Texas Commission on Jail Standards
Title 37, Part 9
In accordance with Texas Government Code §2001.039, the Texas Commission on Jail Standards proposes the review of Chapter 251, concerning General; Chapter 255, concerning Rulemaking Procedures, and Chapter 269, Subchapter D, concerning Juvenile Justice Reports. The Commission will determine whether these rules need repeal or amendment. Comments on the review may be submitted to any of the following: TCJS Rule Review, attention: William Turner, P.O. Box 12985, Austin, Texas 78711-12985; Fax (512) 463-3185; e-mail: will.turner@tcjs.state.tx.us. The Commission must receive comments postmarked no later than 30 days from the date this notice is published in the Texas Register.
TRD-202204880
Brandon Wood
Executive Director
Texas Commission on Jail Standards
Filed: December 8, 2022
Title 37, Part 13
The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 401, concerning Administrative Practice and Procedure. Chapter 401 consists of §401.1, Purpose and Scope, §401.3, Definitions, §401.5, Delegation and Authority, §401.7 Construction, §401.9, Records of Official Action, §401.11, Conduct of Commission and Advisory Meetings, §401.13, Computation of Time, §401.15, Agreements to be in Writing, §401.17, Requirements, §401.19, Petition for Adoption of Rules, §401.21, Examination Challenge, §401.23, Examination Waiver Request, §401.31, Disciplinary Proceedings in Contested Cases, §401.41, Preliminary Staff Conference, §401.51, Opportunity for Hearing, §401.53, Contested Case Hearing, §401.57, Filing of Exceptions and Replies to Proposal for Decision, §401.59, Orders, §401.61, Record, §401.63, Final Decision and Orders, §401.67, Motions for Rehearing, §401.105, Administrative Penalties, §401.111, Application for Reinstatement of License or Certificate, §401.113, Evaluation for Reinstatement, §401.115, Procedure upon Request for Reinstatement, §401.117, Commission Action Possible upon Request, §401.119, Failure to Appear for Reinstatement, § 401.121, Purpose of Establishing Time Periods, §401.123, Notice of Deficiency, §401.125, Processing Periods, §401.127, Appeal, §401.129, Charges for Public Records, §401.131, Historically Underutilized Business.
This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.
The Texas Commission on Fire Protection, which administers these rules, believes the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Mike Wisko, Agency Chief, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas, 78768-2286 or by email to Amanda.khan@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Texas Register in compliance with Texas Government Code, Chapter 2001, and will be open for the required public comment period prior to final adoption or repeal by the commission.
TRD-202204894
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Filed: December 9, 2022
The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 421, concerning Standards for Certification. Chapter 421 consists of §421.1, Procedures for Meetings, §421.3, Minimum Standards Set By the Commission, §421.5, Definitions, §421.9, Designation of Fire Protection Duties, §421.11, Requirement to be Certified Within One Year, §421.13, Individual Certificate Holders, §421.15, Extension of Training Period, §421.17, Requirement to Maintain Certification.
This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.
The Texas Commission on Fire Protection, which administers these rules, believes the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Mike Wisko, Agency Chief, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas, 78768-2286 or by email to amanda.khan@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Texas Register in compliance with Texas Government Code, Chapter 2001, and will be open for the required public comment period prior to final adoption or repeal by the commission.
TRD-202204895
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Filed: December 9, 2022
The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 425, concerning Fire Service Instructors. Chapter 425 consists of §425.1, Minimum Standards for Fire Service Instructor Certification, §425.3, Minimum Standards for Fire Service Instructor I Certification, §425.5, Minimum Standards for Fire Service Instructor II Certification, §425.7, Minimum Standards for Fire Service Instructor III Certification, §425.9, Minimum Standards for Master Fire Service Instructor III Certification, §425.11, International Fire Service Accreditation Congress (IFSAC) Seal.
This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.
The Texas Commission on Fire Protection, which administers these rules, believes the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Mike Wisko, Agency Chief, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas, 78768-2286 or by email to amanda.khan@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Texas Register in compliance with Texas Government Code, Chapter 2001, and will be open for the required public comment period prior to final adoption or repeal by the commission.
TRD-202204897
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Filed: December 9, 2022
The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 431, concerning Fire Investigator. Chapter 431 consists of §431.1, Minimum Standards for Arson Investigation Personnel, §431.3, Minimum Standards for Basic Arson Investigator Certification, §431.5, Minimum Standards for Intermediate Arson Investigator Certification, §431.7, Minimum Standards for Advanced Arson Investigation, §431.9, Minimum Standards for Master Arson Investigator Certification, §431.11, Minimum Standards for Arson Investigator Certification for Law Enforcement Personnel, §431.13, International Fire Service Accreditation Congress (IFSAC) Seal.
This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.
The Texas Commission on Fire Protection, which administers these rules, believes the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Mike Wisko, Agency Chief, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas, 78768-2286 or by email to amanda.khan@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Texas Register in compliance with Texas Government Code, Chapter 2001, and will be open for the required public comment period prior to final adoption or repeal by the commission.
TRD-202204900
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Filed: December 9, 2022
The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 433, concerning Driver/Operator. Chapter 433 consists of §433.1, Driver/Operator-Pumper Certification, §433.3, Minimum Standards for Driver/Operator-Pumper Certification, §435.5, Examination Requirements, §433.7, International Fire Service Accreditation Congress (IFSAC) Seal, §433.201, Driver/Operator-Aerial Apparatus Certification, §433.203, Minimum Standards for Driver/Operator-Aerial Apparatus Certification, §433.205, Examination Requirements, §433.207, International Fire Service Accreditation Congress (IFSAC) Seal.
This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.
The Texas Commission on Fire Protection, which administers these rules, believes the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Mike Wisko, Agency Chief, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas, 78768-2286 or by email to amanda.khan@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Texas Register in compliance with Texas Government Code, Chapter 2001, and will be open for the required public comment period prior to final adoption or repeal by the commission.
TRD-202204901
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Filed: December 9, 2022
The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 437, concerning Fees. Chapter 437 consists of §437.1, Purpose and Scope, §437.3, Certification Application Processing Fees, §437.5, Renewal Fees, §437.7, Standards Manual and Certification Curriculum Manual Fees, §437.11, Copying Fees, §437.13, Processing Fees for Test Application, §437.15 International Fire Service Accreditation Congress (IFSAC) Seal Fees, §437.17, Records Review Fees, §437.19, Early Review Fees.
This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.
The Texas Commission on Fire Protection, which administers these rules, believes the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Mike Wisko, Agency Chief, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas, 78768-2286 or by email to amanda.khan@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Texas Register in compliance with Texas Government Code, Chapter 2001, and will be open for the required public comment period prior to final adoption or repeal by the commission.
TRD-202204904
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Filed: December 9, 2022
The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 441, concerning Continuing Education. Chapter 441 consists of §441.1, Objective, §441.3, Definitions, §441.5, Requirements, §441.7, Continuing Education for Structure Fire Protection Personnel, §441.9, Continuing Education for Aircraft Rescue Fire Fighting Personnel, §441.13, Continuing Education for Fire Inspection Personnel, §437.15, Continuing Education for Arson Investigator or Fire Investigator, §441.17, Continuing Education for Hazardous Materials Technician, §441.19, Continuing Education for Head of a Fire Department, §441.21, Continuing Education for Fire Service Instructor, §441.23, Continuing Education for Wildland Fire Fighter.
This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.
The Texas Commission on Fire Protection, which administers these rules, believes the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Mike Wisko, Agency Chief, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas, 78768-2286 or by email to amanda.khan@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Texas Register in compliance with Texas Government Code, Chapter 2001, and will be open for the required public comment period prior to final adoption or repeal by the commission.
TRD-202204911
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Filed: December 9, 2022
The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 443, concerning Certification Curriculum Manual. Chapter 443 consists of §443.1, Approval by the Fire Fighter Advisory Committee, §443.3, Approval by the Texas Commission on Fire Protection, §445.5, Effective Date of New or Revised Curricula and Training Programs Required by Law or Rule, §443.7, Effective Date of New or Revised Curricula and Training Programs Which are Voluntary, §443.9, National Fire Protection Association Standard.
This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.
The Texas Commission on Fire Protection, which administers these rules, believes the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Mike Wisko, Agency Chief, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas, 78768-2286 or by email to amanda.khan@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Texas Register in compliance with Texas Government Code, Chapter 2001, and will be open for the required public comment period prior to final adoption or repeal by the commission.
TRD-202204912
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Filed: December 9, 2022
The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 447, concerning Part-Time Fire Protection Employee. Chapter 447 consists of §447.1, Minimum Standards for Part-Time Fire Protection Employees, §447.3, Minimum Standards for Higher Levels of Part-Time Certification, §447.5, Permissible Hours of Work for Part-Time Fire Protection Employees.
This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.
The Texas Commission on Fire Protection, which administers these rules, believes the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Mike Wisko, Agency Chief, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas, 78768-2286 or by email to amanda.khan@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Texas Register in compliance with Texas Government Code, Chapter 2001, and will be open for the required public comment period prior to final adoption or repeal by the commission.
TRD-202204913
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Filed: December 9, 2022
The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 449, concerning Head of a Fire Department. Chapter 449 consists of §449.1, Minimum Standards for the Head of a Suppression Fire Department, §449.201, Minimum Standards for the Head of a Prevention Only Fire Department.
This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.
The Texas Commission on Fire Protection, which administers these rules, believes the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Mike Wisko, Agency Chief, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or by email to amanda.khan@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Texas Register in compliance with Texas Government Code, Chapter 2001, and will be open for the required public comment period prior to final adoption or repeal by the commission.
TRD-202204971
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Filed: December 12, 2022
The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 451, concerning Fire Officer. Chapter 451 consists of §451.1, Fire Office I Certification, §451.3, Minimum Standards for Fire Officer I Certification, §451.5, Examination Requirements, §451.7, International Fire Service Accreditation Congress (IFSAC) Seal, §451.201, Fire Officer II Certification, §451.203, Minimum Standards for Fire Officer II Certification, §451.205, Examination Requirements, §451.207, International Fire Service Accreditation Congress (IFSAC) Seal, §451.301, Fire Officer III Certification, §451.303, Minimum Standards for Fire Officer III Certification, §451.305, Examination Requirements, §51.307, International Fire Service Accreditation Congress (IFSAC) Seal, §451.401, Fire Officer IV Certification, §451.403, Minimum Standards for Fire Officer IV Certification, §451.405, Examination Requirements, §451.07, International Fire Service Accreditation Congress (IFSAC) Seal.
This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.
The Texas Commission on Fire Protection, which administers these rules, believes the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Mike Wisko, Agency Chief, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or by email to amanda.khan@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Texas Register in compliance with Texas Government Code, Chapter 2001, and will be open for the required public comment period prior to final adoption or repeal by the commission.
TRD-202204976
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Filed: December 12, 2022
The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 453, concerning Hazardous Materials. Chapter 453 consists of §453.1, Hazardous Materials Technician Certification, §453.3, Minimum Standards for Hazardous Materials Technician Certification, §453.5, Examination Requirements, §453.7, International Fire Service Accreditation Congress (IFSAC) Seal, §453.201, Hazardous Materials Incident Commander Certification, §453.203, Minimum Standards for Hazardous Materials Incident Commander, §453.205, Examination Requirements, §453.207, International Fire Service Accreditation Congress (IFSAC) Seal.
This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.
The Texas Commission on Fire Protection, which administers these rules, believes the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Mike Wisko, Agency Chief, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or by email to amanda.khan@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Texas Register in compliance with Texas Government Code, Chapter 2001, and will be open for the required public comment period prior to final adoption or repeal by the commission.
TRD-202204989
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Filed: December 12, 2022
The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 455, concerning Minimum Standards for Wildland Fire Protection Certification. Chapter 455 consists of §455.1, Minimum Standards for Wildland Fire Protection Personnel, §455.3, Minimum Standards for Basic Wildland Fire Protection Certification, §455.5, Minimum Standards for Intermediate Wildland Fire Protection Certification, §455.7, Examination Requirements.
This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.
The Texas Commission on Fire Protection, which administers these rules, believes the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Mike Wisko, Agency Chief, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas, 78768-2286 or by email to amanda.khan@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Texas Register in compliance with Texas Government Code, Chapter 2001, and will be open for the required public comment period prior to final adoption or repeal by the commission.
TRD-202204914
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Filed: December 9, 2022
The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 457, concerning Minimum Standards for Incident Safety Officer Certification. Chapter 457 consists of §457.1, Incident Safety Officer Certification, §457.3, Minimum Standards for Incident Safety Officer Certification, §457.5, Examination Requirements, §457.7, International Fire Service Accreditation Congress (IFSAC) Seal.
This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.
The Texas Commission on Fire Protection, which administers these rules, believes the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Mike Wisko, Agency Chief, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas 78768-2286 or by email to amanda.khan@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Texas Register in compliance with Texas Government Code, Chapter 2001, and will be open for the required public comment period prior to final adoption or repeal by the commission.
TRD-202204990
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Filed: December 12, 2022
The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 459, concerning Minimum Standards for Fire and Life Safety Educators. Chapter 459 consists of §459.1, Fire and Life Safety Educator I Certification, §459.3, Minimum Standards for Fire and Life Safety Educator I Certification, §459.5, Examination Requirement, §459.7, International Fire Service Accreditation Congress (IFSAC) Seal, §459.201, Fire and Life Safety Educator II Certification, §459.203 Minimum Standards for Fire and Life Safety Educator II Certification, §459.205, Examination Requirement, §459.207, International Fire Service Accreditation Congress (IFSAC) Seal.
This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.
The Texas Commission on Fire Protection, which administers these rules, believes the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Mike Wisko, Agency Chief, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas, 78768-2286 or by email to amanda.khan@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Texas Register in compliance with Texas Government Code, Chapter 2001, and will be open for the required public comment period prior to final adoption or repeal by the commission.
TRD-202204991
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Filed: December 12, 2022
The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 461, concerning Incident Commanders. Chapter 461 consists of §461.1, Incident Commander Certification, §461.3, Minimum Standards for Incident Commander Certification, §461.5, Examination Requirement.
This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.
The Texas Commission on Fire Protection, which administers these rules, believes the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Mike Wisko, Agency Chief, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas, 78768-2286 or by email to amanda.khan@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Texas Register in compliance with Texas Government Code, Chapter 2001, and will be open for the required public comment period prior to final adoption or repeal by the commission.
TRD-202204992
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Filed: December 12, 2022
The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 491, concerning Voluntary Regulation of State Agencies and State Agency Employees. Chapter 491 consists of §491.1, Election of Components for Voluntary Regulation, §491.3, Documentation, §491.5, Notification.
This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.
The Texas Commission on Fire Protection, which administers these rules, believes the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Mike Wisko, Agency Chief, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas, 78768-2286 or by email to amanda.khan@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Texas Register in compliance with Texas Government Code, Chapter 2001, and will be open for the required public comment period prior to final adoption or repeal by the commission.
TRD-202204994
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Filed: December 12, 2022
The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 493, concerning Voluntary Regulation of Federal Agencies and Federal Fire Fighters. Chapter 493 consists of §493.1, Election of Components for Voluntary Regulation, §493.3, Documentation, §493.5, Notification.
This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.
The Texas Commission on Fire Protection, which administers these rules, believes the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Mike Wisko, Agency Chief, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas, 78768-2286 or by email to amanda.khan@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Texas Register in compliance with Texas Government Code, Chapter 2001, and will be open for the required public comment period prior to final adoption or repeal by the commission.
TRD-202204997
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Filed: December 12, 2022
The Texas Commission on Fire Protection (commission) files this notice of intention to review and consider for re-adoption, revision, or repeal, Texas Administrative Code, Title 37, Part 13, Chapter 495, concerning Regulation of Nongovernmental Departments. Chapter 495 consists of §495.1, Application Procedures, §495.3, Notification, §495.5, Nongovernmental Fire Protection Employees, §495.201, Nongovernmental Organizations, §495.203, Nongovernmental Organization Employees, §495.205, Nongovernmental Personnel, §495.207, Regulation and Certification.
This review will be conducted pursuant to Texas Government Code §2001.039. The commission will accept comments for 30 days following publication of this notice in the Texas Register as to whether the reason for the rule continues to exist.
The Texas Commission on Fire Protection, which administers these rules, believes the reason for the rules contained in this chapter continue to exist. Any questions or written comments pertaining to this notice of intention to review should be directed to Mike Wisko, Agency Chief, Texas Commission on Fire Protection, P.O. Box 2286, Austin, Texas, 78768-2286 or by email to amanda.khan@tcfp.texas.gov. Any proposed changes to the rules as a result of the review will be published in the Texas Register in compliance with Texas Government Code, Chapter 2001, and will be open for the required public comment period prior to final adoption or repeal by the commission.
TRD-202204999
Mike Wisko
Agency Chief
Texas Commission on Fire Protection
Filed: December 12, 2022
Texas Department of Agriculture
Title 4, Part 1
Pursuant to Texas Government Code, §2001.039, the Texas Department of Agriculture (Department) has completed its review of Texas Administrative Code, Title 4, Part 1, Chapter 8 (Agricultural Hazard Communication Regulations). The notice of intent to review this chapter was published in the October 7, 2022 issue of the Texas Register (47 TexReg 6636). No comments were received in response to this notice.
In addition to publishing notice of the proposed rule review, the Department informally notified external stakeholders, in advance of the proposed rule review. The Department did not receive any comments in response to this notice.
The Department finds that the reasons for initially adopting the rules in this chapter continue to exist and readopts this chapter with proposed amendments. The proposed amendments can be found in the Proposed Rules section of this issue.
TRD-202204860
Skyler Shafer
Assistant General Counsel
Texas Department of Agriculture
Filed: December 7, 2022
Pursuant to the Texas Government Code (Code), §2001.039, the Texas Department of Agriculture (Department) has completed its review of Texas Administrative Code, Title 4, Part 1, Chapter 12, Weights and Measures, Subchapter A, General Provisions; Subchapter B, Devices; Subchapter C, Packages and Price Verification; Subchapter D, Metrology; Subchapter E, Service Companies; Subchapter G, Service Technicians; and Subchapter H, Public Weighers.
The notice of intent to review was published in the October 7, 2022 issue of the Texas Register (47 TexReg 6636). No comments were received in response to this notice.
Before publishing notice of this rule review, the Department issued an informal advance notice of the proposed rule review to stakeholders. In response, the Department received three comments.
One comment appeared to express general concern over the five-year testing requirement for service technicians contained in §12.60, but did not make a direct reference to this rule or propose a specific change to it. Section 12.60 calls for service technicians to reregister, and consequently retest, every five years to maintain their status.
The Department determined that changes to testing requirements in this rule did not necessitate an amendment at this time, as the Department believes this requirement is appropriate for registration as a service technician.
One comment addressed two aspects of the definition for "test kit" in §12.1. First, the definition's requirement that the standard weights in these kits be able to test a 30-pound scale in one-pound increments is inconsistent with the method called for testing such scales by the National Institute of Standards and Technology's Handbook 112 (NIST Handbook 112). NIST Handbook 112 contains procedures for testing commercial weighing and measuring devices. Second, this comment stated that the definition's requirement that test kits contain "at least two" one-pound standard weights is inconsistent with the current composition of test kits. This comment noted that they contain only one one-pound standard weight, and regardless, could still meet the definition's requirement of having sufficient weight standards to test 30-pound scales in one-pound increments.
Concerning the comment to the definition for "test kit" in §12.1, the Department does not believe changes to the one-pound increment testing requirement for 30-pound scales appropriate at this time. The Department notes that this chapter does not contain any adoption by reference of NIST Handbook 112. At the same time, the Department did find test kits on the market with only one one-pound standard weight that could meet the Department's testing requirements for 30-pound scales. Accordingly, and to reflect the current market, the Department proposes an amendment to the definition for "test kit" in §12.1 to allow for only one one-pound weight.
One comment requested changes in the requirement of §12.74 that public weighers maintain copies of issued official certificates "in a well-bound book." This comment suggested public weighers have the option of maintaining these certificates in either physical or electronic form.
The Department believes the ubiquity of electronic business transactions relying on electronic recordkeeping allows for public weighers to have the option to maintain official certificates in this format. Accordingly, the Department proposes a change to §12.74 to allow issued official certificates to be kept in either electronic or physical form.
The Department finds that the reasons for initially adopting the rules in this chapter continue to exist, with the exception of §12.70. Accordingly, the Department readopts with no changes §12.20 and §12.43. The Department further proposes the repeal of §12.70. Lastly, the Department readopts all other rules in Chapter 12 with proposed amendments , which can be found in the Proposed Rules section of this issue.
TRD-202204957
Skyler Shafer
Assistant General Counsel
Texas Department of Agriculture
Filed: December 12, 2022
Pursuant to Texas Government Code, §2001.039, the Texas Department of Agriculture (Department) has completed its review of Texas Administrative Code, Title 4, Part 1, Chapter 18, Organic Standards and Certification, and Chapter 21, Citrus.
The Department considered whether the reasons for the adoption of the rules in these chapters continue to exist. Notice of the review was published in the September 23, 2022, issue of the Texas Register (47 TexReg 6255). No comments were received as a result of this notice.
The Department finds that the reasons for initially adopting the rules in Chapters 18 and 21 continue to exist and readopts the rules without changes.
TRD-202205007
Skyler Shafer
Assistant General Counsel
Texas Department of Agriculture
Filed: December 13, 2022
Pursuant to the Texas Government Code (Code), §2001.039, the Texas Department of Agriculture (Department) has completed its review of Texas Administrative Code, Title 4, Part 1, Chapter 20 (Cotton Pest Control), Subchapter A (General Provisions), Subchapter B (Quarantine Requirements), Subchapter C (Stalk Destruction Program), and Subchapter D (Regulation of Volunteer and Other Noncommercial Cotton; Hostable Cotton Fee).
The notice of intent to review was published in the October 7, 2022 issue of the Texas Register (47 TexReg 6636). No comments were received in response to this notice.
The Department finds that the reasons for initially adopting the rules in this chapter continue to exist and readopts with no changes Subchapter B, §§20.10, 20.11 and 20.16 and Subchapter C, §§20.20-20.22. In addition, the Department readopts with proposed amendments Subchapter A, §§20.1, 20.3; Subchapter B, §§20.12-20.15 and 20.17; and Subchapter D, §§20.30, 20.31. The proposed amendments can be found in the Proposed Rules section of this issue.
TRD-202204879
Skyler Shafer
Assistant General Counsel
Texas Department of Agriculture
Filed: December 8, 2022
Title 26, Part 1
The Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 26, Part 1, of the Texas Administrative Code:
Chapter 550, Licensing Standards for Prescribed Pediatric Extended Care Centers
Subchapter A, Purpose, Scope, Limitations, Compliance, and Definitions
Subchapter B, Licensing Application, Maintenance, and Fees
Subchapter C, General Provisions
Subchapter D, Transportation
Subchapter E, Building Requirements
Subchapter F, Inspections and Visits
Subchapter G, Enforcement
Notice of the review of this chapter was published in the August 19, 2022, issue of the Texas Register (47 TexReg 5006). HHSC received no comments concerning this chapter.
HHSC has reviewed Chapter 550 in accordance with §2001.039 of the Government Code, which requires state agencies to assess, every four years, whether the initial reasons for adopting a rule continue to exist. The agency determined that the original reasons for adopting all rules in the chapter continue to exist and readopts Chapter 550. Any appropriate amendments to Chapter 550 identified by HHSC during the rule review will be proposed in a future issue of the Texas Register.
This concludes HHSC's review of 26 TAC Chapter 550 as required by the Government Code, §2001.039.
TRD-202204993
Mahan Farman-Farmaian
Director Rules Coordination Office
Health and Human Services Commission
Filed: December 12, 2022
The Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 26, Part 1, of the Texas Administrative Code:
Chapter 558, Licensing Standards for Home and Community Support Services Agencies
Subchapter A, General Provisions
Subchapter B, Criteria and Eligibility, Application Procedures, and Issuance of a License
Subchapter C, Minimum Standards for All Home and Community Support Services Agencies
Subchapter D, Additional Standards Specific to License Category and Specific to Special Services
Subchapter E, Licensure Surveys
Subchapter F, Enforcement
Subchapter G, Home Health Aides
Subchapter H, Standards Specific to Agencies Licensed to Provide Hospice Services
Notice of the review of this chapter was published in the August 19, 2022, issue of the Texas Register (47 TexReg 5007). HHSC received no comments concerning this chapter.
HHSC has reviewed Chapter 558 in accordance with §2001.039 of the Government Code, which requires state agencies to assess, every four years, whether the initial reasons for adopting a rule continue to exist. The agency determined that the original reasons for adopting the rules in the chapter continue to exist and readopts Chapter 558. Any appropriate amendments to Chapter 558 identified by HHSC during the rule review will be proposed in a future issue of the Texas Register.
This concludes HHSC's review of 26 TAC Chapter 558 as required by the Government Code, §2001.039.
TRD-202204995
Mahan Farman-Farmaian
Director, Rules Coordination Office
Health and Human Services Commission
Filed: December 12, 2022