Title 31, Part 1
(Editor's Note: The General Land Office incorrectly submitted its Agency Rule Review Plan as a Proposed Rule Review. The submission was published in the May 25, 2007, issue of the Texas Register (32 TexReg 2883). The General Land Office has resubmitted the Agency Rule Review Plan and it will be available in its entirety at http://www.sos.state.tx.us/texreg/review/2008/index.shtml.)
TRD-200802022
Filed: April 18, 2008
Title 31, Part 1
In accordance with §2001.039 Government Code, the Texas General Land Office (GLO) submits the following Notice of Intent to Review the rules found in 31 TAC, Part 1, Chapter 1 relating to Executive Administration, including Subchapter B, relating to Purchase of Excess Acreage, §§1.11 - 1.14; Subchapter C, relating to Procedure for Patenting Land, §§1.21 - 1.30; Subchapter D, relating to Patents to Land Under Law, §1.41 and §1.42; and Subchapter G, relating to Procedure for Submitting and Processing Applications for Approval of Patent Land Released by the State, §§1.90 - 1.97. This review of Chapter 1 is filed in accordance with the General Land Office's Rule Review Plan published in this issue of the Texas Register.
Review of the rules under this chapter will determine whether the reasons for adoption of the rules continue to exist. This Notice of Intent to Review of 31 TAC, Part 1, Chapter 1, Executive Administration, applies to the chapter in its entirety.
The GLO invites suggestions from the public during the review process and will address any comments received. Any questions or comments should be directed to Walter Talley, Texas Register Liaison, General Land Office, P.O. Box 12873, Austin, Texas 78711-2873, facsimile number (512) 463-6311 or email to walter.talley@glo.state.tx.us. Written comments must be received no later than thirty (30) days from the date of publication of this notice.
TRD-200802004
Trace Finley
Policy Director
General Land Office
Filed: April 16, 2008
In accordance with §2001.039, Government Code, the Texas General Land Office (GLO) submits the following Notice of Intent to Review the rules found in 31 TAC, Part 1, Chapter 2, relating to Rules of Practice and Procedure, including Subchapter A, relating to Procedures for Contested Case Hearings, §§2.1 - 2.28; Subchapter B, relating to Procedures for Non-Contested Case Hearings, §§2.31 - 2.36; and Subchapter C, relating to Procedures for Special Board of Review Hearings, §§2.40 - 2.50. This review of Chapter 2 is filed in accordance with the General Land Office's Rule Review Plan as published elsewhere in this issue of the Texas Register.
Review of the rules under this chapter will determine whether the reasons for adoption of the rules continue to exist. This Notice of Intent to Review of 31 TAC, Part 1, Chapter 2, Rules of Practice and Procedure, applies to the chapter in its entirety.
The GLO invites suggestions from the public during the review process and will address any comments received. Any questions or comments should be directed to Walter Talley, Texas Register Liaison, General Land Office, P.O. Box 12873, Austin, Texas 78711-2873, facsimile number (512) 463-6311 or email to walter.talley@glo.state.tx.us. Written comments must be received no later than thirty (30) days from the date of publication of this notice.
TRD-200802005
Trace Finley
Policy Director
General Land Office
Filed: April 16, 2008
In accordance with §2001.039 Government Code, the Texas General Land Office (GLO) submits the following Notice of Intent to Review the rules found in 31 TAC, Part 1, Chapter 9 relating to Exploration and Leasing of State Oil and Gas, including Subchapter A, relating to General Provisions, §9.1 and §9.2; Subchapter B, relating to Issuing Exploration Permits and Oil and Gas Leases, §§9.11, 9.21, and 9.22; Subchapter C, relating to Maintaining a State Oil and Gas Lease, §§9.31 - 9.38; Subchapter D, relating to Paying Royalty to the State, §19.51; Subchapter E, relating to Pooling and Unitizing State Property, §19.81, and Subchapter F, relating to Discontinuing the Leasehold Relationship, §§9.91 - 9.95. This review of Chapter 9 is filed in accordance with the General Land Office's Rule Review Plan as published elsewhere in this issue of the Texas Register.
Review of the rules under this chapter will determine whether the reasons for adoption of the rules continue to exist. This Notice of Intent to Review of 31 TAC, Part 1, Chapter 9, Exploration and Leasing of State Oil and Gas, applies to the chapter in its entirety.
The GLO invites suggestions from the public during the review process and will address any comments received. Any questions or comments should be directed to Walter Talley, Texas Register Liaison, General Land Office, P.O. Box 12873, Austin, Texas 78711-2873, facsimile number (512) 463-6311 or email to walter.talley@glo.state.tx.us. Written comments must be received no later than thirty (30) days from the date of publication of this notice.
TRD-200802006
Trace Finley
Policy Director
General Land Office
Filed: April 16, 2008
In accordance with §2001.039, Government Code, the Texas General Land Office (GLO) submits the following Notice of Intent to Review the rules found in 31 TAC, Part 1, Chapter 10 relating to Exploration and Development of State Minerals Other Than Oil and Gas, §§10.1 - 10.10. This review of Chapter 10 is filed in accordance with the General Land Office's Rule Review Plan as published elsewhere in this issue of the Texas Register.
Review of the rules under this chapter will determine whether the reasons for adoption of the rules continue to exist. This Notice of Intent to Review of 31 TAC, Part 1, Chapter 10, Exploration and Development of State Minerals Other Than Oil and Gas, applies to the chapter in its entirety.
The GLO invites suggestions from the public during the review process and will address any comments received. Any questions or comments should be directed to Walter Talley, Texas Register Liaison, General Land Office, P.O. Box 12873, Austin, Texas 78711-2873, facsimile number (512) 463-6311 or email to walter.talley@glo.state.tx.us. Written comments must be received no later than thirty (30) days from the date of publication of this notice.
TRD-200802007
Trace Finley
Policy Director
General Land Office
Filed: April 16, 2008
In accordance with §2001.039 Government Code, the Texas General Land Office (GLO) submits the following Notice of Intent to Review the rules found in 31 TAC, Part 1, Chapter 14, relating to Relationship Between Agency and Private Organizations, §§14.1 - 14.5. This review of Chapter 14 is filed in accordance with the General Land Office's Rule Review Plan as published elsewhere in this issue of the Texas Register.
Review of the rules under this chapter will determine whether the reasons for adoption of the rules continue to exist. This Notice of Intent to Review of 31 TAC, Part 1, Chapter 14, Relationship Between Agency and Private Organizations, applies to the chapter in its entirety.
The GLO invites suggestions from the public during the review process and will address any comments received. Any questions or comments should be directed to Walter Talley, Texas Register Liaison, General Land Office, P.O. Box 12873, Austin, Texas 78711-2873, facsimile number (512) 463-6311 or email to walter.talley@glo.state.tx.us. Written comments must be received no later than thirty (30) days from the date of publication of this notice.
TRD-200802008
Trace Finley
Policy Director
General Land Office
Filed: April 16, 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 116 concerning General Provisions -- Subsequent Injury Fund. 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:
§116.11. Request for Reimbursement or Refund from the Subsequent Injury Fund.
§116.12. Subsequent Injury Fund Payment/Reimbursement Schedule.
Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on June 2, 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-200802144
Norma Garcia
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: April 23, 2008
The Texas Department of Insurance, Division of Workers' Compensation files this notice of intention to review the rules contained in Chapter 147 concerning Dispute Resolution -- Agreements, Settlements, Commutations. 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:
§147.1. Definitions.
§147.2. Form.
§147.3. Execution.
§147.4. Filing Agreements with the Commission; Effective Dates.
§147.5. Filing Settlements with the Commission; Effective Dates.
§147.6. Settlement Conference.
§147.7. Effect on Previously Entered Decisions and Orders.
§147.8. Withdrawal from Settlement.
§147.9. Requirements for Agreements and Settlements.
§147.10. Commutation of Impairment Income Benefits.
§147.11. Notification of Commission of Proposed Judgments and Settlements.
Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on June 2, 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-200802145
Norma Garcia
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: April 23, 2008
The Texas Department of Insurance, Division of Workers' Compensation files this notice of intention to review the rules contained in Chapter 152 concerning Attorneys' Fees. 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:
§152.1. Attorney Fees: General Provisions.
§152.2. Attorney Fees: Representation of Claimants.
§152.3. Approval or Denial of Fee by the Commission.
§152.4. Guidelines for Legal Services Provided to Claimants and Carriers.
§152.5. Allowable Expenses.
Comments regarding whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on June 2, 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-200802146
Norma Garcia
General Counsel
Texas Department of Insurance, Division of Workers' Compensation
Filed: April 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 365 Licensing 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 published 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 new section.
TRD-200802011
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Filed: April 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 367 Enforcement. 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 published 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 new section.
TRD-200802012
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Filed: April 17, 2008
Office of Consumer Credit Commissioner
Title 7, Part 5
The Finance Commission of Texas, on behalf of the Office of Consumer Credit Commissioner, has completed the review of Texas Administrative Code, Title 7, Part 5, Chapter 82, relating to Administration, pursuant to Texas Government Code, §2001.039. Chapter 82 contains §82.1, concerning Custody of Criminal History Record Information, and §82.2, concerning Public Information Requests; Charges.
Notice of the review of 7 TAC Chapter 82 was published in the Texas Register as required on March 7, 2008 (33 TexReg 2043). The agency received no comments in response to that notice.
The commission finds that the reasons for initially adopting these rules continue to exist, and readopts these sections without changes in accordance with the requirements of Texas Government Code, §2001.039.
This concludes the review of 7 TAC Chapter 82.
TRD-200802050
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: April 18, 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 115, Facilities Leasing Program, in accordance with the Texas Government Code §2001.039 (Vernon 2000). The Commission has considered, among other things, whether the agency rulemaking authority and business necessity associated with the adoption of these rules continue to exist.
No comments were received on the proposed rule review.
During its review, the Commission determined that the agency rulemaking authority remains in effect and the business necessity for these rules also continues to exist. The Commission intends to readopt Texas Administrative Code, Title 1, Part 5, §§115.1 - 115.4, 115.6, 115.8, and 115.10 as these rules were promulgated to direct procurement by the Commission of leases for certain types of real property under Texas Government Code, Chapter 2167 for the use and benefit of state agencies, including prerequisites to leasing space such as state agency requests for lease space and certification of availability of funds for lease space. This chapter also provides for delegations of leasing authority and addresses leasing services offered to state agencies otherwise excluded from leasing requirements, use of private firms to obtain lease space, and tenant agency responsibilities and reporting.
Revisions to these rules, however, are required to reflect the agency's name change, to delete definitions no longer in use, and to correct typographical errors, including reformatting. Also, pursuant to statutory rulemaking requirements, a new §115.13, entitled Best Value Guidelines, is added to outline in greater detail the factors considered when the Commission evaluates responses to solicitations associated with the procurement of lease space for the use and benefit of state agencies under Texas Government Code, Chapter 2167 and makes a best value determination on which a solicitation award is based. Through a concurrent notice of proposed rules, the Commission readopts 1 Texas Administrative Code §§115.1 - 115.4, 115.6, 115.8, and 115.10 with amendments and proposes a new §115.13 in this issue of the Texas Register
These rules are readopted under the statutory authority granted to the Commission in Texas Government Code, §2167.0021(b) (Vernon Supp. 2007) and §2167.008 (Vernon 2000).
This completes the Commission's review of Texas Administrative Code, Title 1, Part 5, Chapter 115, Facilities Leasing Program.
TRD-200802018
Kay Molina
General Counsel
Texas Facilities Commission
Filed: April 18, 2008
Title 13, Part 1
The Texas State Library and Archives Commission has completed the rule review of Title 13, Part 1, Chapter 1, relating to Library Development, in accordance with the requirements of Government Code, §2001.039. The commission proposed the review of Chapter 1 in the February 22, 2008, issue of the Texas Register (33 TexReg 1607).
The commission received no comments on the review of Chapter 1.
The Commission assessed whether the reasons for adopting or readopting the rules in Chapter 1 continue to exist. The commission found a continuing need for the rules.
The rules in Chapter 1 are adopted under Government Code §441.006 that provides the commission with authority to govern the Texas State Library, §441.009 that provides the commission with authority to adopt a state plan for library services, §441.0091 which provides the commission with authority to adopt rules on various subjects, §441.136 that provides the commission with authority to adopt rules for administration of the Library Systems Act, and §441.138 that provide the commission to use funds appropriated by the legislature for administrative expenses.
The adopted sections affect Government Code §§441.121 - 441.139.
TRD-200802027
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Filed: April 18, 2008
The Texas State Library and Archives Commission has completed the rule review of Title 13, Part 1, Chapter 4, relating to School Library Programs, in accordance with the requirements of Government Code, §2001.039. The commission proposed the review of Chapter 4 in the February 22, 2008, issue of the Texas Register (33 TexReg 1608).
The commission received no comments on the review of Chapter 4.
The Commission assessed whether the reasons for adopting or readopting the rules in Chapter 4 continue to exist. The commission has determined that the reasons for adopting these rules continue to exist.
The rules in Chapter 4 are adopted under Education Code §33.021 which requires the Texas State Library and Archives Commission to adopt standards for school library services in consultation with the State Board of Education, and Government Code §441.006(a)(1-2) which authorizes the Commission to govern the Texas State Library and adopt rules to aid and encourage libraries.
The adopted sections affect Education Code §33.02.
TRD-200802028
Edward Seidenberg
Assistant State Librarian
Texas State Library and Archives Commission
Filed: April 18, 2008
Title 22, Part 16
The Texas Board of Physical Therapy Examiners adopts the rules in the following chapters, pursuant to the Texas Government Code, §2001.039. The proposed review was published in the February 29, 2008, issue of the Texas Register (33 TexReg 1819).
Chapter 321. Definitions.
Chapter 322. Practice.
Chapter 323. Powers and Duties of the Board.
Chapter 325. Organization of the Board.
Chapter 327. Compensation.
Chapter 329. Licensing Procedure.
Chapter 335. Professional Title.
Chapter 337. Display of License.
Chapter 339. Fees.
Chapter 341. License Renewal.
Chapter 342. Open Records.
Chapter 343. Contested Case Procedure.
Chapter 344. Administrative Fines and Penalties.
Chapter 345. Accessible Services.
Chapter 346. Practice Settings for Physical Therapy.
Chapter 347. Registration of Physical Therapy Facilities.
The Texas Board of Physical Therapy Examiners is concurrently adopting amendments to §329.5, Licensing Procedures for Foreign-Trained Applicants, as published in the same issue of the Texas Register.
No comments were received regarding adoption of the review.
The agency's reason for adopting the rules contained in these chapters continues to exist.
This concludes the review of all rules by the Texas Board of Physical Therapy Examiners.
TRD-200801984
John P. Maline
Executive Director
Texas Board of Physical Therapy Examiners
Filed: April 16, 2008
Title 22, Part 17
The Texas State Board of Plumbing Examiners (Board) re-adopts Title 22, Part 17, Chapter 361 Administration, without changes as published in the February 1, 2008, issue of the Texas Register (33 TexReg 953). No comments were received regarding the rule review.
The Board has determined that the reasons for initially adopting these rules continue to exist. This concludes the review of Title 22, Part 17, Chapter 361 Administration.
The review and re-adoption of Chapter 361 is done pursuant to Texas Government Code, §2001.039, which requires agencies to periodically review rules. The re-adoption is also authorized under and affect Title 8, Chapter 1301, Occupations Code ("Plumbing License Law"), §1301.251, which requires the Board to adopt and enforce rules necessary to administer the Plumbing License Law.
TRD-200802013
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Filed: April 17, 2008
The Texas State Board of Plumbing Examiners (Board) re-adopts Title 22, Part 17, Chapter 363 Examinations, without changes as published in the February 1, 2008, issue of the Texas Register (33 TexReg 953). No comments were received regarding the rule review.
The Board has determined that the reasons for initially adopting these rules continue to exist. This concludes the review of Title 22, Part 17, Chapter 363 Examinations.
The review and re-adoption of Chapter 363 is done pursuant to Texas Government Code, §2001.039, which requires agencies to periodically review rules. The re-adoption is also authorized under and affect Title 8, Chapter 1301, Occupations Code ("Plumbing License Law"), §1301.251, which requires the Board to adopt and enforce rules necessary to administer the Plumbing License Law.
TRD-200802014
Robert L. Maxwell
Executive Director
Texas State Board of Plumbing Examiners
Filed: April 17, 2008