Title 22, Part 11
In accordance with Texas Government Code §2001.039, the Texas Board of Nursing (Board) files this notice of intention to review and consider for re-adoption, re-adoption with amendments, or repeal, the following chapter contained in Title 22, Part 11, of the Texas Administrative Code:
Chapter 214, Vocational Nurse Education, §§214.1 - 214.13.
These rules are continuously assessed to determine whether the reason(s) for originally adopting these chapters continues to exist. Each section of these chapters is continually re-evaluated to determine whether it is obsolete, reflects current legal and policy considerations, reflects current procedures and practices of the Board, and/or whether it is in compliance with Chapter 2001 of the Texas Government Code (The Administrative Procedure Act).
The public has thirty (30) days to comment on the rule reviews and to submit any response or suggestions. No action is required by the Board. Written comments may be submitted to Dusty Johnston, General Counsel, Texas Board of Nursing, 333 Guadalupe, Suite 3-460, Austin, Texas 78701, or by e-mail to dusty.johnston@bon.state.tx.us, or by fax to Dusty Johnston at (512) 305-8101.
The rule review continues the implementation of the Board's rule review plan for 2007-2011 that is available on the Secretary of State's web site and will complete the rule reviews for 2008.
TRD-200900467
James W. Johnston
General Counsel
Texas Board of Nursing
Filed: February 9, 2009
In accordance with Texas Government Code §2001.039, the Texas Board of Nursing (Board) files this notice of intention to review and consider for re-adoption, re-adoption with amendments, or repeal, the following chapter contained in Title 22, Part 11, of the Texas Administrative Code:
Chapter 215, Professional Nursing Education, §§215.1 - 215.13.
These rules are continuously assessed to determine whether the reason(s) for originally adopting these chapters continues to exist. Each section of these chapters is continually re-evaluated to determine whether it is obsolete, reflects current legal and policy considerations, reflects current procedures and practices of the Board, and/or whether it is in compliance with Chapter 2001 of the Texas Government Code (The Administrative Procedure Act).
The public has thirty (30) days to comment on the rule reviews and to submit any response or suggestions. No action is required by the Board. Written comments may be submitted to Dusty Johnston, General Counsel, Texas Board of Nursing, 333 Guadalupe, Suite 3-460, Austin, Texas 78701, or by e-mail to dusty.johnston@bon.state.tx.us, or by fax to Dusty Johnston at (512) 305-8101.
The rule review continues the implementation of the Board's rule review plan for 2007-2011 that is available on the Secretary of State's web site and will complete the rule reviews for 2008.
TRD-200900468
James W. Johnston
General Counsel
Texas Board of Nursing
Filed: February 9, 2009
In accordance with Texas Government Code §2001.039, the Texas Board of Nursing (Board) files this notice of intention to review and consider for re-adoption, re-adoption with amendments, or repeal, the following chapter contained in Title 22, Part 11, of the Texas Administrative Code:
Chapter 222, Advanced Practice Nurses with Prescriptive Authority, §§222.1 - 222.12.
These rules are continuously assessed to determine whether the reason(s) for originally adopting these chapters continues to exist. Each section of these chapters is continually re-evaluated to determine whether it is obsolete, reflects current legal and policy considerations, reflects current procedures and practices of the Board, and/or whether it is in compliance with Chapter 2001 of the Texas Government Code (The Administrative Procedure Act).
The public has thirty (30) days to comment on the rule reviews and to submit any response or suggestions. No action is required by the Board. Written comments may be submitted to Dusty Johnston, General Counsel, Texas Board of Nursing, 333 Guadalupe, Suite 3-460, Austin, Texas 78701, or by e-mail to dusty.johnston@bon.state.tx.us, or by fax to Dusty Johnston at (512) 305-8101.
The rule review continues the implementation of the Board's rule review plan for 2007-2011 that is available on the Secretary of State's web site and will complete the rule reviews for 2008.
TRD-200900469
James W. Johnston
General Counsel
Texas Board of Nursing
Filed: February 9, 2009
Title 19, Part 2
The State Board of Education (SBOE) adopts the review of 19 TAC Chapter 30, Administration, Subchapter B, State Board of Education: Purchasing and Contracts, pursuant to the Texas Government Code, §2001.039. The SBOE proposed the review of 19 TAC Chapter 30, Subchapter B, in the December 12, 2008, issue of the Texas Register (33 TexReg 10193).
The SBOE finds that the reasons for adopting 19 TAC Chapter 30, Subchapter B, continue to exist and readopts the rules. The SBOE received no comments related to the rule review requirement.
The SBOE is proposing an amendment in 19 TAC Chapter 30, Subchapter B. Section 30.21, Historically Underutilized Business (HUB) Program, would be updated to reflect the transfer of HUB rules from the Texas Building and Procurement Commission to the Comptroller of Public Accounts. The proposed amendment to 19 TAC Chapter 30, Subchapter B, may be found in the Proposed Rules section of this Texas Register issue.
TRD-200900549
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: February 11, 2009
Title 16, Part 1
The Railroad Commission of Texas (Commission) files this notice of completion of review and readoption of 16 TAC Chapter 3, relating to Oil and Gas Division. This review, which was published in the December 26, 2008, issue of the Texas Register (33 TexReg 10515), and readoption were conducted in accordance with Texas Government Code, §2001.039. The agency's reasons for adopting these rules continue to exist.
The Commission received one comment from Samson Lone Star, LLC ("Samson") suggesting changes to §§3.26, 3.27, 3.37, 3.38, and 3.86 (relating to Separating Devices, Tanks, and Surface Commingling of Oil; Gas To Be Measured and Surface Commingling of Gas; Statewide Spacing Rule; Well Densities; and Horizontal Drainhole Wells). Samson recommended that §3.37 be modified to require notice to affected persons for exceptions to between-well spacing distances to tracts within a maximum of the between-well spacing or twice the lease-line spacing. Lease-line exceptions require notice only for a distance of the greater of one-half the between-well spacing or the lease-line spacing, while between-well exceptions to Rule 37 require notice for all tracts touching the lease or unit. Samson indicated that, for some very large units, these two requirements are inconsistent.
Regarding §3.38, Samson suggested that notice requirements for density exceptions be modified to require notice for tracts within a maximum of the between-well spacing or twice the lease-line spacing. Samson again pointed to very large-sized tracts where a well in the center of the unit requires notice for tracts over half a mile from the proposed location. Samson recommended that a specific distance from a proposed well be given, and that the distance be representative of the accepted drainage area for wells within the field.
Regarding §3.26 and §3.27, Samson suggested that each of these rules be amended to require notice to working and royalty interest owners and publication of notice, if required, only once when an exception to the rule is first requested. Samson stated that many surface commingling facilities add wells to the facility after Commission approval of the initial commingling. The rules currently require notice to all working and royalty interest owners of all wells commingled at the facility when a well is added. Samson stated that such notice requirements are a burden to operators and a nuisance to interest owners.
Regarding §3.86, Samson stated that operational practices have changed since the rule was first adopted and that the current practice is to set casing within the correlative interval for open-hole completions and to use more cased-hole completions. Samson stated that, with such completions, the current rule requires excessive lease-line offsets and assigns excessive lateral length. Samson recommended that §3.86 be modified to define a take point as any point along a horizontal drainhole where oil and/or gas can be produced into the wellbore from the reservoir/correlative interval; to specify lease line offset to apply to all take points along a horizontal drainhole; to allow the penetration point to be off-lease; to specify between-well spacing to apply to all take points with a horizontal drainhole; and to specify the lateral length to be the distance between the first take point and the last take point in a horizontal well. Samson also discussed the special field rules regarding stacked lateral wells, which have been developed to encourage drilling wells with multiple stacked laterals to efficiently drain the reserve, and recommended that this provision be added to §3.86.
The Commission notes that amendments, repeals, or new rules are not permitted under a rule review pursuant to Texas Government Code, §2001.039, unless proposed in conjunction with the notice of review. Therefore, the Commission is precluded from adopting any of the changes suggested by Samson, although they could be considered for possible future rulemaking. Further, the Commission disagrees with Samson's suggestions to reduce the notice requirements in §§3.26, 3.27, 3.37, and 3.38; the Commission has no information to suggest that interest owners find multiple notices "a nuisance" and finds that Samson and other companies can educate interest owners through explanations provided in the notices. Regarding Samson's suggestions for §3.86, the Commission disagrees that a rule change is necessary; the procedure for special field rules is in place and is available for operators to pursue.
TRD-200900542
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Filed: February 10, 2009
The Railroad Commission of Texas files this notice of completion of review and re-adoption of 16 TAC Chapter 11, relating to Surface Mining and Reclamation Division. This review and re-adoption has been conducted in accordance with Texas Government Code §2001.039. The agency's reasons for adopting these rules continue to exist. The Commission received no comments on the proposed review, which was published in the December 26, 2008, issue of the Texas Register (33 TexReg 10515).
TRD-200900543
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Filed: February 10, 2009
The Railroad Commission of Texas (Commission) files this notice of completion of review and re-adoption of 16 TAC Chapter 12, relating to Coal Mining Regulations. This review and re-adoption has been conducted in accordance with Texas Government Code §2001.039. The agency's reasons for adopting these rules continue to exist. The Commission received no comments on the proposed review, which was published in the December 26, 2008, issue of the Texas Register (33 TexReg 10515).
TRD-200900544
Mary Ross McDonald
Managing Director
Railroad Commission of Texas
Filed: February 10, 2009