Texas State Library and Archives Commission
Title 13, Part 1
The Texas State Library and Archives Commission (commission) files this notice of its intent to review and consider for readoption, revision, or repeal Texas Administrative Code, Title 13, Part 1, Chapter 4, concerning School Library Programs, in accordance with Texas Government Code §2001.039.
The review will include, at a minimum, an assessment of whether the reasons for initially adopting the rules continue to exist. The commission will accept comments regarding the review. The comment period will last for 30 days following the publication of this notice in the Texas Register. Comments regarding this review may be submitted to Sarah Swanson, General Counsel, Texas State Library and Archives Commission, 1201 Brazos Street, P.O. Box 12927, Austin, Texas 78711-2927 or to rules@tsl.texas.gov with the subject line "Rule Review."
TRD-202401632
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Filed: April 17, 2024
The Texas State Library and Archives Commission (commission) files this notice of its intent to review and consider for readoption, revision, or repeal Texas Administrative Code, Title 13, Part 1, Chapter 8, concerning TexShare Library Consortium, in accordance with Texas Government Code §2001.039.
The review will include, at a minimum, an assessment of whether the reasons for initially adopting the rules continue to exist. The commission will accept comments regarding the review. The comment period will last for 30 days following the publication of this notice in the Texas Register. Comments regarding this review may be submitted to Sarah Swanson, General Counsel, Texas State Library and Archives Commission, 1201 Brazos Street, P.O. Box 12927, Austin, Texas 78711-2927 or to rules@tsl.texas.gov with the subject line "Rule Review."
TRD-202401633
Sarah Swanson
General Counsel
Texas State Library and Archives Commission
Filed: April 17, 2024
Title 16, Part 2
The Public Utility Commission of Texas (commission) publishes this notice of intention to review Chapter 27, Substantive Rules Applicable to Telecommunications Service Providers, in accordance with Texas Government Code §2001.039, Agency Review of Existing Rules. The text of the rule sections will not be published. The text of the rules may be found in the Texas Administrative Code, Title 16, Economic Regulation, Part 2, or through the commission's website at www.puc.texas.gov.
Texas Government Code §2001.039 requires that each state agency review and readopt, readopt with amendments, or repeal the rules adopted by that agency pursuant to Texas Government Code, Chapter 2001, Subchapter B, Rulemaking. As required by Texas Government Code §2001.039(e), this review is to assess whether the reasons for adopting or readopting a rule continue to exist. The commission requests specific comments from interested persons on whether the reasons for adopting each rule section in Chapter 27 continue to exist.
The commission has conducted a review of the rules based on comments received in response to the preliminary notice published in the Texas Register on October 6, 2023 (48 TexReg 5867) and proposes amendments of several rules throughout the chapter. The commission contemporaneously proposes amendments in the Proposed Rules section of the Texas Register.
If it is determined during this review that any other section of Chapter 27 needs to be repealed or amended, the repeal or amendment will be initiated under a separate proceeding. Thus, this notice of intention to review Chapter 27 has no effect on the sections as they currently exist.
Interested persons may file comments on the review of Chapter 27 electronically through the interchange on the commission's website or may submit comments to the filing clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, by May 17, 2024. When filing comments, interested persons are requested to comment on the sections in the same order they are found in the chapter and to clearly designate which section is being commented upon. All comments should refer to Project Number 55307.
The notice of intention to review Chapter 27 is proposed for publication under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002, which provides the commission with the authority to adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction and Texas Government Code §2001.039 which requires each state agency to review its rules every four years.
Cross Reference to Statutes: Texas Utilities Code Annotated, Title II, Public Utility Regulatory Act, §14.002; Texas Government Code §2001.039.
TRD-202401474
Adriana Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: April 11, 2024
Title 26, Part 1
The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code:
Chapter 749, Minimum Standards for Child-Placing Agencies
This review is conducted in accordance with the requirements of Texas Government Code §2001.039, which requires state agencies, every four years, to assess whether the initial reasons for adopting a rule continue to exist. After reviewing its rules, the agency will readopt, readopt with amendments, or repeal its rules.
Comments on the review of Chapter 749, Minimum Standards for Child-Placing Agencies, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to CCRrules@hhs.texas.gov. When emailing comments, please indicate "Comments on Proposed Rule Review Chapter 749" in the subject line. The deadline for comments is on or before 5:00 p.m. central time on the 31st day after the date this notice is published in the Texas Register.
The text of the rule sections being reviewed will not be published, but may be found in Title 26, Part 1, of the Texas Administrative Code or on the Secretary of State's website at State Rules and Open Meetings (www.sos.texas.gov).
TRD-202401629
Jessica Miller
Director, Rules Coordination Office
Texas Health and Human Services Commission
Filed: April 17, 2024
Title 43, Part 10
The Texas Department of Motor Vehicles (department) will review and consider whether to readopt, readopt with amendments, or repeal 43 Texas Administrative Code, Chapter 208, Employment Practices and Chapter 223, Compliance and Investigations Division. This review is being conducted pursuant to Government Code, §2001.039.
The board of the Texas Department of Motor Vehicles will assess whether the reasons for initially adopting these rules continue to exist and whether the rules should be repealed, readopted, or readopted with amendments.
If you want to comment on this rule review proposal, submit your written comments by 5:00 p.m. CDT on May 28, 2024. A request for a public hearing must be sent separately from your written comments. Send written comments or hearing requests by email to rules@txdmv.gov or by mail to Office of General Counsel, Texas Department of Motor Vehicles, 4000 Jackson Avenue, Austin, Texas 78731. If a hearing is held, the department will consider written comments and public testimony presented at the hearing.
Any proposed changes to sections of this chapter will be published in the Proposed Rules section of the Texas Register and will be open for an additional 30-day public comment period.
TRD-202401482
Laura Moriaty
General Counsel
Texas Department of Motor Vehicles
Filed: April 11, 2024
Texas Health and Human Services Commission
Title 1, Part 15
The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 1, Part 15, of the Texas Administrative Code (TAC):
Chapter 363, Texas Health Steps Comprehensive Care Program
Notice of the review of this chapter was published in the February 16, 2024, issue of the Texas Register (49 TexReg 881). HHSC received no comments concerning this chapter.
HHSC has reviewed Chapter 363 in accordance with Texas Government Code §2001.039, which requires state agencies to assess, every four years, whether the initial reasons for adopting a rule continue to exist. The agency determined that the original reasons for adopting all rules in the chapter continue to exist and readopts Chapter 363. Any amendments, if applicable, to Chapter 363 identified by HHSC in the rule review will be proposed in a future issue of the Texas Register.
This concludes HHSC's review of 1 TAC Chapter 363 as required by the Texas Government Code §2001.039.
TRD-202401618
Jessica Miller
Director, Rules Coordination Office
Texas Health and Human Services Commission
Filed: April 17, 2024
Title 19, Part 2
The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 100, Charters, Subchapter AA, Commissioner's Rules Concerning Open-Enrollment Charter Schools, pursuant to Texas Government Code, §2001.039. The TEA proposed the review of 19 TAC Chapter 100, Subchapter AA, in the January 26, 2024 issue of the Texas Register (49 TexReg 424).
Relating to the review of Chapter 100, Subchapter AA, TEA finds that the reasons for the rules continue to exist. In the March 15, 2024 issue of the Texas Register, TEA proposed revisions to Subchapter AA to reorganize the subchapter as well as reflect changes to the Texas Education Code resulting from House Bill (HB) 1707, 88th Texas Legislature, Regular Session, 2023; Senate Bill (SB) 2032, 88th Texas Legislature, Regular Session, 2023; SB 879 , 87th Texas Legislature, Regular Session, 2021; HB 189, 87th Texas Legislature, Regular Session, 2021; SB 1615, 87th Texas Legislature, Regular Session, 2021; and SB 2293, 86th Texas Legislature, 2019.
TEA received one comment related to the review of Subchapter AA. Following is the comment received related to the review of Subchapter AA and the corresponding response.
Comment. Manor ISD commented that the rules in Chapter 100, Subchapter AA, should continue to exist.
Response. The agency agrees.
TRD-202401621
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Filed: April 17, 2024
Title 25, Part 1
The Texas Health and Human Services Commission (HHSC), in its own capacity and on behalf of the Texas Department of State Health Services, adopts the review of the chapter below in Title 25, Part 1, of the Texas Administrative Code:
Chapter 27, Case Management for Children and Pregnant Women
Notice of the review of this chapter was published in the February 16, 2024, issue of the Texas Register (49 TexReg 882). HHSC received no comments concerning this chapter.
HHSC has reviewed Chapter 27 in accordance with Texas Government Code §2001.039, which requires state agencies to assess, every four years, whether the initial reasons for adopting a rule continue to exist. The agency determined that the original reasons for adopting all rules in the chapter continue to exist and readopts Chapter 27. Any amendments, if applicable, to Chapter 27 identified by HHSC in the rule review will be proposed in a future issue of the Texas Register.
This concludes HHSC's review of 25 TAC Chapter 27 as required by the Texas Government Code §2001.039.
TRD-202401601
Jessica Miller
Director, Rules Coordination Office
Department of State Health Services
Filed: April 15, 2024
Title 26, Part 1
The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 26, Part 1, of the Texas Administrative Code (TAC):
Chapter 748, Minimum Standards for General Residential Operations
Notice of the review of this chapter was published in the February 9, 2024, issue of the Texas Register (49 TexReg 721). HHSC received no comments concerning this chapter.
HHSC has reviewed Chapter 748 in accordance with Texas Government Code §2001.039, which requires state agencies to assess, every four years, whether the initial reasons for adopting a rule continue to exist. The agency determined that the original reasons for adopting all rules in the chapter continue to exist and readopts Chapter 748. Any amendments, if applicable, to Chapter 748 identified by HHSC in the rule review will be proposed in a future issue of the Texas Register.
This concludes HHSC's review of 26 TAC Chapter 748 as required by the Texas Government Code §2001.039.
TRD-202401631
Jessica Miller
Director, Rules Coordination Office
Texas Health and Human Services Commission
Filed: April 17, 2024
The Texas Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 26, Part 1, of the Texas Administrative Code (TAC):
Chapter 900, Health and Specialty Care System
Notice of the review of this chapter was published in the February 9, 2024, issue of the Texas Register (49 TexReg 721). HHSC received no comments concerning this chapter.
HHSC has reviewed Chapter 900 in accordance with Texas Government Coded §2001.039, which requires state agencies to assess, every four years, whether the initial reasons for adopting a rule continue to exist.
The agency determined that the original reasons for adopting all rules in the chapter continue to exist and readopts Chapter 900. Any amendments to Chapter 900 identified by HHSC in the rule review will be proposed in a future issue of the Texas Register.
This concludes HHSC's review of 26 TAC Chapter 900 as required by the Texas Government Code §2001.039.
TRD-202401625
Jessica Miller
Director, Rules Coordination Office
Texas Health and Human Services Commission
Filed: April 17, 2024
Title 30, Part 1
The Texas Commission on Environmental Quality (TCEQ) has completed its Rule Review of 30 Texas Administrative Code (TAC) Chapter 39, Public Notice, as required by Texas Government Code, §2001.039. Texas Government Code, §2001.039, requires a state agency to review and consider for readoption, readoption with amendments, or repeal each of its rules every four years. TCEQ published its Notice of Intent to Review these rules in the October 6, 2023, issue of the Texas Register (48 TexReg 5828).
The review assessed whether the initial reasons for adopting the rules continue to exist, and TCEQ has determined that those reasons exist. The rules in Chapter 39 are required because Chapter 39 implements various state statutes and federal regulations that prescribe the requirements for public notice of and public participation regarding applications for certain air quality; water quality; municipal, industrial and hazardous waste; underground injection control; and radioactive materials permits.
Public Comment
The public comment period closed on November 6, 2023. TCEQ did not receive comments on the rules review of this chapter.
As a result of the review, TCEQ finds that the reasons for adopting the rules in 30 TAC Chapter 39 continue to exist and readopts these sections in accordance with the requirements of Texas Government Code, §2001.039.
TRD-202401569
Charmaine Backens
Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: April 12, 2024
The Texas Commission on Environmental Quality (TCEQ) has completed its Rule Review of 30 Texas Administrative Code (TAC) Chapter 50, Action on Applications and Other Authorizations, as required by Texas Government Code (TGC), §2001.039. TGC, §2001.039, requires a state agency to review and consider for readoption, readoption with amendments, or repeal each of its rules every four years. TCEQ published its Notice of Intent to Review these rules in the October 6, 2023, issue of the Texas Register (48 TexReg 5828).
The review assessed whether the initial reasons for adopting the rules continue to exist and TCEQ has determined that those reasons exist. The rules in Chapter 50 are required because Chapter 50 provides the procedures for action by the commission and by the executive director regarding applications for certain air quality; water quality; municipal, industrial and hazardous waste; underground injection control; and radioactive materials permits as well as water quality management plans.
Public Comment
The public comment period closed on November 6, 2023. TCEQ did not receive comments on the rules review of this chapter.
As a result of the review, TCEQ finds that the reasons for adopting the rules in 30 TAC Chapter 50 continue to exist and readopts these sections in accordance with the requirements of TGC, §2001.039.
TRD-202401570
Charmaine Backens
Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: April 12, 2024
The Texas Commission on Environmental Quality (TCEQ) has completed its Rule Review of 30 Texas Administrative Code (TAC) Chapter 55, Requests for Reconsideration and Contested Case Hearings; Public Comment, as required by Texas Government Code (TGC), §2001.039. TGC, §2001.039, requires a state agency to review and consider for readoption, readoption with amendments, or repeal each of its rules every four years. TCEQ published its Notice of Intent to Review these rules in the October 6, 2023, issue of the Texas Register (48 TexReg 5829).
The review assessed whether the initial reasons for adopting the rules continue to exist, and TCEQ has determined that those reasons exist. The rules in Chapter 55 are required to provide the procedures for public meetings, responding to public comment and requests for contested case hearing regarding applications for certain air quality; water quality; municipal, industrial and hazardous waste; underground injection control; and water rights permits as well as priority groundwater management areas and groundwater conservation districts
Public Comment
The public comment period closed on November 6, 2023. TCEQ did not receive comments on the rules review of this chapter.
As a result of the review, TCEQ finds that the reasons for adopting the rules in 30 TAC Chapter 55 continue to exist and readopts these sections in accordance with the requirements of TGC, §2001.039.
TRD-202401572
Charmaine Backens
Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: April 12, 2024
The Texas Commission on Environmental Quality (TCEQ) has completed its Rule Review of 30 Texas Administrative Code (TAC) Chapter 352, Coal Combustion Residuals Waste Management, as required by Texas Government Code (TGC), §2001.039. TGC, §2001.039, requires a state agency to review and consider for readoption, readoption with amendments, or repeal each of its rules every four years. TCEQ published its Notice of Intent to Review these rules in the October 6, 2023, issue of the Texas Register (48 TexReg 5829).
The review assessed whether the initial reasons for adopting the rules continue to exist and TCEQ has determined that those reasons exist. The rules in Chapter 352 are required to implement the requirements of 40 Code of Federal Regulations Part 257, Subpart D for management of coal combustion residuals (CCR) in landfills and surface impoundments and implement procedural requirements for the state’s CCR registration and compliance monitoring programs. TCEQ administers an EPA-approved CCR program in Texas by application of the rules in Chapter 352.
Public Comment
The public comment period closed on November 6, 2023. TCEQ did not receive comments on the rules review of this chapter.
As a result of the review, TCEQ finds that the reasons for adopting the rules in 30 TAC Chapter 352 continue to exist and readopts these sections in accordance with the requirements of TGC, §2001.039.
TRD-202401571
Charmaine Backens
Deputy Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: April 12, 2024
Title 40, Part 1
The Texas Health and Human Services Commission (HHSC), as the successor agency of the Texas Department of Aging and Disability Services (DADS), adopts the review of the chapter below in Title 40, Part 1, of the Texas Administrative Code (TAC):
Chapter 3, Responsibilities of State Facilities
Notice of the review of this chapter was published in the March 1, 2024, issue of the Texas Register (49 TexReg 1289). HHSC received no comments concerning this chapter.
HHSC has reviewed Chapter 3 in accordance with Texas Government Code §2001.039, which requires state agencies to assess, every four years, whether the initial reasons for adopting a rule continue to exist.
The agency determined that the original reasons for adopting all rules in the chapter continue to exist and readopts Chapter 3. Any amendments, if applicable, to Chapter 3 identified by HHSC in the rule review will be proposed in a future issue of the Texas Register.
This concludes HHSC's review of 40 TAC Chapter 3 as required by the Texas Government Code §2001.039.
TRD-202401623
Jessica Miller
Director, Rules Coordination Office
Department of Aging and Disability Services
Filed: April 17, 2024
The Texas Health and Human Services Commission (HHSC), as the successor agency of the Texas Department of Aging and Disability Services (DADS), adopts the review of the chapter below in Title 40, Part 1, of the Texas Administrative Code (TAC):
Chapter 5, Provider Clinical Responsibilities--Intellectual Disability Services
Notice of the review of this chapter was published in the March 1, 2024, issue of the Texas Register (49 TexReg 1290). HHSC received no comments concerning this chapter.
HHSC has reviewed Chapter 5 in accordance with Texas Government Code §2001.039, which requires state agencies to assess, every four years, whether the initial reasons for adopting a rule continue to exist.
The agency determined that the original reasons for adopting rules in the chapter continue to exist and readopts Chapter 5 except for:
§5.13, References;
§5.14, Distribution;
§5.409, Documenting and Reporting Behavior Therapy Programs that Use Highly Restrictive Procedures;
§5.411, References; and
§5.412, Distribution.
The identified repeals and any amendments, if applicable, to Chapter 5 identified by HHSC in the rule review will be proposed in a future issue of the Texas Register.
This concludes HHSC's review of 40 TAC Chapter 5 as required by the Texas Government Code §2001.039.
TRD-202401626
Jessica Miller
Director, Rules Coordination Office
Department of Aging and Disability Services
Filed: April 17, 2024
The Texas Health and Human Services Commission (HHSC), as the successor agency to Texas Department of Aging and Disability Services (DADS), adopts the review of the chapter below in Title 40, Part 1, of the Texas Administrative Code:
Chapter 55, Contracting to Provide Home-Delivered Meals
Notice of the review of this chapter was published in the January 5, 2024, issue of the Texas Register (49 TexReg 62). HHSC received multiple comments from one commenter concerning this chapter. A summary of the comments and HHSC's response follows.
Comments: One commenter suggested updating and revising terminology; providing nutritional information to individuals quarterly instead of monthly and removing the annual requirement for a written plan for nutrition education; requiring the provider agency to give a copy of inspection results to the contract manager upon request instead of within five calendar days of receiving the results; using the Dietary Reference Intake (DRI) and removing the requirement for a menu to offer meals of varying temperatures; removing the requirement of physician's documentation of client needs; allowing frozen, chilled, or shelf-stable meals at any time rather than only during emergency or inclement weather situations; removing the requirement for documentation of authorized services and revising service initiation and related process timeliness requirements; revising food delivery timeliness requirements and removing the requirement for the individual or responsible party to be available to accept the delivery; adding phone and email to the communication options the provider may use to notify HHSC or the case manager of an incident that prevents delivery of meals; removing the annual requirement for a client satisfaction survey and instead allowing the provider to determine the timeline and allowing the survey to be of a sample of clients; removing the annual requirement for the provider to monitor the food preparation site and only providing the monitoring results to HHSC upon request; allowing the provider to use phone or email to notify the individual's case manager of service suspension and removing the ability of the provider to suspend services for the client repeatedly not being available to accept the delivery; requiring HHSC to negotiate service termination dates with the provider; removing the requirement for the provider to donate towards the cost of a meal and expanding the scenarios under which HHSC must reimburse the provider agency for the cost of failed meal deliveries; and allowing providers to follow their own internal complaint procedures.
Response: HHSC will consider making these changes during a future amendment.
HHSC has reviewed Chapter 55 in accordance with Texas Government Code §2001.039, which requires state agencies to assess, every four years, whether the initial reasons for adopting a rule continue to exist. The agency determined that the original reasons for adopting all rules in the chapter continue to exist and readopts Chapter 55. Any amendments, if applicable, to Chapter 55 identified by HHSC in the rule review will be proposed in a future issue of the Texas Register.
This concludes HHSC's review of 40 TAC Chapter 55 as required by the Texas Government Code §2001.039.
TRD-202401583
Jessica Miller
Director, Rules Coordination Office
Department of Aging and Disability Services
Filed: April 15, 2024
The Texas Health and Human Services Commission (HHSC), as the successor agency to Texas Department of Aging and Disability Services, adopts the review of the chapter below in Title 40, Part 1, of the Texas Administrative Code:
Chapter 60, Contracting to Provide Programs of All-Inclusive Care for the Elderly (PACE)
Notice of the review of this chapter was published in the January 5, 2024, issue of the Texas Register (49 TexReg 63). HHSC received no comments concerning this chapter.
HHSC has reviewed Chapter 60 in accordance with Texas Government Code §2001.039, which requires state agencies to assess, every four years, whether the initial reasons for adopting a rule continue to exist. The agency determined that the original reasons for adopting all rules in the chapter continue to exist and readopts Chapter 60. Any amendments, if applicable, to Chapter 60 identified by HHSC in the rule review will be proposed in a future issue of the Texas Register.
This concludes HHSC's review of 40 TAC Chapter 60 as required by the Texas Government Code §2001.039.
TRD-202401581
Jessica Miller
Director, Rules Coordination Office
Department of Aging and Disability Services
Filed: April 15, 2024
Title 43, Part 10
The Texas Department of Motor Vehicles (department) files this notice of readoption of Title 43 Texas Administrative Code (TAC), Part 10, Chapter 206, Management; Chapter 215, Motor Vehicle Distribution; and Chapter 221, Salvage Vehicle Dealers, subject to the amendments and repeals in Chapters 206, 215, and 221 that are also published in this issue of the Texas Register. The review was conducted pursuant to Government Code, §2001.039.
Notice of the department's intention to review was published in the December 29, 2023, issue of the Texas Register (48 TexReg 8393). The department did not receive any comments on the rule reviews.
As a result of the review, the department readopts Chapters 206, 215, and 221 in accordance with the requirements of Government Code, §2001.039, with amendments and repeals in Chapters 206, 215, and 221 resulting from the rule review also published in this issue of the Texas Register. The department has determined that the reasons for initially adopting the readopted rules continue to exist.
This concludes the review of Chapters 206, 215, and 221.
TRD-202401493
Laura Moriaty
General Counsel
Texas Department of Motor Vehicles
Filed: April 12, 2024