REVIEW OF AGENCY RULES

Proposed Rule Reviews

Employees Retirement System of Texas

Title 34, Part 4

The Employees Retirement System of Texas will review and consider whether to re-adopt, re-adopt with amendments, or repeal 34 Texas Administrative Code Chapter 61, Terms and Phrases, in accordance with Chapter 815, Texas Government Code. This review is done pursuant to Texas Government Code §2001.039.

The Board will assess whether the reason(s) for adopting or re-adopting this chapter continues to exist. Each section of the chapter will be reviewed to determine whether it is obsolete, reflects current legal and policy considerations, reflects current general provisions in the governance of the Board, and/or whether it is in compliance with Chapter 2001 of the Texas Government Code (Administrative Procedure Act).

Comments on the review may be submitted in writing within 30 days following the publication of this rule review in the Texas Register to Paula A. Jones, Deputy Executive Director and General Counsel, Employees Retirement System of Texas, P.O. Box 13207, Austin, Texas 78711-3207, or you may email Ms. Jones at paula.jones@ers.texas.gov. The deadline for receiving comments is Monday, March 23, 2020, at 10:00 a.m. Any proposed changes to the sections of this chapter 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 30 day public comment period prior to final adoption of any repeal, amendment, or re-adoption.

TRD-202000433

Paula A. Jones

Deputy Executive Director and General Counsel

Employees Retirement System of Texas

Filed: February 5, 2020


The Employees Retirement System of Texas will review and consider whether to re-adopt, re-adopt with amendments, or repeal 34 Texas Administrative Code Chapter 63, Board of Trustees, in accordance with Chapter 815, Texas Government Code. This review is done pursuant to Texas Government Code §2001.039.

The Board will assess whether the reason(s) for adopting or re-adopting this chapter continues to exist. Each section of the chapter will be reviewed to determine whether it is obsolete, reflects current legal and policy considerations, reflects current general provisions in the governance of the Board, and/or whether it is in compliance with Chapter 2001 of the Texas Government Code (Administrative Procedure Act).

Comments on the review may be submitted in writing within 30 days following the publication of this rule review in the Texas Register to Paula A. Jones, Deputy Executive Director and General Counsel, Employees Retirement System of Texas, P.O. Box 13207, Austin, Texas 78711-3207, or you may email Ms. Jones at paula.jones@ers.texas.gov. The deadline for receiving comments is Monday, March 23, 2020, at 10:00 a.m. Any proposed changes to the sections of this chapter 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 30 day public comment period prior to final adoption of any repeal, amendment, or re-adoption.

TRD-202000434

Paula A. Jones

Deputy Executive Director and General Counsel

Employees Retirement System of Texas

Filed: February 5, 2020


The Employees Retirement System of Texas will review and consider whether to re-adopt, re-adopt with amendments, or repeal 34 Texas Administrative Code Chapter 65, Executive Director, in accordance with Chapter 815, Texas Government Code. This review is done pursuant to Texas Government Code §2001.039.

The Board will assess whether the reason(s) for adopting or re-adopting this chapter continues to exist. Each section of the chapter will be reviewed to determine whether it is obsolete, reflects current legal and policy considerations, reflects current general provisions in the governance of the Board, and/or whether it is in compliance with Chapter 2001 of the Texas Government Code (Administrative Procedure Act).

Comments on the review may be submitted in writing within 30 days following the publication of this rule review in the Texas Register to Paula A. Jones, Deputy Executive Director and General Counsel, Employees Retirement System of Texas, P.O. Box 13207, Austin, Texas 78711-3207, or you may email Ms. Jones at paula.jones@ers.texas.gov. The deadline for receiving comments is Monday, March 23, 2020, at 10:00 a.m. Any proposed changes to the sections of this chapter 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 30 day public comment period prior to final adoption of any repeal, amendment, or re-adoption.

TRD-202000435

Paula A. Jones

Deputy Executive Director and General Counsel

Employees Retirement System of Texas

Filed: February 5, 2020


The Employees Retirement System of Texas will review and consider whether to re-adopt, re-adopt with amendments, or repeal 34 Texas Administrative Code Chapter 85, Flexible Benefits, in accordance with Chapter 1551 of the Texas Insurance Code. This review is done pursuant to Texas Government Code §2001.039.

The Board will assess whether the reason(s) for adopting or re-adopting this chapter continues to exist. Each section of the chapter will be reviewed to determine whether it is obsolete, reflects current legal and policy considerations, reflects current general provisions in the governance of the Board, and/or whether it is in compliance with Chapter 2001 of the Texas Government Code (Administrative Procedure Act).

Comments on the review may be submitted in writing within 30 days following the publication of this rule review in the Texas Register to Paula A. Jones, Deputy Executive Director and General Counsel, Employees Retirement System of Texas, P.O. Box 13207, Austin, Texas 78711-3207, or you may email Ms. Jones at paula.jones@ers.texas.gov. The deadline for receiving comments is Monday, March 23, 2020, at 10:00 a.m. Any proposed changes to the sections of this chapter 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 30 day public comment period prior to final adoption of any repeal, amendment, or re-adoption.

TRD-202000432

Paula A. Jones

Deputy Executive Director and General Counsel

Employees Retirement System of Texas

Filed: February 5, 2020


Adopted Rule Reviews

Credit Union Department

Title 7, Part 6

The Credit Union Commission (Commission) has completed its review of Chapter 91, Subchapter C (relating to Chartering, Operations, Mergers, Liquidations), of the Texas Administrative Code, Title 7, Part 6, consisting of §§91.301, 91.302, 91.310 and 91.315.

The rules were reviewed as a result of the Department's quadrennial rule review under Texas Government Code §2001.039.

Notice of the review of 7 TAC, Part 6, Chapter 91, Subchapter C, was published in the November 22, 2019, issue of the Texas Register (44 TexReg 7190). The Department received no comments on the notice of intention to review.

After reviewing these rules, the Commission finds that the reasons for initially adopting these rules continue to exist, and readopts Chapter 91, Subchapter C, §§91.301, 91.302, 91.310 and 91.315, in their entirety in accordance with the requirements of Texas Government Code, §2001.039.

The Department hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

TRD-202000481

John J. Kolhoff

Commissioner

Credit Union Department

Filed: February 10, 2020


The Credit Union Commission (Commission) has completed its review of Chapter 91, Subchapter O (relating to Trust Powers), of the Texas Administrative Code, Title 7, Part 6, consisting of §§91.6001 - 91.6015.

The rules were reviewed as a result of the Department's quadrennial rule review under Texas Government Code §2001.039.

Notice of the review of 7 TAC, Part 6, Chapter 91, Subchapter O, was published in the November 22, 2019, issue of the Texas Register (44 TexReg 7190). The Department received no comments on the notice of intention to review.

After reviewing these rules, the Commission finds that the reasons for initially adopting these rules continue to exist, and readopts Chapter 91, Subchapter O, §§91.6001 - 91.6015, in their entirety in accordance with the requirements of Texas Government Code, §2001.039. However, the Commission has determined that certain sections should be amended and will propose changes in a separate section of the Texas Register. This concludes the review of 7 TAC, Part 6, Chapter 91, Subchapter O.

The Department hereby certifies that the adoption has been reviewed by legal counsel and found to be valid exercise of the agency's legal authority.

TRD-202000480

John J. Kolhoff

Commissioner

Credit Union Department

Filed: February 10, 2020


State Securities Board

Title 7, Part 7

Pursuant to the notice of Proposed Rule Reviews published in the December 6, 2019, issue of the Texas Register (44 TexReg 7553), the State Securities Board (Board) has reviewed and considered for readoption, revision, or repeal all sections of the following chapter of Title 7, Part 7, of the Texas Administrative Code, in accordance with Texas Government Code, §2001.039, Agency Review of Existing Rules: Chapter 133, Forms. The text of these rules may be found in the Texas Administrative Code, Title 7, Part 7 or through the Board's website at www.ssb.texas.gov/texas-securities-act-board-rules.

The Board considered, among other things, whether the reasons for adoption of these rules continue to exist. After its review, the Board finds that the reasons for adopting these rules continue to exist and readopts this chapter, without changes, pursuant to the requirements of the Texas Government Code.

No comments were received regarding the readoption of Chapter 133.

This concludes the review of 7 TAC, Chapter 133.

Issued in Austin, Texas on February 7, 2020.

TRD-202000474

Travis J. Iles

Securities Commissioner

State Securities Board

Filed: February 7, 2020


Texas Higher Education Coordinating Board

Title 19, Part 1

The Texas Higher Education Coordinating Board adopts the review of Chapter 3, concerning Rules Applying to All Public and Private or Independent Institutions of Higher Education in Texas Regarding Electronic Reporting Option for Certain Offenses; Amnesty. The proposed notice of review was published in the September 27, 2019, issue of the Texas Register (44 TexReg 5639). No comments were received regarding the review of this chapter. During its review, the Board determined that the initial reasons for adopting these sections continue to exist. The rules are therefore readopted in accordance with the requirements of the Government Code, §2001.039.

This concludes the Board's review of Chapter 3 as required by the Texas Government Code, §2001.039.

TRD-202000448

William Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: February 6, 2020


The Texas Higher Education Coordinating Board adopts the review of Chapter 4, concerning Rules Applying to All Public Institutions of Higher Education in Texas. The proposed notice of review was published in the September 27, 2019, issue of the Texas Register (44 TexReg 5639). No comments were received regarding the review of this chapter. During its review, the Board determined that the initial reasons for adopting these sections continue to exist. The rules are therefore readopted in accordance with the requirements of the Government Code, §2001.039.

This concludes the Board's review of Chapter 4 as required by the Texas Government Code, §2001.039.

TRD-202000449

William Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: February 6, 2020


The Texas Higher Education Coordinating Board adopts the review of Chapter 5, concerning Rules Applying to Public Universities, Health-Related Institutions, and/or Selected Public Colleges of Higher Education in Texas. The proposed notice of review was published in the September 27, 2019, issue of the Texas Register (44 TexReg 5639). No comments were received regarding the review of this chapter. During its review, the Board determined that the initial reasons for adopting these sections continue to exist. The rules are therefore readopted in accordance with the requirements of the Government Code, §2001.039.

This concludes the Board's review of Chapter 5 as required by the Texas Government Code, §2001.039.

TRD-202000450

William Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: February 6, 2020


The Texas Higher Education Coordinating Board adopts the review of Chapter 6, concerning Health Education, Training, and Research Funds. The proposed notice of review was published in the September 27, 2019, issue of the Texas Register (44 TexReg 5639). No comments were received regarding the review of this chapter. During its review, the Board determined that the initial reasons for adopting these sections continue to exist. The rules are therefore readopted in accordance with the requirements of the Government Code, §2001.039.

This concludes the Board's review of Chapter 6 as required by the Texas Government Code, §2001.039.

TRD-202000451

William Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: February 6, 2020


The Texas Higher Education Coordinating Board adopts the review of Chapter 7, concerning Degree Granting Colleges and Universities Other Than Texas Public Institutions. The proposed notice of review was published in the September 27, 2019, issue of the Texas Register (44 TexReg 5639). No comments were received regarding the review of this chapter. During its review, the Board determined that the initial reasons for adopting these sections continue to exist. The rules are therefore readopted in accordance with the requirements of the Government Code, §2001.039.

This concludes the Board's review of Chapter 7 as required by the Texas Government Code, §2001.039.

TRD-202000452

William Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: February 6, 2020


The Texas Higher Education Coordinating Board adopts the review of Chapter 8, concerning Creation, Expansion, Dissolution, or Conservatorship of Public Community College Districts. The proposed notice of review was published in the September 27, 2019, issue of the Texas Register (44 TexReg 5639). No comments were received regarding the review of this chapter. During its review, the Board determined that the initial reasons for adopting these sections continue to exist. The rules are therefore readopted in accordance with the requirements of the Government Code, §2001.039.

This concludes the Board's review of Chapter 8 as required by the Texas Government Code, §2001.039.

TRD-202000453

William Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: February 6, 2020


The Texas Higher Education Coordinating Board adopts the review of Chapter 9, concerning Program Development in Public Two-Year Colleges. The proposed notice of review was published in the September 27, 2019, issue of the Texas Register (44 TexReg 5639). No comments were received regarding the review of this chapter. During its review, the Board determined that the initial reasons for adopting these sections continue to exist. The rules are therefore readopted in accordance with the requirements of the Government Code, §2001.039.

This concludes the Board's review of Chapter 9 as required by the Texas Government Code, §2001.039.

TRD-202000454

William Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: February 6, 2020


The Texas Higher Education Coordinating Board adopts the review of Chapter 11 concerning Texas State Technical College System. The proposed notice of review was published in the September 27, 2019 issue of the Texas Register (44 TexReg 5639). No comments were received regarding the review of this chapter. During its review, the Board determined that the initial reasons for adopting these sections continue to exist. The rules are therefore readopted in accordance with the requirements of the Government Code, §2001.039.

This concludes the Board's review of Chapter 11 as required by the Texas Government Code, §2001.039.

TRD-202000455

William Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: February 6, 2020


The Texas Higher Education Coordinating Board adopts the review of Chapter 14, concerning Research Funding Programs. The proposed notice of review was published in the September 27, 2019, issue of the Texas Register (44 TexReg 5639). No comments were received regarding the review of this chapter. During its review, the Board determined that the initial reasons for adopting these sections continue to exist. The rules are therefore readopted in accordance with the requirements of the Government Code, §2001.039.

This concludes the Board's review of Chapter 14 as required by the Texas Government Code, §2001.039.

TRD-202000456

William Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: February 6, 2020


The Texas Higher Education Coordinating Board adopts the review of Chapter 15, concerning National Research Universities. The proposed notice of review was published in the September 27, 2019, issue of the Texas Register (44 TexReg 5639). No comments were received regarding the review of this chapter. During its review, the Board determined that the initial reasons for adopting these sections continue to exist. The rules are therefore readopted in accordance with the requirements of the Government Code, §2001.039.

This concludes the Board's review of Chapter 15 as required by the Texas Government Code, §2001.039.

TRD-202000457

William Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: February 6, 2020


The Texas Higher Education Coordinating Board adopts the review of Chapter 26, concerning Programs of Study. The proposed notice of review was published in the September 27, 2019, issue of the Texas Register (44 TexReg 5639). No comments were received regarding the review of this chapter. During its review, the Board determined that the initial reasons for adopting these sections continue to exist. The rules are therefore readopted in accordance with the requirements of the Government Code, §2001.039.

This concludes the Board's review of Chapter 26 as required by the Texas Government Code, §2001.039.

TRD-202000458

William Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: February 6, 2020


The Texas Higher Education Coordinating Board adopts the review of Chapter 27, concerning Fields of Study. The proposed notice of review was published in the September 27, 2019, issue of the Texas Register (44 TexReg 5639). No comments were received regarding the review of this chapter. During its review, the Board determined that the initial reasons for adopting these sections continue to exist. The rules are therefore readopted in accordance with the requirements of the Government Code, §2001.039.

This concludes the Board's review of Chapter 27 as required by the Texas Government Code, §2001.039.

TRD-202000459

William Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: February 6, 2020