Review of Agency Rules

Proposed Rule Reviews

Polygraph Examiners Board

Title 22, Part 19

The Polygraph Examiners Board proposes to review Chapter 391, Polygraph Examiner Internship, §§391.1 - 391.10, pursuant to the Texas Government Code, §2001.039.

The Board will assess whether the reasons for adopting the sections under review continue to exist. Proposed changes to the rules 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.

Comments on the proposed review may be submitted to Frank DiTucci, Executive Officer, Polygraph Examiners Board, P.O. Box 4087 MSC 0700, Austin, Texas 78773-0001.

TRD-200900081

Frank DiTucci

Executive Officer

Polygraph Examiners Board

Filed: January 8, 2009


The Polygraph Examiners Board proposes to review Chapter 393, General, §§393.1, 393.3 - 393.7, and 393.9 - 393.11, pursuant to the Texas Government Code, §2001.039.

The Board will assess whether the reasons for adopting the sections under review continue to exist. Proposed changes to the rules 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.

Comments on the proposed review may be submitted to Frank DiTucci, Executive Officer, Polygraph Examiners Board, P.O. Box 4087 MSC 0700, Austin, Texas 78773-0001.

TRD-200900082

Frank DiTucci

Executive Officer

Polygraph Examiners Board

Filed: January 8, 2009


The Polygraph Examiners Board proposes to review Chapter 395, Code of Operating Procedure of Polygraph Examiners, §§395.1 - 395.6, 395.8 - 395.11, 395.13 - 395.16, and 395.18 pursuant to the Texas Government Code, §2001.039.

The Board will assess whether the reasons for adopting the sections under review continue to exist. Proposed changes to the rules 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.

Comments on the proposed review may be submitted to Frank DiTucci, Executive Officer, Polygraph Examiners Board, P.O. Box 4087 MSC 0700, Austin, Texas 78773-0001.

TRD-200900083

Frank DiTucci

Executive Officer

Polygraph Examiners Board

Filed: January 8, 2009


Adopted Rule Reviews

Texas Agriculture Resources Protection Authority

Title 4, Part 7

The Texas Department of Agriculture (the department) adopts the review Title 4, Texas Administrative Code, Part 7, Chapter 101, Subchapter A, concerning Routine Procedures for the Agriculture Resources Protection Authority (Authority), without changes to the proposal published in the October 31, 2008, issue of the Texas Register (33 TexReg 8947). No comments were received on the proposal.

Pursuant to the Texas Government Code, §2001.039, state agencies are required 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.

The assessment of Chapter 101, Subchapter A, by the department at this time indicates that the subchapter should be repealed. The Authority was abolished by the Texas Legislature during the 79th Legislative Session, 2005. The Authority's rules were, in effect, voided and no longer in effect upon abolishment of the Authority; therefore, Subchapter A is no longer needed. The proposed repeal of Chapter 101, Subchapter A, §§101.1 - 101.3 and §101.20 was also published in the October 31, 2008, issue of the Texas Register (33 TexReg 8855). No comments were received on the proposed repeal.

TRD-200900110

Dolores Alvarado Hibbs

General Counsel, Texas Department of Agriculture

Texas Agriculture Resources Protection Authority

Filed: January 12, 2009


Polygraph Examiners Board

Title 22, Part 19

The Polygraph Examiners Board adopts the review of Chapter 397, General Rules of Practice and Procedure, §§397.1 - 397.33, pursuant to the Texas Government Code, §2001.039.

The proposed review was published in the September 5, 2008, issue of the Texas Register (33 TexReg 7577).

The agency's reason for adopting the rules contained in this chapter continues to exist.

No comments were received regarding adoption of the rule review.

This concludes the review of Chapter 397, General Rules of Practice and Procedure.

TRD-200900079

Frank DiTucci

Executive Officer

Polygraph Examiners Board

Filed: January 8, 2009


The Polygraph Examiners Board adopts the review of Chapter 401, Grievance Policy, §401.1, pursuant to the Texas Government Code, §2001.039.

The proposed review was published in the September 5, 2008, issue of the Texas Register (33 TexReg 7577).

The agency's reason for adopting the rules contained in this chapter continues to exist.

No comments were received regarding adoption of the rule review.

This concludes the review of Chapter 401, Grievance Policy.

TRD-200900080

Frank DiTucci

Executive Officer

Polygraph Examiners Board

Filed: January 8, 2009