REVIEW OF AGENCY RULES

Proposed Rule Reviews

Texas Department of Housing and Community Affairs

Title 10, Part 1

The Texas Department of Housing and Community Affairs (the Department) files this notice of rule review for 10 TAC Chapter 1, Administration, Subchapter A, General Policies and Procedures, 10 TAC §1.4, Protest Procedures for Contractors. The purpose of the proposed action is to conduct a rule review in accordance with Tex. Gov't Code §2001.039, which requires a state agency to review its rules every four years.

At this time, the Department has determined that there continues to be a need for this rule, which is to comply with 34 TAC Chapter 20, Subchapter F, Division 3, the rules of the Texas Comptroller of Public Accounts addressing procurement, which require state agencies to adopt protest procedures consistent with the Comptroller's procedures. The Department has also determined that no changes to this rule as currently in effect are necessary. This rule proposed for readoption will be noted in the Review of Agency Rules section of the Texas Register without publication of the text.

REQUEST FOR PUBLIC COMMENT. All comments or questions in response to this notice of rule review may be submitted in writing from February 25, 2022, through March 25, 2022. Written comments may be submitted to Brooke Boston, Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, Texas 78711-3941, or by email to bboston@tdhca.state.tx.us. ALL COMMENTS MUST BE RECEIVED BY 5:00 p.m. Austin local time, March 25, 2022.

TRD-202200498

Bobby Wilkinson

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 11, 2022


The Texas Department of Housing and Community Affairs (the Department) files this notice of rule review for 10 TAC Chapter 1, Administration, Subchapter A, General Policies and Procedures, 10 TAC §1.6, Historically Underutilized Businesses. The purpose of the proposed action is to conduct a rule review in accordance with Tex. Gov't Code §2001.039, which requires a state agency to review its rules every four years.

At this time, the Department has determined that there continues to be a need for this rule, which is to encourage the use of Historically Underutilized Businesses (HUBs) in the Department's procurement processes and to comply with Tex. Gov't Code §2161.003, which requires that the Department adopt the Texas Comptroller of Public Accounts HUB Program rules. The Department has also determined that no changes to this rule as currently in effect are necessary. This rule proposed for readoption will be noted in the Review of Agency Rules section of the Texas Register without publication of the text.

REQUEST FOR PUBLIC COMMENT. All comments or questions in response to this notice of rule review may be submitted in writing from February 25, 2022, through March 25, 2022. Written comments may be submitted to Brooke Boston, Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, Texas 78711-3941, or by email to bboston@tdhca.state.tx.us. ALL COMMENTS MUST BE RECEIVED BY 5:00 p.m. Austin local time, March 25, 2022.

TRD-202200499

Bobby Wilkinson

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 11, 2022


The Texas Department of Housing and Community Affairs (the Department) files this notice of rule review for 10 TAC Chapter 1, Administration, Subchapter A, General Policies and Procedures, §1.12 Negotiated Rulemaking. The purpose of the proposed action is to conduct a rule review in accordance with Tex. Gov't Code §2001.039, which requires a state agency to review its rules every four years.

At this time, the Department has determined that there continues to be a need for this rule, which is to satisfy Tex. Gov't Code, §2306.082, which requires the Department to encourage negotiated rulemaking. The Department has also determined that no changes to this rule as currently in effect are necessary. This rule proposed for readoption will be noted in the Review of Agency Rules section of the Texas Register without publication of the text.

REQUEST FOR PUBLIC COMMENT. All comments or questions in response to this notice of rule review may be submitted in writing from February 25, 2022, through March 25, 2022. Written comments may be submitted to Brooke Boston, Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, Texas 78711-3941, or by email to bboston@tdhca.state.tx.us. ALL COMMENTS MUST BE RECEIVED BY 5:00 p.m. Austin local time, March 25, 2022.

TRD-202200500

Bobby Wilkinson

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 11, 2022


The Texas Department of Housing and Community Affairs (the Department) files this notice of rule review for 10 TAC Chapter 1, Administration, Subchapter A, General Policies and Procedures, 10 TAC §1.17, Alternative Dispute Resolution. The purpose of the proposed action is to conduct a rule review in accordance with Tex. Gov't Code §2001.039, which requires a state agency to review its rules every four years.

At this time, the Department has determined that there continues to be a need for this rule, which is to satisfy Tex. Gov’t Code, §2306.082, which requires the Department to encourage alternative dispute resolution procedures. The Department has also determined that no changes to this rule as currently in effect are necessary. This rule proposed for readoption will be noted in the Review of Agency Rules section of the Texas Register without publication of the text.

REQUEST FOR PUBLIC COMMENT. All comments or questions in response to this notice of rule review may be submitted in writing from February 25, 2022, through March 25, 2022. Written comments may be submitted to Brooke Boston, Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, Texas 78711-3941, or by email to bboston@tdhca.state.tx.us. ALL COMMENTS MUST BE RECEIVED BY 5:00 p.m. Austin local time, March 25, 2022.

TRD-202200501

Bobby Wilkinson

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 11, 2022


Texas Education Agency

Title 19, Part 2

The State Board of Education (SBOE) proposes the review of 19 Texas Administrative Code (TAC) Chapter 89, Adaptations for Special Populations, pursuant to the Texas Government Code, §2001.039. The rules being reviewed by the SBOE in 19 TAC Chapter 89 relate to gifted/talented education, Texas certificate of high school equivalency, and special education services and settings and are organized under the following subchapters: Subchapter A, Gifted/Talented Education; Subchapter C, Texas Certificate of High School Equivalency; and Subchapter D, Special Education Services and Settings.

As required by the Texas Government Code, §2001.039, the SBOE will accept comments as to whether the reasons for adopting 19 TAC Chapter 89, Subchapters A, C and D, continue to exist.

The public comment period on the review begins February 25, 2022, and ends at 5:00 p.m. on April 1, 2022. A form for submitting public comments on the proposed rule review is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/SBOE_Rules_(TAC)/State_Board_of_Education_Rule_Review. The SBOE will take registered oral and written comments on the review at the appropriate committee meeting in April 2022 in accordance with the SBOE board operating policies and procedures.

TRD-202200567

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: February 16, 2022


Adopted Rule Reviews

Texas Department of Licensing and Regulation

Title 16, Part 4

The Texas Department of Licensing and Regulation (Department) filed a Notice of Intent to Review to consider for readoption, revision, or repeal the rule chapters listed below, in their entirety, under Title 16, Part 4, of the Texas Administrative Code (TAC). This review was conducted in accordance with Texas Government Code §2001.039.

Building and Mechanical Programs

Chapter 62, Code Enforcement Officers

Chapter 78, Mold Assessors and Remediators

Chapter 119, Sanitarians

Court-Ordered Education Programs

Chapter 90, Offender Education Programs for Alcohol and Drug-Related Offenses

Chapter 92, Responsible Pet Owners

Transportation Programs

Chapter 95, Transportation Network Companies

Medical and Health Professions Programs

Chapter 118, Laser Hair Removal

Public Comments

A combined Notice of Intent to Review for all of the chapters listed above was published in the September 3, 2021, issue of the Texas Register (46 TexReg 5597). The public comment period closed on October 4, 2021. The Department received written comments from 65 interested parties in response to the Notice of Intent to Review. Four interested parties also presented oral comments at the January 25, 2022, meeting of the Texas Commission of Licensing and Regulation (Commission), the Department's governing body. Two of these interested parties also had submitted written comments in response to the Notice of Intent to Review. The written and oral public comments received for each chapter are explained below.

Chapter 62, Code Enforcement Officers

The Department did not receive any public comments in response to the Notice of Intent to Review for Chapter 62, Code Enforcement Officers.

Chapter 78, Mold Assessors and Remediators

The Department received written public comments from 56 interested parties in response to the Notice of Intent to Review for Chapter 78, Mold Assessors and Remediators. Four interested parties, including two that also submitted written public comments, presented oral public comments at the Commission meeting regarding the rule review for Chapter 78. The interested parties included individuals and business entities, the Texas Mold Assessors and Remediators Association, the Texas Association of Builders (TAB), and the Institute of Inspection Cleaning and Restoration Certification (IICRC).

Of the written and oral public comments that were received, the Department received 16 comments in support of re-adoption of the rules. Most of these comments support readoption to protect consumers from unscrupulous operators and because the rules are also protective of consumers' health. The Department received one comment that opposed the rule review, stating that the timing of the rule review is premature under current law. The Department has taken these comments into consideration as part of this review. The Department received 42 comments requesting one or more amendments to the rules. Many of these comments support amendments to define and narrow the scope of mold license holders' advice to consumers; to revise the definition of "indoor air"; to include air sampling protocols and requirements to adhere to recognized mold remediation standards; and to increase options for mold training and education. The Department will take these comments under consideration for a possible future rulemaking because any amendments must be made using the standard rulemaking process.

Chapter 90, Offender Education Programs for Alcohol and Drug-Related Offenses

The Department received public comments from five interested parties in response to the Notice of Intent to Review for Chapter 90, Offender Education Programs for Alcohol and Drug-Related Offenses. Of the comments that were received, three comments expressed support for continuing the offender education courses and programs and provided information regarding the benefits of these courses and programs. The Department has taken these comments into consideration as part of this review. Four comments requested amendments to the rules relating to: using technology for remote delivery of course material, personal and subject-matter validation, and end of course testing; implementing Senate Bill 1480, 87th Regular Legislature (2021); adopting rules that align with the current rule structures and procedures of the Driver Education and Traffic Safety (DES) program; allowing for classroom and online options for the Offender Education courses; recategorizing the DES Drug and Alcohol Driving Awareness Program as an Offender Education Alcohol Awareness program; and updating the offender education course curriculum. The Department will take these comments under consideration for a possible future rulemaking because any amendments must be made using the standard rulemaking process.

Chapter 92, Responsible Pet Owners

The Department did not receive any public comments in response to the Notice of Intent to Review for Chapter 92, Responsible Pet Owners.

Chapter 95, Transportation Network Companies

The Department received public comments from one interested party in response to the Notice of Intent to Review for Chapter 95, Transportation Network Companies. The comment requested amendments to the rules related to the fees. The Department will take this comment under consideration for a possible future rulemaking because any amendments must be made using the standard rulemaking process.

Chapter 118, Laser Hair Removal

The Department did not receive any public comments in response to the Notice of Intent to Review for Chapter 118, Laser Hair Removal.

Chapter 119, Sanitarians

The Department received public comments from three interested parties in response to the Notice of Intent to Review for Chapter 119, Sanitarians. The three comments requested amendments to the program rules. Two of these comments were from individuals and related to the scope of practice of sanitarians and the composition of the advisory committee. The third comment was from the City of New Braunfels and related to the registration term for a sanitarian in training. The Department will take these comments under consideration for a possible future rulemaking because any amendments must be made using the standard rulemaking process.

Department Review and Recommendation

The Department reviewed each of the rule chapters listed above and determined that the reasons for adopting or readopting the rules in these chapters continue to exist. The rules are still essential in implementing the statutory provisions for each of the affected programs. The rules provide details that are not found in the program statutes but are necessary for implementation and operation of the programs. The Department recommended the readoption of each of the rule chapters listed above in their entirety and in their current form.

The Department may propose amendments in the future to update, clarify, or supplement the existing rules. Any proposed changes to the rules will be published in the Proposed Rules section of the Texas Register and will be open for public comment before final adoption by the Texas Commission of Licensing and Regulation (Commission), the Department's governing body, and in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

Commission Action

At its meeting on January 25, 2022, the Commission readopted the following rule chapters, in their entirety and in their current form: 16 TAC, Chapter 62, Code Enforcement Officers; Chapter 78, Mold Assessors and Remediators; Chapter 90, Offender Education Programs for Alcohol and Drug-Related Offenses; Chapter 92, Responsible Pet Owners; Chapter 95, Transportation Network Companies; Chapter 118, Laser Hair Removal; and Chapter 119, Sanitarians. This concludes the review of these rule chapters in accordance with Texas Government Code §2001.039.

TRD-202200551

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Filed: February 15, 2022