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 Alcoholic Beverage Commission Title 16, Part III Filed: June 24, 1998 Employees Retirement System of Texas Title 34, Part IV Filed: June 25, 1998 Texas Youth Commission Title 37, Part III Filed: June 25, 1998 Texas Board of Veterinary Medical Examiners Title 22, Part XXIV Filed: June 26, 1998 Texas Council on Purchasing from People with Disabilities Title 40, Part VII Filed: June 29, 1998 Texas Department of Agriculture Title 4, Part I Filed: July 1, 1998 Texas Board of Professional Engineers Title 22, Part VI Filed: July 1, 1998 Fire Fighters' Pension Commission Title 34, Part XI Filed: July 1, 1998 Texas Funeral Service Commission Title 22, Part X Filed: July 1, 1998 Texas Department of Protective and Regulatory Services Title 40, Part XIX Filed: July 1, 1998 Texas Historical Commission Title 13, Part II Filed: July 3, 1998 Texas Juvenile Probation Commission Title 37, Part XI Filed: July 3, 1998 Executive Council of Physical Therapy and Occupational Examiners Title 22, Part XXVIII Filed: July 3, 1998 Texas State Board of Examiners of Professional Counselors Title 22, Part XXX Filed: July 3, 1998 Texas Workers' Compensation Commission Title 28, Part II Filed: July 6, 1998 Texas Municipal Retirement System Title 34, Part IV Filed: July 7, 1998 State Council on Competitive Government Title 1, Part XVI Filed: July 8, 1998 Proposed Rule Reviews Texas State Board of Examiners of Professional Counselors Title 22, Part XXX Notice of Intention to Review The Texas State Board of Examiners of Professional Counselors (board) will review and consider for readoption, revision or repeal rules in 22 Texas Administrative Code, Part XXX, Chapter 681, Professional Counselors. The review and consideration is being conducted in accordance with the General Appropriations Act, Article IX, Rider 167, passed by the 75th Legislature. The board will review its rules which became effective prior to September 1, 1997. The assessment made by the agency at this time indicates that the reasons for adopting or readopting these rules continues to exist. This assessment will be continued during the rule review process. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the board. The review of all rules must be completed by August 31, 2001. Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to John Luther, Professional Licensing and Certification, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. TRD-9810559 Anthony P. Picchioni, Ph.D. Chairperson Texas State Board of Examiners of Professional Counselors Filed: July 3, 1998 Texas Public Finance Authority Title 34, Part X The Texas Public Finance Authority (Authority) proposes to review Chapter 221, relating to Distribution of Bond Proceeds; Chapter 222, relating to Public Records; Chapter 223, relating to the Master Equipment Lease Purchase Program; and Chapter 225, relating to the Master Equipment Lease Purchase Program, Series B, pursuant to Section 167, Article IX of the Appropriations Act of 1997 (Section 167). The Authority proposes to amend Chapters 221 and 225 and to repeal chapters 222 and 223. The proposed amendments and repeals may be found in the Proposed Rules section of the Texas Register. The Authority will accept comments regarding the Section 167 requirement as to whether the reasons for adopting Chapters 221 and 225 continue to exist in the comments filed on the proposed amendments. Questions concerning this notice may be submitted electronically to Judith Porras, General Counsel, at jporras@tpfa.state.tx.us. TRD-9810455 Judith M. Porras General Counsel Texas Public Finance Authority Filed: July 1, 1998 Public Utility Commission of Texas Title 16, Part II The Public Utility Commission of Texas files this notice of intention to review Procedural Rules, Subchapter K (relating to Hearings), sec.sec.22.201 relating to Place and Nature of Hearings; 22.202 relating to Presiding Officer; 22.203 relating to Order of Procedure; 22.204 relating to Transcript and Record; 22.205 relating to Briefs; 22.206 relating to Consideration of Contested Settlements; and 22.207 relating to Referral to State Office of Administrative Hearings pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167 (Section 167). Project Number 17709 has been assigned to this proceeding. As part of this review process, the commission is proposing an amendment to sec.22.202. 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 this section continues to exist in the comments filed on the proposed amendment. The commission is not proposing any changes to sec.sec.22.201, 22.203, 22.204, 22.205, 22.206 and 22.207. 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. 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.22.201. Place and Nature of Hearings 16 TAC sec.22.202. Presiding Officer 16 TAC sec.22.203. Order of Procedure 16 TAC sec.22.204. Transcript and Record 16 TAC sec.22.205. Briefs 16 TAC sec.22.206. Consideration of Contested Settlements 16 TAC sec.22.207. Referral to State Office of Administrative Hearings TRD-9810578 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 3, 1998 Texas Veterinary Medical Diagnostic Laboratory (TVMDL) Title 4, Part IX Chapter 162, Pullorum Disease and Fowl Typhoid Program TVMDL proposes to re-adopt Chapter 162, Pullorum Disease and Fowl Typhoid Program Rules, in accordance with the appropriations Act, 167. The agency's reasons for adopting the rules contained in this chapter continue to exist. Comments on the proposals may be submitted to Dr. Konrad Eugster, Associate Vice Chancellor of Agriculture, TVMDL, P.O. Drawer 3040, College Station, TX 77841- 3040, FAX (409) 845-1794, or by e-mail to keugster@tvmdl.tamu.edu. TRD-9810474 Dr. A. Konrad Eugster Associate Vice Chancellor of Agriculture Texas Veterinary Medical Diagnostic Laboratory Filed: July 2, 1998 Adopted Rule Review Public Utility Commission of Texas Title 16, Part II The Public Utility Commission of Texas (commission) has completed the review of all sections of Procedural Rules Subchapter C relating to Classification of Applications or Other Documents Initiating a Proceeding, and Subchapter D relating to Notice as noticed in the April 3, 1998 Texas Register (23 TexReg 3543). 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 17709 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.22.31, 22.33, 22.35, 22.51, 22.52, and 22.56 as published in the Texas Register on April 3, 1998 (23 TexReg 3405). No comments were received on the proposed amendments. 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.22.31. Classification in General 16 TAC sec.22.32. Administrative Review 16 TAC sec.22.33. Tariff Filings 16 TAC sec.22.34. Consolidation and Severance 16 TAC sec.22.35. Informal Disposition 16 TAC sec.22.51. Notice for Public Utility Regulatory Act sec.2.211, sec.2.212, sec.3.210 and sec.3.211 Proceedings 16 TAC sec.22.52. Notice in Licensing Proceedings 16 TAC sec.22.53. Notice of Regional Hearings 16 TAC sec.22.54. Notice to be Provided by the Commission 16 TAC sec.22.55. Notice in Other Proceedings 16 TAC sec.22.56. Notice of Unclaimed Funds TRD-9810519 Rhonda Dempsey Rules Coordinator Public Utility Commission of Texas Filed: July 2, 1998