REVIEW OF AGENCY RULES

Proposed Rule Reviews

Texas Department of Banking

Title 7, Part 2

On behalf of the Finance Commission of Texas (commission), the Texas Department of Banking files this notice of intention to review and consider for readoption, revision, or repeal, the following chapter of Texas Administrative Code, Title 7, in its entirety:

Chapter 24 (Cemetery Brokers), §§24.1 - 24.4.

The review is conducted pursuant to Government Code, §2001.039. Comments regarding the review of this chapter, and whether the reasons for initially adopting the sections under review continue to exist, will be accepted for 30 days following the publication of this notice in the Texas Register.

Any questions or written comments pertaining to this notice of intention to review should be directed to Catherine Reyer, General Counsel, Texas Department of Banking, 2601 North Lamar Boulevard, Suite 300, Austin, Texas 78705, or emailed to legal@dob.texas.gov.

Any proposed changes to these sections as a result of the rule review will be published as proposed rules in the Texas Register. Proposed rules are subject to public comment for a reasonable period prior to final adoption by the commission.

TRD-201705186

Catherine Reyer

General Counsel

Texas Department of Banking

Filed: December 15, 2017


On behalf of the Finance Commission of Texas (commission), the Texas Department of Banking files this notice of intention to review and consider for readoption, revision, or repeal, the following chapter of Texas Administrative Code, Title 7, in its entirety:

Chapter 33 (Money Services Businesses), §§33.3, 33.4, 33.7, 33.13, 33.15, 33.23, 33.27, 33.31, 33.33, 33.35, 33.37, and 33.51 - 33.53.

The review is conducted pursuant to Government Code, §2001.039. Comments regarding the review of this chapter, and whether the reasons for initially adopting the sections under review continue to exist, will be accepted for 30 days following the publication of this notice in the Texas Register.

Any questions or written comments pertaining to this notice of intention to review should be directed to Catherine Reyer, General Counsel, Texas Department of Banking, 2601 North Lamar Boulevard, Suite 300, Austin, Texas 78705, or e-mailed to legal@dob.texas.gov.

Any proposed changes to these sections as a result of the rule review will be published as proposed rules in the Texas Register. Proposed rules are subject to public comment for a reasonable period prior to final adoption by the commission.

TRD-201705187

Catherine Reyer

General Counsel

Texas Department of Banking

Filed: December 15, 2017


Texas Department of Criminal Justice

Title 37, Part 6

The Texas Board of Criminal Justice files this notice of intent to review §163.42, concerning Substantial Noncompliance. This review is conducted pursuant to Texas Government Code §2001.039, which requires rule review every four years.

Elsewhere in this issue of the Texas Register, the Texas Board of Criminal Justice contemporaneously proposes amendments to §163.42.

Comments should be directed to Sharon Felfe Howell, General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, Sharon.Howell@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this notice in the Texas Register.

TRD-201705218

Sharon Howell

General Counsel

Texas Department of Criminal Justice

Filed: December 15, 2017


Texas Education Agency

Title 19, Part 2

The Texas Education Agency (TEA) 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 TEA in 19 TAC Chapter 105 are organized under the following subchapters: Subchapter AA, Commissioner's Rules Concerning Optional Extended Year Program; and Subchapter CC, Commissioner's Rules Concerning Severance Payments.

As required by the Texas Government Code, §2001.039, the TEA will accept comments as to whether the reasons for adopting 19 TAC Chapter 105, Subchapters AA and CC, continue to exist.

The public comment period on the review of 19 TAC Chapter 105, Subchapters AA and CC, begins December 29, 2017, and ends January 29, 2018. 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-201705255

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: December 19, 2017


Finance Commission of Texas

Title 7, Part 1

On behalf of the Finance Commission of Texas (commission), the Texas Department of Banking files this notice of intention to review and consider for readoption, revision, or repeal, the following chapter of Texas Administrative Code, Title 7, in its entirety:

Chapter 3 (State Bank Regulation), specifically Subchapter A (Securities Activities and Subsidiaries) §§3.1 - 3.5; Subchapter B (General) §§3.21 - 3.23, and 3.34 - 3.38; Subchapter C (Foreign Bank Branches, Agencies and Representative Offices) §§3.40 - 3.45; Subchapter D (Pledge and Maintenance of Assets by Foreign Bank Licensed to Maintain Texas State Branch or Agency) §§3.51 - 3.62; Subchapter E (Banking House and Other Facilities) §§3.91 - 3.93; and Subchapter F (Access to Information) §3.111 and §3.112.

The review is conducted pursuant to Government Code, §2001.039. Comments regarding the review of this chapter, and whether the reasons for initially adopting the sections under review continue to exist, will be accepted for 30 days following the publication of this notice in the Texas Register.

Any questions or written comments pertaining to this notice of intention to review should be directed to Catherine Reyer, General Counsel, Texas Department of Banking, 2601 North Lamar Boulevard, Suite 300, Austin, Texas 78705, or e-mailed to legal@dob.texas.gov.

Any proposed changes to these sections as a result of the rule review will be published as proposed rules in the Texas Register. Proposed rules are subject to public comment for a reasonable period prior to final adoption by the commission.

TRD-201705188

Catherine Reyer

General Counsel

Finance Commission of Texas

Filed: December 15, 2017


Texas State Board of Pharmacy

Title 22, Part 15

The Texas State Board of Pharmacy files this notice of intent to review Chapter 291, (§§291.51 - 291.55), concerning Nuclear Pharmacy (Class B), pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules.

Comments regarding whether the reason for adopting the rule continues to exist, may be submitted to Megan Holloway, Staff Attorney, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas 78701, FAX (512) 305-6778. Comments must be received by 5:00 p.m., February 5, 2018.

TRD-201705200

Allison Vordenbaumen Benz, R.Ph., M.S.

Executive Director

Texas State Board of Pharmacy

Filed: December 15, 2017


The Texas State Board of Pharmacy files this notice of intent to review Chapter 305, (§305.1 and §305.2), concerning Educational Requirements, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules.

Comments regarding whether the reason for adopting the rule continues to exist, may be submitted to Megan Holloway, Staff Attorney, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas, 78701, FAX (512) 305-6778. Comments must be received by 5:00 p.m., February 5, 2018.

TRD-201705202

Allison Vordenbaumen Benz, R.Ph., M.S.

Executive Director

Texas State Board of Pharmacy

Filed: December 15, 2017


The Texas State Board of Pharmacy files this notice of intent to review Chapter 309, (§§309.1 - 309.8), concerning Substitution of Drug Products, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules.

Comments regarding whether the reason for adopting the rule continues to exist may be submitted to Megan Holloway, Staff Attorney, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas 78701, FAX (512) 305-6778. Comments must be received by 5:00 p.m., February 5, 2018.

TRD-201705201

Allison Vordenbaumen Benz, R.Ph., M.S.

Executive Director

Texas State Board of Pharmacy

Filed: December 15, 2017


Adopted Rule Reviews

Office of Consumer Credit Commissioner

Title 7, Part 5

The Finance Commission of Texas (commission) has completed the review of Texas Administrative Code, Title 7, Part 5, Chapter 88, concerning Consumer Debt Management Services. Chapter 88 contains Subchapter A, concerning Registration Procedures (§§88.101 - 88.110), Subchapter B, concerning Annual Requirements (§§88.201 - 88.202), and Subchapter C, concerning Operational Requirements (§88.302 and §§88.304 - 88.307). This rule review was conducted pursuant to Texas Government Code, §2001.039.

Notice of the review of 7 TAC, Part 5, Chapter 88 was published in the Texas Register as required on November 3, 2017, (42 TexReg 6211). The commission received no comments in response to that notice. The commission believes that the reasons for initially adopting the rules contained in this chapter continue to exist.

As a result of internal review by the agency, the commission has determined that certain revisions are appropriate and necessary. The commission is concurrently proposing amendments and a repeal in 7 TAC, Chapter 88, published elsewhere in this issue of the Texas Register.

Subject to the proposed amendments to Chapter 88 and the repeal of §88.106, the commission finds that the reasons for initially adopting these rules continue to exist, and readopts this chapter in accordance with the requirements of Texas Government Code, §2001.039.

This concludes the review of 7 TAC, Part 5, Chapter 88.

TRD-201705205

Laurie B. Hobbs

Assistant General Counsel

Office of Consumer Credit Commissioner

Filed: December 15, 2017


Employees Retirement System of Texas

Title 34, Part 4

Pursuant to the notice of the proposed rule review published in the December 2, 2016, issue of the Texas Register (41 TexReg 9635), the Employees Retirement System of Texas (ERS) reviewed 34 Texas Administrative Code (TAC) Chapter 79, Social Security, pursuant to Texas Government Code §2001.039, to determine whether the reason for adopting the rules in Chapter 79 continues to exist. No comments were received concerning the proposed review.

As a result of the review, the ERS Board of Trustees (Board) has determined that the reason for adopting the rules in 34 TAC Chapter 79 continues to exist, and therefore, the Board readopts Chapter 79. This completes ERS’ review of 34 TAC Chapter 79, Social Security.

TRD-201705138

Paula A. Jones

Deputy Executive Director and General Counsel

Employees Retirement System of Texas

Filed: December 13, 2017