Title 7, Part 1

The Finance Commission of Texas (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal Texas Administrative Code, Title 7, Part 1, Chapter 1, concerning Consumer Credit Regulation. Chapter 1 consists of Subchapter B, which contains §1.201, concerning Interpretations and Advisory Letters.

This rule review will be conducted pursuant to Texas Government Code, §2001.039. The commission will accept comments for 31 days following publication of this notice in the Texas Register as to whether the reasons for adopting this rule continue to exist.

The Office of Consumer Credit Commissioner, which administers this rule, believes that the reasons for adopting the rule contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Laurie Hobbs, Assistant General Counsel, Office of Consumer Credit Commissioner, 2601 North Lamar Boulevard, Austin, Texas 78705-4207, or by email to laurie.hobbs@occc.state.tx.us. Any proposed changes to the rule as a result of the review will be published in the Proposed Rules section of the Texas Register and will be open for an additional 31-day public comment period prior to final adoption or repeal by the commission.

TRD-201202218

Leslie L. Pettijohn

Commissioner

Finance Commission of Texas

Filed: May 1, 2012

Title 28, Part 2

The Texas Department of Insurance (Department), Division of Workers' Compensation (Division) will review and consider for re-adoption, revision, or repeal all sections of the following chapter of Title 28, Part 2 of the Texas Administrative Code, in accordance with Texas Government Code §2001.039: Chapter 150, Representation of Parties Before the Agency--Qualifications for Representatives.

§150.1. Minimum Standards of Practice for an Attorney.

§150.2. Qualification and Authorization of Attorney To Practice before the Commission.

§150.3. Representatives: Written Authorization Required.

The Division will consider whether the reasons for initially adopting these rules continue to exist and whether these rules should be repealed, re-adopted, or re-adopted with amendments. Any repeals or necessary amendments identified during the review of these rules will be proposed and published in the Texas Register in accordance with the Administrative Procedure Act, Texas Government Code, Chapter 2001.

To be considered, written comments relating to whether these rules should be repealed, re-adopted, or re-adopted with amendments must be submitted by 5:00 p.m. CST, June 11, 2012. Comments may be submitted by email at rulereviewcomments@tdi.state.tx.us or by mailing or delivering your comments to Maria Jimenez, Legal Services, MS-4D, Texas Department of Insurance, Division of Workers' Compensation, 7551 Metro Center Drive, Suite 100, Austin, Texas 78744-1645.

Comments should clearly specify the particular section of the rule to which they apply. Comments should include proposed alternative language as appropriate. General comments should be designated as such.

TRD-201202212

Dirk Johnson

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Filed: April 30, 2012

The Office of the Attorney General ("OAG") has completed its Rule Review of Texas Administrative Code, Title 1, Part 3, Chapter 55, concerning Child Support Enforcement, pursuant to Government Code §2001.039. The OAG published its Notice of Intent to Review these rules in the February 10, 2012, issue of the Texas Register (37 TexReg 719).

The review assessed whether the reasons for adopting the rules continue to exist. No comments were received regarding this review.

As a result of the review, the OAG finds that the reasons for adopting the rules in Chapter 55 continue to exist and readopts these sections without changes in accordance with the requirements of Government Code, §2001.039. Rules considered during this review may be subsequently revised in accordance with the Texas Administrative Procedure Act.

For information regarding this publication, contact Zindia Thomas, Agency Liaison, at (512) 936-9901.

TRD-201202263

Jay Dyer

Deputy Attorney General

Office of the Attorney General

Filed: May 1, 2012

The Office of the Attorney General ("OAG") has completed its Rule Review of Texas Administrative Code, Title 1, Part 3, Chapter 59, concerning Collections, pursuant to Government Code §2001.039. The OAG published its Notice of Intent to Review these rules in the February 10, 2012, issue of the Texas Register (37 TexReg 719).

The review assessed whether the reasons for adopting the rules continue to exist. No comments were received regarding this review.

As a result of the review, the OAG finds that, the reasons for adopting the rules in Chapter 59, §59.1 and §59.2 continue to exist and these sections are readopted without changes in accordance with the requirements of Government Code §2001.039. The OAG finds that the reasons for adopting §59.3, relating to Reporting Delinquent Obligations Owed to the State, no longer exist, because of the statutory repeal of the former Government Code §2107.005. The OAG will subsequently be repealing §59.3 in accordance with the Texas Administrative Procedure Act.

For information regarding this publication, contact Zindia Thomas, Agency Liaison, at (512) 936-9901.

TRD-201202253

Jay Dyer

Deputy Attorney General

Office of the Attorney General

Filed: May 1, 2012

The Office of the Attorney General ("OAG") has completed its Rule Review of Texas Administrative Code, Title 1, Part 3, Chapter 60, concerning Texas Crime Victim Services Grant Programs, pursuant to Government Code §2001.039. The OAG published its Notice of Intent to Review these rules in the February 10, 2012, issue of the Texas Register (37 TexReg 720).

The review assessed whether the reasons for adopting the rules continue to exist. No comments were received regarding this review.

As a result of the review, the OAG finds that the reasons for adopting the rules in Chapter 60 continue to exist and readopts these sections without changes in accordance with the requirements of Government Code §2001.039. The rules considered during this review may be subsequently revised in accordance with the Texas Administrative Procedure Act.

For information regarding this publication, contact Zindia Thomas, Agency Liaison, at (512) 936-9901.

TRD-201202254

Jay Dyer

Deputy Attorney General

Office of the Attorney General

Filed: May 1, 2012

The Office of the Attorney General ("OAG") has completed its Rule Review of Texas Administrative Code, Title 1, Part 3, Chapter 61, concerning Crime Victims' Compensation, pursuant to Government Code §2001.039. The OAG published its Notice of Intent to Review these rules in the February 10, 2012, issue of the Texas Register (37 TexReg 720).

The review assessed whether the reasons for adopting the rules continue to exist. No comments were received regarding this review.

As a result of the review, the OAG finds that the reasons for adopting the rules in Chapter 61 continue to exist and readopts these sections without changes in accordance with the requirements of Government Code §2001.039. The rules considered during this review may be subsequently revised in accordance with the Texas Administrative Procedure Act.

For information regarding this publication, contact Zindia Thomas, Agency Liaison, at (512) 936-9901.

TRD-201202255

Jay Dyer

Deputy Attorney General

Office of the Attorney General

Filed: May 1, 2012

The Office of the Attorney General ("OAG") has completed its Rule Review of Texas Administrative Code, Title 1, Part 3, Chapter 62, concerning Sexual Assault Prevention and Crisis Services, pursuant to Government Code §2001.039. The OAG published its Notice of Intent to Review these rules in the February 10, 2012, issue of the Texas Register (37 TexReg 720).

The review assessed whether the reasons for adopting the rules continue to exist. No comments were received regarding this review.

As a result of the review, the OAG finds that the reasons for adopting the rules in Chapter 62 continue to exist and readopts these sections without changes in accordance with the requirements of Government Code §2001.039. The rules considered during this review may be subsequently revised in accordance with the Texas Administrative Procedure Act.

For information regarding this publication, contact Zindia Thomas, Agency Liaison, at (512) 936-9901.

TRD-201202256

Jay Dyer

Deputy Attorney General

Office of the Attorney General

Filed: May 1, 2012

The Office of the Attorney General ("OAG") has completed its Rule Review of Texas Administrative Code, Title 1, Part 3, Chapter 64, concerning Standards of Operation for Local Court-Appointed Volunteer Advocate Programs, pursuant to Government Code §2001.039. The OAG published its Notice of Intent to Review these rules in the February 10, 2012, issue of the Texas Register (37 TexReg 720).

The review assessed whether the reasons for adopting the rules continue to exist. No comments were received regarding this review.

As a result of the review, the OAG finds that the reasons for adopting the rules in Chapter 64 continue to exist and readopts these sections without changes in accordance with the requirements of Government Code §2001.039. The rules considered during this review may be subsequently revised in accordance with the Texas Administrative Procedure Act.

For information regarding this publication, contact Zindia Thomas, Agency Liaison, at (512) 936-9901.

TRD-201202257

Jay Dyer

Deputy Attorney General

Office of the Attorney General

Filed: May 1, 2012

The Office of the Attorney General ("OAG") has completed its Rule Review of Texas Administrative Code, Title 1, Part 3, Chapter 65, concerning Standards of Operation for Local Children's Advocacy Centers, pursuant to Government Code §2001.039. The OAG published its Notice of Intent to Review these rules in the February 10, 2012, issue of the Texas Register (37 TexReg 721).

The review assessed whether the reasons for adopting the rules continue to exist. No comments were received regarding this review.

As a result of the review, the OAG finds that the reasons for adopting the rules in Chapter 65 continue to exist and readopts these sections without changes in accordance with the requirements of Government Code, §2001.039. The rules considered during this review may be subsequently revised in accordance with the Texas Administrative Procedure Act.

For information regarding this publication, contact Zindia Thomas, Agency Liaison, at (512) 936-9901.

TRD-201202258

Jay Dyer

Deputy Attorney General

Office of the Attorney General

Filed: May 1, 2012

The Office of the Attorney General ("OAG") has completed its Rule Review of Texas Administrative Code, Title 1, Part 3, Chapter 66, concerning Family Trust Fund Disbursement Procedures, pursuant to Government Code §2001.039. The OAG published its Notice of Intent to Review these rules in the February 10, 2012, issue of the Texas Register (37 TexReg 721).

The review assessed whether the reasons for adopting the rules continue to exist. No comments were received regarding this review.

As a result of the review, the OAG finds that the reasons for adopting the rules in Chapter 66 no longer exist and will subsequently be repealing this chapter in accordance with the Texas Administrative Procedure Act.

For information regarding this publication, contact Zindia Thomas, Agency Liaison, at (512) 936-9901.

TRD-201202259

Jay Dyer

Deputy Attorney General

Office of the Attorney General

Filed: May 1, 2012

The Office of the Attorney General ("OAG") has completed its Rule Review of Texas Administrative Code, Title 1, Part 3, Chapter 68, concerning Negotiation and Mediation of Certain Contract Disputes, pursuant to Government Code §2001.039. The OAG published its Notice of Intent to Review these rules in the February 10, 2012, issue of the Texas Register (37 TexReg 721).

The review assessed whether the reasons for adopting the rules continue to exist. No comments were received regarding this review.

As a result of the review, the OAG finds that the reasons for adopting the rules in Chapter 68 continue to exist and readopts these sections without changes in accordance with the requirements of Government Code §2001.039. The rules considered during this review may be subsequently revised in accordance with the Texas Administrative Procedure Act.

For information regarding this publication, contact Zindia Thomas, Agency Liaison, at (512) 936-9901.

TRD-201202260

Jay Dyer

Deputy Attorney General

Office of the Attorney General

Filed: May 1, 2012

The Office of the Attorney General ("OAG") has completed its Rule Review of Texas Administrative Code, Title 1, Part 3, Chapter 69, Subchapter A, concerning Procedures for Vendor Protests of Procurements, and Subchapter B, concerning Historically Underutilized Business Program, pursuant to Government Code §2001.039. The OAG published its Notice of Intent to Review these rules in the February 10, 2012, issue of the Texas Register (37 TexReg 721).

The review assessed whether the reasons for adopting the rules continue to exist. No comments were received regarding this review.

As a result of the review, the OAG finds that the reasons for adopting the rules in Chapter 69, Subchapters A and B continue to exist, but amendments to the rules are needed. The OAG readopts these subchapters in accordance with the requirements of Government Code §2001.039 and will subsequently be revising the rules in accordance with the Texas Administrative Procedure Act.

For information regarding this publication, contact Zindia Thomas, Agency Liaison, at (512) 936-9901.

TRD-201202261

Jay Dyer

Deputy Attorney General

Office of the Attorney General

Filed: May 1, 2012

The Office of the Attorney General ("OAG") has completed its Rule Review of Texas Administrative Code, Title 1, Part 3, Chapter 69, Subchapter C, concerning Management of Vehicles, pursuant to Government Code §2001.039. The OAG published its Notice of Intent to Review these rules in the February 10, 2012, issue of the Texas Register (37 TexReg 722).

The review assessed whether the reasons for adopting the rules continue to exist. No comments were received regarding this review.

As a result of the review, the OAG finds that the reasons for adopting the rules in Chapter 69, Subchapter C continue to exist and readopts this subchapter without changes in accordance with the requirements of Government Code §2001.039. The rules considered during this review may be subsequently revised in accordance with the Texas Administrative Procedure Act.

For information regarding this publication, contact Zindia Thomas, Agency Liaison, at (512) 936-9901.

TRD-201202262

Jay Dyer

Deputy Attorney General

Office of the Attorney General

Filed: May 1, 2012

Title 31, Part 1

Following the notice of intent to review published in the April 20, 2012, issue of the Texas Register (37 TexReg 2879), the Texas General Land Office (GLO) has reviewed and considered for readoption, revision, or repeal, of the following chapters:

Chapter 1. Executive Administration

Chapter 2. Rules of Practice and Procedure

Chapter 8. Gas Marketing Program

Chapter 9. Exploration and Leasing of State Oil and Gas

Chapter 10. Exploration and Development of State Minerals Other Than Oil and Gas

Chapter 14. Relationship Between Agency and Private Organizations

Chapter 16. Coastal Protection

Chapter 19. Oil Spill Prevention and Response

Chapter 20. Natural Resources Damage Assessment

The rules reviewed are found in Title 31, Part 1 of the Texas Administrative Code.

No comments were received on the proposed rule review.

The review of Chapters 1, 2, 8 - 10, 14, 16, 19 and 20, is filed in accordance with the GLO's rule review plan published in the February 24, 2012, issue of the Texas Register (37 TexReg 1365).

The GLO considered, among other things, whether the reasons for adoption of these rules continue to exist. During its review, the GLO determined that the agency rulemaking authority remains in effect and the reasons for the adoption of these rules continues to exist. Therefore, Chapters 1, 2, 8 - 10, 14, 16, 19 and 20, are readopted without changes. This completes the GLO's rule review.

TRD-201202275

Larry Laine

Chief Clerk, Deputy Land Commissioner

General Land Office

Filed: May 2, 2012

Title 22, Part 9

The Texas Medical Board (Board) adopts the review of Chapter 192, Office-Based Anesthesia Services, §§192.1 - 192.6, pursuant to the Texas Government Code, §2001.039.

The proposed rule review was published in the March 9, 2012, issue of the Texas Register (37 TexReg 1788).

Elsewhere in this issue of the Texas Register, the Board contemporaneously adopts amendments to §192.1 and §192.2.

The Board received comments from the Texas Society of Anesthesiologists (TSA). TSA made comments based on the chapter going through rule review, as opposed to direct comments on the proposed amendments. Comments included amending definitions of anesthesia and anesthesia services; replacing references to dangerous drugs with narcotic drugs; adding definition of tumescent anesthesia; and including rules to regulate the administration of local anesthesia when given in concentrations exceeding 7mg/kg. The Board agreed with the comments from TSA and intends to further amend §192.1 based on those comments at its meetings in June and August of 2012. Regarding §192.2, comments included amendment requirements for level I - III services to better ensure patient safety. The Board agreed with the comments from TSA and intends to further amend §192.2 based on those comments at its meetings in June and August of 2012.

The agency's reason for adopting the rules contained in this chapter continues to exist.

This concludes the review of Chapter 192, Office-Based Anesthesia Services.

TRD-201202134

Mari Robinson, J.D.

Executive Director

Texas Medical Board

Filed: April 25, 2012

Title 16, Part 2

The Public Utility Commission of Texas (commission) has completed the review of Chapter 21, concerning Interconnection Agreements for Telecommunications Service Providers, pursuant to Texas Government Code §2001.039, Agency Review of Existing Rules, as noticed in the December 30, 2011, issue of the Texas Register (36 TexReg 9355). The text of the rules may be found in the Texas Administrative Code under Title 16, Part 2, or through the commission's website at www.puc.state.tx.us. Project Number 39950, Agency Review of Chapter 21 - Interconnection Agreements for Telecommunications Service Providers Pursuant to Texas Government Code §2001.039, is assigned to this rule review project.

Texas Government Code §2001.039 requires that each state agency review and readopt, readopt with amendments, or repeal the rules adopted by that agency pursuant to Texas Government Code, Chapter 2001, Subchapter B, Rulemaking. As required by §2001.039(e), this review includes an assessment of whether the reasons for adopting the rules continue to exist. The commission requested specific comments from interested persons on whether the reasons for adopting each section in Chapter 21 continue to exist. The commission's Chapter 21 rules (Texas Administrative Code, Title 16, Part 2) establish procedures for approving interconnection agreements (ICAs) and resolving open issues pursuant to the Federal Telecommunications Act of 1996 (FTA) §252.

The commission finds that the reasons for adopting Chapter 21, Interconnection Agreements for Telecommunications Service Providers, continue to exist and readopts these rules without amendments. Interconnection agreements continue to be important in governing the relationship between telecommunications providers, and the commission continues to have a role in adjudicating disputes relating to such agreements.

The commission received comments from Southwestern Bell Telephone Company d/b/a AT&T Texas (AT&T), and GTE Southwest Incorporated d/b/a Verizon Southwest (Verizon). Additionally, Texas Statewide Telephone Cooperative, Inc. (TSTCI) filed reply comments to the comments of AT&T and Verizon. While there were some suggestions for modifications to particular Chapter 21 rules, no party questioned the continued need for the rules. The parties' comments are summarized in order by rule section number and the commission response addressing these comments is set forth at the end of the summaries.

Subchapter A. General Provisions and Definitions

§21.5. Representative Appearances.

Section 21.5 permits any person to appear before the commission or in a hearing in person or through an authorized representative. The presiding officer may require a representative to provide proof of authority to appear on behalf of another person. Section 21.5 requires an authorized representative to specify the particular persons or classes of persons whom the representative is representing in the proceeding.

AT&T suggested that because FTA proceedings involved complex legal as well as technical issues, which require a participant to be able to interpret rules and decisions rendered by the Federal Communications Commission (FCC) and the commission as well as court interpretation of such rules and decisions, an authorized representative should be limited to an officer or senior management level employee of the represented party; an attorney licensed to practice in the State of Texas; or an attorney licensed to practice in one of the fifty states, if the party is also represented by co-counsel admitted to practice in Texas. AT&T also requested that the second sentence in §21.5(a) be revised to begin with the phrase, "On request of the presiding officer or any party to the proceeding" so that the amended sentence would read "On request of the presiding officer or any party to the proceeding, the presiding officer may require a representative to submit proof of authority to appear on behalf of another person." Additionally, AT&T requested that the commission amend Chapter 21 to bring the commission's rules in line with the rules of the State Bar of Texas regarding the prohibition of the unauthorized practice of law. AT&T contended that the Texas Government Code definition of the practice of law is not exclusive and the practice of law embraces, in general, all advice to clients and all action taken for them in matters connected with the law.

TSTCI responded that it does not agree with AT&T's proposed revisions to §21.5 to restrict who may serve as an authorized representative. TSTCI stated that small incumbent local exchange companies (ILECS) typically rely a great deal on their consultants, certified public accountants, and engineers to represent them in commission proceedings, including interconnection proceedings. TSTCI contended that AT&T's proposal would cause a hardship to TSTCI member companies and other small ILECs in the state by severely restricting the options available to small ILECs and driving up their costs of participation in commission proceedings. TSTCI stated that AT&T proposed a similar rule revision in commission Project Number 34575 when the Chapter 21 rules were reviewed in 2007. In that project, the commission did not adopt AT&T's suggestions to restrict a company's options for representation before the commission in Chapter 21 proceedings. TSTCI also stated there was an attempt in the 79th legislative session to enact a similar provision restricting representation before the commission to licensed attorneys in House Bill 1779, the sunset bill, but that version did not pass. Instead, the 79th Legislature enacted Senate Bill 409, a different sunset bill that did not contain any language restricting representation at the commission. TSTCI contends that circumstances have not changed since that time.

§21.7(a), Standards of conduct for parties.

Section 21.7(a) delineates the standards for conduct for parties appearing in any Chapter 21 proceeding and provides for sanctions if the standards are violated.

AT&T commented that §21.7(a) should apply the standards imposed upon attorneys under the Texas Disciplinary Rules of Professional Conduct to all representatives making an appearance in any proceeding to ensure fairness in adjudicatory proceedings, by ensuring that consistent standards apply to all representatives appearing before the commission.

Subchapter B. Pleadings, Documents, and Other Materials

§21.31(c), Number of items to be filed.

Section 21.31(c) lists the number of copies that are required to be filed for various types of pleadings and documents, unless otherwise provided by Chapter 21 or by order of the presiding officer.

AT&T proposed that the commission's rules provide an option for parties to file only an electronic copy of pleadings in accordance with commission-standard formatting, instead of paper copies, in order to promote efficiency and avoid administrative burdens on parties and the commission. AT&T argued that the administrative costs and burdens to finalize and copy voluminous documents are significant. Moreover, AT&T stated, parties have moved towards agreements for electronic service of filings. Filing and serving a single copy in an electronic format would better ensure consistency in the copy filed and served on parties. Should the commission continue to require hard copies, AT&T alternatively recommended a reduction to three copies for the number of hard copies for applications required under §§21.97, 21.101, and 21.103. AT&T also urged the commission to reduce the number of copies required under §21.31(c)(2), (3), (4), and (7) from ten to four copies. For hearings presided over by commissioners, AT&T recommended a reduction from 19 to ten copies for testimony and briefs. For final approved interconnection agreements, AT&T did not propose a change from the current requirement in §21.31(c)(6) to file two copies.

§21.31(g), Filing a copy or facsimile copy in lieu of an original.

Section 21.31(g) permits a copy of an original document or pleading, including a facsimile copy, to be filed in lieu of the original so long as the party or the attorney filing such copy maintains the original for inspection by the commission or any party to the proceeding.

AT&T recommended that §21.31 be amended to permit a party to file a copy of an original document or pleading electronically, in accordance with commission-standard formatting, such as a portable document file (pdf), so long as the filing party or attorney maintains the original for inspection by the commission or any party to the proceeding.

§21.33(e), Signature.

Section 21.33(e) requires that every pleading and document shall be signed by the party or the party's authorized representative, and shall include the party's address, telephone number, facsimile number, email address, and if the signing person is an attorney licensed in Texas, the attorney's State bar number.

AT&T stated that most states now accept electronic signatures and even have enacted uniform electronic transactions act laws, including Texas.

Section 21.35(b), Methods of service.

Section 21.35(b) describes the methods of service on a party for pleadings and documents. Service may be made by delivery in person; by agent; by courier receipted delivery; by first class mail; by certified mail, return receipt requested; by registered mail; or by facsimile transmission.

AT&T requested that the commission amend §21.35(b) to include service by electronic mail. AT&T stated that parties currently often agree to allow service through electronic means. AT&T stated that while §21.35(b)(4) makes explicit reference to service via electronic mail, this option is not explicitly included in §21.35(b).

Subchapter C. Preliminary Issues, Orders, and Proceedings

§21.75. Motions for Clarification and Motions for Reconsideration.

Section 21.75(a)(1) requires that a motion for clarification be filed within ten working days of the issuance of the presiding officer's decision or order. Responses to a motion for clarification shall be filed within five working days of the filing of the motion. Section 21.75(b)(2) requires that a motion for reconsideration be filed within 20 days of the issuance of the order under consideration. Responses to a motion for reconsideration must be filed within ten working days of the filing of the motion.

AT&T requested that the commission clarify in §21.75(a)(2) that the date of issuance of the order is the date on which the presiding officer signed the order. AT&T stated that there have been numerous occasions where an order was signed one day and filed on another, which can lead to confusion as to the due date for an appeal.

Subchapter D. Dispute Resolution

§21.101. Approval of Amendments to Existing Interconnection Agreements.

Section 21.101(i) sets forth the filing requirements for an approved amended interconnection agreement.

AT&T requested that the commission eliminate the requirement in §21.101(i) that: "If the presiding officer approves the amendments to the agreement, the parties to the agreement shall file two copies, one unbound, of the complete amended interconnection agreement with the commission's filing clerk within ten working days of the presiding officer's decision. The copies shall be clearly marked with the control number assigned to the proceeding and the language 'Amended interconnection agreement as approved (or modified and approved) on (insert date).'"

AT&T commented that of the 22 states where it currently operates, only Texas mandates the filing of an amended fully conformed agreement, imposing great administrative and cost burdens for copying and filing often voluminous conformed agreements. AT&T stated that it maintains a listing of all ICAs and amendments on its website, along with a link to the commission's website, to facilitate public ease of locating the agreements. AT&T stated that it is not requesting that the other requirements of §21.101(i) be removed, because these requirements provide important public notice of amendment to the ICAs.

Verizon also requested that the commission amend §21.101(i) to remove the requirement that parties file two hard copies of a complete amended ICA every time an amendment is approved. Verizon stated this requirement is time-consuming, wastes resources, and is unnecessarily burdensome given the frequency of filings. Verizon proposed that subsection (a) of the rule should be amended to add new paragraph (5) that would require an applicant seeking approval of an ICA amendment to include in the application the docket number in which the original ICA was approved, each docket number in which other amendments to the ICA were approved, and the dates of approval. Alternatively, Verizon recommended that the commission permit parties to send a complete copy of the approved, amended ICA via electronic mail. Verizon asserted that either of its proposals would avoid the need for carriers to file, and for commission staff to process and review, hundreds of pages of amendments each time an application to amend an ICA is approved.

§21.103. Approval of Agreements Adopting Terms and Conditions Pursuant to Federal Telecommunications Act of 1996 (FTA) §252(i).

Section 21.103(a) requires a local exchange carrier (LEC) to make available any interconnection, service, or network element provided under a previously approved ICA to which it is a party to any other requesting telecommunications carrier upon the same terms and conditions as those provided in the ICA. The filing and processing are also delineated in §21.103(a) and (b).

AT&T suggested several modifications to these subsections. AT&T contended that §21.103 needs to be amended to bring it into conformity with current federal law, which permits carriers to opt into entire ICAs only. In addition, AT&T stated that the FCC rules require that approved ICAs should be made available for opt-in for a reasonable period of time and, therefore §21.103(a) should be amended to contain a reasonable time limitation. Furthermore, AT&T argued that, in conformity with current law and industry practice, the commission should clarify that a carrier may not replace a valid existing ICA with another ICA under Federal Telecommunications Act §252(i).

AT&T also requested that the commission adopt a most favored nation (MFN) short form for MFNs into non-successor ICAs. AT&T stated that the MFN Short Form into successor ICAs worked extremely well and streamlined the process in prior Docket Number 28821. AT&T asserted that Texas is the only state in AT&T's 22 state operating area without an MFN Short Form, and implementation of such a form will eliminate administrative and cost burdens associated with conforming the MFN with approved amendments. Under AT&T's proposal, the MFN Short Form would be executed by both parties and placed on top of the underlying ICA and approved ICAs. All documents would be filed with commission, including a joint petition, AT&T's affidavit, and a carrier's affidavit. The joint petition would identify the approved amendments. AT&T attached a draft of its proposed MFN Short Form for MFNs into non-successor agreements to its comments.

Subchapter E. Post-Interconnection Agreement Dispute Resolution

§21.129. Request for Interim Ruling Pending Dispute Resolution.

Section 21.129 establishes the procedural requirements applicable to a request by a party for interim ruling pending dispute resolution when the dispute compromises the ability of a party to provide uninterrupted service or precludes the provisioning of any service, functionality, or network element.

AT&T commented that §21.129 should be amended to state that a party may not use the interim ruling process to circumvent or avoid pay-and-dispute or escrow provisions contained in the ICA. AT&T also requested another amendment to §21.129 to state that prior to seeking interim relief per §21.129 for billing disputes, a party must first raise any such dispute according to the terms of the ICA.

Commission Response

The commission appreciates the thoughtful comments on this chapter. Some of the amendments suggested in the comments might improve these procedural rules, but would require further consideration, including additional notice and public input, before adoption. In addition, some of the suggestions affect rules for which there are similar rules in the commission's Chapter 22, Procedural Rules. In order to maintain uniformity of practice before the commission, it may be appropriate to amend both sets of rules at the same time. The commission will consider initiating a separate proceeding (or proceedings) to amend this chapter and similar provisions of its other procedural rules, based on the benefits that could be derived from the amendments and other relevant factors.

The commission has completed the review of Chapter 21 pursuant to Texas Government Code §2001.039 and has determined that the reasons for initially adopting the rules in Chapter 21 continue to exist. Therefore, the commission readopts Chapter 21, Interconnection Agreements for Telecommunications Service Providers, pursuant to the Public Utility Regulatory Act (PURA), Texas Utilities Code Annotated §14.002 (West 2007 & Supp. 2011), which requires the commission to adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction; PURA §14.052, which requires the commission to adopt and enforce rules governing practice and procedure before the commission; and Texas Government Code §2001.039 (West 2008), which requires each state agency to review and readopt its rules every four years.

Cross Reference to Statutes: Texas Utilities Code Annotated, Title II, Public Utility Regulatory Act §14.002 and §14.052; and Texas Government Code §2001.039.

CHAPTER 21. INTERCONNECTION AGREEMENTS FOR TELECOMMUNICATIONS SERVICE PROVIDERS

SUBCHAPTER A. GENERAL PROVISIONS AND DEFINITIONS

§21.1. Purpose and Scope.

§21.3. Definitions.

§21.5. Representative Appearances.

§21.7. Standards of Conduct.

§21.9. Computation of Time.

§21.11. Suspension of Rules and Good Cause Exceptions.

SUBCHAPTER B. PLEADINGS, DOCUMENTS, AND OTHER MATERIALS

§21.31. Filing of Pleadings, Documents, and Other Materials.

§21.33. Formal Requisites of Pleadings and Documents to be Filed with the Commission.

§21.35. Service of Pleadings and Documents.

§21.37. Examination and Correction of Pleadings and Documents.

§21.39. Amended Pleadings.

§21.41. Motions.

SUBCHAPTER C. PRELIMINARY ISSUES, ORDERS, AND PROCEEDINGS

§21.61. Threshold Issues and Certification of Issues to the Commission.

§21.63. Interim Issues and Orders.

§21.65. Interlocutory Appeals.

§21.67. Dismissal of a Proceeding.

§21.69. Summary Decision.

§21.71. Sanctions.

§21.73. Consolidation of Dockets, Consolidation of Issues, and Joint Filings.

§21.75. Motions for Clarification and Motions for Reconsideration.

§21.77. Confidential Material.

SUBCHAPTER D. DISPUTE RESOLUTION.

§21.91. Mediation.

§21.93. Voluntary Alternative Dispute Resolution.

§21.95. Compulsory Arbitration.

§21.97. Approval of Negotiated Agreements.

§21.99. Approval of Arbitrated Agreements.

§21.101. Approval of Amendments to Existing Interconnection Agreements.

§21.103. Approval of Agreements Adopting Terms and Conditions Pursuant to Federal Telecommunications Act of 1996 (FTA) §252(i).

SUBCHAPTER E. POST-INTERCONNECTION AGREEMENT DISPUTE RESOLUTION

§21.121. Purpose.

§21.123. Informal Settlement Conference.

§21.125. Formal Dispute Resolution Proceeding.

§21.127. Request for Expedited Ruling.

§21.129. Request for Interim Ruling Pending Dispute Resolution.

TRD-201202264

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 1, 2012

The Public Utility Commission of Texas (commission) readopts Texas Administrative Code, Chapter 27, concerning Rules for Administrative Services, pursuant to the Texas Government Code, Administrative Procedure Act (APA), §2001.039, Agency Review of Existing Rules. The notice of intention to review Chapter 27 was published in the December 30, 2011, issue of the Texas Register (36 TexReg 9356). Project Number 39951, Agency Review of Chapter 27 - Rules for Administrative Services, Pursuant to Texas Government Code §2001.039 is assigned to this review proceeding. This concludes the review of Chapter 27 pursuant to APA §2001.039.

APA §2001.039 requires that each state agency review its rules every four years and readopt, readopt with amendments, or repeal the rules adopted by that agency pursuant to the Texas Government Code, Chapter 2001. Such reviews shall include, at a minimum, an assessment by the agency as to whether the reason for adopting or readopting the rules continues to exist. The commission requested specific comments on whether the reason for adopting the administrative services rules in Chapter 27 continues to exist. The commission received no comments on the review of Chapter 27.

The commission has completed the review of the rules in Chapter 27 pursuant to APA §2001.039 and finds that the reason for adopting the rules in Chapter 27 continues to exist. The adoption of Chapter 27 complies with Texas Government Code §2260.052, which requires the commission to develop rules to govern the negotiation and mediation of certain contract claims against the state; and Texas Government Code §2155.076, which requires the commission to develop and adopt protest procedures for vendors' protests concerning commission purchases that are consistent with the Texas Facilities Commission's rules on the same subject.

The commission readopts Chapter 27, Rules for Administrative Services, pursuant to the Public Utility Regulatory Act (PURA), Texas Utilities Code Annotated §14.002 and §14.052 (West 2007 and Supp. 2011) which provides the commission with the authority to make and enforce rules reasonably required in the exercise of its powers and jurisdiction, including rules of practice and procedure; and pursuant to Texas Government Code §2001.039 (West 2008) which requires each state agency to review and readopt its rules every four years.

Cross Reference to Statutes: Texas Government Code §2001.039, Chapter 2155, Subchapter B, Chapter 2161 and Chapter 2260; PURA §14.002 and §14.052.

CHAPTER 27. RULES FOR ADMINISTRATIVE SERVICES

SUBCHAPTER B. HISTORICALLY UNDERUTILIZED BUSINESSES

§27.31. Historically Underutilized Business Program.

SUBCHAPTER C. NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES

DIVISION 1. GENERAL

§27.61. Purpose.

§27.63. Applicability.

§27.65. Definitions.

§27.67. Prerequisites to Suit.

§27.69. Sovereign Immunity.

DIVISION 2. NEGOTIATION OF CONTRACT DISPUTES

§27.81. Notice of Claim of Breach of Contract.

§27.83. Agency Counterclaim.

§27.85. Request for Voluntary Disclosure of Additional Information.

§27.87. Duty to Negotiate.

§27.89. Timetable.

§27.91. Conduct of Negotiation.

§27.93. Settlement Approval Procedures.

§27.95. Settlement Agreement.

§27.97. Costs of Negotiation.

§27.99. Request for Contested Case Hearing.

DIVISION 3. MEDIATION OF CONTRACT DISPUTES

§27.111. Mediation Timetable.

§27.113. Conduct of Mediation.

§27.115. Agreement to Mediate.

§27.117. Qualifications and Immunity of the Mediator.

§27.119. Confidentiality of Mediation and Final Settlement Agreement.

§27.121. Costs of Mediation.

§27.123. Settlement Approval Procedures.

§27.125. Initial Settlement Agreement.

§27.127. Final Settlement Agreement.

§27.129. Referral to the State Office of Administrative Hearings (SOAH).

DIVISION 4. ASSISTED NEGOTIATION PROCESSES

§27.141. Assisted Negotiation Processes.

§27.143. Factors Supporting the Use of Assisted Negotiation Processes.

§27.145. Use of Assisted Negotiation Processes.

SUBCHAPTER D. VENDOR PROTEST

§27.161. Procedures for Resolving Vendor Protests.

TRD-201202266

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: May 1, 2012

Title 43, Part 1

The Texas Department of Transportation (department) files notice of the completion of review and the re-adoption of Texas Administrative Code, Title 43, Part 1, Chapter 5, Finance; Chapter 15, Financing and Construction of Transportation Projects; and Chapter 27, Toll Projects.

This review and re-adoption have been conducted in accordance with Government Code, §2001.039. The department has reviewed these rules and received no comments on the proposed rule review, which was published in the February 10, 2012, issue of the Texas Register (37 TexReg 723). The Texas Transportation Commission has determined that the reasons for adopting the specified rules continue to exist.

This concludes the review of Chapters 5, 15, and 27.

TRD-201202169

Bob Jackson

General Counsel

Texas Department of Transportation

Filed: April 27, 2012