REVIEW OF AGENCY RULES

Proposed Rule Reviews

Texas Department of Agriculture

Title 4, Part 1

The Texas Department of Agriculture (the Department) files this notice of intent to review Texas Administrative Code, Title 4, Part 1, Chapter 1, Subchapter P, Appeal Procedures for the Food and Nutrition Programs. This review is being conducted in accordance with the requirements of Texas Government Code §2001.039 (Agency Review of Existing Rules).

The Department will consider whether the initial factual, legal, and policy reasons for adopting each rule continue to exist and whether these rules should be repealed, readopted, or readopted with amendments.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 Tanya Vermeeren, Assistant General Counsel, at Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711-2847 or by email to tanya.vermeeren@texasagriculture.gov. The deadline for comments is 30 days after publication of this notice in the Texas Register.

TRD-202105054

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Filed: December 13, 2021


The Texas Department of Agriculture (the Department) files this notice of intent to review Texas Administrative Code, Title 4, Part 1, Chapter 25, Subchapter A, Child and Adult Care Food Program (CACFP), and Title 4, Part 1, Chapter 25, Subchapter B, Summer Food Service Program (SFSP). This review is being conducted in accordance with the requirements of Texas Government Code §2001.039 (Agency Review of Existing Rules).

The Department will consider whether the initial factual, legal, and policy reasons for adopting each rule continue to exist and whether these rules should be repealed, readopted, or readopted with amendments.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 Tanya Vermeeren, Assistant General Counsel, at Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711-2847 or by email to tanya.vermeeren@texasagriculture.gov. The deadline for comments is 30 days after publication of this notice in the Texas Register.

TRD-202105055

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Filed: December 13, 2021


Credit Union Department

Title 7, Part 6

Chapter 91, Subchapter G, concerning lending powers, consisting of §91.701, (Lending Powers), 91.703 (Interest Rates), 91.704 (Real Estate Lending), 91.705 (Home Improvement Loans), 91.706 (Home Equity Loans), 91.707 (Reverse Mortgages), 91.708 (Real Estate Appraisals or Evaluations), 91.709 (Member Business and Commercial Loans), 91.710 (Overdraft Protection), 91.711 (Purchase and Sale of Member Loans), 91.712 (Plastic Cards), 91.713 (Indirect Lending), 91.714 (Leasing), 91.715 (Exceptions to the General Lending Policies), 91.716 (Prohibited Fees), 91.717 (More Stringent Restrictions), 91.718 (Charging off or Setting Up Reserves), 91.719 (Loans to Officials and Senior Management Employees) and 91.720 (Small-Dollar, Short-Term Credit).

This rule review will be conducted pursuant to Texas Government Code, §2001.039. The commission believes that the reasons for adopting the rules contained in these chapters continue to exist. The commission will accept written comments received on or before 5:00 p.m. central time on the 31st 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 commission also invites comments on how to make these rules easier to understand. For example:

- Does the rule organize the material to suit your needs? If not, how could the material be better organized?

- Does the rule clearly state the requirements? If not, how could the rule be more clearly stated?

- Does the rule contain technical language or jargon that is not clear? If so, what language requires clarification?

- Would a different format (grouping and order of sections, use of headings, paragraphing) make the rule easier to understand? If so, what changes to the format would make the rule easier to understand?

- Would more (but shorter) sections be better in any of the rules? If so, what sections should be changed?

Each rule will also 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 Credit Union Department.

Any questions or written comments pertaining to this notice should be directed to the Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699, or by email to cudmail@cud.texas.gov. Any proposed amendments 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 an additional 31-day public comment period prior to final adoption or repeal by the commission.

TRD-202104974

John J. Kolhoff

Commissioner

Credit Union Department

Filed: December 10, 2021


Texas State Board of Pharmacy

Title 22, Part 15

The Texas State Board of Pharmacy files this notice of intent to review Chapter 291, (§§291.51 - 291.55), concerning Pharmacies (Nuclear Pharmacy (Class B)), pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules.

Comments regarding whether the reason for adopting the rule continues to exist, may be submitted to Eamon D. Briggs, Assistant General Counsel, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas 78701, FAX (512) 305-8061. Comments must be received by 5:00 p.m., January 24, 2022.

TRD-202104954

Timothy L. Tucker, Pharm.D.

Executive Director

Texas State Board of Pharmacy

Filed: December 9, 2021


The Texas State Board of Pharmacy files this notice of intent to review Chapter 305, (§305.1 and §305.2), concerning Educational Requirements, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules.

Comments regarding whether the reason for adopting the rule continues to exist, may be submitted to Eamon D. Briggs, Assistant General Counsel, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas 78701, FAX (512) 305-8061. Comments must be received by 5:00 p.m., January 24, 2022.

TRD-202104955

Timothy L. Tucker, Pharm.D.

Executive Director

Texas State Board of Pharmacy

Filed: December 9, 2021


The Texas State Board of Pharmacy files this notice of intent to review Chapter 309, (§§309.1 - 309.8), concerning Substitution of Drug Products, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules.

Comments regarding whether the reason for adopting the rule continues to exist, may be submitted to Eamon D. Briggs, Assistant General Counsel, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas, 78701, FAX (512) 305-8061. Comments must be received by 5:00 p.m., January 24, 2022.

TRD-202104956

Timothy L. Tucker, Pharm.D.

Executive Director

Texas State Board of Pharmacy

Filed: December 9, 2021


Adopted Rule Reviews

Texas Education Agency

Title 19, Part 2

The State Board of Education (SBOE) adopts the review of 19 Texas Administrative Code (TAC) Chapter 74, Curriculum Requirements, pursuant to the Texas Government Code, §2001.039. The rules being reviewed by the State Board of Education (SBOE) in 19 TAC Chapter 74 are organized under the following subchapters: Subchapter A, Required Curriculum; Subchapter B, Graduation Requirements; Subchapter C, Other Provisions; Subchapter D, Graduation Requirements, Beginning with School Year 2001-2002; Subchapter E, Graduation Requirements, Beginning with School Year 2004-2005; Subchapter F, Graduation Requirements, Beginning with School Year 2007-2008; and Subchapter G, Graduation Requirements, Beginning with School Year 2012-2013.

Relating to the review of 19 TAC Chapter 74, Subchapters A-C, F, and G, the SBOE finds that the reasons for adopting Subchapters A-C, F, and G continue to exist and readopts the rules. No changes are necessary to Subchapter A-C, F, and G as a result of the review.

Relating to the review of 19 TAC Chapter 74, Subchapters D and E, it was determined that the graduation requirements in Subchapters D and E are out-of-date and are no longer necessary. The SBOE took action to approve the proposed repeal of Subchapters D and E for first reading and filing authorization at its November 19, 2021 meeting.

The SBOE received comments related to the review of Subchapters A-F.

Comment: The Waco Independent School District (ISD) director of accountability and data systems recommended that the requirements for older diplomas remain in Chapter 74. The commenter stated that knowing the diploma requirements needed by these students makes it easier to review transcripts.

Board Response: The SBOE disagrees and has determined that it was not appropriate to maintain historical graduation requirements in the TAC. The SBOE provides the following clarification. Historical graduation requirements are maintained by the Texas Education Agency and can be requested by interested parties.

Comment: Cambridge assessment international education's deputy regional director, governmental relations and K12 policy, requested that the SBOE add the Cambridge program to the relevant sections of the TAC to ensure consistency and parity with the Advanced Placement (AP) and International Baccalaureate (IB) programs for Texas students. In particular, the commenter cited the rules on performance acknowledgements and the AP-IB Incentive Program.

Board Response: The SBOE disagrees and has determined that statutory requirements in Texas Education Code (TEC), §28.025(c-5), and TEC, §28.053, do not permit the SBOE to amend their rules on performance acknowledgements and the AP-IB Incentive Program to include the Cambridge program. A change to statute would be required to permit the board to add the Cambridge program.

TRD-202105086

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: December 15, 2021


Employees Retirement System of Texas

Title 34, Part 4

Pursuant to the notice of the proposed rule review that was published in the November 24, 2017, issue of the Texas Register (42 TexReg 6633), the Employees Retirement System of Texas (ERS) reviewed 34 Texas Administrative Code (TAC), Chapter 69, Membership, Annuity Termination, and Refunds (f/k/a Membership and Refunds), pursuant to Texas Government Code § 2001.039, to determine whether the reasons for adopting the rules in Chapter 69 continue to exist. No comments were received concerning the proposed review.

As a result of the review, the ERS Board of Trustees (Board) has determined that the reasons for adopting the rules in 34 TAC Chapter 69 continue to exist, and the Board readopts Chapter 69 with the amendments as published in the October 29, 2021, issue of the Texas Register (46 TexReg 7360) along with the changes from the published text that were adopted by the Board at its December 7, 2021, meeting. This completes ERS' review of 34 TAC Chapter 69, Membership, Annuity Termination, and Refunds.

TRD-202104965

Cynthia C. Hamilton

General Counsel

Employees Retirement System of Texas

Filed: December 9, 2021