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 chapter listed below, in its 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 83, Barbers and Cosmetologists
During the review, the Department will assess whether the reasons for adopting or readopting the rules in this chapter 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 The Department will review each rule to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current Department procedures.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 this chapter 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 Shamica Mason, 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 this chapter 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-202301087
Della Lindquist
Interim General Counsel
Texas Department of Licensing and Regulation
Filed: March 17, 2023
Title 28, Part 2
Proposed Rule Review
The Texas Department of Insurance, Division of Workers' Compensation (DWC) will review all sections in 28 Texas Administrative Code:
-Chapter 41 (Practice and Procedure);
-Chapter 42 (Medical Benefits);
-Chapter 43 (Insurance Coverage);
-Chapter 45 (Employer's Report of Injury or Disease);
-Chapter 47 (Employee Notice of Injury or Death and Claim for Benefits);
-Chapter 49 (Procedures for Formal Hearings by the Board);
-Chapter 51 (Award of the Board);
-Chapter 53 (Carrier's Report of Initiation and Suspension of Compensation Payments);
-Chapter 55 (Lump Sum Payments);
-Chapter 56 (Structured Compromise Settlement Agreements);
-Chapter 59 (Notices of Intention to Appeal);
-Chapter 61 (Prehearing Conferences);
-Chapter 63 (Promptness of First Payment);
-Chapter 64 (Representing Claimants Before the Board);
-Chapter 65 (Unethical or Fraudulent Claims Practices);
-Chapter 67 (Allegations of Fraud); and
-Chapter 69 (Medical Examination Orders).
This review complies with the requirements for periodic rule review under Texas Government Code §2001.039.
DWC will consider whether the reasons for initially adopting these rules continue to exist, and whether these rules should be repealed, readopted, or readopted with amendments.
Comments
To comment on this review, you must:
-Submit your written comments by 5 p.m., Central time, on May 1, 2023.
-Specify the rule to which your comment applies.
-Include any proposed alternative language.
Send your written comments or hearing request to RuleComments@tdi.texas.gov or to:
Legal Services, MC-LS
Texas Department of Insurance, Division of Workers' Compensation
P.O. Box 12050
Austin, Texas 78711-2050
DWC may consider any suggested repeals or amendments identified during this rule review in future rulemaking under Texas Government Code Chapter 2001 (Administrative Procedure).
TRD-202301136
Kara Mace
Deputy Commissioner for Legal Services
Texas Department of Insurance, Division of Workers' Compensation
Filed: March 21, 2023
Title 4, Part 13
The Texas Prescribed Burning Board (Board), a semi-independent board administratively attached to the Texas Department of Agriculture (Department), files this notice that the Board and Department have completed reviewing Texas Administrative Code, Title 4, Part 13, Chapter 225 (General Provisions), Chapter 226 (Requirements for Certification by the Board), Chapter 227 (Requirements for Certified and Insured Prescribed Burn Managers), Chapter 228 (Procedures for Certified and Insured Prescribed Burn Managers), Chapter 229 (Continuing Fire Training), and Chapter 230 (Lead Burning Instructor Requirements) pursuant to Texas Government Code §2001.039. The notice of proposed rule review was published in August 12, 2022, issue of the Texas Register (47 TexReg 4859). No comments were received as a result of the notice.
The Board finds that the reasons for initially adopting Chapter 225 continue to exist and readopts §§225.1 - 225.4 with changes and §225.5 with no changes.
The Board finds that the reasons for initially adopting Chapter 226 continue to exist and readopts §§226.1 - 226.3, 226.5 - 226.7 with changes and §226.4 with no changes.
The Board finds that the reasons for initially adopting Chapter 227 continue to exist, with the exception of §227.3, and readopts §227.1 and §227.4 with changes.
The Board finds that the reasons for initially adopting Chapter 228 continue to exist and readopts §§228.1 - 228.4 with changes.
The Board finds that the reasons for initially adopting Chapter 229 continue to exist and readopts §§229.1 - 229.4 with changes.
The Board finds that the reasons for initially adopting Chapter 230 continue to exist and readopts §§230.1 - 230.4 with changes.
As a result of this rule review, the Board proposes amendments to the rules, as noted above, and the repeal of §227.3, which can be found in the Proposed Rules section of this issue.
TRD-202301088
Skyler Shafer
Assistant General Counsel
Prescribed Burning Board
Filed: March 17, 2023
Title 25, Part 1
The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), adopts the review of the chapter below in in its entirety, contained in Title 25, Part 1 of the Texas Administrative Code:
Chapter 181, Vital Statistics
Subchapter A, Miscellaneous Provisions
Subchapter B, Vital Records
Subchapter C, Central Adoption Registry
Subchapter D, Birth Registration Certification
Subchapter E, Delayed Registration
Notice of the review of this chapter was published in the November 25, 2022, issue of the Texas Register (47 TexReg 7931). HHSC received one comment concerning this chapter.
One individual commented to propose a change to Chapter 181, Vital Statistics by repealing §181.24, relating to Abused, Misused, or Flagged Records, specifically referencing the 10-certificate limit on birth records.
The department has considered and reviewed the suggested change; however, the department views the reasons for originally adopting Texas Administrative Code §181.24(a)(1) to still exist. The department has addressed this same concern when the rule was originally adopted and limited the amount of birth and death records to be issued. It was found agreeable to limit only the number of birth records issued to be 10. As this rule is currently implemented, a birth record that has been requested 10 or more times may still be obtained by the registrant on a case-by-case basis after review by the department. This is to ensure the integrity of the record and protect from fraudulent activity.
HHSC has reviewed Chapter 181 in accordance with §2001.039 of the Government Code, 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 181. Any appropriate amendments to Chapter 181 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 181 as required by the Government Code, §2001.039.
TRD-202301084
Jessica Miller
Director, Rules Coordination Office
Health and Human Services Commission
Filed: March 15, 2023