Review of Agency Rules

Proposed Rule Reviews

Texas Department of Agriculture

Title 4, Part 1

The Texas Department of Agriculture (the department) proposes to review Title 4, Texas Administrative Code, Part 1, Chapter 3, Subchapters A - J, concerning Boll Weevil Eradication Program, 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 its review the department is proposing amendments to Chapter 3, Subchapter B, §3.20, relating to Statement of Purpose and the Role of the Department, and the repeal of Subchapter B, §3.21, relating to Rule Consistency and Approval. The proposed amendments and repeal are published in the Proposed Rules section of this issue of the Texas Register.

The assessment of Chapter 3, Subchapters A - J, by the department at this time indicates that, with the exception of the proposed amendments to §3.20 and the repeal of §3.21, the reason for readopting without changes all sections in Chapter 3, Subchapters A - J continues to exist.

The department is accepting comment on the review of Chapter 3, Subchapters A - J. 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 Brian Murray, Assistant Commissioner for External Relations, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711.

TRD-200802602

Dolores Alvarado Hibbs

General Counsel

Texas Department of Agriculture

Filed: May 19, 2008


Board of Tax Professional Examiners

Title 22, Part 27

The Board of Tax Professional Examiners (BTPE) will review and consider whether to readopt, readopt with amendments, or repeal the rules in Title 22, Part 27, Chapter 623, concerning Registration and Certification, of the Texas Administrative Code. This review is conducted in accordance with Texas Government Code, §2001.039.

BTPE has conducted a preliminary review of Chapter 623 and has determined that the reasons for initially adopting the chapter continue to exist.

All comments or questions regarding this review may be submitted in writing within 30 days following publication of this notice in the Texas Register to David E. Montoya, Executive Director, at Board of Tax Professional Examiners, 333 Guadalupe Street, Suite 2-520, Austin, Texas 78701-3942; by facsimile to (512) 305-7304; or by e-mail to btpe1@txbtpe.state.tx.us. Any proposed changes to Chapter 623 will be published for comment in the "Proposed Rules" section of a subsequent issue of the Texas Register.

Chapter 623. Registration and Certification.

§623.1. Registration: General.

§623.2. Eligibility To Register.

§623.3. Persons Required To Register.

§623.4. Persons Permitted to Register.

§623.5. Use of Titles.

§623.6. Classification of Registration.

§623.7. Field of Work.

§623.8. Qualifications for Certification as Registered Professional Appraiser (RPA).

§623.9. Qualifications for Certification as Registered Texas Assessor/Collector (RTA).

§623.10. Qualifications for Certification as Registered Texas Collector (RTC).

§623.11. Reclassification.

§623.12. Recertification.

§623.13. Base Date Adjustment in Classification.

§623.14. Certification and Recertification: General.

§623.15. Adjustment of Time Requirement.

§623.16. Notification Responsibilities of Registrant.

§623.17. Training for Chief Appraisers.

TRD-200802535

David E. Montoya

Executive Director

Board of Tax Professional Examiners

Filed: May 16, 2008


Adopted Rule Reviews

State Board for Educator Certification

Title 19, Part 7

The State Board for Educator Certification (SBEC) adopts the review of Title 19, Texas Administrative Code (TAC), Chapter 227, Provisions for Educator Preparation Students, Subchapter A, Admission to an Educator Preparation Program, and Subchapter B, Teach for Texas Pilot Program, pursuant to the Texas Government Code, §2001.039. The SBEC proposed the review of 19 TAC Chapter 227 in the April 4, 2008, issue of the Texas Register (33 TexReg 2833).

Relating to the review of 19 TAC Chapter 227, Subchapters A and B, the SBEC finds that the reasons for adoption continue to exist and readopts the rules. The SBEC is scheduled to consider revisions to 19 TAC Chapter 227, Subchapters A and B, at its next regularly scheduled meeting.

Following is a summary of the public comment received and corresponding response.

Comment: Legal counsel for an alternative certification program commented that proposed language in §227.15, Contingency Admission, should be clarified to make clear that undergraduate students in their final semester could begin an alternative certification program, and that they should also be allowed to take a subject content examination, but not the pedagogy and professional responsibilities examination, while in contingency admission status.

Board response: The SBEC took no action on revisions to 19 TAC Chapter 227, Subchapters A and B, as published in the May 9, 2008, SBEC agenda. The SBEC is scheduled to consider revisions to 19 TAC Chapter 227, Subchapters A and B, at its next regularly scheduled meeting.

This concludes the review of 19 TAC Chapter 227.

TRD-200802629

Karen Loonam

Deputy Associate Commissioner, Educator Certification and Standards, Texas Education Agency

State Board for Educator Certification

Filed: May 20, 2008


The State Board for Educator Certification (SBEC) adopts the review of Title 19, Texas Administrative Code (TAC), Chapter 228, Requirements for Educator Preparation Programs, pursuant to the Texas Government Code, §2001.039. The SBEC proposed the review of 19 TAC Chapter 228 in the April 4, 2008, issue of the Texas Register (33 TexReg 2833).

Relating to the review of 19 TAC Chapter 228, the SBEC finds that the reasons for adoption continue to exist and readopts the rules.

The SBEC is scheduled to consider revisions to 19 TAC Chapter 228 at its next regularly scheduled meeting.

The SBEC received no comments related to the rule review of 19 TAC Chapter 228.

This concludes the review of 19 TAC Chapter 228.

TRD-200802628

Karen Loonam

Deputy Associate Commissioner, Educator Certification and Standards, Texas Education Agency

State Board for Educator Certification

Filed: May 20, 2008


Employees Retirement System of Texas

Title 34, Part 4

Pursuant to the notice of the proposed rule review that was published in the March 21, 2008, issue of the Texas Register (33 TexReg 2557), the Employees Retirement System of Texas ("ERS") reviewed 34 Texas Administrative Code ("TAC") Chapter 71, Creditable Service, pursuant to Texas Government Code §2001.039, to determine whether the reason for adopting the rules in Chapter 71 continues 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 reason for adopting the rules in 34 TAC Chapter 71 continues to exist, and therefore, the Board readopts Chapter 71. This completes ERS' review of 34 TAC Chapter 71, Creditable Service.

TRD-200802542

Paula A. Jones

General Counsel

Employees Retirement System of Texas

Filed: May 16, 2008


Texas Board of Pardons and Paroles

Title 37, Part 5

The Texas Board of Pardons and Paroles files this notice of readoption of 37 TAC 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 amended §141.61 to clarify the language of the rule and §145.15 to add new language to establish a voting option for placement of offenders into the Sex Offender Education Program (SOEP) or the Sex Offender Treatment Program (SOTP). The readoption of Chapters 141 and 145 is filed in accordance with the Board of Pardons and Paroles' Notice of Intent to Review published in the March 14, 2008, issue of the Texas Register (33 TexReg 2349). No public comments were received.

The assessment of Chapters 141 and 145 indicates that the original justification for the rules continues to exist, and the Board is readopting the rules in accordance with Texas Government Code, §2001.039. This concludes the review of 37 TAC Chapters 141 and 145.

TRD-200802591

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Filed: May 19, 2008