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 the rules in Texas Administrative Code, Title 4, Part 1, Chapter 17, Subchapter C, GO TEXAN Certification Mark.

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initial factual, legal, and policy reasons for adopting each rule continue to exist and whether these rules should be repealed, readopted, or readopted with amendments.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

TRD-202202279

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Filed: June 16, 2022


Texas Education Agency

Title 19, Part 2

Texas Education Agency (TEA) proposes the review of 19 TAC Chapter 149, Commissioner's Rules Concerning Educator Standards, Subchapter AA, Teacher Standards, and Subchapter BB, Administrator Standards, pursuant to Texas Government Code, §2001.039.

As required by Texas Government Code, §2001.039, TEA will accept comments as to whether the reasons for adopting Chapter 149, Subchapters AA and BB, continue to exist.

The public comment period on the review begins July 1, 2022, and ends August 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/commissioner-rules-tac/commissioner-of-education-rule-review.

TRD-202202321

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: June 22, 2022


Adopted Rule Reviews

Texas Department of Housing and Community Affairs

Title 10, Part 1

The Texas Department of Housing and Community Affairs (the Department) adopts the rule review for 10 TAC Chapter 1, Administration, Subchapter A, General Policies and Procedures, 10 TAC §1.16, Ethics and Disclosure Requirements for Outside Financial Advisors and Service Providers, in accordance with Tex. Gov't Code §2001.039, which requires a state agency to review its rules every four years.

The Department determined that there continues to be a need for this rule, which is to comply with Tex. Gov't Code Chapters 2263, 2270, and 2252 as it relates to the conduct applicable to financial advisors or service providers. The Department has also determined that no changes to this rule as currently in effect are necessary. This rule was proposed for readoption and was noted in the Texas Register's Review of Agency Rules section without publication of the text.

PUBLIC COMMENT. Comments on the rule review were accepted from March 25, 2022, through April 25, 2022. No comments were received.

TRD-202202285

Bobby Wilkinson

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 17, 2022


Public Utility Commission of Texas

Title 16 Part 2

The Public Utility Commission of Texas (commission) readopts Chapter 28, Rules Applicable to Cable and Video Service Providers, as required by Texas Government Code (Tex. Gov't Code) §2001.039, Agency Review of Existing Rules. The commission re-adopts these rules as published in the April 15, 2022 issue of the Texas Register (47 TexReg 2035). Tex. Gov't Code §2001.039 requires that each state agency review its rules every four years and readopt, readopt with amendments, or repeal the rules adopted by that agency pursuant to the Tex. Gov't Code, Chapter 2001. Such reviews must include, at a minimum, an assessment by the agency as to whether the reason for adopting or readopting the rules continues to exist.

The commission has completed the review of the rules in Chapter 28 required by Tex. Gov't Code §2001.039 and finds that the reasons for adopting the rules in Chapter 28 continue to exist.

The commission received no comments on the Chapter 28 rules from any party and received no requests for a public hearing.

The commission declines to make any changes to Chapter 28 in this rule review at this time.

Therefore, the commission re-adopts Chapter 28, Substantive Rules Applicable to Cable and Video Service Providers, in its entirety, under the Public Utility Regulatory Act §14.002 (PURA) which requires the commission to adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction; PURA §14.052, which requires the commission to adopt and enforce rules governing practice and procedure before the commission to adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction, including rules governing practice and procedure before the commission; PURA §66.001-66.004, which designate the commission as the franchising authority for a state-issued franchise for the provision of cable service or video service; and Texas Government Code §2001.039, which requires each state agency to review and re-adopt its rules every four years.

Cross reference to statute: PURA §14.002, §14.052, and §66.001-66.004; Tex. Gov't Code §2001.039.

This agency hereby certifies that the rules in Chapter 28, as re-adopted, have been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. It is therefore ordered by the Public Utility Commission of Texas that Chapter 28, Rules Applicable to Cable and Video Service Providers, is hereby re-adopted with no changes to this chapter.

TRD-202202295

Andrea Gonzalez

Rules Coordinator

Public Utility Commission of Texas

Filed: June 17, 2022