, Chapter 163, §163.33, concerning Community Supervision Officers. This review is conducted pursuant to Texas Government Code §2001.039, which requires rule review every four years.

Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.

TRD-200800331

Melinda Hoyle Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: January 23, 2008


The Texas Board of Criminal Justice files this notice of intent to review Title 37, Part 6, Chapter 163, §163.38, concerning Sex Offender Supervision. This review is conducted pursuant to Texas Government Code §2001.039, which requires rule review every four years.

Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.

TRD-200800332

Melinda Hoyle Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: January 23, 2008


The Texas Board of Criminal Justice files this notice of intent to review Title 37, Part 6, Chapter 163, §163.41, concerning Medical and Psychological Information. This review is conducted pursuant to Texas Government Code §2001.039, which requires rule review every four years.

Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.

TRD-200800333

Melinda Hoyle Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: January 23, 2008


The Texas Board of Criminal Justice files this notice of intent to review Title 37, Part 6, Chapter 163, §163.43, concerning Funding and Financial Management. This review is conducted pursuant to Texas Government Code §2001.039, which requires rule review every four years.

Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.

TRD-200800334

Melinda Hoyle Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: January 23, 2008


Adopted Rule Reviews

Texas Department of Criminal Justice

Title 37, Part 6

The Texas Board of Criminal Justice (TBCJ or Board) has completed its review of Title 37, Part 6, Chapter 163, §163.31, concerning Sanctions, Programs, and Services, in accordance with the requirements of Texas Government Code §2001.039. The Board has determined that the reasons for initially adopting §163.31 continue to exist, and it readopts the section.

Notice of the review was published in the December 14, 2007, issue of the Texas Register (32 TexReg 9359). No comments were received as a result of that notice.

As a result of the rule review, the TDCJ published proposed amendments to §163.31 in the December 14, 2007, issue of the Texas Register (32 Tex Reg 9301). The Board adopted the amended rule on January 23, 2008, and the adoption notice is published in this issue of the Texas Register.

TRD-200800335

Melinda Hoyle Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: January 23, 2008


The Texas Board of Criminal Justice (TBCJ or Board) has completed its review of Title 37, Part 6, Chapter 163, §163.36, concerning Mentally Impaired Offender Supervision, in accordance with the requirements of Texas Government Code §2001.039. The Board has determined that the reasons for initially adopting §163.36 continue to exist, and it readopts the section.

Notice of the review was published in the December 14, 2007, issue of the Texas Register (32 TexReg 9359). No comments were received as a result of that notice.

As a result of the rule review, the TDCJ published proposed amendments to §163.36 in the December 14, 2007, issue of the Texas Register (32 Tex Reg 9303). The Board adopted the amended rule on January 23, 2008, and the adoption notice is published in this issue of the Texas Register.

TRD-200800336

Melinda Hoyle Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: January 23, 2008


The Texas Board of Criminal Justice (TBCJ or Board) has completed its review of Title 37, Part 6, Chapter 163, §163.39, concerning Residential Services, in accordance with the requirements of Texas Government Code §2001.039. The Board has determined that the reasons for initially adopting §163.39 continue to exist, and it readopts the section.

Notice of the review was published in the December 14, 2007, issue of the Texas Register (32 TexReg 9359). Comments were received as a result of that notice, and changes were incorporated into the proposed amended rule.

As a result of the rule review, the TDCJ published proposed amendments to §163.39 in the December 14, 2007, issue of the Texas Register (32 TexReg 9303). The Board adopted the amended rule with changes on January 23, 2008, and the adoption notice is published in this issue of the Texas Register.

TRD-200800337

Melinda Hoyle Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: January 23, 2008


State Securities Board

Title 7, Part 7

Pursuant to the notice of proposed rule review published in the September 7, 2007, issue of the Texas Register (32 TexReg 6161), the State Securities Board (Board) has reviewed and considered for readoption, revision, or repeal, all sections of the following chapters of Title 7, Part 7, of the Texas Administrative Code, in accordance with Texas Government Code, §2001.039: Chapter 107, Terminology; Chapter 127, Miscellaneous; and Chapter 131, Guidelines for Confidentiality of Information.

The Board considered, among other things, whether the reasons for adoption of these rules continue to exist. After its review, the Board finds that the reasons for adopting these rules continue to exist and readopts these chapters, without changes, pursuant to the requirements of the Government Code.

No comments were received regarding the readoption of Chapters 107, 127, and 131.

This concludes the review of 7 TAC Chapters 107, 127, and 131.

TRD-200800349

Denise Voigt Crawford

Securities Commissioner

State Securities Board

Filed: January 25, 2008


Pursuant to the notice of proposed rule review published in the December 7, 2007, issue of the Texas Register (32 TexReg 9136), the State Securities Board (Board) has reviewed and considered for readoption, revision, or repeal, all sections of the following chapters of Title 7, Part 7, of the Texas Administrative Code, in accordance with Texas Government Code, §2001.039: Chapter 109, Transactions Exempt from Registration; Chapter 111, Securities Exempt from Registration; and Chapter 139, Exemptions by Rule or Order.

The Board considered, among other things, whether the reasons for adoption of these rules continue to exist. After its review, the Board finds that the reasons for adopting these rules continue to exist and readopts these chapters, without changes, pursuant to the requirements of the Government Code.

No comments were received regarding the readoption of Chapters 109, 111, and 139.

This concludes the review of 7 TAC Chapters 109, 111, and 139.

TRD-200800351

Denise Voigt Crawford

Securities Commissioner

State Securities Board

Filed: January 25, 2008


Pursuant to the notice of proposed rule review published in the December 1, 2006, issue of the Texas Register (31 TexReg 9753), the State Securities Board (Board) has reviewed and considered for readoption, revision, or repeal, all sections of the following chapters of Title 7, Part 7, of the Texas Administrative Code, in accordance with Texas Government Code, §2001.039: Chapters 117, Administrative Guidelines for Registration of Real Estate Programs; 121, Administrative Guidelines for Registration of Oil and Gas Programs; 129, Administrative Guidelines for Registration of Asset-Backed Securities; 141, Administrative Guidelines for Registration of Equipment Programs; and 143, Administrative Guidelines for Registration of Real Estate Investment Trusts.

The Board considered, among other things, whether the reasons for adoption of these rules continue to exist. After its review, the Board finds that the reasons for adopting these rules continue to exist and readopts these chapters, without changes, pursuant to the requirements of the Government Code.

These five chapters constitute the Board's adoption of registration guidelines promulgated by the North American Securities Administrators Association (NASAA). NASAA has recently updated all of these guidelines. As a result, during the coming months the Board anticipates proposing repeal of the existing chapters and adoption of the new chapters, pursuant to the Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001. Chapter 117, the first new chapter to be proposed, will soon be published in the "Proposed Rules" section of a future issue of the Texas Register.

No comments were received regarding the readoption of Chapters 117, 121, 129, 141, and 143.

TRD-200800350

Denise Voigt Crawford

Securities Commissioner

State Securities Board

Filed: January 25, 2008


Texas State Soil and Water Conservation Board

Title 31, Part 17

Pursuant to the notice of proposed rule review published in the December 14, 2007, issue of the Texas Register (32 TexReg 9360), the Texas State Soil and Water Conservation Board (State Board) has reviewed and considered for readoption, revision, or repeal 31 TAC, Part 17, Chapter 517, Subchapter B, §§517.22 - 517.37, Cost-Share Assistance for Brush Control, in accordance with Texas Government Code, §2001.039.

The State Board considered, among other things, whether the reasons for adoption of these rules continue to exist. No comments were received on the proposed rule review.

As a result of the review, the State Board determined that the rules are still necessary and readopts this chapter, without change.

TRD-200800495

Mel Davis

Special Projects Coordinator

Texas State Soil and Water Conservation Board

Filed: January 29, 2008


Pursuant to the notice of proposed rule review published in the December 14, 2007, issue of the Texas Register (32 TexReg 9360), the Texas State Soil and Water Conservation Board (State Board) has reviewed and considered for readoption, revision, or repeal 31 TAC, Part 17, Chapter 527, §§527.1 - 527.7, Removal of a District Director, in accordance with Texas Government Code, §2001.039.

The State Board considered, among other things, whether the reasons for adoption of these rules continue to exist. No comments were received on the proposed rule review.

As a result of the review, the State Board determined that the rules are still necessary and readopts this chapter, without change.

TRD-200800496

Mel Davis

Special Projects Coordinator

Texas State Soil and Water Conservation Board

Filed: January 29, 2008