Texas Department of Agriculture
Title 4, Part 1
The Texas Department of Agriculture (the department) proposes to review 4 Texas Administrative Code Part 1, Chapter 9, concerning Seed Quality; Chapter 10, concerning Seed Certification Standards; Chapter 16, concerning Aquaculture; and Chapter 20, concerning Cotton Pest Control, pursuant to the Texas Government Code, §2001.039. Section 2001.039 requires state agencies to review and consider for readoption each of their rules every four years. The review must include an assessment of whether the original justification for the rules continues to exist.
The assessment of Chapters 9, 10, 16, and 20 by the department at this time indicates that the reason for readopting without changes all sections in these chapters continues to exist.
The department is accepting comment on the review of Chapters 9, 10, 16, and 20. Comments on the review must be submitted within 30 days following the publication of this notice in the Texas Register . Comments may be submitted to David Kostroun, Assistant Commissioner for Regulatory Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711.
TRD-200802728
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Filed: May 23, 2008
Title 37, Part 6
The Texas Board of Criminal Justice files this notice of intent to review §151.21, concerning the Weapons Policy. 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 notice in the Texas Register.
TRD-200802760
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Filed: May 27, 2008
The Texas Board of Criminal Justice files this notice of intent to review §151.73, concerning Texas Board of Criminal Justice Vehicle Assignments. This review is being 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 notice in the Texas Register.
TRD-200802761
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Filed: May 27, 2008
The Texas Board of Criminal Justice files this notice of intent to review §152.61, concerning TDCJ Emergency Response to Non-Agent Private Prisons/Jails. 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 notice in the Texas Register.
TRD-200802762
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Filed: May 27, 2008
Title 7, Part 4
The Finance Commission of Texas files this notice of intention to review and consider for re-adoption, revision or repeal, Texas Administrative Code, Title 7, Part 4:
Savings and Loan Rules:
Chapter 51, §§51.1 - 51.15, relating to Charter Applications;
Chapter 53, §§53.1 - 53.5 and 53.7 - 53.18, relating to Additional Offices;
Chapter 57, §§57.1 - 57.4, relating to Change of Office Location or Name;
Chapter 59, §59.1, relating to Foreign Building and Loan Association;
Chapter 61, §§61.1 - 61.3, relating to Hearings;
Chapter 63, §§63.1 - 63.15, relating to Fees and Charges;
Chapter 64, §§64.1 - 64.10, relating to Books, Records, Accounting Practices, Financial Statements, Reserves, Net Worth, Examinations, Consumer Complaints;
Chapter 65, §§65.1 - 65.24, relating to Loans and Investments;
Chapter 67, §§67.1 - 67.4 and 67.6 - 67.17, relating to Savings and Deposit Accounts;
Chapter 69, §§69.1 - 69.11, relating to Reorganization, Merger, Consolidation, Acquisition, and Conversion;
Chapter 71, §§71.1 - 71.8, relating to Change of Control;
Chapter 73, §§73.1 - 73.6, relating to Subsidiary Corporations;
Savings Bank Rules:
Chapter 75, relating to Applications:
Subchapter A, §§75.1 - 75.10, relating to Charter Applications;
Subchapter B, §§75.25 - 75.27, relating to Expedited Applications;
Subchapter C, §§75.31 - 75.39 and 75.41, relating to Additional Offices;
Subchapter D, §§75.81 - 75.91, relating to Reorganization, Merger, Consolidation, Conversion, Purchase, and Assumption and Acquisition;
Subchapter E, §§75.121 - 75.127, relating to Change of Control;
Chapter 77, relating to Loans, Investments, Savings, and Deposits:
Subchapter A, §§77.1 - 77.11, 77.31 - 77.33, 77.35, 77.51, 77.71 - 77.74, and 77.91 - 77.96, relating to Authorized Loans and Investments; and
Subchapter B, §§77.101 - 77.104, 77.106 - 77.113, 77.115, and 77.116, relating to Savings and Deposits;
Chapter 79, relating to Miscellaneous:
Subchapter A, §§79.1 - 79.7 and 79.12, relating to Books, Records, Accounting Practices, Financial Statements and Reserves;
Subchapter B, §§79.21 - 79.26, relating to Capital and Capital Obligations;
Subchapter C, §§79.41 - 79.47, relating to Holding Companies;
Subchapter D, §79.61, relating to Foreign Savings Banks;
Subchapter E, §§79.71 - 79.73, relating to Hearings;
Subchapter F, §§79.91 - 79.103 and 79.105 - 79.110, relating to Fees and Charges;
Subchapter G, §79.121, relating to Statements of Policy; and
Subchapter H, §79.122, relating to Consumer Complaints Procedures;
Mortgage Broker Licensing Rules:
Chapter 80, relating to Mortgage Broker and Loan Officer Licensing:
Subchapter A, §§80.1 - 80.7, relating to Licensing;
Subchapter B, §§80.8 - 80.11, relating to Professional Conduct;
Subchapter C, §§80.12 - 80.14, relating to Administration and Records;
Subchapter D, §80.15, relating to Complaints and Investigations;
Subchapter E, §80.16, relating to Hearings and Appeals;
Subchapter F, §80.17, relating to Interpretations;
Subchapter G, §80.18, relating to Enforcement of Liens;
Subchapter H, §80.19, relating to Savings Clause;
Subchapter I, §80.20 and §80.21, relating to Inspections and Investigations;
Subchapter J, §80.22, relating to Forms; and
Subchapter K, §80.23, relating to Annual Reports;
Mortgage Banker Rules:
Chapter 81, §81.1 and §81.2, relating to Mortgage Banker Registration.
The Commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reasons for adoption these chapters continue to exist.
The Texas Department of Savings and Mortgage Lending, which administers these rules, believes that the reasons for adopting the rules contained in the chapters continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Caroline C. Jones, Chief Thrift Attorney, Texas Department of Savings and Mortgage Lending, 2601 N. Lamar Boulevard, Suite 201, Austin, Texas 78705-4207, or by e-mail to cjones@sml.state.tx.us. Any proposed changes to the rules 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 by the Commission.
TRD-200802667
Jane M. Black
General Counsel
Texas Department of Savings and Mortgage Lending
Filed: May 22, 2008
Title 7, Part 7
The State Securities Board (Agency), beginning June 2008, will review and consider for readoption, revision, or repeal Chapter 115, Securities Dealers and Agents, and Chapter 116, Investment Advisers and Investment Adviser Representatives, in accordance with Texas Government Code, §2001.039. The rules to be reviewed are located in Title 7, Part 7, of the Texas Administrative Code.
The assessment made by the Agency at this time indicates that the reasons for readopting this chapter continue to exist.
The Agency's Board will consider, among other things, whether the reasons for adoption of these rules continue to exist and whether amendments are needed. Any changes to the rules proposed by the Agency's Board after reviewing the rules and considering the comments received in response to this notice will appear in the "Proposed Rules" section of the Texas Register and will be adopted in accordance with the requirements of the Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001. The comment period will last for 30 days beginning with the publication of this notice of intention to review.
Comments or questions regarding this notice of intention to review may be submitted in writing, within 30 days following the publication of this notice in the Texas Register, to David Weaver, General Counsel, P.O. Box 13167, Austin, Texas 78711-3167, or sent by facsimile to Mr. Weaver at (512) 305-8310. Comments will be reviewed and discussed in a future Board meeting.
TRD-200802668
Denise Voigt Crawford
Securities Commissioner
State Securities Board
Filed: May 22, 2008
Title 4, Part 5
The Texas Department of Agriculture (the department) proposes to review 4 Texas Administrative Code, Part 5, Chapter 81, concerning Certification Procedures, and Chapter 82, concerning Administrative Procedures, pursuant to the Texas Government Code, §2001.039. Section 2001.039 requires state agencies to review and consider for readoption each of their rules every four years. The review must include an assessment of whether the original justification for the rules continues to exist.
As a part of the review of Chapter 81, the department is proposing the repeal of §81.1, relating to Certification of Seed in Texas. The proposed repeal is published in the Proposed Rules section of this issue of the Texas Register. The assessment of Chapters 81 and 82 by the department at this time, indicates that, with the exception of the repeal of §81.1, the reason for readopting without changes all remaining sections in Chapters 81 and 82 continues to exist.
The department is accepting comments on the review of Chapters 81 and 82. Comments on the review must be submitted within 30 days following the publication of this notice in the Texas Register . Comments may be submitted to David Kostroun, Assistant Commissioner for Regulatory Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711.
TRD-200802729
Dolores Alvarado Hibbs
General Counsel, Texas Department of Agriculture
State Seed and Plant Board
Filed: May 23, 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 43 TAC Part 1, Chapter 21, concerning Right of Way.
The department will accept comments regarding whether the reasons for adopting these rules 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-200802693
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: May 22, 2008
Texas Department of Criminal Justice
Title 37, Part 6
The Texas Board of Criminal Justice (Board) has completed its review of §152.51, concerning Authorized Witnesses to the Execution of an Inmate Sentenced to Death, in accordance with the requirements of Texas Government Code §2001.039. The Board has determined the reasons for initially adopting §152.51 continue to exist, and it readopts the section.
Notice of the review was published in the April 11, 2008, issue of the Texas Register (33 TexReg 2983). 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 Texas Department of Criminal Justice published proposed amendments to §152.51 in the April 11, 2008, issue of the Texas Register (33 TexReg 2909). The Board adopted the amended rule on May 20, 2008, and the adoption notice will be published in a future issue of the Texas Register.
TRD-200802763
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Filed: May 27, 2008
The Texas Board of Criminal Justice (Board) has completed its review of §159.1, concerning Substance Abuse Felony Punishment Facilities (SAFPF) Eligibility Criteria, in accordance with the requirements of Texas Government Code §2001.039. The Board has determined the reasons for initially adopting §159.1 continue to exist, and it readopts the section.
Notice of the review was published in the April 11, 2008, issue of the Texas Register (33 TexReg 2983). No comments were received as a result of that notice.
As a result of the rule review, the Texas Department of Criminal Justice published proposed amendments to §159.1 in the April 11, 2008, issue of the Texas Register (33 TexReg 2911). The Board adopted the amended rule on May 20, 2008, and the adoption notice will be published in a future issue of the Texas Register.
TRD-200802764
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Filed: May 27, 2008
The Texas Board of Criminal Justice (Board) has completed its review of §195.51, concerning Sex Offender Supervision.
Notice of the review was published in the March 21, 2008, issue of the Texas Register (33 TexReg 2557). No comments were received as a result of this notice.
The Board finds that the reasons for initially adopting §195.51 were to ensure consistency in the manner in which sex offenders are supervised while on parole, mandatory supervision and community supervision and that those reasons continue to exist.
The Board readopts the section without changes, in accordance with the requirements of Texas Government Code §2001.039.
TRD-200802765
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Filed: May 27, 2008
Title 1, Part 5
Pursuant to the notice of the proposed rule review published in the December 21, 2007, issue of the Texas Register (32 TexReg 9735), the Texas Facilities Commission ("Commission") has reviewed and considered for readoption, revision, or repeal Texas Administrative Code, Title 1, Part 5, Chapter 111, Executive Administration Division, in accordance with Texas Government Code §2001.039 (Vernon 2000). The Commission has determined that the reasons for initially adopting Chapter 111, §111.1 and §§111.3 - 111.8. continue to exist. The reason for initially adopting Chapter 111, §111.2 no longer exists. No comments were received on the proposed rule review.
Chapter 111 relates to the executive administration of the Commission, including organization, definitions, protesting agency solicitations and resolving related disputes, establishing agency ethical standards, filing complaints, petitioning the Commission for adoption of rules, negotiating and mediating certain contract disputes, and establishing an agency sick leave pool. During its review, the Commission determined that the business necessity remains in effect for §111.1 and §§111.3 - 111.8. The Commission further determined that amendments are required to reflect current statutory language and for consistency throughout the Chapter. In addition, the Commission found that the following new rules should be proposed: a rule concerning historically underutilized businesses, a rule concerning employee training and education, and a rule concerning the assignment and use of pooled vehicles. The new rules are necessary to comply with statutory rulemaking requirements pursuant to Texas Government Code §656.048(a) (Vernon 2004) (employee training and education), §2161.003 (Vernon 2000) (historically underutilized businesses program), and §2171.1045 (Vernon 2000) (vehicle assignment and use). The business necessity for §111.2, relating to definitions of statewide procurement functions that were transferred to the Comptroller of Public Accounts, no longer exists. The Commission has determined that §111.2 should be repealed. Chapter 111 previously contained a Subchapter B, entitled Historically Underutilized Business Program. Subchapter B was transferred to the Comptroller of Public Accounts on September 1, 2007, as published in the July 6, 2007, issue of the Texas Register (32 TexReg 4237).
The Commission has determined that the transfer of Subchapter B and the statutory requirements for additional rules necessitates a complete reorganization of Chapter 111. The rules should be grouped together by topic and organized under new subchapters. The reorganization is extensive enough to warrant the repeal of Chapter 111.
Through concurrent notices published in the Proposed Rules section in this issue of the Texas Register, the Commission proposes the repeal of Chapter 111 and proposes a new Chapter 111.
This completes the Commission's review of Texas Administrative Code, Title 1, Part 5, Chapter 111, Executive Administration Division pursuant to Texas Government Code §2001.039 (Vernon 2000).
TRD-200802671
Kay Molina
General Counsel
Texas Facilities Commission
Filed: May 22, 2008