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 F, Texas Wine Marketing Assistance Program, comprised of §17.200 (Definitions), §17.201 (Wine Marketing Assistance Program), and §17.202 (Package Store Participation).

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initial factual, legal, and policy reasons for adopting each rule continue to exist and whether these rules should be repealed, readopted, or readopted with amendments.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-202200880

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Filed: March 11, 2022


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 H, Texas Shrimp Marketing Assistance Program, comprised of §17.400 (Definitions), §17.401 (Shrimp Marketing Assistance Program and Advisory Committee), and §1.402 (Shrimp Marketing Assistance Program Staff).

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initial factual, legal, and policy reasons for adopting each rule continue to exist and whether these rules should be repealed, readopted, or readopted with amendments.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-202200881

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Filed: March 11, 2022


Credit Union Department

Title 7, Part 6

Chapter 95, Subchapter A, concerning insurance requirements, consisting of §§95.100, (Definitions), 95.101 (Share and Depositor Insurance Protection), 95.102 (Qualifications for an Insuring Organization), 95.103 (General Powers and Duties of an Insuring Organization), 95.104 (Notices), 95.105 (Reporting), 95.106 (Amount of Insurance Protection), 95.107 (Sharing Confidential Information), 95.108 (Examinations), 95.109 (Fees and Charges), and 95.110 (Enforcement; Penalty; and Appeal).

Chapter 95, Subchapter B, concerning liquidating agents, consisting of §§95.200 (Notice of Taking Possession; Appointment of Liquidating Agent; Subordination of Rights; and 95.205 (State Not Liable for any Deficiency).

Chapter 95, Subchapter C, concerning guaranty credit union, consisting of §§95.300 (Share and Deposit Guaranty Credit Union), 95.301 (Authority for a Guaranty Credit Union), 95.302 (Powers), 95.303 (Subordination of Right, Title, or Interest), 95.304 (Capital Contributions; Membership Investment Shares; Termination), 95.305 (Audited Financial Statements; Accounting Procedures; Reports), and 95.310 (Fees and Charges).

Chapter 95, Subchapter D, concerning disclosure for non-federally insured credit unions, consisting of §95.400 (Requirements of Participating Credit Unions).

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-202200862

John J. Kolhoff

Commissioner

Credit Union Department

Filed: March 10, 2022


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 §1.16, Ethics and Disclosure Requirements for Outside Financial Advisors and Service Providers. 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 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 proposed for readoption will be noted in the Texas Register's Review of Agency Rules section 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 March 25, 2022, through April 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, April 25, 2022.

TRD-202200887

Bobby Wilkinson

Executive Director

Texas Department of Housing and Community Affairs

Filed: March 14, 2022


Adopted Rule Reviews

Credit Union Department

Title 7, Part 6

The Credit Union Commission (Commission) has completed its review of Chapter 91, Subchapter G (relating to Lending Powers) respectively.

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

Notice of the review of 7 TAC, Part 6, Chapter 91, Subchapters G were published in the Texas Register as required on December 24, 2021 (46 TexReg 9063). The Department received no formal comment on the notice of intention to review.

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

TRD-202200904

John J. Kolhoff

Commissioner

Credit Union Department

Filed: March 14, 2022


Texas Education Agency

Title 19, Part 2

Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 151, Commissioner's Rules Concerning Passing Standards for Educator Certification Examinations, pursuant to Texas Government Code, §2001.039. TEA proposed the review of Chapter 151 in the January 14, 2022 issue of the Texas Register (47 TexReg 107).

Relating to the review of Chapter 151, TEA finds that the reasons for adopting Chapter 151 continue to exist and readopts the rules. TEA received no comments related to the review of Chapter 151.

No changes to Chapter 151 are necessary as a result of the review.

This concludes the review of Chapter 151.

TRD-202200926

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: March 16, 2022


Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 152, Commissioner's Rules Concerning Examination Requirements, pursuant to Texas Government Code, §2001.039.

TEA proposed the review of Chapter 152 in the January 14, 2022 issue of the Texas Register (47 TexReg 107).

Relating to the review of Chapter 152, TEA finds that the reasons for adopting Chapter 152 continue to exist and readopts the rules. TEA received no comments related to the review of Chapter 152. At a later date, TEA may propose updates to Chapter 152 related to examination requirements.

This concludes the review of Chapter 152.

TRD-202200927

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: March 16, 2022