Review of Agency Rules

Proposed Rule Review

Texas Education Agency

Title 19, Part 2

The State Board of Education (SBOE) proposes the review of 19 TAC Chapter 66, State Adoption and Distribution of Instructional Materials, pursuant to the Texas Government Code, §2001.039. The rules being reviewed by the SBOE in 19 TAC Chapter 66 are organized under the following subchapters: Subchapter A, General Provisions; Subchapter B, State Adoption of Instructional Materials; Subchapter C, Local Operations; Subchapter D, Special Instructional Materials; and Subchapter E, Disposition of Instructional Materials.

As required by the Texas Government Code, §2001.039, the SBOE will accept comments as to whether the reasons for adopting 19 TAC Chapter 66, Subchapters A - E, continue to exist. The comment period begins with the publication of this notice and must last a minimum of 30 days.

Comments or questions regarding this rule review may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028.

TRD-200802815

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: May 30, 2008


Adopted Rule Reviews

Texas Department of Agriculture

Title 4, Part 1

The Texas Department of Agriculture (the department) adopts the review of Texas Administrative Code, Title 4, Part 1, Chapter 12, concerning Weights and Measures, Chapter 19, concerning Quarantines and Noxious and Invasive Plants, and Chapter 22, concerning Nursery Products and Floral Items, pursuant to the Texas Government Code, §2001.039, and readopts all sections in Chapters 12, 19, and 22, with amendments proposed to Chapter 19 in the department's Notice of Intent to Review. The Notice of Intent to Review was published in the April 25, 2008, issue of the Texas Register (33 TexReg 3449).

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 part of the review process, the department proposed an amendment to Chapter 19, §19.2, concerning Inspection Certificates, which was published in the April 25, 2008, issue of the Texas Register (33 TexReg 3369). The department adopts the amendment to §19.2 in this issue of the Texas Register.

No comments were received on the proposal rule review.

The assessment by the department of Chapters 12, 19 and 22 indicates that, with the addition of the adopted amendments to §19.2, the reason for readopting without changes all remaining sections in Chapters 12, 19 and 22 continues to exist.

TRD-200802851

Dolores Alvarado Hibbs

General Counsel

Texas Department of Agriculture

Filed: June 2, 2008


Texas Education Agency

Title 19, Part 2

The State Board of Education (SBOE) adopts the review of 19 TAC Chapter 100, Charters, Subchapter A, Open-Enrollment Charter Schools, and Subchapter B, Home-Rule School District Charters, pursuant to the Texas Government Code, §2001.039. The SBOE proposed the review of 19 TAC Chapter 100, Subchapters A and B, in the April 11, 2008, issue of the Texas Register (33 TexReg 2983).

The SBOE finds that the reasons for adopting 19 TAC Chapter 100, Subchapters A and B, continue to exist and readopts the rules. The SBOE received no comments related to the rule review requirement.

The SBOE is proposing amendments to 19 TAC Chapter 100, Subchapter A. Section 100.1, Application and Selection Procedures and Criteria, would be modified to update a statutory reference in subsection (k). Section 100.101, Annual Report on Open-Enrollment Charter Governance, would be amended to modify the annual governance reporting requirements for collecting identifying information about family members serving together on boards or as administrators. The proposed amendments to 19 TAC Chapter 100, Subchapter A, may be found in the Proposed Rules section of this Texas Register issue.

TRD-200802879

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: June 4, 2008


The State Board of Education (SBOE) adopts the review of 19 TAC Chapter 129, Student Attendance, Subchapter A, Student Attendance Allowed, and Subchapter B, Student Attendance Accounting, pursuant to the Texas Government Code, §2001.039. The SBOE proposed the review of 19 TAC Chapter 129, Subchapters A and B, in the April 11, 2008, issue of the Texas Register (33 TexReg 2984).

The SBOE finds that the reasons for adopting 19 TAC Chapter 129, Subchapters A and B, continue to exist and readopts the rules. The SBOE received no comments related to the rule review requirement.

No changes are necessary as a result of the review.

TRD-200802877

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: June 4, 2008