REVIEW OF AGENCY RULES

Proposed Rule Reviews

Texas Animal Health Commission

Title 4, Part 2

The Texas Animal Health Commission (commission) proposes the review of Texas Administrative Code, Title 4, Part 2, Chapter 31, concerning Anthrax, in its entirety, in accordance with Texas Government Code, §2001.039.

As required by §2001.039 of the Texas Government Code, the commission will accept comments and make a final assessment regarding whether the reasons for initially adopting these rules continues to exist and whether these rules should be revised, readopted or repealed.

Comments on the rule review may be submitted to Amanda Bernhard, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0719, or by email at "comments@tahc.texas.gov" no later than 30 days from the date that the proposed review is published in the Texas Register.

TRD-202201466

Myra Sines

Chief of Staff

Texas Animal Health Commission

Filed: April 18, 2022


The Texas Animal Health Commission (commission) proposes the review of Texas Administrative Code, Title 4, Part 2, Chapter 34, concerning Veterinary Biologics, in its entirety, in accordance with Texas Government Code, §2001.039.

As required by §2001.039 of the Texas Government Code, the commission will accept comments and make a final assessment regarding whether the reasons for initially adopting these rules continues to exist and whether these rules should be revised, readopted or repealed.

Comments on the rule review may be submitted to Amanda Bernhard, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0719, or by email at "comments@tahc.texas.gov" no later than 30 days from the date that the proposed review is published in the Texas Register.

TRD-202201467

Myra Sines

Chief of Staff

Texas Animal Health Commission

Filed: April 18, 2022


The Texas Animal Health Commission (commission) proposes the review of Texas Administrative Code, Title 4, Part 2, Chapter 35, concerning Brucellosis, in its entirety, in accordance with Texas Government Code, §2001.039.

As required by §2001.039 of the Texas Government Code, the commission will accept comments and make a final assessment regarding whether the reasons for initially adopting these rules continues to exist and whether these rules should be revised, readopted or repealed.

Comments on the rule review may be submitted to Amanda Bernhard, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0719, or by email at "comments@tahc.texas.gov" no later than 30 days from the date that the proposed review is published in the Texas Register.

TRD-202201468

Myra Sines

Chief of Staff

Texas Animal Health Commission

Filed: April 18, 2022


The Texas Animal Health Commission (commission) proposes the review of Texas Administrative Code, Title 4, Part 2, Chapter 37, concerning Screwworms, in its entirety, in accordance with Texas Government Code, §2001.039.

As required by §2001.039 of the Texas Government Code, the commission will accept comments and make a final assessment regarding whether the reasons for initially adopting these rules continues to exist and whether these rules should be revised, readopted or repealed.

Comments on the rule review may be submitted to Amanda Bernhard, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0719, or by email at "comments@tahc.texas.gov" no later than 30 days from the date that the proposed review is published in the Texas Register.

TRD-202201469

Myra Sines

Chief of Staff

Texas Animal Health Commission

Filed: April 18, 2022


The Texas Animal Health Commission (commission) proposes the review of Texas Administrative Code, Title 4, Part 2, Chapter 39, concerning Scabies, in its entirety, in accordance with Texas Government Code, §2001.039.

As required by §2001.039 of the Texas Government Code, the commission will accept comments and make a final assessment regarding whether the reasons for initially adopting these rules continues to exist and whether these rules should be revised, readopted or repealed.

Comments on the rule review may be submitted to Amanda Bernhard, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0719, or by email at "comments@tahc.texas.gov" no later than 30 days from the date that the proposed review is published in the Texas Register.

TRD-202201470

Myra Sines

Chief of Staff

Texas Animal Health Commission

Filed: April 18, 2022


The Texas Animal Health Commission (commission) proposes the review of Texas Administrative Code, Title 4, Part 2, Chapter 49, concerning Equine, in its entirety, in accordance with Texas Government Code, §2001.039.

As required by §2001.039 of the Texas Government Code, the commission will accept comments and make a final assessment regarding whether the reasons for initially adopting these rules continues to exist and whether these rules should be revised, readopted or repealed.

Comments on the rule review may be submitted to Amanda Bernhard, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0719, or by email at "comments@tahc.texas.gov" no later than 30 days from the date that the proposed review is published in the Texas Register.

TRD-202201471

Myra Sines

Chief of Staff

Texas Animal Health Commission

Filed: April 18, 2022


The Texas Animal Health Commission (commission) proposes the review of Texas Administrative Code, Title 4, Part 2, Chapter 58, concerning Emergency Response and Management, in its entirety, in accordance with Texas Government Code, §2001.039.

As required by §2001.039 of the Texas Government Code, the commission will accept comments and make a final assessment regarding whether the reasons for initially adopting these rules continues to exist and whether these rules should be revised, readopted or repealed.

Comments on the rule review may be submitted to Amanda Bernhard, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0719, or by email at "comments@tahc.texas.gov" no later than 30 days from the date that the proposed review is published in the Texas Register.

TRD-202201472

Myra Sines

Chief of Staff

Texas Animal Health Commission

Filed: April 18, 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 117, Massage Therapy

Chapter 121, Behavior Analyst

Chapter 130, Podiatric Medicine Program

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 Vanessa Vasquez, 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-202201503

Brad Bowman

General Counsel

Texas Department of Licensing and Regulation

Filed: April 20, 2022


Department of State Health Services

Title 25, Part 1

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of Health Services (DSHS), proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 25, Part 1 of the Texas Administrative Code:

Chapter 101, Tobacco

§101.1 - Purpose

§101.2 - Definitions

§101.3 - General Requirements for Annual Reports by Manufacturers

§101.4 - Ingredient Reporting Requirements

§101.5 - Cigarette Nicotine Yield Rating Reporting Requirements

§101.6 - Tobacco Products--Excluding Cigars, Nicotine Reporting Requirements

§101.7 - Security of Report Information

§101.10 - Public Information

This review is conducted pursuant to the requirements of the 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 consider whether these rules should be repealed, readopted, or readopted with amendments.

Comments on the review of Chapter 101, Tobacco, may be submitted to HHSC Rules Coordination Office, Mail Code 4102, P.O. Box 13247, Austin, Texas 78711-3247, or by email to HHSRulesCoordinationOffice@hhs.texas.gov. 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 25, Part 1 of the Texas Administrative Code or on the Secretary of State's website at

https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=25&pt=1&ch=101&rl=Y

TRD-202201429

Mahan Farman-Farmaian

Director, Rules Coordination Office

Department of State Health Services

Filed: April 14, 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 its 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 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.

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 has been readopted which will be noted in the Texas Register's Review of Agency Rules section without publication of the text.

SUMMARY OF PUBLIC COMMENT. Comments or questions about the rule review were accepted from February 25, 2022, through March 25, 2022. No comment was received.

This concludes the review of this rule in accordance with Texas Government Code §2001.039.

TRD-202201461

Bobby Wilkinson

Executive Director

Texas Department of Housing and Community Affairs

Filed: April 18, 2022


The Texas Department of Housing and Community Affairs (the Department) files this adoption 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 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 has been readopted and will be noted in the Texas Register's Review of Agency Rules section without publication of the text.

SUMMARY PUBLIC COMMENT. Comments or questions regarding the rule review were open to be submitted from February 25, 2022, through March 25, 2022. No comment was received.

This concludes the review of this rule in accordance with Texas Government Code §2001.039.

TRD-202201462

Bobby Wilkinson

Executive Director

Texas Department of Housing and Community Affairs

Filed: April 18, 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 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 has been readopted, which will be noted in the Texas Register's Review of Agency Rules section without publication of the text.

SUMMARY OF PUBLIC COMMENT. Comments or questions in response to this notice of rule review could be submitted from February 25, 2022, through March 25, 2022. No comments were received.

This concludes the review of this rule in accordance with Texas Government Code §2001.039.

TRD-202201463

Bobby Wilkinson

Executive Director

Texas Department of Housing and Community Affairs

Filed: April 18, 2022


The Texas Department of Housing and Community Affairs (the Department) adopts its rule review for 10 TAC Chapter 1, Administration, Subchapter A, General Policies and Procedures, §1.17, Alternative Dispute Resolution. The purpose of the 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 has been readopted which will be noted in the Texas Register's Review of Agency Rules section without publication of the text.

SUMMARY OF PUBLIC COMMENT. Comments or questions about the rule review were accepted from February 25, 2022, through March 25, 2022. No comment was received.

This concludes the review of this rule in accordance with Texas Government Code §2001.039.

TRD-202201464

Bobby Wilkinson

Executive Director

Texas Department of Housing and Community Affairs

Filed: April 18, 2022