REVIEW OF AGENCY RULES

Proposed Rule Reviews

Credit Union Department

Title 7, Part 6

The Texas Credit Union Commission (commission) provides this notice of its intent to review and consider the following chapters of Texas Administrative Code, Title 7, Part 6, in their entirety, for readoption, revision, or repeal:

Chapter 97, Subchapter A, concerning General Provisions, consisting of §97.101, concerning Meetings, §97.102 concerning Delegation of Duties, §97.103 concerning Recusal or Disqualification of Commission Members, §97.104 concerning Petitions for Adoption or Amendment of Rules, §97.105 concerning Frequency of Examination.

Chapter 97, Subchapter B, concerning Fees, consisting of §97.113 concerning Fees and charges, §97.114 concerning Charges for Public Records, §97.115 concerning Reimbursement of Legal Expenses, §97.116 concerning Recovery of Costs for Extraordinary Services Not Related to an Examination.

Chapter 97, Subchapter C, concerning Department Operations, consisting of §97.200 concerning Employee Training Program, §97.205 consisting of Use of Historically Underutilized Businesses, §97.206 consisting of Posting of Certain Contracts: Enhanced Contracts and Performance Monitoring, §97.207 concerning Contracts for Professional or Personal Service.

Chapter 97, Subchapter D, concerning Gifts and Bequests, consisting of §97.300 concerning Gifts of Money or Property.

Chapter 97, Subchapter E, concerning Advisory Committees, consisting of §97.401 concerning General Requirements.

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-201606266

Harold E. Feeney

Commissioner

Credit Union Department

Filed: December 6, 2016


Texas Department of Licensing and Regulation

Title 16, Part 4

The Texas Department of Licensing and Regulation (Department) files this notice of intent to review and consider for re-adoption, revision, or repeal, Title 16, Texas Administrative Code, Chapter 60, Procedural Rules of the Commission and the Department. This review and consideration is being conducted in accordance with the requirements of Texas Government Code, §2001.039.

An assessment will be made by the Department as to whether the reasons for adopting or readopting these rules continue to exist. 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 Department.

Any questions or written comments pertaining to this rule review may be submitted by mail to Pauline Easley, Legal Assistant, General Counsel's Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or by facsimile to (512) 475-3032, or electronically to erule.comments@tdlr.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.

Any proposed changes to these rules as a result of the rule review will be published in the Proposed Rule Section of the Texas Register. The proposed rules will be open for public comment prior to final adoption or repeal by the Department, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

Subchapter A. General Provisions.

§60.1 Authority.

§60.10 Definitions.

Subchapter B. Powers and Responsibilities.

§60.20 General Powers and Duties of the Commission.

§60.21 Commission Meetings--Procedures.

§60.22 General Powers and Duties of the Department and the Executive Director.

§60.23 Commission and Executive Director--Imposing Sanctions and Penalties.

§60.24 Advisory Boards.

Subchapter C. License Applications.

§60.30 Initial License Applications.

§60.31 License Renewal Applications.

§60.33 Temporary License Applications.

§60.34 Substantially Equivalent License Requirements.

§60.35 Determining the Amount of Experience, Service, Training, or Education.

Subchapter D. Criminal History and License Eligibility.

§60.40 License Eligibility for Persons with Criminal Convictions.

§60.41 License Eligibility for Persons with Deferred Adjudications or Non-Conviction Activities.

§60.42 Criminal History Evaluation Letters.

Subchapter E. Examinations.

§60.50 Examination Rescheduling.

§60.51 Examination Fee Refund.

§60.52 Examination Security.

§60.53 Access to Examinations.

§60.54 Examination Results.

Subchapter F. Fees.

§60.80 Program Fees.

§60.81 Charges for Providing Copies of Public Information.

§60.82 Dishonored Payment Device.

§60.83 Late Renewal Fees.

Subchapter G. Rulemaking.

§60.100 Rulemaking.

§60.101 Negotiated Rulemaking.

§60.102 Petition for Adoption of Rules.

Subchapter H. Complaint Handling.

§60.200 Complaints.

Subchapter I. Contested Cases.

§60.300 Purpose and Scope.

§60.302 Notice of Alleged Violation.

§60.304 Disposition by Agreement.

§60.305 Place and Nature of Hearings.

§60.306 Request for Hearing and Defaults.

§60.307 Hearing Costs.

§60.308 Proposals for Decision.

§60.310 Final Orders.

§60.311 Corrected Orders.

Subchapter J. Mediation for Contested Cases.

§60.400 Alternative Dispute Resolution--Mediation.

§60.401 Referral of Contested Matter for Mediation.

§60.402 Appointment of Mediator.

§60.403 Qualifications of Mediators.

§60.404 Disqualifications of Mediators.

§60.405 Qualified Immunity of the Mediator.

§60.406 Commencement of Mediation.

§60.407 Stipulations.

§60.408 Agreements.

§60.409 Confidentiality.

Subchapter K. Licensing Provisions Related to Military Service Members, Military Veterans, and Military Spouses.

§60.500 Military Subchapter.

§60.501 Military Definitions.

§60.502 Determining the Amount of Military Experience, Service, Training, or Education.

§60.503 Exemption from Late Renewal Fees.

§60.504 Extension of Certain Deadlines.

§60.510 License Requirements for Applicants with Military Experience, Service, Training, or Education.

§60.512 Expedited Alternative Licensing Requirements--Substantially Equivalent License.

§60.514 Expedited Alternative Licensing Requirements--Previously Held Texas License.

§60.516 Expedited Alternative Licensing Requirements--Demonstration of Competency by Alternative Methods.

TRD-201606136

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Filed: December 5, 2016


The Texas Department of Licensing and Regulation (Department) files this notice of intent to review and consider for re-adoption, revision, or repeal, Title 16, Texas Administrative Code, Chapter 73, Electricians Program. This review and consideration is being conducted in accordance with the requirements of Texas Government Code, §2001.039.

An assessment will be made by the Department as to whether the reasons for adopting or readopting these rules continue to exist. 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 Department.

Any questions or written comments pertaining to this rule review may be submitted by mail to Pauline Easley, Legal Assistant, General Counsel's Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or by facsimile to (512) 475-3032, or electronically to erule.comments@tdlr.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.

Any proposed changes to these rules as a result of the rule review will be published in the Proposed Rule Section of the Texas Register. The proposed rules will be open for public comment prior to final adoption or repeal by the Department, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

§73.1 Authority.

§73.10 Definitions.

§73.20 Licensing Requirements--Applicant and Experience Requirements.

§73.21 Licensing Requirements--Examinations.

§73.22 Licensing Requirements--General.

§73.23 Licensing Requirements--Renewal.

§73.24 Licensing Requirements--Waiver of Examination Requirements.

§73.25 Continuing Education.

§73.26 Documentation of Required On-The-Job Training.

§73.27 Licensing Requirements--Temporary Apprentices.

§73.28 Licensing Requirements--Emergency Licenses.

§73.30 Exemptions.

§73.40 Insurance Requirements.

§73.51 Electrical Contractors' Responsibilities.

§73.52 Electrical Sign Contractors' Responsibilities.

§73.53 Responsibilities of All Persons Performing Electrical Work.

§73.54 Residential Appliance Installation Contractors' Responsibilities.

§73.60 Standards of Conduct for Engaging in Electrical Work.

§73.65 Advisory Board.

§73.70 Responsibility of Licensee-Standards of Conduct.

§73.80 Fees.

§73.90 Sanctions--Administrative Sanctions/Penalties.

§73.91 Enforcement Authority.

§73.100 Technical Requirements.

TRD-201606135

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Filed: December 5, 2016


Adopted Rule Reviews

Texas Department of Licensing and Regulation

Title 16, Part 4

The Texas Department of Licensing and Regulation (Department) filed a Notice of Intent to Review and consider for re-adoption, revision, or repeal, Title 16, Texas Administrative Code (TAC), Chapter 76, relating to the Water Well Drillers and Water Well Pump Installers program. The Notice of Intent to Review was published in the September 2, 2016, issue of the Texas Register (41 TexReg 6781). The public comment period closed on October 3, 2016.

Texas Government Code, §2001.039 requires state agencies to review their rules every four years to determine if the reasons for initially adopting the rules continue to exist. The rules implementing Water Well Drillers and Water Well Pump Installers under Texas Occupations Code, Chapters 1901 and 1902, are scheduled for this four-year review.

The Department has reviewed these rules and has determined that the rules are still essential in implementing the statutory provisions of Texas Occupations Code, Chapter 1901, Water Well Drillers and Chapter 1902, Water Well Pump Installers. The rules provide details that are not found in the program statute but are necessary for implementation and operation of this program. For example, the rules detail the licensing requirements, responsibilities of licensees, and the fees that are specific to this program. The Department received public comments in response to the Notice of Intent to Review from two interested parties.

One commenter expressed concerns regarding the length of time it takes to be licensed, but offered no specific solution. One commenter suggested fast bailer operations should be under this program. These comments will be taken under consideration as part of any possible rule changes in the future.

At its meeting on November 16, 2016, the Texas Commission of Licensing and Regulation (Commission), the Department's governing body, readopted the rules at 16 TAC, Chapter 76 Water Well Drillers and Water Well Pump Installers, in their current form. As a result of this review process, the Department may propose amendments in the future that may further clarify or supplement the existing rules. Any future proposed changes to the rules will be published in the Proposed Rules section of the Texas Register and will be open for public comment prior to final adoption by the Commission in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

The rules are re-adopted by the Commission in accordance with Texas Government Code §2001.039. This concludes the review of 16 TAC, Chapter 76, Water Well Drillers and Water Well Pump Installers.

TRD-201606110

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Filed: December 1, 2016