Texas Parks and Wildlife Department
Title 31, Part 2
TRD-200801174
Filed: February 27, 2008
Title 22, Part 29
TRD-200801250
Filed: March 3, 2008
Texas Department of Agriculture
Title 4, Part 1
The Texas Department of Agriculture (the department) proposes to review Texas Administrative Code, Title 4, Part 1, Chapter 8, concerning Agricultural Hazard Communication Regulations, 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 part of the review process, the department proposes amendments to Chapter 8, §8.2, concerning definitions, and §8.11, concerning counties in which the department will provide the training program for agricultural laborers. These may be found in the Proposed Rules section of this issue of the Texas Register.
The assessment of Chapter 8 by the department at this time indicates that, with the exception of the proposed amendments to Chapter 8, §8.2 and §8.11, the reason for readopting without changes all remaining sections in Chapter 8, continues to exist.
The department is accepting comment on the review of Chapter 8. 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 Jimmy Bush, Assistant Commissioner for Pesticide Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711.
TRD-200801255
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Filed: March 3, 2008
The Texas Department of Agriculture (the department) proposes to review Texas Administrative Code, Title 4, Part 1, Chapters 13, 14, 15, 21 and 23, pursuant to the Texas Government Code, §2001.039. Chapter 13 is titled Grain Warehouse, Chapter 14 is the Perishable Commodities Handling and Marketing Program, Chapter 15 is Egg Law, Chapter 21 is titled Citrus, and Chapter 23 is Rose Grading. 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 proposes an amendment to Chapter 23, concerning Rose Grading, §23.4. The proposal may be found in the Proposed Rules section of this issue of the Texas Register.
The assessment by the department of Chapters 13, 14, 15, 21 and 23 indicates that, with the exception of the proposed amendment to §23.4, the reason for readopting without changes all remaining sections in Chapters 13, 14, 15, 21 and 23 continues to exist.
The department is accepting comment on the review of Chapters 13, 14, 15, 21 and 23. Comments on the review must be submitted within 30 days following the publication of this notice in the Texas Register . Comments on Chapters 13, 14, 15, 21 and 23 may be submitted to David Kostroun, Assistant Commissioner for Regulatory Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711.
TRD-200801253
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Filed: March 3, 2008
Title 37, Part 5
Under the 1997 General Appropriations Act, Article IX, §167, Review of Agency Rules, the Texas Board of Pardons and Paroles files this notice of intent to review and consider for readoption, revision, or repeal, Texas Administrative Code, Title 37, Public Safety and Corrections, Part 5, Chapter 141 (General Provisions), Subchapter C (Submission and Presentation of Information and Representation of Offenders), and Chapter 145 (Parole), Subchapter A (Parole Process).
The Board undertakes its review pursuant to Government Code, §2001.039. The Board will accept comments for 30 days following the publication of this notice in the Texas Register and will assess whether the reasons for adopting the sections under review continue to exist. Proposed changes to the rule 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 by the Board, in accordance with the requirements of the Administrative Procedure Act, Government Code, Chapter 2001.
Any questions or written comments pertaining to this notice of intention to review should for the next 30-day comment period be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, TX 78701, or by e-mail to bettie.wells@tdcj.state.tx.us.
TRD-200801251
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Filed: March 3, 2008
Title 22, Part 6
The Texas Board of Professional Engineers will review and consider for readoption, revision, or repeal Title 22 Texas Administrative Code, Part 6, Chapter 133, concerning Licensing.
This review is conducted pursuant to §2001.039 of the Government Code.
In conducting its review the Board will determine whether the reasons for the rule continue to exist. The rule review will also determine whether the rule is obsolete, reflects current legal and policy considerations, and reflects current procedures of the Board.
Any comments pertaining to this notice of intention may be submitted within the next 30 days to Lance Kinney, P.E., Deputy Executive Director, Texas Board of Professional Engineers, 1917 IH-35 South, Austin, Texas 78741 or faxed to his attention at (512) 440-0417. Any proposed changes to the rules as a result of this review will be published in the Proposed Rule Section of the Texas Register and will be open for an additional comment period prior to final adoption or repeal by the Board.
TRD-200801268
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Filed: March 3, 2008
The Texas Board of Professional Engineers will review and consider for readoption, revision, or repeal Title 22 Texas Administrative Code, Part 6, Chapter 135, concerning Firm Registration.
This review is conducted pursuant to §2001.039 of the Government Code.
In conducting its review the Board will determine whether the reasons for the rule continue to exist. The rule review will also determine whether the rule is obsolete, reflects current legal and policy considerations, and reflects current procedures of the Board.
Any comments pertaining to this notice of intention may be submitted within the next 30 days to Lance Kinney, P.E., Deputy Executive Director, Texas Board of Professional Engineers, 1917 IH-35 South, Austin, Texas 78741 or faxed to his attention at (512) 440-0417. Any proposed changes to the rules as a result of this review will be published in the Proposed Rule Section of the Texas Register and will be open for an additional comment period prior to final adoption or repeal by the Board.
TRD-200801269
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Filed: March 3, 2008
The Texas Board of Professional Engineers will review and consider for readoption, revision, or repeal Title 22 Texas Administrative Code, Part 6, Chapter 137, concerning Compliance and Professionalism.
This review is conducted pursuant to §2001.039 of the Government Code.
In conducting its review the Board will determine whether the reasons for the rule continue to exist. The rule review will also determine whether the rule is obsolete, reflects current legal and policy considerations, and reflects current procedures of the Board.
Any comments pertaining to this notice of intention may be submitted within the next 30 days to Lance Kinney, P.E., Deputy Executive Director, Texas Board of Professional Engineers, 1917 IH-35 South, Austin, Texas 78741 or faxed to his attention at (512) 440-0417. Any proposed changes to the rules as a result of this review will be published in the Proposed Rule Section of the Texas Register and will be open for an additional comment period prior to final adoption or repeal by the Board.
TRD-200801270
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Filed: March 3, 2008
The Texas Board of Professional Engineers will review and consider for readoption, revision, or repeal Title 22 Texas Administrative Code, Part 6, Chapter 139, concerning Enforcement.
This review is conducted pursuant to §2001.039 of the Government Code.
In conducting its review the Board will determine whether the reasons for the rule continue to exist. The rule review will also determine whether the rule is obsolete, reflects current legal and policy considerations, and reflects current procedures of the Board.
Any comments pertaining to this notice of intention may be submitted within the next 30 days to Lance Kinney, P.E., Deputy Executive Director, Texas Board of Professional Engineers, 1917 IH-35 South, Austin, Texas 78741 or faxed to his attention at (512) 440-0417. Any proposed changes to the rules as a result of this review will be published in the Proposed Rule Section of the Texas Register and will be open for an additional comment period prior to final adoption or repeal by the Board.
TRD-200801271
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Filed: March 3, 2008
Title 1, Part 4
The Office of the Secretary of State (the office) proposes to review Title 1 Texas Administrative Code Part 4, Chapters 71, 72 - 76, 78 - 81, 83, 87, 91, 93, 95 - 97, 101 - 103 and 105, in accordance with the requirements of the Government Code, §2001.039, which directs state agencies to review and consider for re-adoption each of their rules every four years. During this review the Office will assess whether the reasons for adopting these chapters continue to exist.
The Secretary of State has received a written suggestion to amend §73.3, concerning Labor Organizers, to omit a reference to "his seal of office" and replace this term with "the state seal". The paragraph now reads, "(5) the signature of the secretary of state, dated and attested by his seal of office." The office agrees with this comment, and intends to amend the paragraph, accordingly.
In 2007 the office adopted changes and/or repealed rules for the following chapters:
81. Elections.
87. Notary Public.
95. Uniform Commercial Code.
96. Electric Utility Transition Property Notice Filings.
The current review is open to all Secretary of State rules under Title 1 of the Texas Administrative Code, Part 4. Comments on the proposed review may be submitted in writing. Please address comments to Dan Procter, P.O. Box 13824, Austin, Texas 78711-3824 or e-mail comments to dprocter@sos.state.tx.us. To be considered, please deliver comments before 5:00 p.m. Monday, April 14, 2008.
Chapters:
71. General Policies and Procedures
72. State Seal
73. Statutory Documents
74. Credit Services Organizations
75. Automobile Club
76. Use of a Deceased Individual's Name, Voice, Signature, Photograph, or Likeness
78. Athlete Agents
79. Corporations
80. Unincorporated Business Entities
81. Elections
83. Limited Partnership
87. Notary Public
91. Texas Register
93. Trademarks
95. Uniform Commercial Code
96. Electric Utility Transition Property Notice Filings
97. Business Opportunity
101. Practice and Procedure Before the Office of the Secretary of State
102. Health Spas
103. Membership Camping Resorts
105. Solicitations
TRD-200801312
Jay Dyer
General Counsel
Office of the Secretary of State
Filed: March 5, 2008
Texas Council for Developmental Disabilities
Title 40, Part 21
The Texas Council for Developmental Disabilities (Council) adopts the review of the Texas Administrative Code, Title 40, Part 21, Chapter 876, §§876.1 - 876.12, related to General Provisions, pursuant to the Texas Government Code §2001.039, and readopts the rules in Chapter 876.
The proposed review was published in the December 28, 2007, issue of the Texas Register (32 TexReg 10069).
No comments were received regarding adoption of the review.
The Council has determined that the reasons continue to exist for adopting the rules contained in this chapter.
This concludes the review of Chapter 876, General Provisions.
TRD-200801186
Roger A. Webb
Executive Director
Texas Council for Developmental Disabilities
Filed: February 29, 2008
The Texas Council for Developmental Disabilities (Council) adopts the review of the Texas Administrative Code, Title 40, Part 21, Chapter 877, related to Grant Awards, pursuant to the Texas Government Code §2001.039, and readopts the rules in Chapter 877.
Elsewhere in this issue of the Texas Register , the Texas Council for Developmental Disabilities contemporaneously adopts amendments to §§877.1, 877.3 and 877.4.
The proposed review was published in the December 28, 2007, issue of the Texas Register (32 TexReg 10069).
No comments were received regarding adoption of the review.
The Council has determined that the reasons continue to exist for adopting the rules contained in this chapter.
This concludes the review of Chapter 877, Grant Awards.
TRD-200801187
Roger A. Webb
Executive Director
Texas Council for Developmental Disabilities
Filed: February 29, 2008
Title 34, Part 4
Pursuant to the notice of the proposed rule review that was published in the November 16, 2007, issue of the Texas Register (32 TexReg 8321), the Employees Retirement System of Texas (ERS) reviewed 34 Texas Administrative Code (TAC), Chapter 69, Membership and Refunds, pursuant to Texas Government Code, §2001.039, to determine whether the reasons for adopting these rules continue to exist. No comments were received concerning the proposed review.
As a result of the review, the ERS Board of Trustees (Board) has determined that the reasons for adopting these rules continue to exist and, therefore, the Board readopts Chapter 69. This completes ERS’ review of 34 TAC Chapter 69, Membership and Refunds.
TRD-200801292
Paula A. Jones
General Counsel
Employees Retirement System of Texas
Filed: March 4, 2008
Pursuant to the notice of the proposed rule review that was published in the November 16, 2007, issue of the Texas Register (32 TexReg 8321), the Employees Retirement System of Texas (ERS) reviewed 34 Texas Administrative Code (TAC), Chapter 73, Benefits, pursuant to Texas Government Code, §2001.039, to determine whether the reasons for adopting these rules continue to exist. No comments were received concerning the proposed review.
As a result of the review, the ERS Board of Trustees (Board) has determined that the reasons for adopting these rules continue to exist and, therefore, the Board readopts Chapter 73. This completes ERS’ review of 34 TAC Chapter 73, Benefits.
TRD-200801293
Paula A. Jones
General Counsel
Employees Retirement System of Texas
Filed: March 4, 2008
Pursuant to the notice of the proposed rule review that was published in the November 16, 2007, issue of the Texas Register (32 TexReg 8322), the Employees Retirement System of Texas (ERS) reviewed 34 Texas Administrative Code (TAC), Chapter 75, Hazardous Profession Death Benefits, pursuant to Texas Government Code, §2001.039, to determine whether the reasons for adopting these rules continue to exist. No comments were received concerning the proposed review.
As a result of the review, the ERS Board of Trustees (Board) has determined that the reasons for adopting these rules continue to exist and, therefore, the Board readopts Chapter 75. This completes ERS’ review of 34 TAC Chapter 75, Hazardous Profession Death Benefits.
TRD-200801294
Paula A. Jones
General Counsel
Employees Retirement System of Texas
Filed: March 4, 2008
Pursuant to the notice of the proposed rule review that was published in the November 16, 2007, issue of the Texas Register (32 TexReg 8322), the Employees Retirement System of Texas (ERS) reviewed 34 Texas Administrative Code (TAC), Chapter 77, Judicial Retirement, pursuant to Texas Government Code, §2001.039, to determine whether the reasons for adopting these rules continue to exist. No comments were received concerning the proposed review.
As a result of the review, the ERS Board of Trustees (Board) has determined that the reasons for adopting these rules continue to exist and, therefore, the Board readopts Chapter 77. This completes ERS’ review of 34 TAC Chapter 77, Judicial Retirement.
TRD-200801295
Paula A. Jones
General Counsel
Employees Retirement System of Texas
Filed: March 4, 2008
Title 16, Part 2
The Public Utility Commission of Texas (commission) readopts Texas Administrative Code (TAC), Title 16, Chapter 27, Rules for Administrative Services pursuant to the Texas Government Code, Administrative Procedure Act (APA), §2001.039, Agency Review of Existing Rules . The notice of intention to review Chapter 27 was published in the Texas Register on August 31, 2007 (32 TexReg 5712). Project Number 34576, Agency Review of Chapter 27, Rules for Administrative Services, Pursuant to Texas Government Code §2001.039 is assigned to this review proceeding. This concludes the review of Chapter 27 pursuant to APA §2001.039.
APA §2001.039 requires that each state agency review its rules every four years and readopt, readopt with amendments, or repeal the rules adopted by that agency pursuant to the Texas Government Code, Chapter 2001. Such reviews shall include, at a minimum, an assessment by the agency as to whether the reason for adopting or readopting the rules continues to exist. The commission requested specific comments on whether the reason for adopting the administrative services rules in Chapter 27 continues to exist. The commission received no comments on the proposed review of Chapter 27.
While no comments were received on the rule review, Staff concluded that an amendment to §27.31, relating to Historically Underutilized Business Program, is necessary to comply with legislative amendments, which were effective September 1, 2007. Before September 1, 2007, the commission, under Texas Government Code §2161.003, was required to adopt the Historically Underutilized Business (HUB) Program rules from the Texas Building and Procurement Commission (formerly called the Texas General Services Commission, and now called the Texas Facilities Commission). The current §27.31 states that "the commission adopts by reference the rules of the Texas General Services Commission." Because the HUB program rules have now been transferred to the Texas Comptroller of Public Accounts, as of September 1, 2007, an amendment to §27.31 is required to comply with Texas Government Code §2161.003. Any amendment to any rule is required to be published for comment; therefore, an amendment to §27.31 will be proposed and published for comment in a separate project.
The commission has completed the review of the rules in Chapter 27 pursuant to APA §2001.039 and finds that the reason for adopting the rules in Chapter 27 continues to exist. The adoption of Chapter 27 complies with Texas Government Code §2260.052, which requires the commission to develop rules to govern the negotiation and mediation of certain contract claims against the state; and Texas Government Code §2155.076, which requires the commission to develop and adopt protest procedures for vendors' protests concerning commission purchases that are consistent with the Texas Facilities Commission's rules on the same subject.
The commission readopts Chapter 27, Rules for Administrative Services, pursuant to the Public Utility Regulatory Act (PURA), Texas Utilities Code Annotated §14.002 and §14.052 (Vernon 2007 and Supp. 2007) which provides the commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction, including rules of practice and procedure; and pursuant to Texas Government Code §2001.039 (Vernon 2000 and Supp. 2007) which requires each state agency to review and readopt its rules every four years.
Cross Reference to Statutes: Texas Government Code §2001.039, Chapter 2155, Subchapter B, Chapter 2161 and Chapter 2260; PURA §14.002 and §14.052.
CHAPTER 27. RULES FOR ADMINISTRATIVE SERVICES
SUBCHAPTER B. HISTORICALLY UNDERUTILIZED BUSINESSES
§27.31. Historically Underutilized Business Program.
SUBCHAPTER C. NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES
DIVISION 1. GENERAL
§27.61. Purpose.
§27.63. Applicability.
§27.65. Definitions.
§27.67. Prerequisites to Suit.
§27.69. Sovereign Immunity.
DIVISION 2. NEGOTIATION OF CONTRACT DISPUTES
§27.81. Notice of Claim of Breach of Contract.
§27.83. Agency Counterclaim.
§27.85. Request for Voluntary Disclosure of Additional Information.
§27.87. Duty to Negotiate.
§27.89. Timetable.
§27.91. Conduct of Negotiation.
§27.93. Settlement Approval Procedures.
§27.95. Settlement Agreement.
§27.97. Costs of Negotiation.
§27.99. Request for Contested Case Hearing.
DIVISION 3. MEDIATION OF CONTRACT DISPUTES
§27.111. Mediation Timetable.
§27.113. Conduct of Mediation.
§27.115. Agreement to Mediate.
§27.117. Qualifications and Immunity of the Mediator.
§27.119. Confidentiality of Mediation and Final Settlement Agreement.
§27.121. Costs of Mediation.
§27.123. Settlement Approval Procedures.
§27.125. Initial Settlement Agreement.
§27.127. Final Settlement Agreement.
§27.129. Referral to the State Office of Administrative Hearings (SOAH).
DIVISION 4. ASSISTED NEGOTIATION PROCESSES
§27.141. Assisted Negotiation Processes.
§27.143. Factors Supporting the Use of Assisted Negotiation Processes.
§27.145. Use of Assisted Negotiation Processes.
SUBCHAPTER D. VENDOR PROTEST
§27.161. Procedures for Resolving Vendor Protests.
TRD-200801243
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: February 29, 2008