TITLE rule-review

Proposed Rule Reviews

Joint Financial Regulatory Agencies

Title 7, Part 8

The Finance Commission of Texas and the Texas Credit Union Commission ("commissions") file this notice of intention to review and consider the following chapters of Texas Administrative Code, Title 7, Part 8, in their entirety, for readoption, revision, or repeal, as required by Texas Government Code, §2001.039:

Chapter 151 (relating to Home Equity Lending Procedures), comprised of §§151.1 - 151.8 and

Chapter 153 (relating to Home Equity Lending), comprised of §§153.1 - 153.5, 153.7 - 153.18, 153.20, 153.22, 153.24, 153.25, 153.41, 153.51, 153.82, 153.84 - 153.88 and 153.91 - 153.96.

Texas Constitution, Article XVI, §50 ("Section 50"), sets out the only permissible encumbrances on a homestead. Pursuant to Section 50(u), as implemented by Texas Finance Code, §11.308 and §15.413, the power to interpret Section 50(a)(5) - (7), (e) - (p), and (t) of the Texas Constitution has been separately and independently delegated to the commissions, subject to the statutory admonition that the commissions strive for consistency in the exercise of this independent authority. The commissions have jointly adopted the rules in 7 TAC Chapters 151 and 153.

The commissions believe that the reasons for adopting the rules contained in these chapters continue to exist. The commissions will accept written comments regarding the review of Chapters 151 and 153 for 30 days following the publication of this notice in the Texas Register as to whether the reasons for adopting these rules continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Sealy Hutchings, General Counsel, Office of Consumer Credit Commissioner, 2601 North Lamar Boulevard, Austin, Texas 78705-4207 or to Stacey McLarty, Assistant Commissioner and General Counsel, Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699, or by email to sealy.hutchings@occc.state.tx.us or to stacey.mclarty@cud.texas.gov.

Any proposed changes to these sections as a result of the rule review will be published in the Texas Register in compliance with Texas Government Code, Chapter 2001. Proposed amendments and interpretations are subject to public comment for a reasonable period of at least 30 days prior to final adoption or repeal by the commissions.

TRD-201301840

Leslie L. Pettijohn

Consumer Credit Commissioner

Joint Financial Regulatory Agencies

Filed: May 8, 2013

Adopted Rule Reviews

Texas Historical Commission

Title 13, Part 2

The Texas Historical Commission (the "commission") adopts the review of Texas Administrative Code, Title 13, Part 2, Chapter 11, relating to the Administrative Department. This review was completed pursuant to Texas Government Code §2001.039. The commission has assessed whether the reasons for adopting or re-adopting this chapter continue to exist. Each section of Chapter 11 was reviewed to determine whether it was obsolete, reflected current legal and policy considerations, reflected current general provisions in the governance of the commission, and/or whether it was in compliance with Chapter 2001 of the Texas Government Code (Administrative Procedure Act). The commission proposed the review of 13 TAC Chapter 11 in the March 2, 2012, issue of the Texas Register (37 TexReg 1517).

Relating to the review of 13 TAC Chapter 11, the commission finds the reasons for adopting Chapter 11 continue to exist and re-adopts the rules. The commission received no comments related to the review of Chapter 11. At a later date, the commission plans to propose revisions to clarify language in Chapter 11.

This concludes the review of 13 TAC Chapter 11.

TRD-201301733

Mark Wolfe

Executive Director

Texas Historical Commission

Filed: May 1, 2013

The Texas Historical Commission (the "commission") adopts the review of Texas Administrative Code, Title 13, Part 2, Chapter 12, relating to the Texas Historic Courthouse Preservation Program. This review was completed pursuant to Texas Government Code §2001.039. The commission has assessed whether the reasons for adopting or re-adopting this chapter continue to exist. Each section of Chapter 12 was reviewed to determine whether it was obsolete, reflected current legal and policy considerations, reflected current general provisions in the governance of the commission, and/or whether it was in compliance with Chapter 2001 of the Texas Government Code (Administrative Procedure Act). The commission proposed the review of 13 TAC Chapter 12 in the March 2, 2012, issue of the Texas Register (37 TexReg 1517).

Relating to the review of 13 TAC Chapter 12, the commission finds the reasons for adopting Chapter 12 continue to exist and re-adopts the rules. The commission received no comments related to the review of Chapter 12. At a later date, the commission plans to propose revisions to clarify language in the administration of the programs.

This concludes the review of 13 TAC Chapter 12.

TRD-201301797

Mark Wolfe

Executive Director

Texas Historical Commission

Filed: May 6, 2013

The Texas Historical Commission (the "commission") adopts the review of Texas Administrative Code, Title 13, Part 2, Chapter 14, relating to the Texas Historical Artifacts Acquisition Program. This review was completed pursuant to Texas Government Code §2001.039. The commission has assessed whether the reasons for adopting or re-adopting this chapter continue to exist. Each section of Chapter 14 was reviewed to determine whether it was obsolete, reflected current legal and policy considerations, reflected current general provisions in the governance of the commission, and/or whether it was in compliance with Chapter 2001 of the Texas Government Code (Administrative Procedure Act). The commission proposed the review of 13 TAC Chapter 14 in the March 2, 2012, issue of the Texas Register (37 TexReg 1517).

Relating to the review of 13 TAC Chapter 14, the commission finds the reasons for adopting Chapter 14 continue to exist and re-adopts the rules. The commission received no comments related to the review of Chapter 14. At a later date, the commission plans to propose revisions to clarify language in the administration of the program.

This concludes the review of 13 TAC Chapter 14.

TRD-201301734

Mark Wolfe

Executive Director

Texas Historical Commission

Filed: May 1, 2013

The Texas Historical Commission (the "commission") adopts the review of Texas Administrative Code, Title 13, Part 2, Chapter 15, relating to the Administration of Federal Programs. This review was completed pursuant to Texas Government Code §2001.039. The commission has assessed whether the reasons for adopting or re-adopting this chapter continue to exist. Each section of Chapter 15 was reviewed to determine whether it was obsolete, reflected current legal and policy considerations, reflected current general provisions in the governance of the commission, and/or whether it was in compliance with Chapter 2001 of the Texas Government Code (Administrative Procedure Act). The commission proposed the review of 13 TAC Chapter 15 in the March 2, 2012, issue of the Texas Register (37 TexReg 1517).

Relating to the review of 13 TAC Chapter 15, the commission finds the reasons for adopting Chapter 15 continue to exist and re-adopts the rules. The commission received no comments related to the review of Chapter 15. At a later date, the commission plans to propose revisions to clarify language in the administration of the programs.

This concludes the review of 13 TAC Chapter 15.

TRD-201301798

Mark Wolfe

Executive Director

Texas Historical Commission

Filed: May 6, 2013

The Texas Historical Commission (the "commission") adopts the review of Texas Administrative Code, Title 13, Part 2, Chapter 17, relating to the State Architectural Programs. This review was completed pursuant to Texas Government Code §2001.039. The commission has assessed whether the reasons for adopting or re-adopting this chapter continue to exist. Each section of Chapter 17 was reviewed to determine whether it was obsolete, reflected current legal and policy considerations, reflected current general provisions in the governance of the commission, and/or whether it was in compliance with Chapter 2001 of the Texas Government Code (Administrative Procedure Act). The commission proposed the review of 13 TAC Chapter 17 in the March 2, 2012, issue of the Texas Register (37 TexReg 1517).

Relating to the review of 13 TAC Chapter 17, the commission finds the reasons for adopting Chapter 17 continue to exist and re-adopts the rules. The commission received no comments related to the review of Chapter 17. At a later date, the commission plans to propose revisions to clarify language in the administration of the programs.

This concludes the review of 13 TAC Chapter 17.

TRD-201301799

Mark Wolfe

Executive Director

Texas Historical Commission

Filed: May 6, 2013

The Texas Historical Commission (the "commission") adopts the review of Texas Administrative Code, Title 13, Part 2, Chapter 21, relating to History Programs. This review was completed pursuant to Texas Government Code §2001.039. The commission has assessed whether the reasons for adopting or re-adopting this chapter continue to exist. Each section of Chapter 21 was reviewed to determine whether it was obsolete, reflected current legal and policy considerations, reflected current general provisions in the governance of the commission, and/or whether it was in compliance with Chapter 2001 of the Texas Government Code (Administrative Procedure Act). The commission proposed the review of 13 TAC Chapter 21 in the March 2, 2012, issue of the Texas Register (37 TexReg 1517).

Relating to the review of 13 TAC Chapter 21, the commission finds the reasons for adopting Chapter 21 continue to exist and re-adopts the rules. The commission received no comments related to the review of Chapter 21. At a later date, the commission plans to propose revisions to clarify language in the administration of the programs.

This concludes the review of 13 TAC Chapter 21.

TRD-201301748

Mark Wolfe

Executive Director

Texas Historical Commission

Filed: May 2, 2013

The Texas Historical Commission (the "commission") adopts the review of Texas Administrative Code, Title 13, Part 2, Chapter 22, relating to Cemeteries. This review was completed pursuant to Texas Government Code §2001.039. The commission has assessed whether the reasons for adopting or re-adopting this chapter continue to exist. Each section of Chapter 22 was reviewed to determine whether it was obsolete, reflected current legal and policy considerations, reflected current general provisions in the governance of the commission, and/or whether it was in compliance with Chapter 2001 of the Texas Government Code (Administrative Procedure Act). The commission proposed the review of 13 TAC Chapter 22 in the March 2, 2012, issue of the Texas Register (37 TexReg 1517).

Relating to the review of 13 TAC Chapter 22, the commission finds the reasons for adopting Chapter 22 continue to exist and re-adopts the rules. The commission received no comments related to the review of Chapter 22. At a later date, the commission plans to propose revisions to clarify language in the administration of the programs.

This concludes the review of 13 TAC Chapter 22.

TRD-201301749

Mark Wolfe

Executive Director

Texas Historical Commission

Filed: May 2, 2013

The Texas Historical Commission (the "commission") adopts the review of Texas Administrative Code, Title 13, Part 2, Chapter 23, relating to Publications. This review was completed pursuant to Texas Government Code §2001.039. The commission has assessed whether the reasons for adopting or re-adopting this chapter continue to exist. Each section of Chapter 23 was reviewed to determine whether it was obsolete, reflected current legal and policy considerations, reflected current general provisions in the governance of the commission, and/or whether it was in compliance with Chapter 2001 of the Texas Government Code (Administrative Procedure Act). The commission proposed the review of 13 TAC Chapter 23 in the March 2, 2012, issue of the Texas Register (37 TexReg 1517).

Relating to the review of 13 TAC Chapter 23, the commission finds the reasons for adopting Chapter 23 continue to exist and re-adopts the rules. The commission received no comments related to the review of Chapter 23. At a later date, the commission plans to propose revisions to clarify language related to publications.

This concludes the review of 13 TAC Chapter 23.

TRD-201301735

Mark Wolfe

Executive Director

Texas Historical Commission

Filed: May 1, 2013