REVIEW OF AGENCY RULES

Proposed Rule Reviews

Texas State Library and Archives Commission

Title 13, Part 1

The Texas State Library and Archives Commission proposes to review Chapter 6, concerning the management, retention, microfilming, and electronic storage of state agency records and the fee schedules for the commission's imaging and records storage services, in accordance with the requirements of the Government Code, §2001.39, which require state agencies to review and consider for readoption each of their rules every four years.

The reasons for adopting the rules in Chapter 6 continue to exist. The rules were adopted pursuant to the Government Code, §441.185(e) that requires the Texas State Library and Archives Commission to adopt rules concerning the submission of records schedules to the state records administrator; Government Code, §441.185(f) that permits the commission to prescribe minimum retention periods for state records; Government Code, §441.188 that permits the commission to establish standards and procedures for the microfilming of state records; Government Code, §441.189 that permits the commission to establish standards and procedures for the electronic storage of state records; and the Business and Commerce Code, §43.017 that permits the commission to adopt rules concerning the management of electronic transactions and signed records. The commission has authority to recover the costs of its imaging and records storage services through the assessment of fees. The commission has chosen to adopt its fee schedules for these services as administrative rules under authority of the Government Code, §441.199, which gives the commission broad rulemaking authority in the state's management and preservation of records.

Written comments on the review of Chapter 6 may be submitted to Nanette Pfiester, Program Planning and Research Specialist, Texas State Library and Archives Commission, State and Local Records Management, Box 12927, Austin, TX 78711; by fax to (512) 936-2306; or by email to nanette.pfiester@tsl.texas.gov. The Texas State Library and Archives Commission must receive written comments postmarked no later than 30 days from the date this notice is published in the Texas Register.

TRD-201606593

Nanette Pfiester

Program, Planning & Research Specialist

Texas State Library and Archives Commission

Filed: December 15, 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 70, Industrialized Housing and Buildings. 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 Neta Lamas, 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. Please include "IHB" in the subject line. 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.

§70.1 Authority

§70.10 Definitions

§70.20 Registration of Manufacturers, REF Builders, and Industrialized Builders

§70.21 Registration of Design Review Agencies, Third Party Inspection Agencies and Inspectors, and Third Party Site Inspectors

§70.22 Criteria for Approval of Design Review Agencies

§70.23 Criteria for Approval of Third Party Inspection Agencies and Inspectors

§70.24 Criteria for Approval of Third Party Site Inspectors

§70.25 Permits

§70.30 Exemptions (New section effective October 1, 2016 (41 TexReg 7259))

§70.50 Reporting Requirements for IHB Registrants

§70.51 Third Party Inspection Reports

§70.60 Responsibilities of the Department -- Plant Certification

§70.61 Responsibilities of the Department -- Monitoring Inspections

§70.62 Responsibilities of the Local Building Official -- Inspections

§70.63 Council's Responsibilities -- Compliance Disputes

§70.64 Responsibilities of the Department -- Proprietary Information Protected

§70.65 Responsibilities of the Commission -- Reciprocity

§70.70 Responsibilities of the Registrants -- Manufacturer's Design Package and REF Builder's Construction Documents

§70.71 Responsibilities of the Registrants -- Data Plates

§70.72 Responsibilities of the Registrants -- In-plant Inspection

§70.73 Responsibilities of the Registrants -- Building Site Construction and Inspections

§70.74 Responsibilities of the Registrants -- Alterations

§70.75 Responsibilities of the Registrants -- Permit/Owner Information

§70.76 Responsibilities of the Registrants -- Proprietary Information Protected

§70.77 Responsibilities of the Registrants -- Decals and Insignia for New Construction

§70.78 Responsibilities of the Registrants -- General

§70.79 Responsibilities of the Registrants -- Site-built REF Construction and Inspection

§70.80 Commission Fees

§70.81 Late Renewal Fees

§70.90 Sanctions -- Administrative Sanction/Penalties

§70.92 Sanctions for Failure to Comply by Design Review Agencies, Third Party Inspection Agencies, and Third Party Inspectors

§70.100 Mandatory Building Codes

§70.101 Amendments to Mandatory Building Codes

§70.102 Use and Construction of Codes

§70.103 Alternate Materials and Methods

§70.120 Intent

TRD-201606623

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Filed: December 16, 2016


Texas State Board of Pharmacy

Title 22, Part 15

The Texas State Board of Pharmacy files this notice of intent to review Chapter 291, (§§291.120, 291.121, 291.123, 291.125, 291.127, 291.129, 291.131, 291.133), Subchapter G concerning Services Provided by Pharmacies, 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 Allison Vordenbaumen Benz, R.Ph., M.S., Director of Professional Services, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-600, Austin, Texas, 78701, FAX (512) 305-6778. Comments must be received by 5:00 p.m., February 6, 2017.

TRD-201606674

Gay Dodson, R.Ph.

Executive Director

Texas State Board of Pharmacy

Filed: December 19, 2016


The Texas State Board of Pharmacy files this notice of intent to review Chapter 291, (§§291.151, 291.153, 291.155) Subchapter H concerning Other Classes of Pharmacy, 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 Allison Vordenbaumen Benz, R.Ph., M.S., Director of Professional Services, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-600, Austin, Texas, 78701, FAX (512) 305-6778. Comments must be received by 5:00 p.m., February 6, 2017.

TRD-201606677

Gay Dodson, R.Ph.

Executive Director

Texas State Board of Pharmacy

Filed: December 19, 2016


The Texas State Board of Pharmacy files this notice of intent to review Chapter 297, (§§297.1 - 297.11), concerning Pharmacy Technicians and Pharmacy Technician Trainees, 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 Allison Vordenbaumen Benz, R.Ph., M.S., Director of Professional Services, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-600, Austin, Texas, 78701, FAX (512) 305-6778. Comments must be received by 5:00 p.m., February 6, 2017.

TRD-201606678

Gay Dodson, R.Ph.

Executive Director

Texas State Board of Pharmacy

Filed: December 19, 2016


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 3, concerning Tax Administration, 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 9, 2016, issue of the Texas Register (41 TexReg 7139).

Relating to the review of Chapter 3, Subchapters D, G, H, I, J, K, S, T, W, X, Z, FF, HH, JJ, KK, LL, and NN continue to exist and the comptroller readopts the sections without changes in accordance with the requirements of Government Code, §2001.039.

As a result of the review of Chapter 3, the following subchapters are being amended, Subchapter A, §§3.3, 3.4, 3.6 - 3.8, Subchapter B, §3.17 and §3.28, Subchapter C, §§3.35, 3.37, and 3.39, Subchapter E, §3.52, Subchapter F, §§3.64, 3.69 - 3.74, 3.78 - 3.80, 3.86, 3.88, 3.90, 3.94, and 3.95, Subchapter O, §§3.282 - 3.304, 3.307, 3.308, 3.310 - 3.315, 3.317 - 3.319, 3.321 - 3.323, 3.325, 3.327, 3.329 - 3.333, 3.335 - 3.339, 3.342 - 3.344, 3.346, 3.347, 3.354 - 3.358, 3.360 - 3.362, 3.364 - 3.367, and 3.369, Subchapter U, §3.511, Subchapter V, §§3.584, 3.585, 3.587 - 3.591, 3.593 and 3.594, Subchapter AA, §3.701, Subchapter BB, §3.711, Subchapter CC, §3.722, Subchapter DD, §3.731, and §3.732, Subchapter EE, §3.741, Subchapter GG, §§3.809, 3.811, 3.820, 3.822, 3.823, 3.830 - 3.832, 3.834, and 3.835, and Subchapter MM, §3.1271. The sections will be amended in separate rulemakings in accordance with the Texas Administrative Procedure Act.

As a result of the review of Chapter 3, the comptroller will propose the repeal of Subchapter F, §3.65 and §3.66, and Subchapter V, §3.595, in a separate rulemaking in accordance with the Texas Administrative Procedure Act.

This concludes the review of Texas Administrative Code, Title 34, Part 1, Chapter 3.

TRD-201606640

Lita Gonzalez

General Counsel

Comptroller of Public Accounts

Filed: December 16, 2016