REVIEW OF AGENCY RULES

Proposed Rule Reviews

Texas Department of Agriculture

Title 4, Part 1

The Texas Department of Agriculture (Department) files this notice of intent to review Texas Administrative Code, Title 4, Part 1, Chapter 1, Subchapter D, Miscellaneous Provisions. 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initial factual, legal, and policy reasons for adopting each rule continue to exist and whether these rules should be repealed, readopted, or readopted with amendments.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 Laura Ingram, Deputy General Counsel, at Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711-2847 or by email at laura.ingram@texasagriculture.gov. The deadline for comments is 30 days after publication of this notice in the Texas Register.

TRD-202203146

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Filed: August 22, 2022


The Texas Department of Agriculture (the Department) files this notice of intent to review Texas Administrative Code, Title 4, Part 1, Chapter 1, Subchapter E, Advisory Committees. This review will be 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initial factual, legal, and policy reasons for adopting each rule continue to exist and whether these rules should be repealed, readopted, or readopted with amendments.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-202203177

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Filed: August 22, 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 1, Subchapter R, Children's Access to Nutritious Food Grant Program, comprised of §1.1200 (Statement of Purpose), §1.1201 (Definitions), §1.1202 (Eligibility), §1.1203 (Contents of Proposal), and §1.1204 (Reporting Requirements).

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 Karen Reichek, Administrator for Trade & Business Development, at Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711-2847 or by email at Karen.Reichek@TexasAgriculture.gov. The deadline for comments is 30 days after publication of this notice in the Texas Register.

TRD-202203214

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Filed: August 24, 2022


The Texas Department of Agriculture (Department) files this notice of intent to review Texas Administrative Code, Title 4, Part 1, Chapter 26, Subchapter B, Nutrition Working Groups. 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 Susana Esparza, Assistant General Counsel, at Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711-2847 or by email to susana.esparza@texasagriculture.gov. The deadline for comments is 30 days after publication of this notice in the Texas Register.

TRD-202203215

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Filed: August 24, 2022


State Securities Board

Title 7, Part 7

The State Securities Board (Agency), beginning September 2022, will review and consider for readoption, revision, or repeal Chapter 101, General Administration; Chapter 103, Rulemaking Procedure; and Chapter 104, Procedure for Review of Applications, in accordance with Texas Government Code, §2001.039, which requires rule review every four years. The rules to be reviewed are located in Title 7, Part 7, of the Texas Administrative Code. The text of the rule sections will not be published. 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 Agency has conducted a preliminary review of these chapters and determined the reasons for initially adopting the chapters continue to exist. The Agency's Board will consider, among other things, whether the initial factual, legal, and policy reasons for adoption of these rules continue to exist, whether these rules should be repealed, and whether any changes are needed. This notice to review has no effect on the chapters as they currently exist. Readopted chapters will be noted in a subsequent issue of the Texas Register's "Review of Agency Rules" section without publication of the text.

Any changes to the rules proposed by the Agency's Board after reviewing the rules and considering the comments received in response to this notice will appear in the "Proposed Rules" section of a subsequent issue of the Texas Register. Such changes will be open for public comment prior to the final adoption of any changes to the rule by the Agency in accordance with the requirements of the Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001.

Comments or suggestions on the proposal must be in writing and will be accepted for 30 days following publication of this notice in the Texas Register. Written comments should be submitted to Marlene K. Sparkman, General Counsel, State Securities Board, P.O. Box 13167, Austin, Texas 78711-3167 or faxed to (512) 305-8336. Comments may also be submitted electronically to proposal@ssb.texas.gov. In order to be considered by the Board at adoption, comments must be received no later than 30 days following publication. Comments received will be reviewed and discussed in a future Board meeting.

Issued in Austin, Texas on August 23, 2022.

TRD-202203207

Travis J. Iles

Securities Commissioner

State Securities Board

Filed: August 23, 2022


Texas Department of Licensing and Regulation

Title 16, Part 4

The Texas Department of Licensing and Regulation (Department) files this Notice of Intent to Review to consider for re-adoption, revision, or repeal the chapters listed below, in their entirety, contained in Title 16, Part 4, of the Texas Administrative Code. This review is being conducted in accordance with Texas Government Code §2001.039.

Rule Chapters Under Review

Chapter 55, Rules for Administrative Services

Chapter 61, Combative Sports

Chapter 65, Boilers

Chapter 66, Registration of Property Tax Consultants

Chapter 67, Auctioneers

Chapter 68, Elimination of Architectural Barriers

Chapter 74, Elevators, Escalators, and Related Equipment

Chapter 75, Air Conditioning and Refrigeration

Chapter 77, Service Contract Providers and Administrators

Chapter 79, Weather Modification

Chapter 87, Used Automotive Parts Recyclers

Chapter 94, Property Tax Professionals

During the review, the Department will assess whether the reasons for adopting or readopting the rules in these chapters continue to exist. The Department will review each rule to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current Department procedures. This review is required every four years.

Written comments regarding the review of these chapters may be submitted electronically on the Department's website at https://ga.tdlr.texas.gov:1443/form/gcerules (select the appropriate chapter name for your comment); by facsimile to (512) 475-3032; or by mail to Monica Nuñez, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.

Any proposed changes to the rules in these chapters as a result of the rule review will be published in the Proposed Rules section of the Texas Register. The proposed rules will be open for public comment before final adoption by the Texas Commission of Licensing and Regulation, the Department's governing body, in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

TRD-202203223

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Filed: August 24, 2022


Adopted Rule Reviews

Texas Department of Agriculture

Title 4, Part 1

The Texas Department of Agriculture (Department) adopts the review of Texas Administrative Code, Title 4, Part 1, Chapter 1, Subchapter K, Employee Training Rules, comprised of §§1.700 - 1.702. The review was conducted in accordance with the requirements of Texas Government Code §2001.039 (Agency Review of Existing Rules).

Notice of intent to review the rules was published in the May 21, 2021 issue of the Texas Register (46 TexReg 3303). No comments were received on the proposed rule review.

The Department finds that the reasons for initially adopting the rules in Chapter 1, Subchapter K continue to exist, and readopts the rules with amendments and proposes new rules to reflect current statutory requirements, current procedures, provide clarity, and update references to legal authority. As a result, the department proposes amendments to §§1.700 - 1.702 and proposes new §§1.703 and 1.704, which can be found in the Proposed Rules section of this issue.

TRD-202203140

Skyler Shafer

Assistant Attorney General

Texas Department of Agriculture

Filed: August 19, 2022


Pursuant to the notices of proposed rule review published in the March 25, 2022 issue of the Texas Register (47 TexReg 1627), the Texas Department of Agriculture (Department) has reviewed and considered for readoption, revision or repeal all sections within Texas Administrative Code, Title 4, Part 1, Chapter 17, Subchapter F (Texas Wine Marketing Assistance Program), and Subchapter H (Texas Shrimp Marketing Assistance Program), in accordance with Texas Government Code, §2001.039 (Agency Review of Existing Rules). No comments were received on the proposed rule reviews.

The Department finds that the reasons for initially adopting Chapter 17, Subchapters F and H no longer exist. As a result, the Department proposes the repeal of both subchapters, which can be found in the Proposed Rules section of this issue.

TRD-202203157

Skyler Shafer

Assistant General Counsel

Texas Department of Agriculture

Filed: August 22, 2022


State Seed and Plant Board

Title 4, Part 5

Pursuant to the notice of proposed rule review published in the July 16, 2021 issue of the Texas Register (46 TexReg 4379), the State Seed and Plant Board (Board) has reviewed and considered for readoption, revision, or repeal all rules in Texas Administrative Code, Title 4, Part 5, Chapter 81, Certification Procedures, and Chapter 82, Administrative Procedures, in accordance with Texas Government Code, §2001.039 (Agency Review of Existing Rules). No comments were received on the proposed rule review.

The Board has found that the business reasons for initially adopting the rules in Chapters 81 and 82 no longer exist. As a result, the Board proposes the repeals of Chapters 81 and 82, which can be found in the Proposed Rules section of this issue.

TRD-202203120

Skyler Shafer

Assistant General Counsel

State Seed and Plant Board

Filed: August 18, 2022


Department of Savings and Mortgage Lending

Title 7, Part 4

The Department of Savings and Mortgage Lending (department) has completed its review of the following chapters of 7 TAC Part 4:

Chapter 75, Applications (§§75.1 - 75.3, 75.6, 75.8, 75.10, 75.25 - 75.27, 75.31 - 75.33, 75.35, 75.36, 75.38, 75.39, 75.41, 75.81 - 75.83, 75.87 - 75.91, 75.122 - 75.124, 75.126, 75.127, 75.201 - 75.204);

Chapter 76, Miscellaneous (§§76.1, 76.2, 76.4 - 76.7, 76.12, 76.21 - 76.26, 76.41 - 76.47, 76.91 - 76.103, 76.105 - 76.110); and

Chapter 77, Loans, Investments, Savings, and Deposits (§§77.1 - 77.11, 77.31, 77.33, 77.35, 77.51, 77.71, 77.73, 77.91, 77.92, 77.93, 77.94, 77.95, 77.96).

The review of 7 TAC Chapters 75 - 77 was conducted in accordance with Government Code §2001.039. Notice of the review was published in the May 6, 2022 issue of the Texas Register (47 TexReg 2777). No comments were received in response to the notice.

The rules contained in 7 TAC Chapters 75 - 77 were adopted by the Finance Commission of Texas (commission) on behalf of the department.

As a result of the rule review conducted by the department, the commission has determined that certain changes to the rules are appropriate and necessary. Those proposed rule changes are published in the Proposed Rules section in this issue of the Texas Register.

The commission, after considering the results of the rule review conducted by the department, finds that the reasons for initially adopting the rules reviewed continue to exist and readopts 7 TAC Chapters 75 - 77.

TRD-202203187

Iain A. Berry

Deputy General Counsel

Department of Savings and Mortgage Lending

Filed: August 22, 2022


Office of Consumer Credit Commissioner

Title 7, Part 5

The Finance Commission of Texas (commission) has completed the rule review of Texas Administrative Code, Title 7, Chapter 86, concerning Retail Creditors, in its entirety. The rule review was conducted under Texas Government Code, §2001.039.

Before publishing notice of the review in the Texas Register, the Office of Consumer Credit Commissioner (OCCC) issued an informal advance notice of the rule review to stakeholders. The OCCC received one informal precomment from an industry association in response to the advance notice. The precomment recommended an amendment to 7 TAC §86.201 (relating to Documentary Fee), to increase the maximum documentary fee for covered land vehicles from $125 to $150. Regarding this precomment, the commission does not believe that an increase in the maximum documentary fee is supported at this time. The OCCC intends to study this issue further.

Notice of the review of 7 TAC Chapter 86 was published in the June 3, 2022, issue of the Texas Register (47 TexReg 3277). The commission did not receive any official comments in response to that notice.

As a result of the rule review, the commission finds that the reasons for initially adopting the rules in 7 TAC Chapter 86 continue to exist, and readopts this chapter in accordance with the requirements of Texas Government Code, §2001.039.

TRD-202203132

Matthew Nance

Deputy General Counsel

Office of Consumer Credit Commissioner

Filed: August 19, 2022


Texas Education Agency

Title 19, Part 2

Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 62, Commissioner's Rules Concerning Options for Local Revenue Levels in Excess of Entitlement, pursuant to Texas Government Code, §2001.039. TEA proposed the review of Chapter 62 in the April 22, 2022, issue of the Texas Register (47 TexReg 2301).

Relating to the review of Chapter 62, TEA finds that the reasons for adopting the chapter continue to exist and readopts the rules. TEA received no comments related to the review of Chapter 62. No changes to Chapter 62 are necessary as a result of the review.

This concludes the review of Chapter 62.

TRD-202203079

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: August 17, 2022


Texas Education Agency (TEA) adopts 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. TEA proposed the review of Chapter 149, Subchapters AA and BB, in the July 1, 2022, issue of the Texas Register (47 TexReg 3827).

Relating to the review of Chapter 149, Subchapters AA and BB, TEA finds that the reasons for adopting the chapter continue to exist and readopts the rules. TEA received no comments related to the review of the chapter. No changes to Chapter 149, Subchapters AA and BB, are necessary as a result of the review.

This concludes the review of Chapter 149.

TRD-202203080

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: August 17, 2022


Texas Appraiser Licensing and Certification Board

Title 22, Part 8

In accordance with Texas Government Code §2001.039, the Texas Appraiser Licensing and Certification Board (TALCB) has concluded its review of 22 TAC Chapter 153, Rules Relating to Provisions of the Texas Appraiser Licensing and Certification Act. The notice of proposed rule review was published in the March 11, 2022 issue of the Texas Register (47 TexReg 1303).

TALCB has determined that the reasoned justification for adopting 22 TAC 153 continues to exist. Furthermore, the review process may indicate that a specific rule needs to be amended to further refine or better reflect current TALCB procedures and policy considerations, or that rules be combined or reduced for simplification and clarity. Accordingly, TALCB adopts with amendments 22 TAC 153 as proposed in the May 20, 2022 issue of the Texas Register (47 TexReg 2991) and adopted under the Adopted Rules section of this issue of the Texas Register.

No comments were received regarding TALCB’s notice of review. This notice concludes TALCB’s review of 22 TAC Chapter 153, Rules Relating to Provisions of the Texas Appraiser Licensing and Certification Act.

TRD-202203142

Kathleen Santos

General Counsel

Texas Appraiser Licensing and Certification Board

Filed: August 19, 2022


Texas Board of Paroles and Pardons

Title 37, Part 5

The Texas Board of Pardons and Paroles (Board) files this notice of readoption of 37 TAC, Part 5, Chapter 141, General Provisions. The review was conducted pursuant to Government Code, §2001.039. Notice of the Board's intention to review was published in the July 24, 2020 issue of the Texas Register (45 TexReg 5205).

As a result of the rule review, the Board has determined that the original justifications for initially adopting the rules in 37 TAC Chapter 141 continue to exist. The Board readopts §§141.3, 141.5, 141.57, 141.61, 141.72, 141.81, and 141.82 with amendments as published in the Adopted Rules section of this issue of the Texas Register.

No comments on the proposed rule review were received.

This concludes the review of 37 TAC Chapter 141, General Provisions.

TRD-202203133

Bettie Wells

General Counsel

Texas Board of Paroles and Pardons

Filed: August 19, 2022