REVIEW OF AGENCY RULES This Section contains notices of state agency rules review as directed by the 75th Legislature, Regular Session, House Bill 1 (General Appropriations Act) Art. IX, Section 167. Included here are: (1) notices of plan to review; (2) notices of intention to review, which invite public comment to specified rules; and (3) notices of readoption, which summarize public comment to specified rules. The complete text of an agency's plan to review is available after it is filed with the Secretary of State on the Secretary of State's web site (http://www.sos.state.tx.us/texreg). The complete text of an agency's rule being reviewed and considered for readoption is available in the Texas Administrative Code on the web site (http://www.sos.state.tx.us/tac). For questions about the content and subject matter of rules, please contact the state agency that is reviewing the rules. Questions about the web site and printed copies of these notices may be directed to the Texas Register office. Agency Rule Review Plans Texas Commission on Jail Standards April 3, 1998 General Services Commission April 10, 1998 Texas Military Facilities Commission April 20, 1998 Proposed Rule Reviews Texas Department of Economic Development The Texas Department of Economic Development proposes to readopt Chapter 170. Revenue Bonds for Development of Employment--Industrial and Health Resources in accordance with the Appropriations Act, Section 167. The agency's reason for adopting the rules contained in this chapter continues to exist. Comments on the proposed rules may be submitted to DeAnn Luper, Legal Assistant, Texas Department of Economic Development, P. O. Box 12728, 1700 North Congress, Austin, Texas 78711, within 30 days of the publication of the proposed adoption. Comments may be faxed to Ms. Luper at (512) 936-0177. Comments received after the 30 day period will not be considered. sec.sec.170.1, 170.2, 170.3, 170.4, 170.5, 170.6, 170.21, 170.22, 170.23, 170.24, 170.25, 170.31, 170.32, 170.33, 170.34, 170.35. TRD-9805292 W. Lane Lanford Chief Administrative Officer Texas Department of Economic Development Filed: April 15, 1998 Texas Board of Nurse Examiners The Board of Nurse Examiners proposes to review Chapter 213. Practice and Procedure, sec.sec.213.1-213.33 in accordance with the Appropriations Act, Section 167. In conjunction with this review, the agency proposes to repeal the existing sec.sec. 213.1-213.33 and propose new sec.sec.213.1-213.33 in accordance with the Appropriations Act, Section 167. The proposed repeal and new rules may be found in the Proposed Rules section of the Texas Register. Comments on the proposals may be submitted to Kathy Thomas, MN, RN, Executive Director, Board of Nurse Examiners, 333 Guadalupe, Suite 3-460; Austin, Texas 78701. TRD-9805386 Kathy Thomas, MN, RN Executive Director Board of Nurse Examiners Filed: April 17, 1998 Public Utility Commission of Texas The Public Utility Commission of Texas files this notice of intention to review sec.22.141 relating to Forms and Scope of Discovery; sec.22.142 relating to Limitations on Discovery and Protective Orders; sec.22.143 relating to Depositions; sec.22.144 relating to Requests for Information and Requests for Admission of Facts; sec.22.145 relating to Subpoenas; and sec.22.161 relating to Sanctions pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167 (Section 167). Project Number 17709 has been assigned to the review of these sections. As part of this review process, the commission is proposing amendments to sec.22.142 and sec.22.143. The proposed amendments may be found in the Proposed Rules section of the Texas Register. The commission will accept comments on the Section 167 requirement as to whether the reason for adopting the sections continues to exist in the comments filed on the proposed amendments. The commission is not proposing any changes to sec.sec.22.141, 22.144, 22.145, and 22.161. Comments regarding the Section 167 requirement as to whether the reason for adopting these sections continues to exist may be submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 N. Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326 within 30 days after publication of this notice of intention to review. All comments should refer to Project Number 17709, Review of Procedural Rules, Subchapters H and I. Any questions pertaining to this notice of intention to review should be directed to Rhonda Dempsey, Rules Coordinator, Office of Regulatory Affairs, Public Utility Commission of Texas, 1701 N. Congress Avenue, Austin, Texas 78711-3326 or at voice telephone (512) 936-7308. 16 TAC sec.22.141. Forms and Scope of Discovery 16 TAC sec.22.142. Limitations on Discovery and Protective Orders 16 TAC sec.22.143. Depositions 16 TAC sec.22.144. Requests for Information and Requests for Admission of Facts 16 TAC sec.22.145. Subpoenas 16 TAC sec.22.161. Sanctions TRD-9805356 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: April 16, 1998 Texas Rehabilitation Commission The Texas Rehabilitation Commission proposes to review the following sections from Chapters 101, 102, 104, 106, 108, 110, 115, 116, and 117, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167. As part of the review process, the Texas Rehabilitation Commission is proposing to amend and continue to adopt the following sections in this issue of the Texas Register: Sections 101.4, 106.36, and 115.2. Also, with this proposed rule review, the commission is proposing to readopt the following sections without changes: Sections 101.3, 101.5, 101.14-101.22, 102.1-102.5, 104.1-104.4, 104.6-104.8, 106.35, 106.37, 108.1-108.7, 110.1, 110.2, 116.4, and 117.1-117.5. The Commission's reason for adopting these sections continues to exist. Comments on these proposed rules may be submitted to Roger Darley, Assistant General Counsel, Office of the General Counsel, Texas Rehabilitation Commission, Austin, Texas 78751. TRD-9805502 Charles Schiesser Chief of Staff Texas Rehabilitation Commission Filed: April 20, 1998 Adopted Rule Review Public Utility Commission of Texas The Public Utility Commission of Texas (commission) has completed the review of sec.sec.22.281 relating to Initiation of Rulemaking; 22.282 relating to Notice and Public Participation in Rulemaking Procedures; 22.283 relating to Emergency Adoption; and 22.284 relating to Informal Information Gathering as noticed in the February 6, 1998 Texas Register (23 TexReg 1119). The commission readopts these sections, pursuant to the requirements of the Appropriations Act of 1997, HB 1, Article IX, Section 167 (Section 167) and finds that the reason for adopting these rules continues to exist. Project Number 18484 is assigned to this proceeding. The commission received no comments on the Section 167 requirement as to whether the reason for adopting the rules continues to exist. As part of this review process, the commission proposed amendments to sec.sec.22.281, 22.282 and 22.284, as published in the Texas Register on February 6, 1998 (23 TexReg 888). Comments on the proposed amendments are summarized in the preambles for the adoption of the amendments published in the Adopted Rules section of the Texas Register. These rules are adopted under the Public Utility Regulatory Act, Texas Utilities Code Annotated sec.14.002 and sec.14.052 (Vernon 1998) 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. Cross Reference to Statutes: Public Utility Regulatory Act sec.14.002 and sec.14.052. 16 TAC sec.22.281. Initiation of Rulemaking. 16 TAC sec.22.282. Notice and Public Participation in Rulemaking Procedures. 16 TAC sec.22.283. Emergency Adoption. 16 TAC sec.22.284. Informal Information Gathering TRD-9805392 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: April 17, 1998