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. Proposed Rule Reviews Advisory Commission on State Emergency Communications Title 1, Part XII The Advisory Commission on State Emergency Communications proposes to readopt Chapter 252, Administration, in accordance with the Appropriations Act, Article IX, Section 167. The report of the rule review of this Chapter will be presented at the September 18 Commission meeting. The agency's reasons for adopting the rules contained in this chapter continue to exist. The Advisory Commission on State Emergency Communications will accept comments for 30 days following the publication of this Article in the Texas Register. Comments on the proposal may be submitted to James D. Goerke, Executive Director, Advisory Commission on State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701; phone 512-305-6911; or fax 512-305- 6937. TRD-9814139 James D. Goerke Executive Director Advisory Commission on State Emergency Communications Filed: September 4, 1998 Employees Retirement System of Texas Title 34, Part IV The Employees Retirement System of Texas proposes to readopt Chapter 61 in accordance with the Appropriations Act, Section 167. This Chapter contains one Section (sec.61.1. Definitions). The agency's reason for adopting this Chapter continues to exist. Comments on the proposed readoption of this Chapter may be submitted to William S. Nail, Deputy Executive Director and General Counsel, Employees Retirement System of Texas, P. O. Box 13207, Austin, Texas 78711-3207, or e-mail Mr. Nail at wnail@ers.state.tx.us. TRD-9813956 Sheila W. Beckett Executive Director Employees Retirement System of Texas Filed: September 2, 1998 The Employees Retirement System of Texas proposes to readopt the following Sections, concerning the Board of Trustees, in accordance with the Appropriations Act, Section 167. The agency's reason for adopting these Sections continues to exist. sec.63.1. Duties of the Board of Trustees sec.63.3. Election of Trustees (Nomination Process) sec.63.5. Rulemaking Procedure sec.63.7. Public Comment to the Board of Trustees sec.63.9. Officers sec.63.11. Quorum sec.63.13. Committees sec.63.15. Roberts Rules of Order sec.63.17. Advisory Committees Comments on the proposed readoption of these sections may be submitted to William S. Nail, Deputy Executive Director and General Counsel, Employees Retirement System of Texas, P. O. Box 13207, Austin, Texas 78711-3207 or e-mail Mr. Nail at wnail@ers.state.tx.us. TRD-9813957 Sheila W. Beckett Executive Director Employees Retirement System of Texas Filed: September 2, 1998 The Employees Retirement System of Texas proposes to readopt sec.63.4 Election of Trustees (Ballot), with changes, in accordance with the Appropriations Act, Section 167. Section 63.4(e) is being amended to state that eligible voters will receive their ballots in the manner currently used for annual distribution of the summary of benefit statements and annuitant correspondence. Please refer to the Proposed Rule Section to see the proposed changes to Section 63.4. Comments on the proposed changes and readoption may be submitted to William S. Nail, Deputy Executive Director and General Counsel, Employees Retirement System of Texas, P. O. Box 13207, Austin, Texas 78711-3207, or e-mail Mr. Nail at wnail@ers.state.tx.us. TRD-9813959 Sheila W. Beckett Executive Director Employees Retirement System of Texas Filed: September 2, 1998 The Employees Retirement System of Texas proposes to readopt the following Sections, concerning the Executive Director, in accordance with the Appropriations Act, Section 167. The agency's reason for adopting these Sections continues to exist. sec.65.1. Duties of the Executive Director sec.65.5. Correction of Administrative Error sec.65.7. Appointment of Hearing Examiner sec.65.9. Delegation of Authority Comments on the proposed readoption of these sections may be submitted to William S. Nail, Deputy Executive Director and General Counsel, Employees Retirement System of Texas, P. O. Box 13207, Austin, Texas 78711-3207, or e-mail Mr. Nail at wnail@ers.state.tx.us. TRD-9813958 Sheila W. Beckett Executive Director Employees Retirement System of Texas Filed: September 2, 1998 The Employees Retirement System of Texas proposes to readopt Section 65.3 Records of the System, with changes, in accordance with the Appropriations Act, Section 167. Section 65.3 is being amended to reflect the current charges for copies of public information as adopted by the General Services Commission in the Texas Administrative Code, Title 1, sec.111.70. Please refer to the Proposed Rule Section to see the proposed changes to Section 65.3. Comments on the proposed changes and readoption may be submitted to William S. Nail, Deputy Executive Director and General Counsel, Employees Retirement System of Texas, P. O. Box 13207, Austin, Texas 78711-3207, or e-mail Mr. Nail at wnail@ers.state.tx.us. TRD-9813960 Sheila W. Beckett Executive Director Employees Retirement System of Texas Filed: September 2, 1998 The Employees Retirement System of Texas is in the process of reviewing Chapter 87, concerning the Deferred Compensation Program, in accordance with the Appropriations Act, Section 167. It is anticipated that these rules will be amended as a result of this review. Please refer to the Texas Administrative Code to review the current Deferred Compensation rules. Comments on Chapter 87 may be submitted to William S. Nail, Deputy Executive Director and General Counsel, Employees Retirement System of Texas, P. O. Box 13207, Austin, Texas 78711-3207, or e-mail Mr. Nail at wnail@ers.state.tx.us. TRD-9813955 Sheila W. Beckett Executive Director Employees Retirement System of Texas Filed: September 2, 1998 Texas Department of Human Services Title 40, Part I The Texas Department of Human Services files this notice of intention to review Title 40 TAC, Chapter 4 (relating to Medical Programs - Children and Pregnant Women), Chapter 5 (relating to Medicaid Programs for Aliens), Chapter 6 (relating to Disaster Assistance Program), Chapter 7 (relating to Refugee Cash Assistance Program), Chapter 9 (relating to Refugee Social Services), Chapter 11, Subchapter A, (relating to the Food Distribution Program), Chapter 12 (relating to Special Nutrition Program), and Chapter 13 (relating to Title IV-4 Emergency Assistance Program) pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, sec.167. Chapter 11, Subchapter B (relating to the Texas Commodity Assistance Program), is not presented for review because it was published as a new rule, in its entirety, after September 1, 1997. As required by sec.167, the Department will accept comments regarding whether the reason for adopting each of the rules in 40 TAC, Chapters 4, 5, 6, 7, 9, 11, 12, and 13 continues to exist. The deadline for the comments is 30 days after this publication in the Texas Register Any questions or written comments pertaining to this notice of intention to review Chapters 4, 5, 7, and 13 should be directed to Rita King, Eligibility Services, Texas Department of Human Services W-312, P.O. Box 149030, Austin, Texas 78714-9030, or at (512) 438-4148. Any questions or written comments pertaining to this notice of intention to review Chapter 6 should be directed to Dennis McCudden, Emergency Services Programs, Texas Department of Human Services Y-950, P.O. Box 149030, Austin, Texas 78714-9030, or at (512) 483-3909. Any questions or written comments pertaining to this notice of intention to review Chapter 9 should be directed to Liz Cruz- Garbutt, Office of Immigration and Refugee Affairs, Texas Department of Human Services W-230, P.O. Box 149030, Austin, Texas 78714-9030, or at (512) 438-5440. Any questions or written comments pertaining to this notice of intention to review Chapter 11, Subchapter A, and Chapter 12 should be directed to Keith Churchill, Special Nutrition Programs, Texas Department of Human Services Y-906, P.O. Box 149030, Austin, Texas 78714-9030, or at (512) 467-5837. The Department anticipates that the result of the review of these rules will be the submission of proposed rules to incorporate changes necessary to simplify and improve the effectiveness of the rules, and invites comments on any aspect of these rules. TRD-9814066 Glenn Scott General Counsel Texas Department of Human Services Filed: September 4, 1998 Texas State Board of Medical Examiners Title 22, Part IX The Texas State Board of Medical Examiners proposes to review Chapter 161(sec.sec.161.1-161.3), concerning General Provisions, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167. The Texas State Board of Medical Examiners is contemporaneously proposing the amendment of sec.161.1 and new sec.161.4 elsewhere in this issue of the Texas Register. Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC- 901, Austin, Texas 78768-2018. TRD-9814093 Bruce A. Levy, M.D, J.D. Executive Director Texas State Board of Medical Examiners Filed: September 4, 1998 The Texas State Board of Medical Examiners proposes to review Chapter 173 (sec.173.1), concerning Applications, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167. The Texas State Board of Medical Examiners is contemporaneously proposing the repeal of sec.173.1 elsewhere in this issue of the Texas Register. Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC- 901, Austin, Texas 78768-2018. TRD-9814094 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Filed: September 4, 1998 The Texas State Board of Medical Examiners proposes to review Chapter 175 (sec.sec.175.1-175.4), concerning Schedule of Fees and Penalties, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167. The Texas State Board of Medical Examiners is contemporaneously proposing the repeal of sec.sec.175.1-175.4 and new sec.sec.175.1-175.5 elsewhere in this issue of the Texas Register. Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC- 901, Austin, Texas 78768-2018. TRD-9814095 Bruce A. Levy, M.D., J.D. Executive Director Texas State Board of Medical Examiners Filed: September 4, 1998 The Texas State Board of Medical Examiners proposes to review Chapter 181 (sec.sec.181.1-181.7), concerning Contact Lens Prescriptions, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167. Chapter 181 was mandated by the 75th Legislature through the Texas Contact Lens Prescription Act, Chapter 1345. The chapter was initially proposed in order to set forth the criteria under which a patient may request and receive a contact lens prescription and under which a physician shall provide such prescription. Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC- 901, Austin, Texas 78768-2018. TRD-9814096 Bruce A. Levy, M.D, J.D. Executive Director Texas State Board of Medical Examiners Filed: September 4, 1998 The Texas State Board of Medical Examiners proposes to review Chapter 189 (sec.189.1), concerning Rule Changes, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167. The Texas State Board of Medical Examiners is contemporaneously proposing the repeal of sec.189.1 elsewhere in this issue of the Texas Register. Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC- 901, Austin, Texas 78768-2018. TRD-9814097 Bruce A. Levy, M.D, J.D. Executive Director Texas State Board of Medical Examiners Filed: September 4, 1998 The Texas State Board of Medical Examiners proposes to review Chapter 197 (sec.sec.197.1-197.6), concerning Emergency Medical Service, pursuant to the Appropriations Act of 1997, HB 1, Article IX, Section 167. The Texas State Board of Medical Examiners is contemporaneously proposing the repeal of sec.sec.197.2-197.5 and new sec.sec.197.2-197.5 elsewhere in this issue of the Texas Register. Comments on the proposed review may be submitted to Pat Wood, P.O. Box 2018, MC- 901, Austin, Texas 78768-2018. TRD-9814098 Bruce A. Levy, M.D, J.D. Executive Director Texas State Board of Medical Examiners Filed: September 4, 1998 Texas Motor Vehicle Board Title 16, Part VI The Texas Motor Vehicle Board of the Texas Department of Transportation files this notice of intent to review Title 16, Chapter 101, Rules of Practice and Procedure, relating to agency operations, rulemaking, and adjudicative proceedings and hearings, pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, sec.167. As required by sec.167, the Board will accept comments regarding whether the reasons for adopting each of the rules in 16 TAC, Chapter 101 continues to exist. Any questions or written comments pertaining to this notice of intent to review should be directed to Brett Bray, Director, Motor Vehicle Division, Texas Department of Transportation, P. O. Box 23293, Austin, Texas 78768-2293 or at (512) 416-4910. TRD-9814243 Brett Bray Director Texas Motor Vehicle Board Filed: September 9, 1998