REVIEW OF AGENCY RULES

Proposed Rule Reviews

Texas Department of Agriculture

Title 4, Part 1

The Texas Department of Agriculture (Department) files this notice of intent to review Texas Administrative Code, Title 4, Part 1, Chapter 23, Texas Commodity Law.

This review is being conducted in accordance with the requirements of Texas Government Code §2001.039, which requires state agencies to review and consider for readoption each of their rules every four years.

The Department will consider whether the initial factual, legal, and policy reasons for adopting each rule in this chapter continue to exist and whether these rules should be repealed, readopted, or readopted with amendments.

Written comments pertaining to this rule review may be submitted by mail to Patrick Dudley, Coordinator for Agriculture Commodity Boards and Producer Relations, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, or by email to Patrick.Dudley@TexasAgriculture.gov. The deadline for comments is 30 days after publication of this notice in the Texas Register.

TRD-202201022

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Filed: March 23, 2022


Office of Consumer Credit Commissioner

Title 7, Part 5

The Finance Commission of Texas (commission) files this notice of intention to review and consider for readoption, revision, or repeal, Texas Administrative Code, Title 7, Part 5, Chapter 85, Subchapter A, concerning Rules of Operation for Pawnshops.

This rule review will be conducted pursuant to Texas Government Code, §2001.039. The commission will accept written comments received on or before the 30th day after the date this notice is published in the Texas Register as to whether the reasons for adopting these rules continue to exist.

The Office of Consumer Credit Commissioner, which administers these rules, believes that the reasons for adopting the rules contained in this subchapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Matthew Nance, Deputy General Counsel, Office of Consumer Credit Commissioner, 2601 North Lamar Boulevard, Austin, Texas 78705, or by email to rule.comments@occc.texas.gov. Any proposed changes to the rules 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 public comment period prior to final adoption or repeal by the commission.

TRD-202200992

Matthew Nance

Deputy General Counsel

Office of Consumer Credit Commissioner

Filed: March 22, 2022


Texas Alcoholic Beverage Commission

Title 16, Part 3

The Texas Alcoholic Beverage Commission (TABC, agency, or commission) files this notice of its intent to review Chapter 37, concerning Legal, in accordance with Texas Government Code §2001.039. The Commission will assess whether the reasons for adopting or readopting the rules within chapter continue to exist and whether any rule should be moved into different place within the agency's rules. 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 Commission.

Comments on the review may be submitted in writing to Shana Horton, Rules Attorney, Texas Alcoholic Beverage Commission, at P.O. Box 13127, Austin, Texas 78711-3127, or by email to rules@tabc.texas.gov. The Commission must receive written comments postmarked no later than 30 days from the date this notice is published in the Texas Register.

TRD-202201000

Shana Horton

Rules Attorney

Texas Alcoholic Beverage Commission

Filed: March 22, 2022


Texas Department of Public Safety

Title 37, Part 1

Pursuant to Government Code, §2001.039, the Texas Department of Public Safety (the department) files this notice of intent to review and consider for readoption, amendment, or repeal the following chapters in Title 37 of the Texas Administrative Code: Chapter 1 (Organization and Administration); Chapter 5 (Criminal Law Enforcement); Chapter 10 (Ignition Interlock Device); Chapter 12 (Compassionate-Use/Low-THC Cannabis Program); Chapter 17 (Administrative License Revocation); Chapter 19 (Breath Alcohol Testing Regulations); Chapter 21 (Equipment and Vehicle Standards); Chapter 27 (Crime Records); Chapter 29 (Practice and Procedure); and Chapter 36 (Metals Recycling Entities).

The department will determine 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 changes to these rules as a result of the rule review will be published in the Proposed Rules section of the Texas Register.

Comments relating to this rule review will be accepted for a 30-day period following publication of this notice in the Texas Register. Comments should be directed to: Susan Estringel, Office of General Counsel, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0140.

To ensure consideration, comments must clearly specify the particular section of the rule to which they apply. General comments should be labeled as such. Comments should include proposed alternative language as appropriate.

TRD-202200967

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Filed: March 18, 2022


Adopted Rule Reviews

Department of Information Resources

Title 1, Part 10

The Texas Department of Information Resources (department) has completed its review of 1 Texas Administrative Code (TAC) Chapter 202, concerning Information Security Standards, pursuant to Texas Government Code § 2001.039, which requires agency rules to be reviewed at least every four years. The department determined the reasons for initially adopting 1 TAC Chapter 202 continue to exist.

Notice of the rule review was published in the May 17, 2019, issue of the Texas Register (44 TexReg 2473). No comments were received as a result of that notice.

As a result of the rule review, the department published proposed amendments to 1 TAC Chapter 202 in the September 10, 2021, issue of the Texas Register (46 TexReg 5664). The DIR Board adopted all but two of the amended rules at the open meeting of the DIR Board of Directors on October 28, 2021, and the remaining two amended rules at the department Board meeting on January 20, 2022. The adoption notices were published in the November 12, 2021, issue of the Texas Register (46 TexReg 777) and the February 04, 2022, issue of the Texas Register (47 TexReg 489).

The department's review of 1 TAC Chapter 202 is concluded.

TRD-202200980

Mark Howard

Interim General Counsel

Department of Information Resources

Filed: March 22, 2022


The Texas Department of Information Resources (department) has completed its review of 1 Texas Administrative Code (TAC) Chapter 212, concerning Purchases of Commodity Items, pursuant to Texas Government Code § 2001.039, which requires agency rules to be reviewed at least every four years. The department determined the reasons for initially adopting 1 TAC Chapter 212 continue to exist.

Notice of the rule review was published in the November 22, 2019, issue of the Texas Register (44 TexReg 7189). No comments were received as a result of that notice.

As a result of the rule review, the department published proposed amendments to 1 TAC Chapter 202 in the November 19, 2021, issue of the Texas Register (46 TexReg 7849). The DIR Board adopted the amended rules at the open meeting of the DIR Board of Directors on January 20, 2022. The adoption notices were published in the February 04, 2022, issue of the Texas Register (47 TexReg 489).

The department's review of 1 TAC Chapter 212 is concluded.

TRD-202200983

Mark Howard

Interim General Counsel

Department of Information Resources

Filed: March 22, 2022


Texas Department of Public Safety

Title 37, Part 1

Pursuant to the notice of proposed rule review published in the October 8, 2021, issue of the Texas Register (46 TexReg 6953), the Texas Department of Public Safety (the department) has reviewed and considered for readoption, revision or repeal all sections of the following chapters of Title 37, Part 1 of the Texas Administrative Code, in accordance with Texas Government Code, §2001.039: Chapter 2 (Capitol Access Pass); Chapter 3 (Texas Highway Patrol); Chapter 8 (Capitol Complex); Chapter 9 (Public Safety Communications); Chapter 14 (School Bus Safety Standards); Chapter 15 (Driver License Rules); Chapter 16 (Commercial Driver License); Chapter 23 (Vehicle Inspection); Chapter 25 (Safety Responsibility Regulations); Chapter 35 (Private Security); and Chapter 37 (Sex Offender Registration).

The department received no written comments regarding the review of its rules.

The department has completed its review and determined that the reasons for originally adopting these rules continue to exist. As a result of the rule review process, the department may propose revisions to its rules when appropriate and necessary. Any future proposed changes to the rules will be published in the Proposed Rules section of the Texas Register and will be open for public comment prior to final adoption by the department in accordance with the requirements of the Administrative Procedure Act, Texas Government code, Chapter 2001.

This concludes the department's review of 37 TAC Part I, Chapters 2, 3, 8, 9, 14, 15, 16, 23, 25, 35, and 37.

TRD-202200966

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Filed: March 18, 2022