REVIEW OF AGENCY RULES

Proposed Rule Reviews

Texas Department of Criminal Justice

Title 37, Part 6

The Texas Board of Criminal Justice files this notice of intent to review §151.51, concerning Custodial Officer Certification and Hazardous Duty Pay Eligibility Guidelines. 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 §151.51.

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-201700589

Sharon Howell

General Counsel

Texas Department of Criminal Justice

Filed: February 13, 2017


Adopted Rule Reviews

Texas State Library and Archives Commission

Title 13, Part 1

The Texas State Library and Archives Commission has completed the review of rules in Title 13, Chapter 6 (State Records) 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. Notice of the review was published in the December 30, 2016, issue of the Texas Register (41 TexReg10677).

The commission readopts §§6.1 - 6.10, 6.21 - 6.35, 6.91 - 6.97, 6.121, and 6.122 of the chapter in accordance with the Government Code, §2001.039.

The commission did not receive any comments on its review of Chapter 6.

The commission finds that the reasons for the adoption of the rules in Chapter 6 continue to exist. They allow the commission to fulfill its statutory obligations in the management of state records. 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.

TRD-201700614

Nanette Pfiester

Program Planning and Research Specialist

Texas State Library and Archives Commission

Filed: February 14, 2017


Texas Education Agency

Title 19, Part 2

The State Board of Education (SBOE) adopts the review of 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions, and Subchapter B, State Board of Education: Purchasing and Contracts, pursuant to the Texas Government Code, §2001.039. The SBOE proposed the review of 19 TAC Chapter 30, Subchapters A and B, in the December 9, 2016, issue of the Texas Register (41 TexReg 9746).

Relating to the review of 19 TAC Chapter 30, Subchapter A, the SBOE finds that the reasons for adopting Subchapter A continue to exist and readopts the rule. The SBOE received no comments related to the review of Subchapter A. The SBOE approved a proposed amendment to 19 TAC §30.1, Petition for Adoption of Rule Changes, which can be found in the Proposed Rules section of this issue.

Relating to the review of 19 TAC Chapter 30, Subchapter B, the SBOE finds that the reasons for adopting Subchapter B continue to exist and readopts the rules. The SBOE received no comments related to the review of Subchapter B. No changes are necessary as a result of the review.

TRD-201700623

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: February 15, 2017


The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 30, Administration, Subchapter AA, Commissioner of Education: General Provisions, and Subchapter BB, Commissioner of Education: Purchasing and Contracts, pursuant to the Texas Government Code, §2001.039. The TEA proposed the review of 19 TAC Chapter 30, Subchapters AA and BB, in the December 9, 2016, issue of the Texas Register (41 TexReg 9745).

Relating to the review of 19 TAC Chapter 30, Subchapter AA, the TEA finds that the reasons for adopting Subchapter AA continue to exist and readopts the rule. The TEA received no comments related to the review of Subchapter AA. The TEA is proposing an amendment to 19 TAC §30.1001, Petition for Adoption of Rule Changes, which can be found in the Proposed Rules section of this issue.

Relating to the review of 19 TAC Chapter 30, Subchapter BB, the TEA finds that the reasons for adopting Subchapter BB continue to exist and readopts the rules. The TEA received no comments related to the review of Subchapter BB. No changes are necessary as a result of the review.

This concludes the review of 19 TAC Chapter 30.

TRD-201700624

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: February 15, 2017