REVIEW OF AGENCY RULES

Proposed Rule Reviews

Credit Union Department

Title 7, Part 6

Chapter 93, Subchapter A, concerning Common Terms, consisting of §93.101, concerning Scope; Definitions; Severability.

Chapter 93, Subchapter B, concerning General Rules, consisting of §93.201, concerning Party Status; §93.202, concerning Computation of Time; §93.203, concerning Ex Parte Communications; §93.204, concerning Contested Case Hearing; Informal Disposition; §93.205, concerning Notice of Hearing; §93.206, concerning Default; §93.207, concerning Service of Documentation on Parties; §93.208, concerning Delegation of Authority; §93.209, concerning Subpoenas; §93.210, concerning Discovery; Protective Orders; Motions to Compel; §93.211, concerning Administrative Record; §93.212, concerning Proposal for Decision; §93.213, concerning Appearances and Representation; and §93.214, concerning Recovery of Department Costs.

Chapter 93, Subchapter C, concerning Appeals of Preliminary Determinations on Applications, consisting of §93.301, concerning Finality of Decision; Request for SOAH Hearing; Waiver of Appeal; §93.302, concerning Referral to ADR, §93.303, concerning Hearings on Applications; and §93.305, concerning Appeals of All Other Applications for Which no Specific Procedure is Provided by this Title.

Chapter 93, Subchapter D, concerning Appeals of Cease & Desist Orders and Orders of Removal, consisting of §93.401, concerning Appeals of Cease and Desist Orders and Orders of Removal; and §93.402, concerning Stays.

Chapter 93, Subchapter E, concerning Appeals of Orders of Conservation, consisting of §93.501, concerning Appeals of Orders of Conservation; and §93.502, concerning Retention of Attorney.

Chapter 93, Subchapter F, concerning Appeal of Commissioner's Final Determination to the Commission, consisting of §93.601, concerning Appeal to the Commission; §93.602, concerning Decision by the Commission; §93.603, concerning Oral Arguments Before the Commission; §93.604, concerning Motion for Rehearing; and §93.605, concerning Final Decisions and Appeals.

This rule review will be conducted pursuant to Texas Government Code, §2001.039. The commission believes that the reasons for adopting the rules contained in these chapters continue to exist. The commission will accept written comments received on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register as to whether the reasons for adopting these rules continue to exist. The commission also invites comments on how to make these rules easier to understand. For example:

• Does the rule organize the material to suit your needs? If not, how could the material be better organized?

• Does the rule clearly state the requirements? If not, how could the rule be more clearly stated?

• Does the rule contain technical language or jargon that is not clear? If so, what language requires clarification?

• Would a different format (grouping and order of sections, use of headings, paragraphing) make the rule easier to understand? If so, what changes to the format would make the rule easier to understand?

• Would more (but shorter) sections be better in any of the rules? If so, what sections should be changed?

Each rule will also 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 Credit Union Department.

Any questions or written comments pertaining to this notice should be directed to the Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699, or by email to cudmail@cud.texas.gov. Any proposed amendments as a result of the review will be published in the Texas Register in compliance with Texas Government Code, Chapter 2001, and will be open for an additional 31-day public comment period prior to final adoption or repeal by the commission.

TRD-201704869

Harold E. Feeney

Commissioner

Credit Union Department

Filed: November 30, 2017


Texas Education Agency

Title 19, Part 2

The State Board of Education (SBOE) proposes the review of 19 TAC Chapter 105, Foundation School Program, pursuant to the Texas Government Code, §2001.039. The rules being reviewed by the SBOE in 19 TAC Chapter 105 are organized under the following subchapters: Subchapter A, Definitions, and Subchapter B, Use of State Funds.

As required by the Texas Government Code, §2001.039, the SBOE will accept comments as to whether the reasons for adopting 19 TAC Chapter 105, Subchapters A and B, continue to exist. The comment period begins with the publication of this notice and must last a minimum of 30 days.

Comments or questions regarding this rule review may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701-1494. Comments may also be submitted electronically to rules@tea.texas.gov.

TRD-201704947

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: December 4, 2017


Texas State Soil and Water Conservation Board

Title 31, Part 17

The Texas State Soil and Water Conservation Board (TSSWCB) files this notice of intent to review and consider for readoption, revision, or repeal, Texas Administrative Code, Title 31, Part 517 Chapter 518, Subchapter B, concerning Historically Underutilized Business Program, §518.5.

This rule review will be conducted pursuant to Texas Government Code, §2001.039. The TSSWCB will accept written comments received on or before 5:00 p.m. Central Time on the 31st day after the date this notice is published in the Texas Register as to whether the reasons for adopting these rules continue to exist.

The Executive Director of the TSSWCB, which administers these rules believes that the reason for adopting the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Rex Isom, Executive Director, 1497 Country View Lane, Temple, Texas 76504-8806 or by email to risom@tsswcb.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for additional 31-day public comment period prior to final adoption or repeal by the TSSWCB.

TRD-201704951

Mel Davis

Special Projects Coordinator

Texas State Soil and Water Conservation Board

Filed: December 4, 2017


The Texas State Soil and Water Conservation Board (TSSWCB) files this notice of intent to review and consider for readoption, revision, or repeal, Texas Administrative Code, Title 31, Part 517, Chapter 529, Subchapter A, concerning the operation and maintenance grant program for flood control dams, §529.1.

This rule review will be conducted pursuant to Texas Government Code, §2001.039. The TSSWCB will accept written comments received on or before 5:00 p.m. Central Time on the 31st day after the date this notice is published in the Texas Register as to whether the reasons for adopting these rules continue to exist.

The Executive Director of the TSSWCB, which administers these rules believes that the reason for adopting the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Rex Isom, Executive Director, 1497 Country View Lane, Temple, Texas 76504-8806 or by email to risom@tsswcb.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for additional 31-day public comment period prior to final adoption or repeal by the TSSWCB.

TRD-201704949

Mel Davis

Special Projects Coordinator

Texas State Soil and Water Conservation Board

Filed: December 4, 2017


Adopted Rule Reviews

Comptroller of Public Accounts

Title 34, Part 1

The Comptroller of Public Accounts adopts the review of Texas Administrative Code, Title 34, Part 1, Chapter 7, Prepaid Higher Education Tuition Program; Chapter 9, Property Tax Administration; Chapter 12. Economic Growth; Chapter 13, Unclaimed Property Reporting and Compliance; and Chapter 15, Electronic Transfer of Certain Payments to State Agencies, pursuant to Government Code, §2001.039. The review assessed whether the reason for adopting the chapter continues to exist.

The comptroller received no comments on the proposed review, which was published in the September 8, 2017, issue of the Texas Register (42 TexReg 4662).

Relating to the review of Chapter 7, the comptroller finds that the reasons for adopting Chapter 7 continue to exist and readopts the sections at this time without changes in accordance with the requirements of Government Code, §2001.039. At a later date, §§7.41, 7.42, 7.101, 7.121, 7.170, 7.181, 7.183, 7.185, and 7.187 will be amended in separate rulemakings in accordance with the Texas Administrative Procedure Act.

Relating to the review of Chapter 9, the comptroller finds that the reasons for adopting Chapter 9 continue to exist and readopts the sections at this time without changes in accordance with the requirements of Government Code, §2001.039. At a later date, §§9.100, 9.101, 9.103, 9.301, 9.419, 9.1052, 9.2001, 9.3001 - 9.3004, 9.3009 - 9.3012, 9.3014, 9.3015, 9.3031, 9.4033, 9.4035, and 9.4037 will be amended in separate rulemakings in accordance with the Texas Administrative Procedure Act.

Relating to the review of Chapter 12, the comptroller finds that the reasons for adopting Chapter 12 continue to exist and readopts the sections at this time without changes in accordance with the requirements of Government Code, §2001.039.

Relating to the review of Chapter 13, the comptroller finds that the reasons for adopting Chapter 13 continue to exist and readopts the sections at this time without changes in accordance with the requirements of Government Code, §2001.039.

Relating to the review of Chapter 15, the comptroller finds that the reasons for adopting Chapter 15 continue to exist and readopts the sections at this time without changes in accordance with the requirements of Government Code, §2001.039. At a later date, §§15.32, 15.33, and 15.41 will be amended in separate rulemakings in accordance with the Texas Administrative Procedure Act.

This concludes the review of Texas Administrative Code, Title 34, Part 1, Chapters 7, 9, 12, 13, and 15.

TRD-201704918

Lita Gonzalez

General Counsel

Comptroller of Public Accounts

Filed: December 4, 2017